PHOENIX β Efforts to strip early voting ease from potentially hundreds of thousands of Arizonans stalled Thursday amid a spat between two Senate Republicans.
Kelly Townsend of Mesa had supported Senate Bill 1485 when it was approved on a party-line vote in committee. But Townsend said she could not provide the required 16th vote in the 30-member Senate because she does not think the bill goes far enough.
Townsend, who has called results of the 2020 election βtainted,ββ said she wants more fixes, including ones she proposed but that never got to the Senate floor.
That refusal resulted in Michelle Ugenti-Rita of Scottsdale, sponsor of the bill, saying Townsend was throwing a βtemper tantrum.ββ
But Townsend said sheβs not trying to kill the proposal.
She said she wants lawmakers to keep SB 1485 on ice until completion of an audit of the results of the 2020 general-election returns from Maricopa County. Those results will tell lawmakers what needs to be fixed in election laws, she said.
That review, including a hand count of all 2.1 million ballots, began Thursday after county election officials delivered the ballots and the counting machines to Veterans Memorial Coliseum as demanded by a Senate subpoena.
The results are not expected to be completed much before the end of May, and the legislative session could be done by then if lawmakers can approve a state budget.
Townsend said she doesnβt care if that means lawmakers have to remain at the Capitol. She said lawmakers canβt wait until next year to make any fixes, as any changes likely could not take effect before the August 2022 primary.
What the changes would do
Under current law, once someone signs up for the permanent early voting list they continue to get ballots by mail every election until they are no longer registered to vote.
SB 1485 sought to remove people from the list who had not used their early ballots in at least one of the two prior election cycles.
They would remain registered to vote. But they would have to go to the polls in person or request to be put back on the list.
Democrats said that harms people who may have little interest in voting until they find a candidate or issue of concern. They provided figures showing that if this measure had been in effect in 2020, more than 200,000 people would not have received an early ballot based on failure to use it in 2016 or 2018.
Foes of the bill said an analysis of who would be affected suggests political motives, as they claim it would reduce voting by minorities who are more likely to back Democrats.
The measure already had been approved once by the Senate but required a final vote to ratify changes made in the House. Then Townsend balked.
βI know that the senator is upset that some of her bills died in committee,ββ Ugenti-Rita said. βItβs disappointing to be on the receiving end of someoneβs temper tantrum.ββ
βYou want to see a temper tantrum?β
Townsend bristled at that description. But she conceded there is some truth behind what Ugenti-Rita said.
βAbsolutely I am upset about all of my election bills dead, absolutely,ββ she said. βYou want to see a temper tantrum? I can show you one if you really want.ββ
Townsend already has identified what she believes are problems with election laws.
For example, she said more than 11% of ballots cast in Maricopa County had to be βadjudicated.ββ That means humans had to examine the ballot, whether due to stray marks or votes for more than one candidate in a race, to determine the voterβs true intent.
By contrast, Townsend said, the adjudication figure elsewhere in Arizona is less than 2%. βWe need to know why,ββ she said.
She had her own proposals. One said people could get early ballots in the mail but they had to return them in person. She also wanted the state auditor general to review all the voting equipment annually in at least the two largest counties.
Neither got a hearing.
A bill to require all election equipment to be made in the United States and to prohibit results from being transmitted to a foreign country did get out of the Senate but died in the House.
Election department employees process and verify ballots from the 2020 General Election at the Pima County Election Center in Tucson on Nov. 2, 2020. (Josh Galemore / Arizona Daily Star)
Photos: 2020 General Election in Pima County and Arizona
Ballot processing in Pima County
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An election worker stacks ballots to be processed at the Pima County Elections Center, Tucson, Ariz., November 5, 2020.
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An election worker prepares ballots to be fed into her machine as ballot processing continues at the Pima County Elections Center, Tucson, Ariz., November 5, 2020.
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Workers process ballots as the count goes on at the Pima County Elections Center, Tucson, Ariz., November 5, 2020.
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An election worker looks over some ballots being processed at the Pima County Elections Center, Tucson, Ariz., November 5, 2020.
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Election workers continue their work in preparing ballots in order for them to be counted later in the day the Pima County Elections Center on November 5, 2020. Photo by Mamta Popat / Arizona Daily Star
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Deputy Scott Woodworth, left, and Deputy Andrew Conrad of the Pima County Sheriff's Department stand outside of the Pima County Elections Center on November 5, 2020. Due to some gatherings around the country at election offices, deputies are on site to help keep the peace. Photo by Mamta Popat / Arizona Daily Star
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Election workers continue their work in preparing ballots in order for them to be counted later in the day the Pima County Elections Center on November 5, 2020.
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Adrian Gomez, an election worker, feeds ballots into a machine which opens the envelopes automatically in preparation for them to be counted later in the day at the Pima County Elections Center on November 5, 2020. Photo by Mamta Popat / Arizona Daily Star
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An election worker calls a voter to confirm a signature on a ballot at the Pima County Elections Office located at 6550 S Country Club Rd, on Nov. 4, 2020.
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An election worker scans a ballot while doing the first check of the signature while processing ballots at the Pima County Elections Office located at 6550 S Country Club Rd, on Nov. 4, 2020. If the signature matches what the office has on file the ballot will move on to be counted. If the signature does not match it will be moved to a special desk where workers investigate the signature by following up with the voter.
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An election worker scans a ballot while doing the first check of the signature while processing ballots at the Pima County Elections Office located at 6550 S Country Club Rd, on Nov. 4, 2020. If the signature matches what the office has on file the ballot will move on to be counted. If the signature does not match it will be moved to a special desk where workers investigate the signature by following up with the voter.
Election Day, Pima County and Arizona, 2020
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Mark Kelly, right, Democratic candidate for U.S. Senate, waves to supporters along with his wife Gabrielle Giffords, second from right, and daughters, Claire Kelly, far left, and Claudia Kelly, second from left, during an Election Night watch party on November. 3, 2020 at Hotel Congress in downtown Tucson, Ariz.
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The crowd gathers in St. Philip's Plaza for a Republican supporters party on election night, Tucson, Ariz., November 3, 2020.
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Election night wears on as Republican supporters stay up late waiting for numbers at a party held at St. Philip's Plaza, Tucson, Ariz., November 3, 2020.
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Fox News declares Joe Biden the winner over Donald Trump in the state of Arizona behind the night's entertainment, singer Buck Helton, at a Republican supporters' party at St. Philip's Plaza, Tucson, Ariz., November 3, 2020.
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Mark Kelly, Democratic candidate for U.S. Senate, speaks during an Election Night gathering at Hotel Congress in downtown Tucson, Ariz. on November 3, 2020.
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Mark Kelly, right, Arizona Democratic candidate for U.S. Senate, waves to supporters along with his wife Gabrielle Giffords, second from right, and daughters, Claire Kelly, left, and Claudia Kelly, second from left, during an election night event Tuesday, Nov. 3, 2020 in Tucson, Ariz. (AP Photo/Ross D. Franklin)
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District 10 senate candidate Justine Wadsack moves through the crowd at a Republican supporters party at St. Philip's Plaza, Tucson, Ariz., November 3, 2020.
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Arizona house candidate Brendan Lyons speaks to the Republican party supporters gathered at St. Philip's Plaza, Tucson, Ariz., November 3, 2020.
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Gabby Saucedo Mercer, candidate for Pima County Board of Supervisors, watches polling numbers roll in at a Republican supporters party at St. Philip's Plaza, Tucson, Ariz., November 3, 2020.
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A woman in the crowd reacts as the first numbers of the night come up on network news showing Joe Biden well ahead of Donald Trump in Arizona during a party for Republican supporters at St. Philip's Plaza, Tucson, Ariz., November 3, 2020.
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The crowd of Republican supporters celebrate as news organizations declare Texas for Donald Trump during an election party at St. Philip's Plaza, Tucson, Ariz., November 3, 2020.
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Mark Kelly, Democratic candidate for U.S. Senate, speaks during an Election Night gathering at Hotel Congress in downtown Tucson, Ariz. on November 3, 2020.
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President Trump supporters wave a flag during an election watch party, Tuesday, Nov. 3, 2020, in Chandler, Ariz. (AP Photo/Matt York)
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Maria Miranda waves to drivers as she waves her sign while stumping for 2nd Congressional candidate Brandon Martin outside the polling site at Desert Gardens Presbyterian Church, 10851 E Old Spanish Trail, Tucson, Ariz., November 3, 2020.
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Voters wait in line to cast their ballots at Gideon Missionary Baptist Church, 3085 S. Campbell Ave., in Tucson, Ariz. on Nov. 3, 2020.
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A poll worker wearing a face shield and mask checks outside for voters in need of assistance at the polling station at Tucson Arizona Boys Chorus, 5770 E. Pima St., in Tucson, Ariz. on Nov. 3, 2020.
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A short line forms outside of the Drexel Heights Community Center, 5220 S San Joaquin Ave., polling place on November 3, 2020.
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A voter glances at voting signs while approaching the Donna R. Liggins Neighborhood Center polling place located at 2160 N 6th Avenue, on Nov. 3, 2020.
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Poll volunteers work the final half hour of the night at the Dusenberry-River Branch Library, one of the voting sites in Tucson, Ariz., November 3, 2020.
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Election Protection Arizona's Chris Griffin sits just outside the exclusion area at the Christ Lutheran Vail Church polling site, Vail, Ariz., November 3, 2020.
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Voters file into the polling site at Christ Lutheran Vail Church, 14600 E. Colossal Cave Rd., as voting takes place across the nation, Vail, Ariz., November 3, 2020.
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A poll worker gestures a couple of voters inside the Desert Gardens Presbyterian Church, 10851 E Old Spanish Trail, one of polling sites across the area, Tucson, Ariz., November 3, 2020.
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Trump supporters greet another arriving Trump supporter arriving outside of the Living Word Bible Church voting station in Phoenix, Ariz., on Election Day, Tuesday, Nov. 3, 2020. (AP Photo/Dario Lopez-MIlls)
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Trump supporters greet voters arriving in their cars at the Living Word Bible Church voting station in Phoenix, Ariz., on Election Day, Tuesday, Nov. 3, 2020. (AP Photo/Dario Lopez-MIlls)
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A line forms outside the polls at Continental Ranch Community Center located at 8881 N Coachline Blvd., on Nov. 3, 2020. According to Poll Marshal Judy Burns, the place had a line zigzagging through the parking lot when doors opened and a steady number of voters throughout the day.
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A line forms outside the polls at Continental Ranch Community Center located at 8881 N Coachline Blvd., on Nov. 3, 2020. According to Poll Marshal Judy Burns, the place had a line zigzagging through the parking lot when doors opened and a steady number of voters throughout the day.
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Voters put on masks outside the Avra Valley Fire District Station 191 before casting ballots, on Nov. 3, 2020.
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A voter prepares a ballot outside the Avra Valley Fire District Station 191 polling place, on Nov. 3, 2020.
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A voter leaves the polling place at Tucson Arizona Boys Chorus, 5770 E. Pima St., in Tucson, Ariz. on Nov. 3, 2020.
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A woman walks towards the Drexel Heights Community Center 5220 S San Joaquin Ave. to cast her vote on November 3, 2020.
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Campaign signs adorn an area just off the property at Drexel Heights Community Center 5220 S San Joaquin Ave. on November 3, 2020.
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A voter puts on a face covering before entering the Himmel Park Library polling place, on Nov. 3, 2020. Photo by Josh Galemore / Arizona Daily Star
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A polling worker welcomes a voter to the Himmel Park Library polling place, on Nov. 3, 2020. Photo by Josh Galemore / Arizona Daily Star
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A voter drops off their ballot on Election Day outside State Farm Stadium early, Tuesday, Nov. 3, 2020, in Glendale, Ariz. (AP Photo/Matt York)
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A voter, November 3, 2020, at the Islamic Center polling place, 12125 E Via Linda, Scottsdale, Arizona.
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Voters wait in line, November 3, 2020, at the Tempe History Museum polling place, 809 E. Southern Ave., Tempe.
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Voters stand in line outside a polling station, on Election Day, Tuesday, Nov. 3, 2020, in Mesa, Ariz. (AP Photo/Matt York)
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Voters stand in line outside a polling station, Tuesday, Nov. 3, 2020, in Mesa, Ariz. (AP Photo/Matt York)
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A school crossing guard stops cars for voters entering a polling station, Tuesday, Nov. 3, 2020, in Phoenix. (AP Photo/Matt York)
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A line forms outside the Dr. Martin Luther King Jr. Neighborhood Center just over an hour after the polls opened Tuesday morning, Nov. 3, 2020, in Yuma, Ariz. (Randy Hoeft/The Yuma Sun via AP)
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Voters arrive at the Dr. Martin Luther King Jr. to cast their vote in the general election early Tuesday morning, Nov. 3, 2020, in Yuma, Ariz. (Randy Hoeft/The Yuma Sun via AP)
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A woman walks into the St. Margaret Mary's Church, 801 N Grande Ave. to cast her ballot on November 3, 2020.
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An election worker processes early voting ballots at Pima County Elections Center, 6550 S. Country Club Rd., in Tucson, Ariz. on Nov. 3, 2020.
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An election worker processes early voting ballots at Pima County Elections Center, 6550 S. Country Club Rd., in Tucson, Ariz. on Nov. 3, 2020.
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The television news network, MSNBC, is projected onto screens at the Mark Kelly Election Night watch party for friends and family at Hotel Congress in downtown Tucson, Ariz. on November 3, 2020. Kelly is the democratic candidate for the U.S. Senate.
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Chairs are set up on the patio for friends and family at Hotel Congress for the Mark Kelly Election Night watch party in downtown Tucson, Ariz. on November 3, 2020. Kelly is the democratic candidate for the U.S. Senate.
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The sun begins to set behind a voting sign at Gideon Missionary Baptist Church, 3085 S. Campbell Ave., in Tucson, Ariz. on Nov. 3, 2020.
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Poll workers check their phones as they wait for voters at a local polling station Tuesday, Nov. 3, 2020 in Tucson, Ariz. (AP Photo/Ross D. Franklin)
Judge throws out lawsuit, finds no fraud or misconduct in Arizona election
UpdatedPHOENIX β A judge tossed out a bid by the head of the Arizona Republican Party to void the election results that awarded the stateβs 11 electoral votes to Democrat Joe Biden.
The two days of testimony produced in the case brought by GOP Chairwoman Kelli Ward produced no evidence of fraud or misconduct in how the vote was conducted in Maricopa County, said Maricopa County Superior Court Judge Randall Warner in his Friday ruling.
Warner acknowledged that there were some human errors made when ballots that could not be read by machines due to marks or other problems were duplicated by hand.
But he said that a random sample of those duplicated ballots showed an accuracy rate of 99.45%.
Warner said there was no evidence that the error rate, even if extrapolated to all the 27,869 duplicated ballots, would change the fact that Biden beat President Trump.
The judge also threw out charges that there were illegal votes based on claims that the signatures on the envelopes containing early ballots were not properly compared with those already on file.
He pointed out that a forensic document examiner hired by Wardβs attorney reviewed 100 of those envelopes.
And at best, Warner said, that examiner found six signatures to be βinconclusive,β meaning she could not testify that they were a match to the signature on file.
But the judge said this witness found no signs of forgery.
Finally, Warner said, there was no evidence that the vote count was erroneous. So he issued an order confirming the Arizona election, which Biden won with a 10,457-vote edge over Trump.
Federal court case remains to be heard
Fridayβs ruling, however, is not the last word.
Ward, in anticipation of the case going against her, already had announced she plans to seek review by the Arizona Supreme Court.
And a separate lawsuit is playing out in federal court, which includes some of the same claims made here along with allegations of fraud and conspiracy.
That case, set for a hearing Tuesday, also seeks to void the results of the presidential contest.
It includes allegations that the Dominion Software voting equipment used by Maricopa County is unreliable and was programmed to register more votes for Biden than he actually got.
Legislative leaders call for audit but not to change election results
Along the same lines, Senate President Karen Fann and House Speaker Rusty Bowers on Friday called for an independent audit of the software and equipment used by Maricopa County in the just-completed election.
βThere have been questions,β Fann said.
But she told Capitol Media Services it is not their intent to use whatever is found to overturn the results of the Nov. 3 election.
In fact, she said nothing in the Republican legislative leadersβ request for the inquiry alleges there are any βirregularitiesβ in the way the election was conducted.
βAt the very least, the confidence in our electoral system has been shaken because of a lot of claims and allegations,β Fann said. βSo our No. 1 goal is to restore the confidence of our voters.β
Bowers specifically rejected calls by the Trump legal team that the Legislature come into session to void the election results, which were formally certified on Monday.
βThe rule of law forbids us to do that,β he said.
In fact, Bowers pointed out, it was the Republican-controlled Legislature that enacted a law three years ago specifically requiring the stateβs electors βto cast their votes for the candidates who received the most votes in the official statewide canvass.β
He said that was done because Hillary Clinton had won the popular vote nationwide in 2016 and some lawmakers feared that electors would refuse to cast the stateβs 11 electoral votes for Trump, who won Arizonaβs race that year.
βAs a conservative Republican, I donβt like the results of the presidential election,β Bowers said in a prepared statement. βBut I cannot and will not entertain a suggestion that we violate current law to change the outcome of a certified election.β
Photos of the 2020 General Election voting, election night and ballot processing in Pima County, Maricopa County and throughout Arizona.



