Sen. Kelly Townsend explains Thursday why she won't support legislation proposed by Sen. Michelle Ugenti-Rita, behind her, to impose new limits on the Arizonans' ability to stay on the permanent early voting list.
PHOENIX — Efforts to strip early voting ease from potentially hundreds of thousands of Arizonans stalled Thursday amid a spat between two Senate Republicans.
Kelly Townsend of Mesa had supported Senate Bill 1485 when it was approved on a party-line vote in committee. But Townsend said she could not provide the required 16th vote in the 30-member Senate because she does not think the bill goes far enough.
Townsend, who has called results of the 2020 election “tainted,’’ said she wants more fixes, including ones she proposed but that never got to the Senate floor.
That refusal resulted in Michelle Ugenti-Rita of Scottsdale, sponsor of the bill, saying Townsend was throwing a “temper tantrum.’’
But Townsend said she’s not trying to kill the proposal.
She said she wants lawmakers to keep SB 1485 on ice until completion of an audit of the results of the 2020 general-election returns from Maricopa County. Those results will tell lawmakers what needs to be fixed in election laws, she said.
That review, including a hand count of all 2.1 million ballots, began Thursday after county election officials delivered the ballots and the counting machines to Veterans Memorial Coliseum as demanded by a Senate subpoena.
The results are not expected to be completed much before the end of May, and the legislative session could be done by then if lawmakers can approve a state budget.
Townsend said she doesn’t care if that means lawmakers have to remain at the Capitol. She said lawmakers can’t wait until next year to make any fixes, as any changes likely could not take effect before the August 2022 primary.
What the changes would do
Under current law, once someone signs up for the permanent early voting list they continue to get ballots by mail every election until they are no longer registered to vote.
SB 1485 sought to remove people from the list who had not used their early ballots in at least one of the two prior election cycles.
They would remain registered to vote. But they would have to go to the polls in person or request to be put back on the list.
Democrats said that harms people who may have little interest in voting until they find a candidate or issue of concern. They provided figures showing that if this measure had been in effect in 2020, more than 200,000 people would not have received an early ballot based on failure to use it in 2016 or 2018.
Foes of the bill said an analysis of who would be affected suggests political motives, as they claim it would reduce voting by minorities who are more likely to back Democrats.
The measure already had been approved once by the Senate but required a final vote to ratify changes made in the House. Then Townsend balked.
“I know that the senator is upset that some of her bills died in committee,’’ Ugenti-Rita said. “It’s disappointing to be on the receiving end of someone’s temper tantrum.’’
“You want to see a temper tantrum?”
Townsend bristled at that description. But she conceded there is some truth behind what Ugenti-Rita said.
“Absolutely I am upset about all of my election bills dead, absolutely,’’ she said. “You want to see a temper tantrum? I can show you one if you really want.’’
Townsend already has identified what she believes are problems with election laws.
For example, she said more than 11% of ballots cast in Maricopa County had to be “adjudicated.’’ That means humans had to examine the ballot, whether due to stray marks or votes for more than one candidate in a race, to determine the voter’s true intent.
By contrast, Townsend said, the adjudication figure elsewhere in Arizona is less than 2%. “We need to know why,’’ she said.
She had her own proposals. One said people could get early ballots in the mail but they had to return them in person. She also wanted the state auditor general to review all the voting equipment annually in at least the two largest counties.
Neither got a hearing.
A bill to require all election equipment to be made in the United States and to prohibit results from being transmitted to a foreign country did get out of the Senate but died in the House.
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 — 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.”