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
UpdatedBallot processing in Pima County
UpdatedBallot processing in Pima County
UpdatedBallot processing in Pima County
UpdatedBallot processing in PIma County
UpdatedBallot processing in PIma County
UpdatedBallot processing in PIma County
UpdatedBallot processing in PIma County
UpdatedBallot processing, Pima County
UpdatedBallot processing, Pima County
UpdatedBallot processing, Pima County
UpdatedElection Day, Pima County and Arizona, 2020
UpdatedElection Day, Pima County and Arizona, 2020
UpdatedElection Day, Pima County and Arizona, 2020
UpdatedElection Day, Pima County and Arizona, 2020
UpdatedElection 2020 Senate Kelly
UpdatedElection 2020 Senate Kelly
UpdatedElection Day, Pima County and Arizona, 2020
UpdatedElection Day, Pima County and Arizona, 2020
UpdatedElection Day, Pima County and Arizona, 2020
UpdatedElection Day, Pima County and Arizona, 2020
UpdatedElection Day, Pima County and Arizona, 2020
UpdatedElection Day, Pima County and Arizona, 2020
UpdatedElection Day, Pima County and Arizona, 2020
UpdatedElection Day, Pima County and Arizona, 2020
UpdatedElection Day, Pima County and Arizona, 2020
UpdatedElection 2020 Arizona Voting
UpdatedElection 2020 Arizona Voting
UpdatedElection 2020 Arizona Voting
UpdatedElection Day, Pima County and Arizona, 2020
UpdatedElection Day, Pima County and Arizona, 2020
UpdatedElection Day, Pima County and Arizona, 2020
UpdatedElection Day, Pima County and Arizona, 2020
UpdatedElection 2020 Arizona Voting
UpdatedElection 2020 Arizona Voting
UpdatedElection Day, Pima County and Arizona, 2020
UpdatedElection Day, Pima County and Arizona, 2020
UpdatedElection Day, Pima County and Arizona, 2020
UpdatedElection Day, Pima County and Arizona, 2020
UpdatedElection 2020 Arizona Voting
UpdatedElection 2020 Arizona Voting
UpdatedElection 2020 Arizona Voting
UpdatedElection Day, Pima County and Arizona, 2020
UpdatedElection Day, Pima County and Arizona, 2020
UpdatedElection Day, Pima County and Arizona, 2020
UpdatedElection Day, Pima County and Arizona, 2020
UpdatedElection Day, Pima County and Arizona, 2020
UpdatedElection Day, Pima County and Arizona, 2020
UpdatedElection Day, Pima County and Arizona, 2020
UpdatedElection Day, Pima County and Arizona, 2020
UpdatedElection 2020 Arizona Voting
UpdatedElection 2020 Arizona Voting
UpdatedElection 2020 Arizona Voting
UpdatedElection 2020 Arizona Voting
UpdatedElection 2020 Arizona Voting
UpdatedElection Day, Pima County and Arizona, 2020
UpdatedElection Day, Pima County and Arizona, 2020
UpdatedElection Day, Pima County and Arizona, 2020
UpdatedElection Day, Pima County and Arizona, 2020
UpdatedJudge 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.