PHOENIX โ Three weeks after the election and nearly a week after all votes were tallied, Gov. Doug Ducey for the first time acknowledged Tuesday that Joe Biden won the race for president in Arizona and is entitled to the stateโs 11 electoral votes.
โI trust our election system,โ Ducey said in an interview with conservative radio talk show host Mike Broomhead.
โThereโs integrity in our election system,โ Ducey continued. โJoe Biden did win Arizona.โ
And the governor said he anticipates final certification of the results this coming week.
But Ducey has yet to criticize any members of his own party who continue to allege fraud in the election and seek to overturn the results in Arizona.
That includes Kelli Ward, chair of the Arizona Republican Party, who continues to insist there are irregularities that need to be investigated. And Rep. Mark Finchem, R-Oro Valley, who wants a special legislative session to โtake evidence and make a decision on whether fraud corrupted our 2020 elections.โ
As recently as last week, the governor refused to acknowledge the results even as he said he had seen not evidence of โwidespread fraud or irregularityโ in the conduct of the Arizona election though he โheard about it.โ But he pointed out at the time that there were still lawsuits pending by President Trump and his supporters challenging the results.
All those existing claims have now been resolved.
The ruling on one of those challenges cleared the way for Maricopa County supervisors on Friday to formally certify the results of the vote. It showed Biden gaining more than 45,000 more votes than Trump in the stateโs largest county, providing a crucial margin that helped him take the state by fewer than 11,000 votes.
On Monday, Mohave County supervisors, who initially had balked at their own certification, followed suit, with all 15 Arizona counties now having official tallies.
That leaves only for the formal state โcanvass,โ set for this coming Monday, to make the results official. Ducey is required by state law to sign that certification, along with the secretary of state and the chief justice of the Arizona Supreme Court.
There is still the possibility of litigation.
State law allows for post-canvass challenges within five days. But the grounds for bringing such a lawsuit more narrow than the already-dismissed claims which have centered on the procedures at polling places on Election Day and questions about the reliability of voting machines and their tallies.
Acceptable reasons for challenging the declared results of an election include misconduct on the part of election boards or those participating in the canvass, someone who was elected being ineligible for office, or bribes.
There is, however, one catch-all that could give challengers access to the courts: claims of โillegal votes.โ That has been one of the presidentโs main claims, that results were changed by illegal ballots.
Trump attorney Rudolph Giuliani last week said he intends to file suit in Arizona along with other states. But there has been nothing brought to court so far.
โAny legal challenges that are going to come, those go through the courts,โ Ducey said Tuesday. But he said that the formal certification will happen as scheduled.
Any post-canvass lawsuit would have to be resolved quickly.
Federal law requires any recounts or legal challenges in presidential races to be completed by Dec. 8. The Electoral College votes six days later.
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