Arizona Secretary of State Katie Hobbs said the election was run using laws established by the Republican controlled Legislature. She rejected request to test voting machines.
Karen Fann, Senate president, has asked the state to test voting machines.
Capitol Media Services
Karen Fann, Senate president, has asked the state to test voting machines.
Arizona Secretary of State Katie Hobbs said the election was run using laws established by the Republican controlled Legislature. She rejected request to test voting machines.
PHOENIX โ Senate President Karen Fann is seeking an independent analysis of the testing of Arizona voting machines.
In a letter to Secretary of State Katie Hobbs, the Prescott Republican said she is not claiming there was fraud in the just-completed election.
โBut many others are making that claim,โ Fann said. And she contends that the outside review will put the โcurrent controversyโ to rest.
But Hobbs said Fann, while professing no belief in fraud, is herself trafficking in conspiracy theories by even suggesting that an extra โ and legally unrequired โ step is necessary to quell rumors.
โIt is patently unreasonable to suggest that, despite there being zero credible evidence of any impropriety or widespread irregularities, election officials nonetheless have a responsibility to prove a negative,โ she wrote Tuesday in a response to Fann.
โTo be clear, there is no โcurrent controversyโ regarding elections in Arizona, outside of theories floated by those seeking to undermine our democratic process for political gain,โ Hobbs said. โElected officials should work to build, rather than damage, public confidence in our system.โ
And the secretary left no doubt about what she intends to do.
โI respectfully decline your request to push aside the work that remains to be done to ensure an orderly completion of this election and instead launch and fund with taxpayer dollars a boundless โindependentโ evaluation of โall data related to the tabulation of votes in the 2020 General Election,โโ Hobbs wrote.
Fann told Capitol Media Services thereโs nothing improper about her request, even absent any proof of fraud.
โThere are a lot of questions that the voters have,โ she said. โAnd for the integrity of our democracy, why wouldnโt we want to get to the bottom of these questions?โ
And if thereโs nothing there, Fann said, โletโs find out what they are and either put them to bed or get those questions answered.โ
Hobbs said everything being done follows the election laws as established by the Republican-controlled Legislature.
She pointed out the equipment used to tabulate votes can be used only if first certified by the U.S. Election Assistance Commission and her own office, after review by a special Stateโs Equipment Certification Advisory Committee.
Then there are โlogic and accuracyโ tests on each piece of equipment โ tests that need to be done in public โ both before and after the election to ensure the machines are properly recording votes.
And there even is a law that requires that 2% of the ballots from select precincts be counted by hand to ensure the tally matches what the machine has spit out. And that is open to party officials who even can video record the process.
All that, Hobbs said, was made public for months before the election.
โItโs not like weโre trying to hide anything,โ Hobbs said. โIf the public right now is deciding, โOh, we need to do something else,โ itโs because they werenโt paying attention โ or they chose not to.โ
Fann, however, said itโs not that simple.
โIsnโt it our duty and our responsibility to answer to our constituents and give them that comfort level of we are going to look into whatever their concerns are,โ she said. โAnd if they are false or there is misinformation, then we should correct that for them.โ
Still, Fann acknowledged it is the Legislature that crafted the election laws, including the security features. And it was never thought necessary to require the kind of outside audit that she now wants.
The Senate president said she would be asking the same questions if the tally was showing Trump had won Arizona and she had been approached by Biden supporters who said they had observed irregularities at the polls.
Photos: 2020 General Election in Pima County and Arizona
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Judge throws out lawsuit, finds no fraud or misconduct in Arizona election
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PHOENIX โ A judge tossed out a bid by the head of the Arizona Republican Party to void the election results that awarded the stateโs 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 Wardโs attorney reviewed 100 of those envelopes.
And at best, Warner said, that examiner found six signatures to be โinconclusive,โ 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
Fridayโs 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.
โThere have been questions,โ 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 leadersโ request for the inquiry alleges there are any โirregularitiesโ in the way the election was conducted.
โAt the very least, the confidence in our electoral system has been shaken because of a lot of claims and allegations,โ Fann said. โSo our No. 1 goal is to restore the confidence of our voters.โ
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.
โThe rule of law forbids us to do that,โ he said.
In fact, Bowers pointed out, it was the Republican-controlled Legislature that enacted a law three years ago specifically requiring the stateโs electors โto cast their votes for the candidates who received the most votes in the official statewide canvass.โ
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 stateโs 11 electoral votes for Trump, who won Arizonaโs race that year.
โAs a conservative Republican, I donโt like the results of the presidential election,โ Bowers said in a prepared statement. โBut I cannot and will not entertain a suggestion that we violate current law to change the outcome of a certified election.โ