A federal lawsuit which sought to quash election integrity efforts and the First Amendment was settled last Friday, just days after 20 pages of records were released by the Maricopa County Sheriff’s Office related to two October 2022 incidents that fueled hysteria about ballot drop box watch groups in Arizona.
Separate statements issued on behalf of the League of Women Voters of Arizona and Melody Jennings, who ran the now-defunct Clean Elections USA effort, announced the settlement, although both sides describe the details as confidential.
But in reaching the settlement during a May 19 court hearing, a statement by the League’s legal team noted “the League and Ms. Jennings agreed to publicly condemn intimidation of any kind in connection with the exercise of the right to vote.”
Jennings, meanwhile, was quoted in a press release issued by True the Vote, which says it provided “vital” financial support to defending against the lawsuit.
“I am happy to have had the opportunity to stand up for the Constitution and assert my rights on behalf of all Americans,” Jennings stated.
The lawsuit was filed by the League on Oct. 25, 2022, in U.S. District Court. It named as defendants not only Clean Elections USA and Jennings, but also Lions of Liberty LLC, the Yavapai County Preparedness Team, and various other individuals.
At issue were plans by various defendants to have volunteers “monitor” ballot drop boxes in Maricopa and Yavapai counties to identify instances in which someone appeared to be dropping off more than one ballot.
Such monitoring activities had occurred Oct. 21 and 22 in a parking lot by the Maricopa County Juvenile Court on South Lewis Street. This prompted a law enforcement response after allegations were made by Maricopa County officials that the volunteers appeared to be trying to intimidate or threaten voters using a nearby ballot drop box.
Arizona law allows certain relatives and members of a voter’s household to return early ballots, commonly known as absentee ballots on behalf of a voter. There is a statutory 75-foot buffer zone around drop boxes.
Lions of Liberty and Yavapai Preparedness Team, along with their members, were dismissed from the case upon agreeing to stop all ballot drop box surveillance.
However, a federal judge issued a temporary order on Nov. 1 barring the Clean Elections USA monitors from carrying firearms or wearing body armor within 250 feet of a ballot drop box. In addition, the group’s volunteers had to be instructed that Arizona law allows eligible persons to turn in multiple absentee ballots.
Then after the Nov. 8 election, Clean Elections USA and Jennings filed a Motion to Dismiss, arguing the lawsuit was moot because the election was over. The motion also argued First Amendment violations as well as a failure by the League to describe any violations of the Voting Rights Act of 1965 or the Ku Klux Klan Act as alleged in the lawsuit.
Court records show the parties were preparing for a June 14 hearing to argue whether the case should be dismissed. But first, they engaged in a court-supervised settlement conference on May 19 which ended with U.S. Magistrate Judge Camille Bibles being told a settlement was reached.
Had the case gone to trial, the reports written by various MCSO deputies would likely have been critical evidence for the defendants. Some of those reports were released last week to Arizona Daily Independent concerning two interactions between deputies and some of the monitors.
The first report shows MCSO deputies were dispatched around 7:40 p.m. on Oct. 21 for a third hand report that four individuals “dressed in masks and full body armor” were intimidating voters who were placing early ballots in the county dropbox near the juvenile court.
Upon arrival on scene, one deputy found three people sitting in lawn chairs south of the drop box. “They were wearing casual clothing and eating various snacks. A digital camera fixed to a tripod was adjacent to them,” the report notes.
A deputy also spoke with two people standing next to a pick-up truck. The two were “wearing face coverings, tactical outer carriers, tactical clothing and appeared to be armed with holstered sidearms,” according to the report.
There was no indication they interacted in a threatening manner with anyone in the area. In addition, the deputy errantly estimated the two were about 50 feet from the ballot drop box, in violation of the 75-foot law.
A formal measurement was soon undertaken by another deputy, who found the distance between the monitors and drop box was 90 feet, well outside the buffer zone.
The next night, Oct. 22, deputies returned to the parking lot after noticing a group forming again. One of the men said he had been present the night before to watch the ballot box and observed someone “stuffing” items into the ballot box.
“They captured this on film but were unwilling to share the video with me,” a deputy noted. The same man added he wore body armor the previous evening “for safety.”
He and another monitor did not wear armor the second night, to avoid “a response from law enforcement.” However, they were carrying their firearms or protection and expressed fears of people heckling them or doing a “drive by,” the deputy noted.
The report makes no mention of disruptive or threatening behavior by the monitors. But a deputy described watching a woman walk up to the ballot watchers. The woman was wearing what appeared to be a nun outfit, the report states.
“This female approached the group and began to film them,” the report notes. “This female then attempted to uncover the black Nissan Sentra’s license plate which solicited a further reaction from the group,” the deputy wrote.
Two deputies intervened to prevent any further provocation. The woman, who identified herself as Sister Mary Katherine, then began to record the deputy with her cellphone after being separated from the group.
“Sister Mary Katherine reported having wanted to sit and watch the Ballot box as well. I informed her she is welcome to, but she has to behave and not be disruptive to the others. She agreed and then proceeded to set up her chair in the middle of the group which was already there,” the report notes.
A news team arrived at the scene shortly after Sister Mary Katherine’s appearance. By then, the original group left in their vehicles, according to the report.
The report also notes the concern of criminal activity by any of the monitors was “unfounded.”