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.
On Monday, the Democratic candidate in the Maricopa County Attorney’s race, Julie Gunnigle, conceded.
Gunnigle’s opponent, incumbent Republican Rachel Mitchell, earned 52 percent of the vote to Gunnigle’s 48 percent. In a statement, Gunnigle said that Maricopa County deserved better than Mitchell.
“This isn’t the result we were hoping for because what it means is a continuation of the legacy of corruption within the Maricopa County Attorney’s Office,” wrote Gunnigle. “The change we need won’t happen this year, but we aren’t deterred. We vow to keep our eye on this office and, along with the community, continue to demand better for all of Maricopa County.”
Mitchell’s victory statement focused on thanking the voters and the staff of her office.
“Public safety isn’t partisan. All Arizonans demand safe communities in which to live, work, and raise their children,” stated Mitchell. “I will continue working with law enforcement and community leaders to hold criminals accountable, increase the use of treatment to rehabilitate where appropriate, deliver justice for victims, and put the safety of Maricopa County residents first.”
Thank you, Maricopa County!
As a lifelong Arizonan who has dedicated my career to the safety of our neighborhoods and families, I am deeply honored this community has overwhelmingly shown its support and trust in my leadership of the Maricopa County Attorney’s Office. 1/
— County Attorney Rachel Mitchell (@Rachel1Mitchell) November 14, 2022
National attention was fixed on the race, mainly for the fact that the county is the fourth-largest in the nation and had the potential to be led by another George Soros-backed prosecutor.
As AZ Free News reported in August, Gunnigle received over $6,500 from Way to Lead Arizona — a political action committee (PAC) funded primarily by its national counterpart, Way to Lead PAC. That PAC received millions from Soros, his family, or the organizations he’s either founded or funded. Gunnigle denied benefiting from Soros funding in May.
This marks Gunnigle’s third campaign loss: she lost in the 2020 general election for Maricopa County Attorney and lost in the 2018 general election for the State House. Gunnigle first began running for office as her former employer, Arizona Summit Law School, faced accreditation troubles.
Although Gunnigle no longer serves as the shuttered law school’s Dean of Students, she continues to receive support from them.
Gunnigle received thousands in funding from an attorney for Arizona Summit Law School. The donor, Donalyn Mikles, listed her employment as the law school’s attorney. Mikles was one of Democratic gubernatorial candidate Katie Hobbs’ top ten donors, after Jennifer Allan-Soros and Planned Parenthood. In all, Mikles has donated over $476,000 to Democratic candidates and political organizations in Arizona and $450,000 to Democratic candidates nationwide
Gunnigle’s loss comes after indications that Democrats appeared to be distancing themselves from her. As AZ Free News reported earlier this month, former minority leader for the state legislature and Democratic consultant Chad Campbell said that Gunnigle’s campaign resembled that of failed 2018 gubernatorial candidate David Garcia. Campbell called Garcia’s campaign the “worst campaign” to have occurred over the last 30 years.
Corinne Murdock is a reporter for AZ Free News. Follow her latest on Twitter, or email tips to corinne@azfreenews.com.
The most highly-contested races tightened overnight after Election Day votes were counted, leaving a substantial number of early ballots left to process.
In eight of these 13 races, Democrats lead Republicans. Total ballots processed numbered over 1.8 million, or 44 percent of total registered voters (over 4.1 million). Voter turnout in the 2018 midterms was over 2.4 million ballots cast (nearly 65 percent of the 3.7 million total registered voters).
In the Senate race, incumbent Democrat Mark Kelly leads Republican Blake Masters by nearly 90,000 votes, 51 to 46 percent.
In the gubernatorial race, Democrat Katie Hobbs leads Republican Kari Lake by over 11,700 votes, 50 to 49 percent.
In the secretary of state race, Democrat Adrian Fontes leads Republican Mark Finchem by over 84,500 votes, 52 to 47 percent.
In the attorney general race, Democrat Kris Mayes leads Republican Abraham Hamadeh by 4,000 votes, both sharing about 50 percent.
In the state treasurer race, incumbent Republican Kimberly Yee leads Democrat Martín Quezada by 201,200 votes, 55 to 44 percent.
In the superintendent race, Republican Tom Horne leads incumbent Democrat Kathy Hoffman by nearly 7,700 votes, both sharing about 50 percent.
In the first congressional district, Democrat Jevin Hodge leads incumbent Republican David Schweikert by 4,400 votes, 51 to 49 percent.
In the second congressional district, Republican Eli Crane leads incumbent Democrat Tom O’Halleran by 18,700 votes, 53 percent to 46 percent.
In the third congressional district, incumbent Democrat Ruben Gallego leads Republican Jeff Nelson Zink by 47,300 votes, 76 to 24 percent.
In the fourth congressional district, incumbent Democrat Greg Stanton leads Republican Kelly Kooper by 24,400 votes, 57 percent to 43 percent.
In the fifth congressional district, incumbent Republican Andy Biggs leads by 38,200 votes, 56 to 38 percent.
In the sixth congressional district, Republican Juan Ciscomani leads Democrat Kirsten Engel by 2,400 votes, 50 to 49 percent.
In the seventh congressional district, incumbent Democrat Raúl Grijalva leads Republican Luis Pozzolo by nearly 34,000 votes, 64 to 36 percent.
Incumbents Debbie Lesko (R-AZ-08) and Paul Gosar (R-AZ-09) were unchallenged.
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.
Democrats appear to be distancing themselves from Democratic Maricopa County Attorney candidate Julie Gunnigle in order to secure wins for themselves and other members of their party.
The latest indication of this comes from footage shared with AZ Free News in which Chad Campbell, former minority leader for the state legislature and Democratic consultant, said that Gunnigle’s campaign resembled the Democratic Party’s “worst campaign” over the last 30 years in Arizona. Campbell was referring to failed 2018 gubernatorial candidate David Garcia.
“[Gunnigle’s campaign] reminds me of that: not knowing the audience, not knowing the issues that matter to a lot of voters,” stated Campbell. “And I will say this: the vast majority of Democrats that I know all believe that there needs to be reforms in law enforcement, we believe there needs to be more accountability. But almost everybody I talk to, nobody wants to defund the police, everybody knows we need more public safety resources, which will actually make more accountability.”
Campbell indicated that voters weren’t keen on “defund the police” rhetoric — an association Gunnigle has attempted to shake unsuccessfully. A portion of Gunnigle’s campaign money can be traced back to George Soros — the Democratic dark money kingpin known for establishing progressive prosecutors across the country.
The County Attorney is not in charge of funding the police. That's basic civics.
My opponent is attacking me over supporting mental health first responders.
Gunnigle has historically aligned with individuals and groups calling for police defunding. She advocated for the city of Phoenix to shift $25 million from the police budget to mental health and youth programs — an initiative called “25 Saves Phoenix Lives” launched by the nonprofit Poder in Action.
On June 17th, Phoenix City Council will vote on its final 2020-21 budget. This budget does not reallocate the $25 million increase for the Phoenix Police Department budget to mental health and youth programs. Let’s change that. #25SavesPHXLiveshttps://t.co/xv3iO437Xm
Campbell’s remarks are the latest in a series of developments indicating that Democratic Party candidates and leaders are distancing themselves from Gunnigle ahead of the election.
Democratic attorney general candidate Kris Mayes told voters during the debate hosted by the Arizona Chamber of Commerce last month that she wouldn’t endorse Gunnigle. Mayes said she disagreed with some of Gunnigle’s positions.
That’s a complete flip from two years ago. Mayes endorsed Gunnigle’s first run for Maricopa County attorney.
“She believes in greater accountability in politics and in our government, and she also will bring greater transparency to the office of Maricopa County attorney itself,” said Mayes.
Gunnigle also doesn’t have the support of Paul Penzone, the county’s top sheriff and a Democrat. In an interview with KTAR last month, Penzone said that Gunnigle’s platform concerned him. Namely, Gunnigle’s promise to prosecute law enforcement more harshly for errors.
“It’s not the fact that they’re willing to do so if there’s merit, but, if your intentions are solely to be more about oversight and prosecution of law enforcement versus being balanced in your responsibilities across the board, then it’s not a place really for activism,” said Penzone. “It’s a place for a foundation of just being sound in your duties and being fair and just.”
This distancing may reflect a greater sentiment within the Democratic Party. According to the Arizona Progress Gazette, statewide and state legislature Democratic candidates were instructed not to appear in pictures with Gunnigle.
Criticisms of top Democratic Party leaders from Gunnigle and her campaign may have lended to this development. In July, Gunnigle called President Joe Biden “the architect of mass incarceration.” Gunnigle said there was a difference between her, a “reform-minded” candidate and the party leader. Her controversial campaign manager, Bruce Franks, also called Congressman Ruben Gallego (D-AZ-07) and secretary of state candidate Adrian Fontes “anti-black” in February.
Those are just criticisms from this year. Over the past few years, both Gunnigle and Franks have excoriated Arizona’s Democratic leaders such as Senators Kyrsten Sinema and Mark Kelly, and Phoenix Mayor Kate Gallego.
Corinne Murdock is a reporter for AZ Free News. Follow her latest on Twitter, or email tips to corinne@azfreenews.com.
