Arizona finally got its 11 electoral votes for President-elect Joe Biden counted late Wednesday after Congress reconvened, and after a majority of federal lawmakers rejected claims that the tally here was unreliable.
The ratification of Biden’s 10,457-vote victory in Arizona came after just six senators refused to accept the results.
In the House, the number refusing was larger, at 121. But that compares with 303 who found the objection led by Arizona Republican U.S. Reps. Paul Gosar and Andy Biggs to be not credible.
Foes of the state’s certified election results raised a series of arguments, but the story behind each is more complex.
Biggs in particular cited what he said were 32,000 illegal votes.
What actually happened is a federal judge agreed with two groups who said the pandemic interfered with their ability to register Arizonans to vote by the Oct. 5 deadline. The judge extended the voter registration cutoff to Oct. 23 for everyone.
That decision was overturned by the 9th U.S. Circuit Court of Appeals. But a majority of the three-judge panel said anyone who had registered in the interim could vote in the Nov. 3 general election.
Biggs said that was “without justification” and that the inclusion of those voters makes the results of the entire election suspect.
The actual tally of people registered in that period according to the Secretary of State’s Office was 35,134.
What Biggs did not say is that more Republicans signed up during that period than Democrats: 10,922 versus 8,292. There also were 15,422 independents and 498 Libertarians.
Federal lawmakers seeking to disallow the results and demand an audit argued that it’s irrelevant that state and federal judges rejected various claims of fraud and irregularity. They said these lawsuits were tossed on technical grounds and that courts never actually addressed the merits of the allegations.
That fails to tell the whole story.
Consider the claim of the Arizona Republican Party over the audit procedures used in Maricopa County.
Party lawyers argued Arizona law requires the sampling of ballots of 2% of precincts to compare the machine tally with a hand count. Instead, the county, and some other counties, — audited the ballots of 2% of vote centers, centralized locations where anyone could cast a ballot rather than going to his or her home precinct.
The party waited far too long to bring its suit, said Maricopa County Superior Court John Hannah.
He pointed out that Maricopa County used voting centers in the presidential preference election in March and in the state’s primary election in August — and that the party didn’t object to the audit procedures in either case. In fact, Hannah said, the state GOP did not raise any concerns ahead of the Nov. 3 general election even though the county informed Republican and Democratic party officials about the upcoming audit process.
Even if that were not the case, Hannah said the challengers were misreading the law.
In a separate case, a federal judge dismissed the claims of the 11 would-be Republican electors who sued Republican Gov. Doug Ducey and tried to have the results thrown out based on claims that Democratic Secretary of State Katie Hobbs conspired with various foreign and domestic individuals and companies to manipulate the results and allow Biden to win.
U.S. District Judge Diane Humetewa said federal courts can hear cases only in which challengers have standing. That requires the challengers to show an actual injury, that the injury is fairly traceable to the conduct they are challenging, and that their injury could be addressed by a favorable court ruling, the judge said.
In this case, she said, the 11 suffered no injury as they, themselves, were not candidates for office but, under Arizona law, have a purely “ministerial function” to cast their ballots for the presidential candidate who got the most votes.
Humetewa did not ignore the underlying claims. “The allegations they put forth to support their claims of fraud fail in the particularity and plausibility,” she wrote.
“Plaintiffs append over 300 pages of attachments, which are only impressive for their volume,” Humetewa said. “The various affidavits and expert reports are largely based on anonymous witnesses, hearsay, and irrelevant analysis of unrelated decisions.”
Other courts also looked at the various allegations and found them lacking.
Kelli Ward, who chairs the Arizona Republican Party, complained about what happens when ballots are rejected by counting machines because they have stray marks, are damaged, or an individual appears to vote for more than one person for an office.
That requires the ballots to be “adjudicated” by election workers, one from each political party, to determine the intent of the voter. That adjudication panel then prepares a new ballot, reflecting the consensus, that can be fed through counting machines.
Ward produced witnesses who said they saw errors in the process, claiming that ballots that should have been marked for President Trump were instead prepared for Biden, or otherwise altering them so that Trump would not get the vote.
Maricopa County Superior Court Judge Randall Warner ordered inspections of more than 1,600 of these adjudicated ballots. That review found nine errors, seven cases where the vote should have gone to Trump and two where it should have gone to Biden.
Ward argued that amounts to an error rate of slightly more than 0.5% in a race where the difference between the candidates statewide was just 0.3% of the total.
But Warner concluded — and the Arizona Supreme Court agreed — that error rate applies only to the 27,859 duplicated ballots in Maricopa County. And at best, he said, it added no more than 155 votes for Trump, far short of what would be needed to change the outcome.
Ward argued that she would have been able to prove greater error had she been allowed to examine every adjudicated ballot in the state. But the trial judge said time had run out because of the federal law setting Dec. 14 as the date Arizona’s 11 electors would cast their votes.
Closely related was the “Sharpiegate” lawsuit claiming that pens used at Maricopa County vote centers bled through to the other side of the two-sided ballot and changed votes. But the state Attorney General’s Office concluded there was no basis to believe ballots were left uncounted based on a bleed-through of ink.
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.
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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.
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.
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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.
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.
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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.
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.
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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.
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)
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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.
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.
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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.
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.
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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.
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
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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)
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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)
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.
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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.



