Democrat Mark Kelly officially unveiled his 13-member transition team on Monday, as Republican Martha McSally and her campaign maintained their silence about her apparent defeat in Arizona’s record-setting Senate race.
With about 77,000 ballots left to count, McSally still trailed Kelly by more than 83,000 votes, according to the latest figures posted by the Arizona Secretary of State’s Office.
She has not yet conceded nor contacted her opponent privately, according to Kelly campaign spokesman Jacob Peters.
Mark Kelly joins Kamala Harris at a drive-in campaign event at Pima Community College West campus in Tucson on Oct. 28, 2020. Video by Mamta Popat / Arizona Daily Star
The race between the two retired combat pilots from Tucson saw more money spent and more votes cast than any congressional contest in Arizona history.
Arguably the most prominent member of Kelly’s transition team is former U.S. Rep. Ron Barber, D-Arizona, who was wounded along with Kelly’s wife, Gabby Giffords, in the Jan. 8, 2011, mass shooting in Tucson and later replaced her in Congress.
The team also includes a retired Air Force general, a Navajo community leader, a Southern Arizona rancher and border wall opponent, and the mayor of Flagstaff, among others.
The team will be headed up by Phoenix-area business leader Sharon Harper and Arizona Education Association executive director Luis Heredia.
“As I prepare for the work of representing all Arizonans in the U.S. Senate, I want Arizonans to know that I am committed to being a Senator who will work to get things done and be an independent voice for them in Washington on day one,” said Kelly in a written statement. “This team of community leaders, Republicans and Democrats, will help ensure we are successful in this next mission, serving and getting results for Arizonans.”
The former astronaut turned senator-elect has no time to waste. He could be sworn in to replace McSally as soon as Arizona’s election results are certified on Nov. 30 under federal rules that call for midterm election winners to be seated right away.
Kelly will serve out the remainder of Sen. John McCain’s final term, which runs through January 2023.
Neither McSally nor her campaign have spoken about the election results since last week, when campaign spokeswoman Caroline Anderegg said they were continuing to monitor returns.
“The voters of Arizona decide this election, not media outlets,” Anderegg said in a post early Wednesday morning, after the Associated Press called the race for Kelly.
McSally hasn’t issued a statement nor posted on Twitter since Election Day.
Anderegg did not respond to a request for comment on Monday.
McSally was appointed to McCain’s seat by Gov. Doug Ducey in December 2018, about a month after she lost her bid for Arizona’s other Senate seat to Kyrsten Sinema.
Kelly said his transition team will meet regularly and advise him on priorities important to Arizonans. The team will also work to assemble advisory groups during his first 100 days in office.
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.
Ballot processing in Pima County
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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.
Ballot processing in Pima County
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Workers process ballots as the count goes on at the Pima County Elections Center, Tucson, Ariz., November 5, 2020.
Ballot processing in Pima County
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An election worker looks over some ballots being processed at the Pima County Elections Center, Tucson, Ariz., November 5, 2020.
Ballot processing in PIma County
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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
Ballot processing in PIma County
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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
Ballot processing in PIma County
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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.
Ballot processing in PIma County
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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
Ballot processing, Pima County
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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.
Ballot processing, Pima County
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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.
Ballot processing, Pima County
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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.
Election Day, Pima County and Arizona, 2020
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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.
Election Day, Pima County and Arizona, 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.
Election Day, Pima County and Arizona, 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.
Election 2020 Senate Kelly
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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.
Election 2020 Senate Kelly
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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)
Election Day, Pima County and Arizona, 2020
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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.
Election Day, Pima County and Arizona, 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.
Election Day, Pima County and Arizona, 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.
Election Day, Pima County and Arizona, 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.
Election Day, Pima County and Arizona, 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.
Election Day, Pima County and Arizona, 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)
Election Day, Pima County and Arizona, 2020
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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.
Election Day, Pima County and Arizona, 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.
Election 2020 Arizona Voting
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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.
Election 2020 Arizona Voting
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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.
Election 2020 Arizona Voting
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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.
Election Day, Pima County and Arizona, 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.
Election Day, Pima County and Arizona, 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.
Election Day, Pima County and Arizona, 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.
Election Day, Pima County and Arizona, 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.
Election 2020 Arizona Voting
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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)
Election 2020 Arizona Voting
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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)
Election Day, Pima County and Arizona, 2020
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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.
Election Day, Pima County and Arizona, 2020
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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.
Election Day, Pima County and Arizona, 2020
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Voters put on masks outside the Avra Valley Fire District Station 191 before casting ballots, on Nov. 3, 2020.
Election Day, Pima County and Arizona, 2020
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A voter prepares a ballot outside the Avra Valley Fire District Station 191 polling place, on Nov. 3, 2020.
Election 2020 Arizona Voting
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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.
Election 2020 Arizona Voting
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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.
Election 2020 Arizona Voting
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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.
Election Day, Pima County and Arizona, 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
Election Day, Pima County and Arizona, 2020
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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
Election Day, Pima County and Arizona, 2020
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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)
Election Day, Pima County and Arizona, 2020
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A voter, November 3, 2020, at the Islamic Center polling place, 12125 E Via Linda, Scottsdale, Arizona.
Election Day, Pima County and Arizona, 2020
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Voters wait in line, November 3, 2020, at the Tempe History Museum polling place, 809 E. Southern Ave., Tempe.
Election Day, Pima County and Arizona, 2020
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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)
Election Day, Pima County and Arizona, 2020
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Voters stand in line outside a polling station, Tuesday, Nov. 3, 2020, in Mesa, Ariz. (AP Photo/Matt York)
Election Day, Pima County and Arizona, 2020
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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)
Election 2020 Arizona Voting
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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)
Election 2020 Arizona Voting
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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)
Election 2020 Arizona Voting
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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.
Election 2020 Arizona Voting
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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.
Election 2020 Arizona Voting
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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.
Election Day, Pima County and Arizona, 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.
Election Day, Pima County and Arizona, 2020
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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.
Election Day, Pima County and Arizona, 2020
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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.
Election Day, Pima County and Arizona, 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 — A judge tossed out a bid by the head of the Arizona Republican Party to void the election results that awarded the state’s 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 Ward’s attorney reviewed 100 of those envelopes.
And at best, Warner said, that examiner found six signatures to be “inconclusive,” 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
Friday’s 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.
“There have been questions,” 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 leaders’ request for the inquiry alleges there are any “irregularities” in the way the election was conducted.
“At the very least, the confidence in our electoral system has been shaken because of a lot of claims and allegations,” Fann said. “So our No. 1 goal is to restore the confidence of our voters.”
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.
“The rule of law forbids us to do that,” he said.
In fact, Bowers pointed out, it was the Republican-controlled Legislature that enacted a law three years ago specifically requiring the state’s electors “to cast their votes for the candidates who received the most votes in the official statewide canvass.”
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 state’s 11 electoral votes for Trump, who won Arizona’s race that year.
“As a conservative Republican, I don’t like the results of the presidential election,” Bowers said in a prepared statement. “But I cannot and will not entertain a suggestion that we violate current law to change the outcome of a certified election.”
Photos of the 2020 General Election voting, election night and ballot processing in Pima County, Maricopa County and throughout Arizona.
