Voters who have come to question the integrity of Maricopa County’s election system may be appeased by the limited forensic audit approved Wednesday by the county’s board of supervisors (BOS), but the chairman of the Senate Judiciary Committee says the vote does not change the committee’s desire to conduct a full-scale audit of all aspects of the county’s election protocols.
Sen. Warren Petersen said after the county’s audit of its Dominion Voting System tabulation machines was approved that it will not deter the Senate from doing its own planned audit, for which two legislative subpoenas were served on the Maricopa County BOS in December and again earlier this month.
“My concern with the county audit is that the scope of the audit is an inch deep,” Petersen said. “With the limited scope they have asked to be audited, they are guaranteed to find nothing.”
However, the Senate Judiciary Committee could run into a time issue if they don’t get moving on their own audit. Yet Maricopa County’s audit is not expected to be completed until March, so a public report won’t likely be released until April.
The legislature is expected to adjourn April 24, meaning if the legislators are serious about a full-blown audit, they may not be able to wait until Maricopa County completes its audit. That has proven problematic since December as the five-member BOS has thumbed its collective nose at the senators.
Petersen’s concern about the limited analysis being undertaken by Maricopa County is shared by one of the attorneys who has been involved in many of the legal challenges to the presidential election outcome in Maricopa County.
Alex Kolodin has represented several clients who have attempted since the Nov. 3 election to get county officials to conduct a wide-ranging audit of Maricopa County’s handling of the 2020 General Election. Such an audit would touch on all aspects of the county’s election process, not just the operation and accuracy of tabulation equipment.
“We already know there were a number of improprieties before ballots were sent out, then during early balloting, and again on Election Day,” Kolodin told Arizona Daily Independent. “We want to know the truth, it’s really that simple.”
Kolodin’s current client list includes Arizona GOP Chair Kelli Ward, National Committeeman Tyler Bowyer, and former Rep. Anthony Kern. Among the election functions they want audited is Maricopa County’s Permanent Early Voting List (PEVL) which mails out ballots prior to election day to voters who have requested that service.
Another function is instructions election officials provided to voters, as well as how “problem” ballots were handled prior to tabulation. Such ballots include those in which the voter has cast too many votes in a specific race or in which a stray mark has been detected.
Other pre-tabulation functions include the handling of torn or damaged ballots, along with Federal Uniformed and Overseas Citizens Absentee Voting Act (UOCAVA) ballots which are normally cast by email instead of paper ballot.
None of those election activities would be part of the limited audit approved by Maricopa County’s BOS. Nor would there be a review of its voter registration system, which officials confirmed was “compromised” during the early voting period. No arrest has been announced in the hack but the FBI is investigating, according a Maricopa County spokesperson.
Kolodin is hopeful that Petersen and Senate President Karen Fann will follow through the legislative subpoenas, which as of Wednesday have not been complied with by Maricopa County officials. In fact, the county appears to be dictating the ground rules as to when, how, and if certain items will be turned over to the Senate.
The subpoena dispute was the subject of a hearing earlier this month with Judge Timothy Thomason of the Maricopa County Superior Court. The judge noted he is uncertain whether the judiciary has authority to involve itself in the enforcement of a legislative subpoena, even if the legislature requests the involvement.
Thomason pointed to the Senate’s own authority under the law to hold someone in contempt for failure to comply with a legislative statute. It is unknown, however, whether Fann and Petersen can secure enough votes to pass a contempt action against Maricopa County.
And that, says Kolodin, leaves voters in Maricopa County and the state “with unanswered questions you would think our elected officials would want to have answered.”
To send an email to the members of the Senate Judiciary Committee, go to https://azpeopleslobbyist.com/2021/01/emailing-committee-members/ then follow the instructions.