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 Maricopa County Board of Supervisors (BOS) meeting on Wednesday included over an hour of public comment on Election Day issues. The majority of the public who spoke expressed frustration over the county’s handling of the election. BOS Chairman Bill Gates asked the crowd repeatedly not to clap, cheer, or issue commentary.
The main takeaway from several commenters and the BOS was that voters dissatisfied with current election processes needed to petition their legislators to change election law.
Several individuals thanked the BOS for their handling of the election. Among them was Ann Wallach, former Maricopa County Democratic Party Chair. Wallach said she doesn’t believe widespread voting suppression or election fraud are occurring. Wallach suggested that those dissatisfied with elections processes petition their legislators. Wallach said that mail-in voting doesn’t increase fraud, prompting angry cries from the audience.
“If there are people that are unhappy with our present system, I suggest that they take a look at the legislature and see if there’s action taken there that they don’t like,” said Wallach. “We’re all Americans and I think we all want to win fair and square.”
Several poll workers questioned election processes. One poll worker said the election needs to be nullified because of all the problems she witnessed. Another poll worker claimed that her location had 200 more ballots than voters that had checked in, located in Box 3 storage — where Election Day voters dropped ballots the tabulators failed to read. That same poll worker also claimed that the 17,000 voters affected by Election Day tabulation failures was a low estimate.
Another citizen expressed concern about the impartiality of the county officials, considering that Gates and Recorder Stephen Richer supported a PAC to defeat Trump-backed candidates.
“It’s not just a conflict of interest, it’s a specific agenda and a pre-bias going into it, so at the very least you should’ve recused yourself from any part of this election having opened that in 2021,” stated the woman.
Multiple citizens also expressed frustration with how they felt the officials brushed off the Election Day issues.
Martín Quezada, who lost in the treasurer’s race to Republican incumbent Kimberly Yee, thanked the BOS for their administration of last week’s election.
One voter proposed that the county have a runoff to provide a remedy for those who were prevented from voting due to mass tabulator failures and delays. He also questioned why Gates promised 99 percent of votes would be counted by last Friday, then announced on Thursday that the goalposts had shifted.
— Maricopa County Elections Department (@MaricopaVote) November 16, 2022
BOS Supervisor Steve Gallardo defended the county’s handling of the election, commending the workers. Gallardo added that the voters expressed valid concerns but indicated that these weren’t pervasive. However, he said nullification of an election has no legal pathway under current law.
“Our election system is safe, secure, and accurate,” stated Gallardo.
BOS Supervisor Thomas Galvin thanked the poll workers for sharing issues they’d experienced. Galvin said that the state legislature had been “sitting on their butt” when it comes to establishing election law, hence why it takes so long to count the votes.
“We’re all very disappointed in what happened and we want to make sure it doesn’t happen again,” said Galvin.
Vice Chairman Clint Hickman added that Arizona couldn’t count more quickly like Florida because this state’s laws are different. Hickman told the citizens he was grateful that they behaved better than some anticipated.
“There were certain people and groups that want us to believe that you will come and act up and be ungracious and unhumble. That is pathetic, but we were girded for that,” said Hickman. “I want to thank you guys for coming here and speaking your voice.”
Gates said that their conduction of elections only took 8 days rather than the historical average of 12 days. Gates said he was disappointed that the audience kept interrupting him.
“It’s important people know the facts,” said Gates.
Gates promised they would publish a canvass of the votes soon.
Watch the BOS meeting here:
Corinne Murdock is a reporter for AZ Free News. Follow her latest on Twitter, or email tips to corinne@azfreenews.com.
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.
Maricopa County officials admitted that they deleted election files from equipment after purportedly archiving them prior to fulfilling the Arizona Senate’s subpoena for that equipment. Chairman Jack Sellers and Vice Chairman Bill Gates made this admission during the House Oversight Committee hearing on the Cyber Ninjas-led audit on Thursday. The supervisors’ main defense for deleting the records had to do with freeing space for future election files – but Congressman Andy Biggs (R-AZ-05) pointed out that files from prior elections were on the equipment obtained by the subpoena.
Biggs’ line of questioning prompted the admission from Gates and Sellers. He first asked the Arizona Senate’s liaison to the election audit, Ken Bennett, if it was standard practice to delete files off a server after an election. Bennett said he “hoped not.” Gates initially attempted to characterize the deletion as mere maintenance.
“I would say that it is appropriate to maintain files, and that’s exactly what we did,” said Gates. “The deleted files had been discussed. They were archived.”
When Biggs asked Gates to clarify if those “maintain[ed]” files were deleted off servers after the election, Sellers nodded and added that the files were “archived.” Biggs then asked whether the Arizona Senate was given the archives as part of the subpoena.
“When you released these servers and this information to the auditors to begin with, they didn’t have access to those archives at first – is that fair to say?” asked Biggs.
“They did not subpoena those, that’s correct,” responded Gates.
Gates’ response prompted laughter from Biggs.
“Okay, so – you didn’t feel obligated to turn [the archives] over then, to them?” asked Biggs.
“We responded to the subpoena,” repeated Gates.
At that point, Bennett stated that it was “laughable” that the county essentially created a loophole in the subpoena by archiving files from the materials explicitly subpoenaed.
“I find it frankly laughable to suggest that a county in response to a subpoena could say ‘We will delete files from the hard drives and materials that we give to the auditors because we have those files archived on data that we did not give to the auditors when the subpoena said give all those records to the election,’” responded Bennett.
Maricopa County’s Twitter account stated that deleting files that have been archived is a standard practice after all elections. Biggs asked Gates to confirm this. Neither Gates or Sellers said they could confirm immediately.
“I just know that because there is limited space on these servers, when you have to run that election, you have to make room for the additional election data,” said Sellers. “I do think it’s important [to note] that our recorder will be answering every question in a timely fashion.”
“That’s the same recorder that campaigned that [previous county recorder] Adrian Fontes was incompetent and called him a criminal, and he’s the guy that was running the 2020 election – and you actually hired someone to oversee Mr. Fontes. Because you guys didn’t trust Mr. Fontes as well – is that the same Stephen Richer?” asked Biggs.
Sellers said he disagreed with Biggs’ characterization.
Corinne Murdock is a reporter for AZ Free News. Follow her latest on Twitter, or email tips to corinne@azfreenews.com.
