After months of being spoken for by attorneys or just typing brief comments on Twitter, the two state senators at the heart of the legislative audit into Maricopa County’s 2020 General Election were finally front and center Tuesday during a livestreamed status meeting.
Senate President Karen Fann had hoped various Maricopa County officials would attend the meeting in order to address several questions put forth earlier this month by Fann on behalf of the audit team. But county officials announced they would not accept Fann’s invitation to meet in person and instead answered some of the questions via a letter on Monday.
In an effort to not let the scheduled meeting time go to waste, Fann and Sen. Warren Petersen of the Senate Judiciary Committee were joined by three top audit officials to hear how audit activities are going and what concerns have been identified so far. But first, Fann provided an opening statement downplaying talk of rampant fraud with Maricopa County’s election.
After months of being spoken for by attorneys or just typing brief comments on Twitter, the two state senators at the heart of the legislative audit into Maricopa County’s 2020 General Election were finally front and center Tuesday during a livestreamed status meeting.
“I have said from the get-go I’m relatively sure we’re not going to find anything of any magnitude that would imply that any intentional wrongdoing was going [on]; I believe that we were going to find what we’ve known all along in some of the things is that we could probably do a little better job with chain of custody and all the things we’ve talked about,” said Fann.
In January, Fann co-signed a legislative subpoena with Petersen which demanded the county turn over its voting systems, elections records, and nearly 2.1 million ballots cast in last fall’s election. She said again Tuesday the purpose of the audit “has nothing to do with overturning the election or decertifying electors or anything else.”
Instead, she said, lawmakers must ensure Arizona’s elections are done “properly, accurately, safely, with full election integrity.”
Conversation between officials with the Senate and Maricopa County about the 2020 General Election began shortly after polls closed on Nov. 3. There was an initial subpoena issued in December which was replaced with one in January.
Once the second subpoena was issued, “it has nothing but delays, delays, delays,” Fann recounted during the meeting, noting Maricopa County’s decision to sue the Senate in an effort to quash the subpoena.
County officials lost that challenge in February and eventually delivered 385 tabulator machines, several other voting equipment, and 1,681 boxes of ballots on 46 pallets to Veterans Memorial Coliseum last month. Missing from the county’s delivery are two items which Doug Logan, the CEO of audit contractor Cyber Ninjas said are necessary to complete the audit.
The first is the administrative access code or password to the Dominion Voting Systems ballot tabulator machines. In Monday’s letter, Board Chair Jack Sellers informed Fann that county officials do not have the access code. “We do not have it; we have no legal right to acquire it; and so, we cannot give it to you,” the letter states.
The second missing item is the election department’s computer routers which would show the department’s internet activity before and during the election. Earlier this month, Sellers announced neither the routers nor virtual images of the routers would be released, citing concerns by Maricopa County Sheriff Paul Penzone that allowing outsiders access to the routers could put law enforcement officials at risk.
Among other questions raised by Fann in her letter to Maricopa County included concern that ballots were not in sealed bags nor in boxes secured with tamper-resistant tape when turned over to the audit team. Another concern was that a review of computer data files appeared to show one elections database had been deleted and another was missing.
Logan told Fann on Tuesday that upon further review there was no problem with how the ballots were packaged by the county. And CyFIR CEO Ben Cotton said during the meeting he has located the files that were previously the subject of concern.
The audit team’s hand count of the 2.1 million ballots is scheduled to resume May 24 at the Coliseum. Fann has not been shy about floating the idea of issuing new subpoenas in an effort to ensure auditors have all information needed to conduct a full review of how Maricopa County conducted the election.
Two judges, one from Maricopa County and the other an Associate Justice of the Arizona Supreme Court, agreed Friday that the Senate Audit of Maricopa County’s 2020 General Election can move ahead for now. Both judges also ordered the parties to submit several court filings in the coming days.
Several hundred of the nearly 2.1 million ballots cast by Maricopa County voters were audited Friday and Saturday. The volunteer counters are looking only at the race for U.S. President and the contest between Mark Kelly and then-Sen. Martha McSally.
For a short time Friday it looked like no audit activities would take place after Judge Christopher Coury of the Maricopa Superior Court agreed to issue a stay requested by the Arizona Democratic Party and Steve Gallardo, the only Democrat on Maricopa County’s five-member Board of Supervisors.
But the stay order was contingent on the plaintiffs posting a $1 million bond in the event they lost their case. AZ Dems chair Raquel Teran announced Friday afternoon that no bond would be posted, meaning the audit can continue unimpeded, for now.
Two other orders issued by Coury are currently in force: that the Senate and its contracted audit team comply with state law and that no blue or black pens can be on the floor of the Veterans Memorial Coliseum where the audit is being conducted.
Coury will be a key player in the audit this coming week, as he ordered the parties back to court Monday morning for an evidentiary hearing on the merits of the lawsuit. The judge set several deadlines for the attorneys, including an order for the audit’s written policies and procedures to be filed by the Senate and general contractor Cyber Ninjas on Sunday.
Teran and Gallardo -who says he joined the lawsuit in his personal capacity as a Maricopa County voter- must decide how far they want to push their allegations about the audit operations, given the fact Senate President Karen Fann and the other defendants have petitioned to the Arizona Supreme Court, which has also ordered a series of legal briefings in the case.
Fann and Sen. Warren Petersen of the Senate Judiciary Committee are named as defendants along with former Arizona Secretary of State Ken Bennett who is serving as the Senate’s audit liaison. The other defendant is Cyber Ninjas, the company Fann contracted with to conduct the audit with help from three subcontractor.
The Senate defendants are represented by Kory Langhofer and Thomas Bastille, who have been involved in several of the election-related lawsuits filed since Nov. 3. Florida-based Cyber Ninjas and its owner Doug Logan have retained Phoenix attorney Alex Kolodin as their Arizona legal counsel.
Another key player is Associate Justice Clink Bolick of the Arizona Supreme Court, who affirmed Coury’s earlier orders during an emergency conference Friday afternoon. Bolick set separate deadlines for the Senate’s challenge to the legality of the lawsuit, with all those filings needing to be in by the end of business April 29.
Participating in the emergency conference with the justice was attorneys for Arizona Secretary of State Katie Hobbs, who has pushed back on Fann’s previous assurances that the Senate’s audit would be “independent” and “transparent.”
Hobbs has pointed to Rep. Mark Finchem’s admitted role with the audit in light of his repeated insistence that President Joe Biden really did not win the popular vote in Arizona, and thus was not entitled to the state’s electoral votes. She also wrote to Attorney General Mark Brnovich with concerns that auditors may not be complying with Arizona’s Elections Procedures Manual (EPM).
For his part, Brnovich was the first prominent Republican to insist after the general election that there was no fraud involved in Biden’s victory. He replied to Hobbs on Friday, suggesting she notify his office when she has “credible facts and not conjecture or politics” for him to investigate.
Another player who could impact next week’s audit operations is First Amendment attorney David Bodney, who warned Fann and Bennett that the audit team’s current refusal to allow journalists to report on audit activities from the main floor of the Veterans Memorial Coliseum.
Bennett, as the audit liaison, is requiring media representatives to sign up for a six-hour shift as an observer. However, observers are prohibited from having cellphones or even pen and paper on the floor.
“Requiring journalists to become active participants in the events on which they seek to report is as unprecedented as it is untenable in a representative democracy,” Bodney wrote. “It also violates the First Amendment, which compels that members of the press be allowed access to report on these public proceedings. “
Bodney also warned that legal action could be forthcoming.
“By making the proceedings accessible to some journalists, you cannot arbitrarily deny access to others or require that others satisfy peculiar conditions not imposed upon those whom you favor,” he wrote. “In the event the audit proceeds while barring the press, we are committed to pursuing all legal remedies we deem appropriate to secure our clients’ rights under the First Amendment,” Bodney said
By Diane Douglas, Arizona Superintendent of Public Instruction 2015-2018 |
In the words of the famed NY Yankee catcher, Yogi Berra, “it’s like déjà vu all over again!”
In 2019, during the very last, wee hours of the legislative session the legislators passed SB1558 attempting to TRIPLE their per diem compensation.
This year’s attempt, by virtue of an eleventh hour “strike everything” amendment to HB2053, is to give themselves a very significant increase in their per diem because a salary increase must be passed by the voters. It’s probably safe to assume that such shenanigans would have been attempted last year as well had the session not been prematurely preempted thanks to the Covid “crisis.”
This session the legislators propose to increase Maricopa County legislators per diem from $35 to $56 for meals each day of the session. Legislators outside Maricopa County per diem increases from $60 to $207 – $56 for meals and $151 for lodging for every day in session.
Legislators are paid a salary of $24,000. This may not seem like a lot however consider that this is for a 100 day session (which includes in that count Saturdays, Sundays and Fridays when committee meetings or floor sessions are virtually never conducted and most have already left for home). Prorate that 100 days to the 260 days full time Arizonans work it equates to $62,400 per annum. Not bad, especially when considering that for many the legislature is a second job. Many of them have another career or are collecting at least one if not more, oft times government, retirements or own very successful businesses or charter schools for which they write the laws or all of the above.
But I digress, back to the per diem.
If nothing else, legislators should treat themselves by the same rules and standards which they impose on state employees.
But wait, state employees are not entitled to meal allowances unless they are traveling on state business and then, if I’m not mistaken, must be outside a 50 miles radius to qualify for meal or travel allowances. They are not given a meal allowance to buy their daily lunch at their assigned work site (nor are they frequently, if ever, the guests of lobbyists) so neither should Maricopa legislators.
For those legislators outside Maricopa County, in addition to the meal allowance, they will all receive the same travel per diem, $151, regardless of how close or far they are from the Capitol. Whether they travel the 190 or so miles from Kingman in Mohave County or Sierra Vista in Cochise County and stay in Phoenix Monday through Thursday; or travel the 40 miles home nightly to Apache Junction in Pinal County or Black Canyon City in Yavapai County the per diem is the same.
A benefit, by the way, that is not provided to a Maricopa County legislator should he/she live in Gila Bend almost 70 miles from the Capitol. In my opinion the same 50 mile radius that applies to state employees should likewise apply to legislators regardless of their county of residence.
Finally, the per diem will be tied to the annual federal per diem rate for Maricopa County as determined by the United States General Services Administration and adjusted annuallywithout future legislative action.
But let’s put all that aside. The real issue not just the “how much” – some will argue too much, others not enough. It is the “how” that matters most.
In 2019 it was a bill slammed through at the last moments before the legislators voted to Sine Die at 12:58am. This session it is done through a “strike everything” amendment to HB2053. If that were not bad enough, allegedly part of the “deal”, to get Maricopa legislators to support this strike everything amendment, is to raise the Maricopa legislators’ lunch money as well. 30 pieces of silver this Easter Week, well, okay 21.
HB2053 originally entitled “superior court clerk; salary”, now titled “salary; superior court clerk” but nothing to indicate the true legislative intent of the amendment. – giving themselves an extra $2,100 for those in Maricopa and $14,700 for those outside.
(I’ve written about this legislative game of strike-all shenanigans in the past here.)
Legislators’ salary increases are supposed to be referred to the voters for approval however their “per diem” is defined in statute which takes no more than a majority and signature to increase. Effectively giving themselves what the voters will not – increased compensation.
If per diem is really just a backdoor way for legislators to do an end run around the taxpayers and give themselves a substantial increase in their compensation that the voters have not or are not otherwise willing to approve then, at the very least, legislators should be transparent and honest about it. Drop an appropriately titled bill at the beginning of the session. Do not do it through late night bills on the way out the door or late session “strike everything” amendments.
Especially after a year when untold numbers of Arizonans have lost their jobs and countless small business have had to close their doors Arizonans deserve better from their elected officials than the same old games. Deja vu Yogi, deja vu.
