PHOENIX — A group of largely unidentified individuals is asking the Arizona Supreme Court to void the 2018 and 2020 election returns, ranging from governor and some legislators to sheriffs of Pima and Maricopa counties.
And they want the justices then to install them as replacements.
Their often-rambling 26 pages of legal arguments and 116 pages of exhibits contend the equipment used at both elections was not properly certified. The lawsuit claims that makes the election results unreliable and void.
More to the point, they argue that once the offices are declared legally vacant, that empowers the justices to name replacements. And they contend they are the ones who should be put in place, at least until a properly run special election could be called.
It isn’t just the last two statewide elections they contend are flawed. The plaintiffs also want the justices to overturn the 2019 Tucson city election, specifically citing Democratic Mayor Regina Romero’s election.
The lawsuit, filed without an attorney, asks the justices to keep their names and personal information secret “due to a reasonable concern for their safety.’’
Instead, it is filed under the banner of “We the People of the State of Arizona, ex rel.’’ That is an abbreviation of the legal term “ex ralatione,’’ meaning their intent is to file on behalf of the state of Arizona.
Only one name is disclosed: Rayana B. Eldan, who lists herself as the “representative voice’’ for the legal filing. The only contact is an email address.
The only response to an email to Eldan in turn referred questions to an email account operated by Daniel Wood, who was a Republican candidate for Congress last year. He did not immediately respond to questions.
But Eldan, in her filing, did tell the justices that if they take up the case the names will have to be disclosed, though she requested that other personal information such as addresses and birth dates remain off limits to public view.
One thing the lawsuit does not seek is a reversal of the state’s 11 electoral votes going to Joe Biden. That likely is beyond the reach of Arizona courts.
Meanwhile, at Senate audit
Legal battles still could be in the offing on other fronts, as the state Senate was moving Monday to issue subpoenas for the five Maricopa County supervisors and a top county election official, demanding that they produce certain passwords for counting equipment used in 2020 at voting centers.
That equipment, having been produced after an earlier subpoena, now is being examined at Veterans Memorial Coliseum in Phoenix by Cyber Ninjas, the firm hired by Senate President Karen Fann, R-Prescott, to review the conduct of the 2020 general election.
Senators also want Cyber Ninjas to have access to the county’s computer router system, something that would allow them to trace contacts not only among county computers but also any computer traffic to or from outside sources. County officials, acting at the behest of Sheriff Paul Penzone, have said complying would endanger law enforcement operations as the routers include traffic beyond the recorder’s office and election department.
“The attention it deserves’’
Every legal challenge to the 2020 results has been thrown out of court.
The lawsuit filed at the high court contends state and federal laws about the conduct of elections and the certification of equipment were not followed.
The plaintiffs assert that means all members of the executive branch are holding office illegally, so they can’t be the ones to name replacements if the justices agree. “Therefore it falls to the court to appoint.’’
What the lawsuit ignores is that Chief Justice Robert Brutinel and Justices Andrew Gould and John Lopez themselves were on the 2020 ballot to be retained. And the 2018 ballot included Clint Bolick and John Pelander, the latter having since retired.
There also is no explanation of why, while alleging all results are invalid, only certain elected officials were named as defendants whose offices should be declared vacant.
For example, it seeks the ouster of just four representatives: Republicans Rusty Bowers and Travis Grantham and Democrats Randall Friese and Domingo DeGrazia (whose name they misspelled). And the only senators challenged are Democrats Victoria Steele and Kirsten Engel, here, too, with a misspelled name.
And the list of those statewide officers to be replaced skips over Republican Attorney General Mark Brnovich.
One possible explanation is the bid by the challengers to get the justices to install them as replacements.
“Petitioners were not groomed for office nor intended to hold public office, and yet all are competent citizens who meet the constitutional requirements for each position challenged,’’ they state. That suggests they have only plaintiffs who live in certain legislative districts. And the position of attorney general requires that someone be authorized to practice law in Arizona.
A spokeswoman for Democratic Secretary of State Katie Hobbs, who is named in the filing, said it will “get all the attention it deserves.’’
A bobcat kitten found a snake in the backyard of a Tucson home and couldn't resist a tussle. The bobcat was born several months prior near the home. Video by Eric Schaffer.
Aerial photos of Tucson, Pima County, in 1980
Swan Road and Sunrise Drive in February, 1980. The new Safeway Plaza is bottom right. Catty-corner from the Safeway, a Burger King restaurant is under construction. Across the street, land bladed for a Valley National Bank (now Chase Bank), a restaurant, retail and apartments. The old Rural Metro fire station is behind the street mall at top right.
Oracle Road (left to right) and Ina Road in February, 1980. There were gas stations on three corners of the intersection. All have been demolished. The venerable Casas Adobes Plaza is lower right, now anchored by Whole Foods. The open land at upper right is now the Safeway Plaza. The bank on the corner is still there, but the existing buildings to the right were demolished to make way for parking for the new plaza. Lower left is the property for the Haunted Bookshop, now Tohono Chul Park.
Oracle Road and Magee Road north of Tucson in February, 1980. Plaza Escondida is at right, now anchored by Trader Joe's. The open land at bottom of the photos is now the large retail plaza anchored by Kohl's, Sprouts and Summit Hut. The Circle K (sitting alone, upper left) is now a ballroom dance studio. Note the new asphalt on Oracle Road. In 1977, the state approved a project to widen Oracle Road (a state highway) to six lanes from Ina to Calle Concordia. That may be the last time the road was paved.
Tucson Medical Center in February, 1980. The intersection of Grant and Craycroft roads is at bottom left.
O'Reilly Chevrolet (cluster of cars), then Park Mall (center left) and Broadway Road in February, 1980. The open land at top left is now Williams Centre.
The FICO pecan orchards, bisected by South Nogales Highway, looking north to Sahuarita Road in February, 1980.
Tanque Verde Road (bottom left to upper left) and Wrightstown Road in February, 1980, before the City of Tucson constructed the grade-separated interchange. The first units of the Tanque Verde Apartments are lower left. The Circle K facing Wrightstown at the intersection is now Pair-A-Dice Barbers. The large parking lot and building to the left of the Circle K was the O.K. Corral Steakhouse, which was established in 1968. It closed in 2008. It's now Borderlands Trading Company.
Corona de Tucson Baptist Church, lower right, on Houghton Road south of Sahuarita Road in February, 1980. With exception of some infill housing and a few more trees, the neighborhood looks pretty much the same.
IBM (International Business Machines) on south Rita Road, looking north to the Santa Catalina Mountains in February, 1980. In 1988, IBM began phasing out data storage products manufacturing in Tucson, resulting in the loss of nearly 2,800 workers in Tucson, part of a $600 million consolidation plan.
Tucson National Golf Course north of Tucson, looking south, in February, 1980. The Cañada del Oro Wash is at left. Magee Road goes left to right at the top of the photo. Shannon Road curves to the left at top of the photo. That open land is now home to Pima Community College and the YMCA.
