Over the weekend, the Arizona Attorney General’s Office advised Maricopa County that it may have violated election law.
According to the attorney general’s office, their Elections Integrity Unit (EIU) received hundreds of substantive complaints concerning Maricopa County’s handling of the election. Assistant Attorney General Jennifer Wright asked the Maricopa County Attorney’s Office to explain the faulty printer settings, issuance of unlawful information regarding voting “check-out” procedures, and the unlawful mixing of “Door 3” non-tabulated with tabulated ballots by next Monday. At least 17,000 voters across 60 voting locations were impacted by Election Day tabulation issues.
“Arizonans deserve a full report and accounting of the myriad problems that occurred in relation to Maricopa County’s administration of the 2022 General Election,” stated Wright.
According to sworn complaints received by the EIU, printer settings were fine during testing the day before Election Day. Wright asked the county to provide the attorney general’s office with a comprehensive report detailing the voting locations that experienced printer or tabulation issues, the specific issues experienced by each voting location, all issues related to the printers and tabulators that contributed to voting location problems, a log of all changes to the printer settings that includes the identification of the individuals who made the changes, the county’s standards for printer settings, the exact time when the county discovered printer settings were the cause of the widespread vote center failures, and the methods used to remedy the printer settings at each voting location.
Maricopa County Board of Supervisors Chairman Bill Gates said that the long lines caused by the malfunctioning tabulators weren’t indicative of voter suppression. Rather, Gates said that the long lines were caused by voters’ resistance to dropping off their ballots in “Door 3” slots when the tabulators failed. Gates alluded that Republican Party leadership was to blame for voter aversion to casting a Door 3 ballot.
Gates: “When we had this issue on Election Day, we had a Plan B in place. A Plan B we always have in place.” In fact, it wasn’t too many years ago there were no tabulators at @maricopavote sites and all ballots were placed in a secure slot & tabulated at MCTEC. 2/2 pic.twitter.com/fOWgfXrOyK
As the attorney general’s office noted in their letter to the county, Door 3 non-tabulated ballots were unlawfully mixed with tabulated ballots at some voting locations. According to the EIU, at least one election observer witnessed more than 1,700 Door 3 non-tabulated ballots placed in black duffle bags intended to hold tabulated ballots only.
The attorney general’s office added that the law requires the county to reconcile ballots cast against check-ins at voting locations — not at central count. Wright asked the county to provide a statement clarifying whether reconciliation occurred at the voting locations or at central count.
Confusion over whether the county reconciled ballots at voting locations prior to central count likely occurred due to statements by officials. The county made no mention of the reconciliation process when advising voters what happens to Door 3 ballots.
In a later apology to voters, Maricopa County Recorder Stephen Richer said that Door 3 ballots were retrieved by election workers at the end of the day and brought to central count. Again, Richer issued this statement without any mention of reconciliation.
— Stephen Richer—Maricopa Cnty Recorder (prsnl acct) (@stephen_richer) November 8, 2022
Additionally, the attorney general’s office contradicted the county’s assertion that voters could cast a valid ballot after checking into another voting location.
The attorney general’s office asserted that poll workers weren’t trained on executing “check out” procedures — further contradicting county officials’ claims that this was a viable option for voters who desired to cast their ballot at another voting location after checking in to one. EIU reports reflected that voters were required to cast a provisional ballot at the secondary location since “check out” procedures weren’t possible.
The attorney general’s office contended that state law prohibits provisional ballots from being counted when a voter checks in at multiple pollbooks.
Voters who have already checked in, but want to cast a ballot at another site must first check out with a poll worker at the SiteBook to return the issued ballot. After checking out, the voter will be able to vote at any of our locations. Find them at https://t.co/8YEmXceI5Thttps://t.co/PwmguayIsu
— Maricopa County Elections Department (@MaricopaVote) November 8, 2022
The attorney general’s office asked the county to issue a report detailing when and how poll workers were trained in “check out” procedures, the legal basis for “check out” procedures, why the county continued to encourage voters to leave voting locations despite EIU notification that “check out” procedure training wasn’t proper, and all voters provided a provisional ballot due to multiple pollbook check-ins.
The county announced on Sunday that its tabulation efforts are nearly complete. Following this, all 15 counties will complete a canvass of the votes.
The Arizona Attorney General’s Office (AGO) has been reached an agreement to provide $400,000 to fund a new radio dispatch system for the Colorado City Police Department in an effort to improve emergency response times along the Arizona / Utah border.
Earlier this year, the Arizona State Legislature appropriated the funds to the AGO via House Bill 2862 for the express purpose of identifying ways to replace the outdated communication system relied on by police, fire, and EMS personnel in Colorado City, its sister city of Hildale, Utah, and surrounding areas of Mohave County.
“Every second counts during an emergency, so law enforcement requires efficient communication technology,” said Arizona Attorney General Mark Brnovich. “Our office is pleased to work with Colorado City’s police department to help ensure that its officers have the equipment needed to provide the fastest response times for residents of Northern Arizona.” Rep. Regina Cobb (R-Kingman) chaired the House Appropriations Committee which earmarked the funds. It was then up to Brnovich’s staff to work with Colorado City Police Chief Robb Radley to ensure the money is spent as intended no later than June 30, 2023.
“Reliable radio communications are critical to ensure an effective and timely response in emergency situations, especially in rural communities,” said Representative Regina Cobb, Chairwoman of the House Appropriations Committee. “I’ve been proud to work with Arizona Attorney General Mark Brnovich and his office to help secure this important public safety funding for the Colorado City Police Department.”
Among the provisions of the agreement is that the new radio system must meet at least minimum industry standards. Copies of all quotes, bid proposals, purchase orders, invoices, and receipts must be submitted to the AGO within 30 days of purchase and any excess funds not expended by the deadline must be returned to the AGO.
Radley took over the beleaguered department in August 2019 despite the fact a 2017 federal court order was in effect related to years of corruption, illegal conduct by some officers, and discriminatory services toward non-members of the Fundamentalist LDS Church. The agreement signed earlier this month by Radley signals a major step in his continuing efforts to improve emergency response services to the community.
“The Colorado City Police Department’s police, fire, and EMS communications center are extremely grateful to the State of Arizona, Representative Regina Cobb, the Attorney General’s Office, and Attorney General Mark Brnovich for the opportunity to further upgrade the center with modern radio communications,” said Radley. “The radio system will ensure first responders have the best opportunity to provide the highest quality of services possible for the residents and visitors of Northern Arizona.”
On Monday, a woman who voted for her dead mother during the 2020 election was sentenced to three years of supervised probation. The sentencing was consistent with other recent convictions of voter fraud this year.
The woman, 56-year-old Krista Michelle Conner of Cochise County, had her voter registration revoked, must pay $890 in fines, and serve 100 hours of community service. Conner submitted the ballot mailed to her mother, Caroline Jeanne Sullivan, who’d died one month before. That crime qualifies as a class 6 felony.
Cochise County Recorder David Stevens told the Arizona Daily Independent that the ballot wasn’t counted because Sullivan’s death was updated in the voter registration system prior to the ballot’s arrival.
The Arizona Attorney General’s Office Election Integrity Unit (EIU) handled Conner’s case. The EIU was formed in 2019, and formed an online complaint form in the summer of 2020.
Other recent convictions of voter fraud this year include 70-year-old Marcia Johnson of Lake Havasu City, sentenced to one year probation for casting her dead father’s ballot in the 2018 election; 62-year-old Joseph John Marak of Surprise, sentenced to 30 months of supervised probation for voting as a felon six times since 2016; and 64-year-old Tracey Kay McKee of Scottsdale, sentenced to two years’ probation for voting for her dead mother in the 2020 election.
As AZ Free News reported earlier this month, an election integrity nonprofit recommended that the state clean up its voter rolls and cease no-excuse mail-in ballots to prevent further cases of fraud. Governor Doug Ducey vetoed a bill purging non-citizens and non-Arizonans from voter rolls.
Earlier this year, the Arizona Republican Party sued Secretary of State Katie Hobbs and county recorders to challenge mailed ballots. A Mohave County judge ruled on Monday that no-excuse mail-in voting doesn’t violate the Arizona Constitution.
Corinne Murdock is a reporter for AZ Free News. Follow her latest on Twitter, or email tips to corinne@azfreenews.com.
Criticism continues to grow against a sweeping new federal mandate supported by the Biden Administration which requires private employers of 100 or more employees to develop and enforce a mandatory COVID-19 vaccination policy.
The mandate, outlined in a 490-page document, is referred to as an Emergency Temporary Standard (ETS). It establishes a Jan. 4, 2022 deadline for compliance, and requires employees of those companies to be vaccinated or be forced to wear a face covering at work while undergoing regular COVID-19 testing at the employee’s expense.
The Industrial Commission of Arizona (ICA) and the Arizona Attorney General’s Office are pushing back on the mandate which is estimated to cover more than 84 million employees, or about two-thirds of America’s private-sector workforce. OSHA estimates that about 23 million Americans will choose to undergo the vaccination to preserve their jobs.
On Thursday, the ICA issued a statement that Arizona businesses are not bound by OSHA’s mandate unless the commissioners vote to formally adopt a similar policy. Arizona is one of 22 states previously granted federal approval to operate a state plan to address issues typically under the purview of OSHA.
Then on Friday morning, Arizona was one of 11 state plaintiffs in a federal lawsuit filed in the U.S. Eighth Circuit Court of Appeals against President Joe Biden and OSHA to stop the COVID-19 ETS. The petition contends the vaccination mandate “is unconstitutional, unlawful, and unwise” and an attempt to infringe on the States’ powers expressly reserved by the Tenth Amendment.
In addition to Arizona, the attorneys general from Alaska, Arkansas, Iowa, Missouri, Montana, Nebraska, New Hampshire, North Dakota, South Dakota, and Wyoming are plaintiffs.
Also on Friday, State Rep. Steve Kaiser criticized the White House’s support of the workplace vaccine mandate, calling it “an onerous and overreaching policy that will hurt businesses and the people who they employ.”
Kaiser, a Republican who represents LD15 covering north Phoenix and Cave Creek, owns Junk King, a Phoenix area franchise providing removal and hauling services.
“As a small business owner, it’s clear to me that Biden’s policy would force employees to choose between being vaccinated against their will, completing weekly COVID-19 testing (at their own expense), or losing their jobs. That’s wrong,” he said. “It’s more critical than ever that Arizona defend businesses and their employees and ensure their ability to continue making decisions for themselves – instead of liberal politicians in Washington.”
According to Kaiser, state officials are doing the right thing by trying to protect Arizonans who would be harmed by implementation of what he calls a “terrible” mandate. He supports ICA’s position that Arizona -and not OSHA- has had the exclusive responsibility for nearly 50 years for developing and enforcing any occupational safety and health standards within the state.
“Under Arizona’s long-approved state-plan procedures, the Industrial Commission has exclusive authority to decide if, when, and to what extent the State of Arizona will adopt the OSHA vaccination ETS,” the ICA statement reads. “Arizona has a 47-year track record of protecting the safety and health of Arizona’s workers and remains fully committed to this mission.”
The ETS requires employers to determine the vaccination status of each employee, obtain acceptable proof of vaccination, maintain records of each employee’s vaccination status, and maintain a roster of each employee’s vaccination status. It also requires employers to provide employees with a variety of information and literature about COVID-19 and to provide an employee “reasonable time and paid sick leave to recover from side effects experienced following each dose.”
In addition, employers are now mandated to report work-related COVID-19 fatalities to OSHA within 8 hours of learning about them, and work-related COVID-19 in-patient hospitalizations within 24 hours of the employer learning about the hospitalization.
For now, OSHA officials are less confident that smaller employers can implement a mandatory vaccination policy “without undue disruption.” But it appears those smaller businesses could be facing a similar mandate in the future.
“OSHA needs additional time to assess the capacity of smaller employers, and is seeking comment to help the agency make that determination,” it says.
On Thursday, the Arizona Attorney General’s Office filed a lawsuit against the federal government in an effort to challenge the Tax Mandate portion of the American Rescue Plan Act.
The Act threatens to penalize states by withholding federal COVID-19 relief funding if they lower taxes in any fashion, according to the Attorney General’s Office (AGO).
Thee state argues that the Tax Mandate of the Act is unconstitutional and threatens its sovereignty.
In the lawsuit filed in the U.S. District Court of Arizona, the AGO argues the Tax Mandate is ambiguous and the Treasury has failed to provide Arizona with the proper assurances that states can continue to craft their own tax policies and budgets without fear of federal encroachment, even if those policies are unrelated to relief funds.
Arizona is asking the court to provide both declaratory and injunctive relief.
The Tax Mandate of the Act forbids states from using the relief funds to “directly or indirectly offset a reduction in… net tax revenues.”
The AGO also argues the Tax Mandate represents an “unprecedented intrusion on the separate sovereignty of the States through federal overreach. The Tax Mandate undermines democratic accountability by empowering current governors in ways that violate separation of powers. Because the Act funds are available until 2024, a single governor could bind both the state legislature and a successor governor from providing any tax relief in the future. This would be a clear intrusion by Congress upon the democratic structures of the States.”
