Since shortly after Nov. 3, 2020, some of the most serious allegations about Maricopa County’s handling of the General Election has included not only fake ballots and switched voter counts, but also that some employees did not follow proper protocols when verifying voter signatures on the 1.9 million early ballot affidavits.
There was even testimony in at least one election challenge lawsuit about the amount of discretion employees of the Maricopa County Recorder’s Office had in deciding which of the early ballots to accept during the signature verification phase.
Since then, one selling point for the Senate’s current audit of Maricopa County’s election process has been the chance for a “full forensic audit” that would include comparing affidavit signatures to the voters’ registration files. AZ Free News has verified that the Senate subpoenas commanded county officials to turn over images of the early ballot envelopes.
“I can confirm that we complied and the Senate is in possession of those images,” said Megan Gilbertson, Communications Director for the Maricopa County Elections Department.
But questions are now being raised about whether Senate President Karen Fann included an audit of Maricopa County’s early ballot signature verification process in her deal with audit contractor Cyber Ninjas or its three subcontractors.
Last Thursday, the Senate’s audit liaison, Ken Bennett, said the plan is to audit at least “some” of the early ballot signatures. However, others close to the audit contend that looking at those signatures is beyond the scope of what the contractors have been asked to do.
Which raises the question of who has the 1.9 million envelope images which Maricopa County turned over in compliance with the subpoena. And who else has access to those images in light of signature confidentiality requirements in state law and the fact those signatures are quite valuable to identity thieves.
Even if Bennett ensures a sampling of signatures are audited, he will be under a time crunch, as an attorney for Cyber Ninjas told a judge last week that audit operations must be done at Veterans Memorial Coliseum on May 14.
Another problem for Bennett and the auditors is figuring out a sufficient sample size to provide a reliable result. Previous testimony about the signature verification process noted that it is important to look at ballot envelopes received by the recorder’s office on various days and to have envelopes which were verified by a variety of employees.
Bennett is currently in a self-imposed media blackout with local journalists, although he did find time Monday to record an interview for the Arizona Republican Party.
A lawsuit filed last week by the Arizona Democratic Party and Maricopa County Supervisor Steve Gallardo (in his personal capacity as a registered voter) will go before Judge Daniel Martin of the Maricopa County Superior Court on Tuesday. The lawsuit seeks to stop the audit until the Senate promises its contractors will comply with state law and the Arizona Elections Procedures Manual.
Meanwhile, a petition for special action filed with the Arizona Supreme Court by Fann and the other defendants is a second track for their attempts to have the Dems’ legal challenge dismissed.
Two judges, one from Maricopa County and the other an Associate Justice of the Arizona Supreme Court, agreed Friday that the Senate Audit of Maricopa County’s 2020 General Election can move ahead for now. Both judges also ordered the parties to submit several court filings in the coming days.
Several hundred of the nearly 2.1 million ballots cast by Maricopa County voters were audited Friday and Saturday. The volunteer counters are looking only at the race for U.S. President and the contest between Mark Kelly and then-Sen. Martha McSally.
For a short time Friday it looked like no audit activities would take place after Judge Christopher Coury of the Maricopa Superior Court agreed to issue a stay requested by the Arizona Democratic Party and Steve Gallardo, the only Democrat on Maricopa County’s five-member Board of Supervisors.
But the stay order was contingent on the plaintiffs posting a $1 million bond in the event they lost their case. AZ Dems chair Raquel Teran announced Friday afternoon that no bond would be posted, meaning the audit can continue unimpeded, for now.
Two other orders issued by Coury are currently in force: that the Senate and its contracted audit team comply with state law and that no blue or black pens can be on the floor of the Veterans Memorial Coliseum where the audit is being conducted.
Coury will be a key player in the audit this coming week, as he ordered the parties back to court Monday morning for an evidentiary hearing on the merits of the lawsuit. The judge set several deadlines for the attorneys, including an order for the audit’s written policies and procedures to be filed by the Senate and general contractor Cyber Ninjas on Sunday.
Teran and Gallardo -who says he joined the lawsuit in his personal capacity as a Maricopa County voter- must decide how far they want to push their allegations about the audit operations, given the fact Senate President Karen Fann and the other defendants have petitioned to the Arizona Supreme Court, which has also ordered a series of legal briefings in the case.
Fann and Sen. Warren Petersen of the Senate Judiciary Committee are named as defendants along with former Arizona Secretary of State Ken Bennett who is serving as the Senate’s audit liaison. The other defendant is Cyber Ninjas, the company Fann contracted with to conduct the audit with help from three subcontractor.
The Senate defendants are represented by Kory Langhofer and Thomas Bastille, who have been involved in several of the election-related lawsuits filed since Nov. 3. Florida-based Cyber Ninjas and its owner Doug Logan have retained Phoenix attorney Alex Kolodin as their Arizona legal counsel.
Another key player is Associate Justice Clink Bolick of the Arizona Supreme Court, who affirmed Coury’s earlier orders during an emergency conference Friday afternoon. Bolick set separate deadlines for the Senate’s challenge to the legality of the lawsuit, with all those filings needing to be in by the end of business April 29.
Participating in the emergency conference with the justice was attorneys for Arizona Secretary of State Katie Hobbs, who has pushed back on Fann’s previous assurances that the Senate’s audit would be “independent” and “transparent.”
Hobbs has pointed to Rep. Mark Finchem’s admitted role with the audit in light of his repeated insistence that President Joe Biden really did not win the popular vote in Arizona, and thus was not entitled to the state’s electoral votes. She also wrote to Attorney General Mark Brnovich with concerns that auditors may not be complying with Arizona’s Elections Procedures Manual (EPM).
For his part, Brnovich was the first prominent Republican to insist after the general election that there was no fraud involved in Biden’s victory. He replied to Hobbs on Friday, suggesting she notify his office when she has “credible facts and not conjecture or politics” for him to investigate.
Another player who could impact next week’s audit operations is First Amendment attorney David Bodney, who warned Fann and Bennett that the audit team’s current refusal to allow journalists to report on audit activities from the main floor of the Veterans Memorial Coliseum.
Bennett, as the audit liaison, is requiring media representatives to sign up for a six-hour shift as an observer. However, observers are prohibited from having cellphones or even pen and paper on the floor.
“Requiring journalists to become active participants in the events on which they seek to report is as unprecedented as it is untenable in a representative democracy,” Bodney wrote. “It also violates the First Amendment, which compels that members of the press be allowed access to report on these public proceedings. “
Bodney also warned that legal action could be forthcoming.
“By making the proceedings accessible to some journalists, you cannot arbitrarily deny access to others or require that others satisfy peculiar conditions not imposed upon those whom you favor,” he wrote. “In the event the audit proceeds while barring the press, we are committed to pursuing all legal remedies we deem appropriate to secure our clients’ rights under the First Amendment,” Bodney said
In a shocking twist to this year’s legislative session, a much debated election integrity bill that would cull the early voter list unexpectedly went onto life support Thursday when Republican Sen. Kelly Townsend voted against the bill.
Townsend initially cast the lone no vote of the Senate’s Republican caucus on SB1485, which would have died on a 15 to 15 vote. Her vote forced SB1485 sponsor Sen. Michelle Ugenti-Rita to vote against her own bill to preserve hopes of a future revote.
The bill which has the potential to remove about 207,000 voters from the permanent early voter list (PEVL) statewide for repeated non-use of the early ballots has been one of this session’s most talked about bills.
Ugenti-Rita and some other Republican legislators took part Monday in a press conference hosted by Heritage Action For America to push back on opponents who contend any changes to PEVL as acts of voter suppression. The bill then advanced out of the House on Wednesday and was assumed to be a sure bet when the Senate met Thursday for a final reading.
SB1485 sponsor Sen. Michelle Ugenti-Rita and some other Republican legislators took part Monday in a press conference hosted by Heritage Action For America to push back on opponents who contend any changes to PEVL as acts of voter suppression. The bill then advanced out of the House on Wednesday and was assumed to be a sure bet when the Senate met Thursday for a final reading.
Garrett Bess, Heritage Action’s vice president of government relations and communications, addressed the need to “safeguard against potential fraud, and save taxpayer dollars” by getting SB1485 to Gov. Doug Ducey’s desk. He said Townsend “shortsightedly” voted against the bill.
“Sen. Michelle Ugenti-Rita, the bill’s sponsor, and other legislators have been working tirelessly to pass a number of bills that would strengthen the integrity of Arizona’s elections and improve voter trust in the system,” Bess stated. “No conservative should oppose these bills.”
SB1485 was the second version of a PEVL cleanup bill sponsored by Ugenti-Rita, the chairman of the Senate’s Committee on Government. For her part, Townsend introduced 18 election bills which went nowhere due to Ugenti-Rita “killing all my bills,” Townsend said.
Ugenti-Rita, who has been mentioned as a possible candidate for Arizona Secretary of State, suggested Townsend killed SB1485 “in a show of spite and in a rage,” adding that it was “unfortunate to be on the receiving end of someone’s temper tantrum.”
After the Senate adjourned until Monday, Townsend took to Facebook and Twitter to address voting against SB1485 even though she supports the bill. She also took a more personal swipe at Ugenti-Rita,.
“Michelle Ugenti-Rita feels that this move is a temper tantrum because she killed all my election reform bills in her committee,” Townsend said. “She went so far as to say I need to ‘get over my jealousy.’ I am anything but jealous of Michelle Ugenti-Rita. She has been nothing but scandal ridden from the time I have known her.”
Townsend contends it was hard to watch Ugenti-Rita talk about election integrity during the recent press conference. “Nevertheless that is not why I voted no and they knew it. I explained my vote on the floor.”
Townsend insists she advised Republican caucus leadership of her plan to not vote for any election bills until the current Senate audit of Maricopa County’s 2020 General Election process is complete.
“I am supportive of the bill, but I informed leadership and the caucus that I was a no on election related bills because we are in the middle of an audit and there is talk of the Senate voting Sine Die in (two) weeks,” she wrote.
Sine Die is the process by which the legislature is formally adjourned for the session and consideration of any unfinished business is ended.
“Once we vote Sine Die and go home, we will not be able to fix any issues prior to the next primary election. I was serious when I said I would not vote on any election bills until after the audit. I was not taken seriously,” Townsend said.
Ugenti-Rita made a floor motion to reconsider SB1485’s final reading at to be determined date. Her motion carried, but Townsend doubled down late Thursday on waiting until the Senate’s audit is complete.
“Mark my words, and my actions, I will not bend,” she said. “This bill can be brought back for reconsideration and I will vote yes, however only after the results of the audit and all issues resolved with it.”
Earlier this session Townsend lectured her colleagues on the need to cast votes based on the merits of a bill instead of as retaliation for any perceived slights. It left many senators puzzled by her derisive vote and public comments.
“It makes zero sense and is only about ego…” Sen. TJ Shope tweeted.
An effort by the Arizona Legislature to craft permanent legislation to prevent a person from being denied access to businesses, government facilities, and even their child’s school unless they showed proof of being vaccination for COVID-19 was pushed aside Monday when Gov. Doug Ducey issued an executive order about the issue.
Under Executive Order 21-09, most private businesses in Arizona will be free to refuse service to “a customer” who does not provide proof of COVID-19 vaccination. Only companies which receive state funding to provide services to the public are banned from inquiring about someone’s status, although Ducey’s order does not protect those citizens who cannot receive a vaccine for a medical reason
“While we strongly recommend all Arizonans get the COVID-19 vaccine, it’s not mandated in our state — and it never will be,” Ducey said in announcing his latest COVID related executive order. “Vaccination is up to each individual, not the government.”
Daycares, schools, colleges, and universities would still be able to ask about a student’s vaccination record as already allowed by law, but parents could not be asked about their own vaccination status if the educational program receives any state funding.
In addition, hospitals and other healthcare facilities can inquire about the vaccination status of patients, prospective patients, vendors, visitors, and staff, even if the organization receives state funds.
There was initially some confusion Monday morning about what EO 2021-09 encompassed, as Ducey’s official Twitter account read “I’ve issued an Executive Order banning ‘vaccine passports’ and preventing state and local governments from requiring Arizonans to provide their #COVID19 vaccination status to receive service or enter an area.”
Many took the first sentence to mean businesses could not impose a vaccine requirement on customers. However, that misinterpretation was quickly corrected by the rest of the governor’s comments.
Ducey noted in the executive order that no person should be compelled to disclose their private health information -including their vaccination record- to a government entity as a condition of receiving services, obtaining a license or permit, or entrance to a public facility unless state law already requires proof of vaccination.
He added that federal and state laws allow individuals to refuse to be vaccinated, and that “it is not and will not be mandated in the State of Arizona.”
EO 2021-09 also prohibits any other state subdivision -including cities towns, counties, and state agencies- from adopting a policy or ordinance that contradicts the governor’s order. This ensures cities, towns, and counties cannot demand proof of vaccinations for people to use public parks and other public recreational and entertainment amenities.
Rep. Bret Roberts (R-LD11) first introduced legislation to ban such “vaccine passports” in Arizona. His effort was taken up by Sen. Kelly Townsend on March 28 in the form of HB2190, which would have protected Arizonans from having to divulge their vaccination record to shop, dine, or do most everyday activities.
HB2190 hit a snag in early April over concerns that it did not allow healthcare providers nor business owners to inquire about vaccination status of their employees. Negotiations have been underway all month on possible amendments to Townsend’s bill.
For his part, Roberts announced his support for EO 2021-09, noting Ducey’s “reasons for doing so are sound.” But he went on to note that many of those sounds reasons “also apply to the private sector.”
“No one should be required to give up their medical history to participate in commerce,” Roberts tweeted Monday morning. “When all businesses require it the individuals choice is lost. Allowing private business to do this amounts to segregation.”
Roberts also expressed concern that executive orders are intended to be temporary. After the governor’s announcement, Rep. Leo Biasiucci (R-LD4) said SB2190 should be voted on in the coming days as it “solves the issue with businesses requiring vaccine mandates.”
Also on Monday, Ducey rescinded a section of his EO 2020-51 which had directed K-12 schools to require masks.
“We will continue to work with public health professionals and Arizona’s schools as more students return to the classroom and our state moves forward,” the governor said.
The Arizona Department of Veterans’ Services has reported 16 resident deaths among its two State Veterans’ Homes as of March 14 and has corrective deficiencies which led federal regulators to cite both homes, according to a recently issued Arizona Auditor General performance report.
The audit required by the Joint Legislative Audit Committee provides state officials and lawmakers with detailed information about operational matters with the Veterans’ Homes which provide skilled nursing and rehabilitative care for geriatric and chronically ill veterans and their dependent or surviving spouses.
Currently the Department operates a 200-bed facility in Phoenix and a 120-bed facility in Tucson. In addition, construction is underway on two 80-bed homes in Flagstaff and Yuma which could be ready to admit residents in FY2022.
Among the issues auditors reviewed was compliance with state licensing and federal certification requirements. Both the Phoenix and Tucson homes were cited by federal regulators between 2017 and 2019 for health, safety, and quality-of-care deficiencies, but corrective action was taken in response, according to the April 12 report.
“The Phoenix Home was cited for more (Centers for Medicare & Medicaid Services) health deficiencies and the Tucson Home was cited for fewer CMS health deficiencies than State and national averages,” the report states.
For FY2020, the Homes took in about $40.4 million in revenues and had nearly $37.4 million in expenditures. State law requires the facilities to be financially self-sustaining, so the Department will rely on the Homes’ Trust Fund’s current $30.3 million balance to cover the initial operating costs of the new Veterans’ Homes in Flagstaff and Yuma once those facilities open.
The U.S. Department of Veterans Affairs (VA) provided 65 percent of the construction costs for the new homes.
The audit report also addresses the ongoing discussion about adding new Homes and other long-term care options for Arizona’s veterans, and where such facilities might be located. But auditors noted VA projects Arizona’s veteran population to decline significantly in the next 25 years.
“Arizona’s population of veterans age 65 years and older is projected to decline about 47 percent from approximately 255,000 veterans in 2020 to 136,000 veterans in 2045,” the report notes.
In addition, many veterans and their families are interested in shifting toward more cost-effective, home-based or community-based services rather than centralized nursing homes in large cities.
“Research on long-term care services we reviewed indicates that older people prefer home- and community-based services, including assisted living, more than nursing home care and that nursing home use is gradually declining in the country,” the report states. “The VA has also stated its goal is to keep veterans in their homes, if that is their desire.”
Challenges brought on by the COVID-19 pandemic were also addressed in the audit report, which notes that screening procedures, restricted visitor access, and routine staff testing were implemented at both homes, as were resident vaccination protocols.
In addition to the 16 resident deaths reported, 70 of the 190 residents across the two homes and 97 of 306 staff members were reported to the Arizona Department of Health Services as COVID-19 “cases” as of March 14.
The audit also found 159 residents across the two homes received at least one vaccination dose as of March 26, while only 190 of the 306 staff members had begun the vaccination regime.
