The Maricopa County Board of Supervisors (BOS) won’t comply with the Arizona Senate’s subpoena for election records. The Senate has attempted to get these records from the county for a month.
In a response letter issued to State Sen. Kelly Townsend (R-LD16), Government Committee chair, BOS Chair Bill Gates said that their staff and attorneys were too busy to respond by Townsend’s Wednesday deadline. Gates also insisted that Townsend’s subpoena wasn’t necessary.
“As you know, Maricopa County has made itself available to answer questions and provide information as requested, regardless if subpoenaed. It is not necessary for you to hand-deliver a letter or have a Senate President signed subpoena issued,” wrote Gates.
Townsend rejected Gate’s excuse, describing it as a “willful and criminal” obstruction.
“[They] claim [they have] “no time due to court proceedings” [but] that would not be happening if they had followed their own policies,” tweeted Townsend.
Maricopa Co Sups choose to ignore a legal Senate subpoena. Claim “no time due to court proceedings” that would not be happening if they had followed their own policies. This obstruction is willful and criminal. pic.twitter.com/A7lRAyIxK9
Townsend issued the subpoena on Tuesday as part of an ongoing investigation by her committee on potential mismanagement of this most recent election.
Townsend asked Gates to reconcile discrepancies between his Audit Reconciliation report and poll workers’ Precinct Ballot Reports. Gates’ report failed to reflect the poll workers’ disclosure that nearly 17,500 ballots appeared to lack a chain of custody from voting centers.
Townsend also asked Gates to explain why a combined 23,900 ballots were held overnight instead of immediate reception at the Maricopa County Tabulation and Election Center (MCTEC). She also requested delivery of the remaining Incoming Scan Receipts chain of custody documents, and the Goldenrod reports (Voting Location Event Forms) for every voting center.
Further, Townsend requested that Gates reconcile discrepancies between the Election Procedures Manual (EPM) and the county’s procedures pertaining to audit reconciliation and Official Ballot Reports (Precinct Ballot Reports). Gates was to also provide the Goldenrod reports and all communications between the audit manager, the Elections Director, and/or all judges and inspectors regarding the discrepancies.
Townsend also asked Gates to explain why some voting centers calculated Election Day tabulated ballots from memory cards, while others were counted at Central Count.
The senator also requested Gates explain the audit process when a Precinct Ballot Report is missing information like tabulated ballots, door 3 ballots, seals, or inspector and judge signatures; as well as explain how election boards at each voting center account for the provisional and voided ballots on their Official Ballot Report to complete EPM reconciliation requirements, since that wasn’t included in the Precinct Ballot Report fields.
Gates was also requested to explain why the county’s Precinct Ballot Report form wasn’t updated for the voting center model to include a count of control slips as a way to quantify voting center check-ins.
Today I served Chairman Bill Gates with another follow up subpoena in response to the material he has (in part) returned to me. Sen. Deputy Chief of Staff doesn’t want to post this on the official website so I will find another host for complete file & will update. pic.twitter.com/pIbCpFgKnd
In response to constituent complaints that Townsend should issue an arrest warrant for the board, Townsend explained repeatedly that committee chairs don’t have the power to issue warrants on their own.
“[A warrant] requires a vote of the body and a majority prevailing,” stated Townsend.
In response to the effort of some who don’t understand AZ law but are trying to play Atty nonetheless, no committee chair has the power to issue a warrant on their own. It requires a vote of the body and a majority prevailing. – Reposted at request of staff with redacted image. pic.twitter.com/iLIDBvNdSy
Townsend has attempted for about a month to receive complete election record data from Maricopa County.
I wish to report that I am in receipt of returns from Maricopa co sups, in part, for the subpoena I issued that was due yesterday. Unfortunately I am unable to make use of the first set of data regarding which locations had issues with their printers due to no addresses attached.
Maricopa County dropped the ball. They botched the election, and there is simply no way for politicians to gaslight their way out of it. After years of fearmongering from the media and the left that election integrity measures would suppress and disenfranchise voters, it turns out no one suppresses and disenfranchises voters quite like politicians and bureaucrats in Maricopa County.
Rather than taking accountability for their failures, they have rubbed their incompetence in the faces of frustrated voters, smugly downplaying their failure and patting themselves on the back, asserting that they made a “remarkable effort.”
All eyes were on this election. Everyone knew it would be contentious, that key races would be close, and that record levels of Republican voters would show up to vote in-person on election day. Given this, one would think election officials would go above and beyond to ensure every minute detail was ironed out so that the election process was beyond reproach.
Instead, within minutes of polls opening at 6 am, reports were coming in that tabulators were not accepting ballots…
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.
Maricopa County’s vote tabulators were intermittently malfunctioning on Election Day, prompting voter concern that ballots won’t be counted properly or at all.
The problem lasted well into the afternoon, around 8 hours, until the county said it believed it had found the cause of these mass failure: faulty printer settings. The county said it did test-run the machines ahead of the election. They assured voters that they would send technicians to the vote centers to fix the printer settings.
BREAKING: Maricopa County says that they have “identified the solution” for tabulator issues.
“County technicians have changed the printer settings, which seems to have resolved this issue.” pic.twitter.com/QvA3UCrEqQ
As of noon on Election Day, Maricopa County Board of Supervisors Chairman Bill Gates reported to KTAR that 60 vote centers were hit with tabulator and printer problems out of the 223 centers across the county. Each vote center has two tabulators.
Moments ago: @GaydosAndChad spoke to Maricopa County Board of Supervisors Chairman Bill Gates and @GaydosKTAR had a back and forth with him about some of the tabulation machines not working properly. pic.twitter.com/WcYXn3cpQj
The elections department advised voters to cast their ballots into a slot on the machine below the tabulator, where it would be stored until it could be counted manually at a later time.
— Maricopa County Elections Department (@MaricopaVote) November 8, 2022
We collected some testimonies of voters who say they experienced these malfunctioning tabulators. This is not an all-inclusive list, and results are quickly changing:
Anthem:
7:30 am – long lines caused by tabulators malfunctioning.
7:30 am – Cave Creek Town Hall tabulators were reportedly rejecting ballots.
8:30 am – Black Mountain Baptist Church and Cave Creek Town Hall locations were turning away voters.
9 am – Laestadian Lutheran Church reported that they had no equipment issues.
9:30 am – Poll workers informed voters that the tabulator issue had to do with how ballots are printed, and that only 1 in 5 ballots were accepted earlier in the day.
Gilbert:
8 am – Valor Christian Center voter said one machine wouldn’t accept ballots.
9:30 am – Trilogy Power Ranchexperienced no problems.
Goodyear:
8 am – Compass Church voter reported that her location had printing issues, prompting her to leave without her ballot scanned.
Mesa:
9 am – Love of Christ Lutheran Church voter and Turning Point Action activist reported that only 1 in 15 ballots were read by the tabulators. One woman reportedly waited two hours until her ballot was read properly, while the husband had to spoil his ballot after seven failed attempts.
10:15 am – Mesa Court House reported no issues, per our sources.
Peoria
2 pm – Journey Church voters reported their machines down.
2 pm – Arrowhead Country Club voters reported their machines down.
Phoenix
6 am – Burton Barr Librarybecame a ballot drop off site due to tabulation machine issues. An hour later, their check-in stations became operational.
Scottsdale
9:30 am – Unspecified location, voter had to run ballot through tabulator five times before it was read.
10:40 am – North Scottsdale United Methodist Church machines down, some left without votes counted while there.
Surprise
8 am – Asante Library voter reported their machines rejecting 90 percent of ballots.
Maricopa County Recorder Stephen Richer reported at 7:30 am Tuesday morning that over 23,000 people voted in person.
Voters casting ballots at polling places experiencing tabulator issues have three options: stay to wait out the tabulators, drop their ballot in the tabulator slot for manual processing, or go to a nearby vote center.
If you’re at a polling place experiencing an issue with a tabulator, you have three options & your vote will be counted in each. 1) stay where you are and wait for tabulator to come online 2) drop your ballot in the secure slot (door 3) on tabulator 3) go to a nearby vote center
Secretary of State and Democratic gubernatorial candidate Katie Hobbs reassured voters that ballots deposited in drop boxes would be tabulated manually.
Maricopa Voters: Any ballots deposited in the secure ballot box will be tabulated at central count under the observation of political parties. All eligible ballots will be tabulated. Find a vote center near you at https://t.co/hMClh8UaNW! https://t.co/nPInqxmi35pic.twitter.com/6miQqyfdnU
— Stephen Richer—Maricopa Cnty Recorder (prsnl acct) (@stephen_richer) November 8, 2022
Ahead of Election Day, the Department of Justice (DOJ) deployed its Civil Rights Division forces to monitor polling places in Maricopa, Navajo, Pima, Pinal, and Yavapai counties on Tuesday to ensure no voting rights were violated.
Arizona wasn’t the only state to experience issues with voting machines. Voters in Texas, such as Bell County, reported that the machines wouldn’t allow people to vote at all.
Monday’s scheduled Senate committee meeting to look into requested Maricopa County records from the 2020 election was canceled after the county’s Board of Supervisors complied with Attorney General Mark Brnovich’s subpoena, following State Senator Kelly Townsend’s (R-Mesa) pushes to have them to respond to her records requests echoing those made in Brnovich’s subpoena. Townsend’s efforts were to assert the will of Arizonans, she said in a press release, noting that she took action when the supervisors didn’t comply with Brnovich’s requests at the beginning of this month.
“I am pleased to report that Maricopa County has complied with the legislative subpoena commanding fulfillment of the Attorney General’s request dated March 9, 2022. The Government Committee scheduled for later today is therefore no longer necessary, as its intended objective has been achieved. The County’s acknowledgement of its duty to timely account for election administration activity is a laudable victory in our pursuit of accountability to Arizona voters,” wrote Townsend. “While the Maricopa County Chairman defends the delay in their response to the Attorney General with indeterminate case law and timelines set by courts, our subpoena conveyed the will of Arizonans, from the branch most representative of the statewide electorate, that the County make election integrity requests a top priority, rather than place them in a public records queue.”
However, Townsend noted that her job wasn’t done. She promised that she and a number of unnamed colleagues would ensure that Maricopa County officials carried out their compliance to the end.
“While I am encouraged by Maricopa County’s evolving attitude towards transparency and compliance, I will be closely following the Attorney General’s ongoing investigation and will be following up with additional inquiries to answer further questions I have as Government Committee Chairman,” stated Townsend. “I stand with my colleagues as we remain committed to engage again when it is necessary for the Legislature’s plenary authority over statewide elections to be exercised.”
Townsend issued her subpoena last Monday. In response, Maricopa County Board of Supervisors Chairman Bill Gates claimed it wasn’t necessary to show up to Monday’s scheduled hearing because they already submitted requested records to Brnovich. Gates added that Townsend may not have authority to subpoena their board without permission of Senate President Karen Fann (R-Prescott).
Townsend responded by citing Arizona code, which allows committee chairmen to subpoena individuals.
As an educational opportunity, @billgatesaz remarks that I did not get permission from the Senate President, however may we all learn statute and see that A.R.S. 41–1151 allows for any Chairman to issue a subpoena w/o permission. A.R.S. 41–1153 requires that it be complied with. pic.twitter.com/gjnpktAHdZ
Gates reasserted to KJZZ several days after Townsend’s remarks that the board wouldn’t respond. Instead, the county’s attorney, Ed Novak, was slated to appear at the meeting.
Corinne Murdock is a reporter for AZ Free News. Follow her latest on Twitter, or email tips to corinne@azfreenews.com.
