One of the Arizona Legislature’s election integrity measures cleared its first hurdle this week, putting it one step closer to a possible showdown with Governor Katie Hobbs’ office.
The bill, HB2305, which was sponsored by Representative Cory McGarr, deals with ballots, signature verification, and observers. It cleared the Arizona House Municipal Oversight & Elections Committee on Wednesday, February 1, with a party-line 6-4 vote. Representatives Harris, Heap, Jones, Smith, Kolodin, and Parker voted to pass the legislation out of the Republican-controlled committee.
According to the summary from the Arizona Legislature, HB2305 “requires the County Recorder and county officer in charge of elections to allow party representatives to observe each stage of the signature verification process for early ballots.” This appears to already be existing law in ARS 16-621 (“All proceedings at the counting center…shall be conducted in accordance with the approved instructions and procedures manual issued pursuant to section 16-452 under the observation of representatives of each political party and the public.”) as one member of the Arizona House pointed out to AZ Free News, but some legislators desire to make the law crystal clear to help improve the transparency and integrity of the election process and to ensure that all Arizona counties are following the law when it comes to signature verification.
The Arizona signature verification process has received a tremendous amount of scrutiny since the 2020 presidential election – especially due to the sheer number of early ballots returned prior to and on Election Day each cycle. Arizona county officials spend weeks and countless hours tabulating ballots returned through the mail or dropped off at designated sites up until 7pm on Election Night. Many of the late arrivals are counted in the days following Election Day, and signatures are supposed to be verified before any vote is officially tallied.
Signature verification was a large focus of former Arizona Attorney General Mark Brnovich’s investigation into the Maricopa County 2020 General Election and his subsequent interim report to former Senate President Karen Fann on April 6, 2022. The interim report found that “on November 4, 2020, the Maricopa County Recorder verified 206,648 early ballot affidavit signatures, which resulted in an average of 4.6 seconds per signature.” Brnovich’s report stated that “there are simply too many early ballots that must be verified in too limited a period of time, thus leaving the system vulnerable to error, fraud and oversight.”
Brnovich’s reported concluded that “because signature verification is the most important current check on early ballots, there must be opportunities for parties’ election observers to meaningfully observe the signature verification process in real time and to raise objections if officials are not doing their jobs to actually and accurately verify signatures.” He then called on the Arizona Legislature to act “to ensure transparency on this check.” Representative McGarr’s legislation may be an answer to that suggestion.
At last count of the legislation’s page on the Arizona Legislature’s website, there were 153 entries in support of HB2305 and only 25 against. The Arizona Secretary of State’s Office took a neutral position.
Daniel Stefanski is a reporter for AZ Free News. You can send him news tips using this link.
On New Year’s Day, Kari Lake asked the Arizona Supreme Court to take up her case challenging the 2022 midterm election. The request for special-action appellate review marks a final effort to prevent transition of power proceedings ahead of Governor-Elect Katie Hobbs’ inauguration on Thursday.
Lake’s team filed their appeal with the Arizona Court of Appeals last Wednesday, alleging that suppressed and illegal votes outnumbered Hobbs’ 17,100 lead. Lake is pushing for a new election.
“A new governor is scheduled to be seated under a cloud of electoral uncertainty and impropriety,” stated Lake.
The embattled GOP candidate’s team cited “extraordinary circumstances” as the reason for their request, characterizing the Election Day tabulator-printer fiasco as a “targeted attack” on voters as well as citing the upcoming swearing-in ceremony.
Lake’s appeal insisted that the court should distinguish the election content standards: namely, clear-and-convincing versus preponderance-of-evidence, the use of latches for the right to violate laws in future elections, and that unconstitutional elections would qualify as misconduct.
We would recommend this thread to anyone still pretending that what happened in November was a free & fair election.
The amount of evidence of intentional misconduct on Election Day and the weeks following is overwhelming.
Lake asserted that Maricopa County officials offered “changing and conflicting testimony” that they alleged was proof of intentional malfeasance on Election Day, including chain of custody violations and improper signature review for mail-in ballots. The appeal included a remark made by the county’s counsel, Thomas Liddy, in his closing argument.
“You reap what you sow,” said Liddy, in reference to Election Day voters.
The longer @katiehobbs is allowed to pretend she's governor, the more damage she does to our institutions.
Serious countries don't allow fundamentally unserious people to pretend that they are leaders.
Especially morally vacant and intellectually vapid ones like Hobbs.
Lake claimed that controversy over this most recent election jeopardizes the republic: a seeming counter to Democrats’ claim that scrutinizing elections jeopardizes democracy.
“A significant majority of voters no longer trust the outcomes of elections in Arizona. A functioning republic cannot exist for long in these circumstances,” read the appeal.
Polls support Lake’s claim concerning election distrust. Rasmussen Reports found that 72 percent of likely voters agreed with Lake’s claims that Election Day problems resulted in disenfranchisement, with 45 percent strongly agreeing.
Tufts University polling conducted the week after the midterm election discovered that distrust in elections correlated with age. Younger voters tended to trust the legitimacy of elections more greatly than older voters, especially concerning the 2020 election. Their polling also discovered that younger generations were far less likely to identify with one specific political party, but didn’t view Democrats as “too extreme” compared with older generations.
Although Hobbs’ team points to Monday as the inauguration day, the official ceremony remains on Thursday.
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.
