by Corinne Murdock | Apr 17, 2023 | News
By Corinne Murdock |
“We have more votes than Kris Mayes. It’s up to the courts to decide to count them.” – Abe Hamadeh
Recent analysis of uncounted provisional ballots in November’s attorney general race make a compelling case that Abe Hamadeh received more legal votes than Kris Mayes.
The 2022 faceoff between Hamadeh and Mayes serves as one of the closest races in Arizona’s history. It’s on par with one other historically significant race that was ultimately overturned, even after both the Maricopa County Superior Court and a Democratic Secretary of State had declared a winner: the 1916 gubernatorial election.
However, the year-long contention of that election had to do with the design of the ballots confusing voters on their vote. This time around, just over 100 years later, the issue concerned voters whose votes were denied to them due to government missteps and failures with election administration.
Last Tuesday, the Mohave County Superior Court granted Hamadeh oral arguments in his motion for a new trial challenging the outcome of his election based on hundreds of allegedly disenfranchised voters. That will occur in about a month, on May 16. Hamadeh shared that they have over 250 affidavits from allegedly disenfranchised voters at present. The vote margin difference is 280.
According to all counties’ data, there are roughly 8,000 provisional ballots outstanding. Hamadeh led on day-of voters statewide, winning an average of 70 percent of the votes. Provisional ballots may heavily favor him, due to the additional fact that day-of votes were generally 2 to 1 Republican.
“All data points suggest that it favors Republicans,” said Hamadeh.
It appears that, due to the mass tabulator failures, there were less voters but more provisional ballots cast this past election year. Rejection rates of these provisional ballots increased sharply across several counties: Santa Cruz County’s rejections increased from one out of the 117 provisional ballots cast to 83 out of the 139 provisional ballots cast. Pima County’s rejection rate doubled.
Despite Pinal County having a comparable number of provisional ballots cast in 2020 and 2022, their rejection rate increased from 59 to 63 percent.
Yavapai County more than doubled its rejection of provisional ballots this past election than in 2020 based on non-registration, despite having a significant decline in voter turnout (over 87 percent versus just over 75 percent).
Further data will be published in full as court proceedings continue. Hamadeh shared that his legal team is awaiting some data from several counties, which he said would bolster their case.
“As more data comes in, it’s getting worse for the government and looking better for us,” said Hamadeh.
Another development that could impact Hamadeh’s case is the divorce between Democrats’ top election lawyer, Marc Elias, and the Democratic National Committee (DNC).
Elias is engaged in an ongoing federal lawsuit fighting for the voting rights of those voters whose registration was canceled. Elias is fighting for all provisional ballots to be counted — an outcome that would be favorable for Hamadeh’s case, when it was originally intended to be favorable to Democratic interests.
Hamadeh’s legal and analytics teams estimate that over 1,000 voters had their voter registration erroneously canceled due to government system issues. That’s separate from the 8,000 provisional ballots outstanding.
Hamadeh’s team also discovered 750 high-propensity voters whose registrations were wrongly canceled. Of that number, only 176 showed up on Election Day.
“It’s really a screwed up situation,” said Hamadeh. “If you can imagine, the disenfranchisement is even bigger than what we’re arguing.”
Bureaucratic mismanagement resulting in voter registration failures is nothing new, especially for Maricopa County. In 2020, thousands of voters were nearly disenfranchised by intergovernmental miscommunication.
Hamadeh dismissed the argument from some outlets that high-propensity voters should’ve taken more steps to ensure they were registered, saying that doesn’t excuse the government’s failure.
“If you’re on PEVL [Permanent Early Voting List] and you expect your ballot to come but it doesn’t, you’re disenfranchised,” said Hamadeh.
Hamadeh referenced one case he called “egregious,” where a father paying his college daughter’s vehicle registration unknowingly had his registration transferred to a different county — all because his daughter was going to college in a different county.
“Without any notice by the way, he never got any notice. And we know he never intended to go to Coconino because he doesn’t have a house there or anything,” said Hamadeh.
There was also the case of Howard, a visually-impaired disabled veteran whose voter registration was canceled through bureaucratic error, unbeknownst to him, and left him without his voting power in this last election. Hamadeh insisted that Democrats’ refusal to see Howard as the victim in this case was hypocritical.
“The media and Democrats are trying to say this is voter error. But in every single election incident, just two years ago, they were arguing against these voter registration cancellations,” said Hamadeh.
Then there’s the 269 voters who showed up on election day with their mail-in ballot and checked in — but never had their vote counted. Yet, on the county’s end, those check-ins reflect votes cast. Of those 269 who dropped off mail-in ballots that weren’t counted, 149 were Republicans, 53 were Democrats, and 67 were “other.” Hamadeh reported that many of those voters told his team that their votes weren’t counted.
With a 280 vote margin between Mayes and Hamadeh, any of these contested provisional or mail-in ballots may result in the first race overturned in nearly a century.
Corinne Murdock is a reporter for AZ Free News. Follow her latest on Twitter, or email tips to corinne@azfreenews.com.
by Corinne Murdock | Mar 6, 2023 | News
By Corinne Murdock |
The state is facing a lawsuit filed Monday over an alleged violation of state law with the early ballot signature verification process outlined in the secretary of state’s Election Procedures Manual (EPM). The plaintiffs requested special action relief due to an alleged lack of an equally plain, speedy, and adequate legal alternative remedy for their grievance.
Statute requires that envelope signatures match those on the voter’s registration record. If not, the county recorder must contact the voter and confirm that the voter personally completed and signed the early ballot affidavit.
However, the current EPM — written by Gov. Katie Hobbs in her former capacity as the secretary of state — instructs county recorders to validate early ballot affidavits if they determine the signature matches any signature in any election-related document available to them. The lawsuit argued that the EPM’s allowed materials aren’t legally considered “registration records” and therefore not lawful comparative references for conducting signature validation.
“[T]he signatures encompassed within the EPM’s errant instruction cannot be used either to effectuate the registration of an individual or to lawfully amend an existing registration,” stated the lawsuit.
Arizona law doesn’t explicitly define the term “registration record.” However, the lawsuit argued that the natural understanding of the term relates to a document effectuating or amending voter registration that contains voter-supplied information required by federal and Arizona law, as well as a signed certification attesting to the provided information.
“A properly executed and submitted registration form, as may be amended and updated by the registrant from time to time, ‘constitute[s] an official public record of the registration of the elector,’” stated the lawsuit. “Accordingly, the ‘record of the registration of the elector — i.e., her “registration record,” consists of the complete and facially valid federal and state forms submitted by that individual, and any amendments thereto made by the submission of new forms, an early ballot request form, a response to an Active Early Voting List notice, or a provisional ballot envelope.”
Citizens may register to vote using forms provided by the federal or state government; both forms require full name, residential address, date of birth, a government-issued ID number, political party affiliation if applicable, and a signed, sworn attestation of eligibility (including U.S. citizenship). An Arizona voter registration form also requires telephone number, location of birth, occupation, father’s last name or mother’s maiden name, age, proof of citizenship, and statements affirming residency, status of any other existing registration, and any absence of disqualifying felony conviction.
The lawsuit stated that the named defendant, Secretary of State Adrian Fontes, has gone beyond his lawful jurisdiction and gone against statute by upholding Hobbs’ EPM. Fontes refused to heed lawmakers’ requests to reject Hobbs’ EPM earlier this year.
Plaintiffs in the lawsuit are the Arizona Free Enterprise Club (AFEC), a nonprofit social welfare corporation specializing in limited government that includes election integrity; Restoring Integrity and Trust in Elections, a Virginia-based nonprofit social welfare corporation specializing in election integrity; and Dwight Kadar, a Yavapai County resident and elector.
AFEC President Scot Mussi told AZ Free News that Hobbs’ EPM essentially rewrote state law to make invalid voting easier.
“The current election procedures manual adopted by the Secretary of State has rewritten state law regarding signature verification for mail-in ballots,” said Mussi. “The result is a process that invites questionable methods and opportunities for abuse during the signature review process. It’s time for the courts to bring this illegal EPM practice to a halt.”
Early ballot voters aren’t required to prove their identity through documents or additional personal information, like a birthdate or Social Security number. The sole validator for early ballot voters is the affidavit form signature on the exterior of the envelope housing the ballot. By signing the affidavit form, a voter attests under penalty of perjury that he has not voted and will not vote in any other jurisdiction, that he has registered to vote in the correct county, that he understands that multiple voting is a felony, and that he personally voted the ballot enclosed and signed the affidavit.
Corinne Murdock is a reporter for AZ Free News. Follow her latest on Twitter, or email tips to corinne@azfreenews.com.
by Corinne Murdock | Jan 20, 2023 | News
By Corinne Murdock |
Drug traffickers who commit homicide may be charged with a Class 1 felony in Arizona under a newly proposed bill.
Class 1 felonies carry a minimum sentence of 10 years, with a maximum sentence of 25 years. Repeat offenders face a minimum sentence of 15 years, with a maximum sentence of 29 years. If the victim is under 15 years old, then the perpetrator would be subject to life imprisonment.
The bill, HB2167, was named after a Yavapai County victim of fentanyl-tainted narcotics, Ashley Dunn, and comes from State Rep. Quang Nguyen. The bill defines “drug trafficking homicide” as occurring when individuals transfer a dangerous or narcotic drug and cause another’s death through the consumption or sale of the drug.
In a press release, Nguyen said that this legislation would help solve the immediate issue of Arizonans’ safety.
“Fentanyl is killing tens of thousands of Americans each year and destroying families,” said Nguyen. “It’s a public crisis that should unite political parties to act urgently. We are in a war to save lives.”
26 House Republicans signed onto the bill, and two senators: Ken Bennett (R-LD01) and Eva Diaz (D-LD22). The bill was assigned to the House Judiciary Committee.
Fentanyl’s deadliness not only impacts those who consume it, but those who so much as touch it, whether intentionally or unintentionally. The drug’s toxicity has state officials urging speedy implementation of new protocol to protect law enforcement that may handle the drug. Last June, Arizona Supreme Court Chief Justice Robert Brutinel established a task force to create guidelines for the safe handling of fentanyl. That task force must submit its report by March 31.
Quang’s bill includes stricter punishment for children’s deaths due to drug traffickers’ current operational patterns. With the rise of the border crisis, fentanyl traffickers expanded their targeted clientele to include minors. Over the last year especially, these traffickers have pushed “rainbow fentanyl” that look like candy to entice youth. Fentanyl pills are normally designed to look like oxycodone prescription pills: blue, and stamped with “M30.”
Like their traditional counterparts, these rainbow pills often carry fentanyl doses lethal enough to kill adults.
Almost one year ago to date, health experts and law enforcement warned that the state was facing a burgeoning pediatric fentanyl crisis. In 2022, there were 138 non-fatal opioid overdoses and 28 deaths in minors aged 0-17. That’s a decline of 70 non-fatal opioid overdoses and 19 deaths from 2021, and a decline of 198 non-fatal opioid overdoses and 31 deaths from 2020.
In fact, all non-fatal opioid overdoses and deaths have declined slightly since a peak in 2020.
Though these numbers have declined over the last few years, total drug seizures keep climbing. Law enforcement have seized millions in fentanyl pills amid the ongoing border crisis. According to Customs and Border Patrol (CBP) drug seizure statistics, there have been nearly 26,600 pounds of fentanyl seized along the southern border since President Joe Biden took office.
Seizures more than doubled from the 2020 to 2021 fiscal year. Last month was a historic high in fentanyl seizures for all time: nearly 3,000 pounds of fentanyl.
Corinne Murdock is a reporter for AZ Free News. Follow her latest on Twitter, or email tips to corinne@azfreenews.com.
by Corinne Murdock | Aug 28, 2022 | News
By Corinne Murdock |
The two Yavapai County election leaders that made headlines for abandoning office in response to 2020 election-related threats have escaped to other elections-related roles.
Former Yavapai County Elections Director Lynn Constabile became the elections engagement manager last month for a nonprofit founded by former Big Tech leaders and advised by three chief technology officers from the Obama administration, U.S. Digital Response (USDR), and former Recorder Leslie Hoffman became Maricopa County’s director of recording services as of Monday.
Both abandoned their offices about a month before this latest primary election.
Constabile’s new employer, USDR, was co-founded in March of 2020 by its interim CEO, Jessica Cole: formerly a tech policy fellow at the Aspen Institute, an organization integral to the censorship of the New York Post’s Hunter Biden laptop story released weeks before the 2020 election.
USDR’s other co-founders were Alex Allain, CTO, formerly an engineering director for Dropbox; Emily Barlow, formerly an engineering program manager and global sourcing manager for Apple; Jessica Watson, formerly a product design director for Facebook; and Raphael Lee, formerly of Lob and Airbnb.
USDR admits that its founding purpose was to intervene in local election processes. Since 2020, co-founder Raphael Lee explained on LinkedIn that USDR has expanded operations to address a whole host of progressive initiatives: criminal justice reform, Afghan refugee resettlement, unemployment insurance reform, federal grant management, COVID-19 government messaging and vaccine distribution.
“In March of 2020, when COVID-19 came to the US, we organized a volunteer-run, non-partisan effort to help federal, state, and local government with technology, data, design, operations, communications, project management, and other needs during the crisis,” wrote Lee. “USDR became a fiscally sponsored nonprofit project in the summer of 2020.”
All three of USDR’s advisors hail were deputy chief technology officers in the Obama administration: Cori Zarek, Jennifer Pahlka, and Ryan Panchadsaram.
Among USDR’s partners is the Arizona Department of Health Services (AZDHS). USDR’s major funders include the Rockefeller Foundation.
USDR has worked with 48 elections offices and nonprofits. Additionally, they report impacting 42 million people throughout 36 states, and worked with over 230 governments and organizations on over 300 projects.
As AZ Free News reported, Big Tech companies took a major interest in the 2020 election as soon as the COVID-19 pandemic arose that March. As one example, Facebook founder and CEO Mark Zuckerberg pumped his elections-focused nonprofit with over $350 million to execute what USDR desired to carry out.
In a press release Monday announcing Hoffman’s hire, the Maricopa County Recorder Stephen Richer said that Hoffman was one of the first individuals he relied on when he assumed office.
“Leslie was one of the first people I reached out to upon taking office, and her experience and advocacy for the functions of this office make her a great fit for this position,” said Richer.
AZ Free News reached out to the recorder’s office for further comment on the implication of hiring an individual who resigned from office amid the midterms, days before the primary election. Their spokesman said that they had no comment beyond their press release, just that they were thrilled to have Hoffman’s experience.
Corinne Murdock is a reporter for AZ Free News. Follow her latest on Twitter, or email tips to corinne@azfreenews.com.
