A southern Arizona elections official is facing a potential investigation over her jurisdiction’s execution of the recent November General Election.
On Monday, state Representatives Teresa Martinez and Rachel Jones sent a request to Arizona Attorney General Kris Mayes, asking her office to conduct an investigation “into the Pima County Recorder Gabriella Cazares-Kelly’s handling of the 2024 General Election.”
🚨State Representatives Teresa Martinez & Rachel Jones Request Attorney General Investigation Into Pima County Election Administration
“Election integrity is the foundation of our democracy, and voters deserve to know their elections are being administered fairly, lawfully, and… pic.twitter.com/BJFmLiloSK
The Republican lawmakers raised a number of issues stemming from the election in Pima County, including “shutting down of early ballot request portal, inmate voter registration program, [and] handling of undeliverable and returned ballots.”
“Election integrity is the foundation of our democracy, and voters deserve to know their elections are being administered fairly, lawfully, and transparently,” said Representative Martinez. “The numerous irregularities and lack of accountability from the Pima County Recorder’s Office demand a full investigation.”
“When nearly 4,000 voters face barriers to requesting a ballot, and when questions about unlawful voting and ballot processing are met with silence, it’s clear that immediate action is needed to restore public trust,” added Representative Jones.
In their letter to Mayes, the two legislators wrote, “Arizonans deserve free, fair, and transparent elections. In light of your recent decision to immediately investigate President-Elect Donald Trump over his speech (although you later determined his remarks were protected by the First Amendment), we hope you will agree that Recorder Cázares-Kelly’s alarming conduct administering the 2024 General Election warrants a thorough investigation.”
The Pima County Recorder appears to be a proud Democrat activist alongside her nonpartisan position as an election official. During this just-completed elections cycle, Cázares-Kelly posted a picture with Jane Fonda, and boasted about shaking former President Barack Obama’s hand at a political event.
Love this photo of me & goddess @Janefonda during her recent visit to Tucson w/ @janeclimatepac. She was making a joke out of the side of her mouth as I laughed in delight. She talked about her decades of enviro activism, even recalling getting arrested alongside @standwithraul! pic.twitter.com/MDWvOAplJC
Cázares-Kelly also shared a video of Mayes dancing at a political rally in October.
Lol. Arizona Attorney General Kris Mayes twirling away to @tigresdelnorte is exactly what I needed to see on my timeline as I inhaled my lunch finally.
The office of Pima County Recorder Gabriella Cázares-Kelly has become the center of the latest election controversy in Arizona. On October 19th, the county’s online portal to request vote-by-mail ballots was shut down when voting officials claimed the site was overwhelmed with the quantity of requests. The shutdown occurred a week prior to the Oct. 25th deadline.
According to the Tucson Sentinel, as an alternative, the county office posted a notice at the top of the disabled form page instructing voters to call-in to the office in order to request a mail-in ballot.
FOR IMMEDIATE RELEASE: Senator Wadsack Launches Investigation into Pima County Recorder's Office Following Apparent Elections Violations
Arizona Senator Justine Wadsack announced Wednesday that she is launching an investigation into the allegations against Cázares-Kelly’s office “following potential violations which may have suppressed thousands of Southern Arizona voters.”
“I was truly shocked to learn our County Recorder’s Office had done this,” Senator Wadsack said in a statement. “These actions are absolutely unacceptable, undermine the integrity of our elections, and raise serious questions regarding voter suppression. This has affected my current constituents and my community, and I want to make sure their votes are protected as well as votes for all candidates involved. I’m here to make sure there’s accountability for the laws that appear to have been broken. My message to voters is to get out today and vote in person to ensure your vote is not suppressed.”
In a letter of inquiry sent to the County Recorder, Wadsack wrote, “You certainly know that, under Arizona law, ‘an elector may make a verbal or signed request to the county recorder’ for an early ballot. Ariz. Rev. Stat. Ann. § 16-542(A) (emphasis added). Further, your office must mail voters the early ballot ‘within forty-eight hours after receipt of the request.’ Ariz. Rev. Stat. Ann. § 16-542(D). It appears clear that your office violated both requirements.”
Arizona Reps. Rachel Jones and Cory McGarr issued a similar inquiry on Oct. 24th to Cázares-Kelly following allegations that the Recorder’s office, on receipt of undeliverable ballots or those returned due to an outdated address, sent notice that the voters mailed ballot was “received,” creating confusion.
We’re still waiting for answers to the questions asked in our below letter. Received an email yesterday that says they’ll get us those answers asap.
Is asap going to conveniently be November 6th? Maybe never? Why is the Pima County Recorder’s office not already following the… pic.twitter.com/mAcmfUfhZP
Per the Sentinel, Cázares-Kelly’s office sent alerts to approximately 4,000 voters in a mass email to notify them that their requests for a mail-in-ballot were canceled and instructed them to contact the office by phone to request a ballot, citing Marion Chubon, chief deputy to the Pima County Recorder, who ordered the shutdown. Chubon told reporters that the office didn’t inform the press as they “didn’t think it was a story.”
Chubon, responding to the outlet, explained that although the state law requiring ballots be sent within 48 hours of a request (as referred to by Sen. Wadsack), “was a consideration, obviously, and we weren’t going to fulfill those requests in that time. So we chose the more effective option – bottom line, getting those people their ballots that they needed.” However, the state law doesn’t allow for the County Recorder to make such a determination and cast aside requests that have already been submitted.
Subsequently, over 3,000 phone calls were fielded by the office on Oct. 21st and some 1,858 new requests were processed. Between that Monday and Friday another 2,829 requests were handled to the tune of approximately one every four minutes. Chubon told the outlet that she was confident that most of the voters whose requests were thrown out had received one. However she noted that, “We can’t guarantee that every single person called us to get a ballot, but we’re pretty confident that the majority of those were second requests… and those who didn’t fit into that category may have had a hold on their record and wouldn’t have gotten a ballot.”
“We just didn’t think it was a story,” Chubon added. “We were literally just trying to meet our statutory obligations and serve the voters. Like I said, over the weekend, we were processing unprecedented amounts of ballots. We have staff working 12-hour days, seven days a week, including the recorder and myself. We’re all working every day. It was just, ‘Let’s get these people their ballots.’ That was our focus. We would never, intentionally, not try to alert the media.”
Pima County Recorder Gabriella Cázares-Kelly told reporters on Wednesday that it may be another week before they finish counting ballots.
County Recorder Gabriella Cazares-Kelly and Elections Director Constance Hargrove updated the media this afternoon on the ballots left to count in Pima County. 1/ pic.twitter.com/dAYUonHsm7
The county has over 159,700 ballots left to be counted.
That’s just 63 percent of their ballots counted, the lowest percentage out of all reported counties — even Maricopa County, which experienced widespread tabulation machine failures for around eight hours, most of Election Day.
When could Pima County finish counting ballots?
"The 14th or 15th, we should have the majority and just be looking at those last … ballots," @GabriellaCKelly tells reporters …
The delay follows several significant changes in the county’s election procedures.
Earlier this summer, Cázares-Kelly prohibited political party observers for the primary election. The county also introduced vote centers this election, rather than the traditional method of having votes cast based on precinct. The county halved their operations from 280 voting precinct locations to 129 vote centers.
More recently, Cázares-Kelly was involved in the Proposition 309 controversy with Maricopa County Recorder Stephen Richer. Prop 309 would tighten ID requirements for in-person and early voting, which Richer opposed. As Arizona Association of County Recorders (AACR) president, Richer issued a false public statement that all 15 county recorders supported an anti-Prop 309 statement. It was Cázares-Kelly’s idea to include the recorders’ names.
Richer used county resources to advance development of his anti-Prop 309 letter. He is facing a complaint filed with the Attorney General’s Office (AGO).
There’s approximately 619,000 uncounted ballots remaining. Track updates to ballot counting here. Track updates to all of the races here.
Corinne Murdock is a reporter for AZ Free News. Follow her latest on Twitter, or email tips to corinne@azfreenews.com.
