PHOENIX โ Maricopa County supervisors were served Tuesday with subpoenas from the state Senate demanding access to copies of the more than 2 million ballots cast by Maricopa County voters in the Nov. 3 election.
The subpoenas also call for access to the equipment used to tabulate those ballots and the software that ran the equipment.
They tell Maricopa County to deliver the information to Sen. Eddie Farnsworth, R-Gilbert, chairman of the Senate Judiciary Committee, before 5 p.m. on Friday, Dec. 18.
Farnsworth, whose subpoenas were issued with consent of the Senate president, said there needs to be an audit of the votes to determine if the results reported match the votes marked on the ballots. And the only way that can happen, he said, is if forensic examiners have access to everything.
Farnsworth said that doesnโt mean he expects the county to haul the equipment to his Senate offices. Instead, he said, it means the county must provide full access to auditors who can take a look at not just the equipment but also the programming.
Those auditors have yet to be selected, he said.
The subpoenas are a direct result of a six-hour hearing of the Judiciary Committee on Monday, Dec. 14, where lawmakers raised a series of questions about the conduct of the election.
Some of those dealt with procedural matters, like the level of access given to political party observers during the process of opening early ballots, comparing signatures and counting.
But the biggest questions surrounded the use of Dominion Voting Systems hardware and software and whether it could be counted on to deliver accurate results.
Farnsworth compared his effort to an audit done of voting equipment in Michigan.
โI donโt believe they ended up going into the proprietary โbase code,โ โ he said. โBut those things can be adjusted or manipulated by introducing (changes), either through a USB or some other kind of card.โ
He said that requires that auditors have access โto whatever they needโ to determine if the programming was in any way altered or whether it might just be flawed.
โThese are the experts who do this,โ he said.
The senator, who is leaving the Legislature at the end of the year, said heโs not suggesting there is fraud.
โThere may be fraud,โ he said. โBut what Iโm suggesting is if there are irregularities because of some flaw in the code or somebody tampered with the code by adding a USB drive or anything else, I just want them to have access to the information so they can do a full forensic audit.โ
And if no fraud is found, given that a federal judge in Arizona found no evidence of fraud?
โWell, that goes a long way to restore confidence in our election process,โ Farnsworth said. โAnd if we do find fraud, thatโs what we need to do is somehow identify it and see what we can do to stop it.โ
Farnsworth said while he wants digital copies of all 2 million ballots, that doesnโt mean the auditors will need to review all of them to determine if the results reported match what was marked on the ballots.
He said it will be up to auditors to determine how many they need to make them comfortable with the results.
That move comes despite statements by Scott Jarrett, the countyโs elections director, who pointed out that such a hand-count audit already was conducted by reviewing more than 47,000 ballots that were selected by officials from both political parties.
He told lawmakers that there was a 100% match between what reviewers found by looking at the ballots with what the machines tallied.
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