PHOENIX — Gov. Doug Ducey is refusing to condemn those making unsubstantiated claims of election fraud even as he defends the lawsuit filed by the president challenging procedures used to tabulate ballots in the state's largest county.
In a prepared statement Monday, the governor said that "some results remain unclear" as votes are still being tallied. As of late Monday, there were fewer than 62,000 ballots that had not yet been tabulated.
The latest count also showed Biden continuing to run ahead of Trump, though the margin has slipped to fewer than 15,000.
Another big dump of numbers should come late Tuesday. That's the deadline for people to "cure" problems with their original ballots.
Some involve verifying a signature on an envelope that does not match what is on file.
There also are Arizonans who have to come to county offices before 5 p.m. on Tuesday to provide the proof of identity they did not have when they showed up at the polls on Election Day. They were given "provisional" ballots which will be tabulated only with proper ID.
If Biden maintains the lead, that leaves the incumbent with only the hope that a judge will order a new count of certain ballots that his attorney say may not have been properly tabulated.
"The president, just like any other candidate, has the right to all available legal challenges and remedies," the governor said. "We are confident they will be properly adjudicated."
But Ducey has said nothing to date about the demonstrators outside the Maricopa County offices where the ballots are being counted.
Nor has he commented about statement from officials of his own Republican Party that have fueled the contention that something illegal is going on.
There are multiple examples.
"We have the activists that will not allow this race to be stolen from President Trump or from Republicans all the way down the ballot," state party chair Kelli Ward said at a rally last week.
Congressman Paul Gosar has said in a Twitter post that he rejects the reported returns.
"Any claim Biden has won is illegitimate," he wrote. "We cannot accept the theft of the presidency."
And Congressman Andy Biggs said "the Left is assiduously stealing the presidency."
"We must not acquiesce to those efforts," he said in his own Twitter post.
There also are the president's own claims of fraud.
Gov. Ducey is defending how elections are run and the counting is handled, even if he is not actually calling out those who have claimed there is fraud.
"The governor has repeatedly and unequivocally supported Arizona's elections processes," Ptak said.
"He's been clear that we're following election law 'to the letter' in Arizona," he continued. "We want to see all ballots counted and will respect the results."
Meanwhile, Maricopa County Superior Court Judge Daniel Kiley set a hearing for this coming Thursday on claims by the Trump campaign and the national and state Republican parties that some votes were not recorded. That is based on claims that poll workers misinformed voters about what they should do when the automatic tabulating equipment would not tally their ballots.
Challengers want a review of ballots cast in at polling places in Maricopa County — and one done with members of the public watching.
But questions remain about whether that's even a legal option.
Attorneys for the county argued there is no authority for such a recount. And in any event, they said making that request now, after the election — and after most of the ballots already have been tabulated — comes too late.
Photos: Election protests in Phoenix
Election protests in Phoenix
UpdatedElection protests in Phoenix
UpdatedElection protests in Phoenix
UpdatedElection protests in Phoenix
UpdatedElection protests in Phoenix
UpdatedElection protests in Phoenix
UpdatedElection protests in Phoenix
UpdatedElection protests in Phoenix
UpdatedElection protests in Phoenix
UpdatedElection protests in Phoenix
UpdatedElection protests in Phoenix
UpdatedElection protests in Phoenix
UpdatedTrump campaign files suit in Arizona as vote gap narrows
UpdatedPHOENIX — Arizona Republicans are still hoping to pull out a “win” for President Trump, even if it doesn’t end up mattering on the national level — and even if it takes going to court.
The Trump reelection committee and the state and national Republican parties filed suit Saturday contending that procedures used in Maricopa County resulted in some voters’ ballots not being tallied. They want a judge to bar the election results from being certified until certain disputed ballots are reviewed.
The lawsuit comes as the latest tallies Saturday added 32,478 new votes in Arizona for the president over Friday night’s figures, compared to 23,835 for Democrat Joe Biden.
That put Trump within about 21,000 votes of taking the lead.
More to the point for Republicans, the daily spread gives the president about 57.7% of the votes between him and Biden. That is close to a rate that, if it continues, is enough to make up the difference by the time all the votes are counted, GOP officials contend.
But it’s going to be close.
There were only about 118,000 votes yet to be tallied.
If Trump continues at that 57.7% rate, he would get about 68,170 of those votes. That would bring his total to slightly more than 1.674 million.
Conversely, Biden getting 42.3% of what’s left would add about 49,974 to his total and put him over 1.677 million — about a 2,000-vote edge.
And that doesn’t account for the fact that Libertarian Jo Jorgensen has been pulling in about 1.5% of all the votes cast in the state.
Arizona GOP spokesman Zach Henry said Saturday that, as far as the party is concerned, nothing has changed from Thursday or Friday when party Chair Kelli Ward argued there is a path to victory for the president. In fact, he said, the Saturday numbers only “reinforce it.”
But that didn’t stop the party from filing suit.
The litigation concerns what happens when automated equipment at polling locations rejects a ballot due to defects, stray marks or other problems.
Voters have an option to cast a new ballot. They also can deposit it into a separate drawer within the device, with the idea that people working at the counting center will review it and determine the voter’s intent.
But Republicans’ attorney Kory Langhofer said what has happened is that some voters, based on advice from poll workers, simply chose to have the problematic ballots submitted as is, meaning no further review.
What that means, he said, is that if a field on the ballot contains what the machinery considers a defect or irregularity, the voter’s intended selections will not be tabulated “even if the voter’s intent could be discerned by a visual review of the ballot.”
Langhofer wants a judge to order a visual review of those ballots once they are identified.
There was no immediate response from Maricopa County Recorder Adrian Fontes.
Democrats declare Arizona for Biden
Democrats, for their part, were more than anxious to declare victory.
“Arizona has delivered its 11 Electoral College votes to now President-elect Joe Biden,” said state Democratic Party Chair Felecia Rotellini in a prepared statement Saturday.
Election department employees process and verify ballots from the 2020 General Election at the Pima County Election Center in Tucson on Nov. 2…
“We are a part of the broadest coalition ever assembled by a Democratic presidential nominee in Arizona,” she said. “We built the kind of team we needed to succeed.”
A Biden win in Arizona would be a Democrat’s first in a presidential race in 24 years.
Rotellini also celebrated that Arizona will have two Democratic U.S. senators, something that hasn’t occurred in more than half a century — when Harry Truman was president. Mark Kelly halted Martha McSally’s bid to keep the Senate seat she got last year from Gov. Doug Ducey that used to belong to John McCain.
Kelly, however, gets just the last two years of McCain’s original term before he has to seek reelection in 2022.
The presidential and Senate races were in many ways linked in Arizona.
McSally banked on her loyalty to Trump to carry her over the top. But as it ended up, she got fewer votes in Arizona than the president.
Ducey defended his 2018 decision to name McSally to the vacant post on the heels of her having just lost that year’s Senate election to Democrat Kyrsten Sinema.
“The governor is very proud of his appointment,” Ducey press aide Patrick Ptak told Capitol Media Services. He called McSally “an exceptional public servant who has delivered again and again for her constituents.”
Mixed results in down-ticket races
Neither Democrats nor Republicans managed to flip any U.S. House seats in Arizona, with the five incumbent Democrats and four Republicans winning reelection.
Democrats had high hopes of unseating Rep. David Schweikert, who was fined $50,000 for multiple ethics violations.
His win was an example of how Arizona Democrats’ overall goals for the election were less successful down-ticket than at the top of the ballot.
Their hopes of taking control of the Arizona House — or even picking up a single seat to get a 30-30 tie with Republicans — quickly faded.
In the state Senate, meanwhile, one close race in north-central Phoenix and Paradise Valley remains to be decided. But even if Democrat Christine Marsh defeats incumbent Republican Kate Brophy McGee there, it would still leave Republicans with a 16-14 edge in the Senate.
Further down the ticket, Maricopa County Recorder Fontes, a Democrat, was running about 2,500 votes behind Republican challenger Stephen Richer.
Rotellini said she was not discouraged by the results. “I think we held our own,” she said Saturday.
“I will agree that we weren’t as successful as we thought we would be,” she said. “And that means we need to go back and recalibrate, study the data and see where we excelled and where we could have had opportunities but didn’t.”
Why Arizona might still matter for Trump
One reason that Republicans are continuing to fight in the Arizona presidential race is that the results here could become meaningful if there is litigation in Pennsylvania that wipes out the 20 electoral votes that apparently went to Biden on Saturday.
An order by Justice Samuel Alito required election officials in Pennsylvania to separate out the ballots that came in after Election Day.
The Pennsylvania Supreme Court had earlier ruled that any ballot postmarked by the deadline should be counted. But the Trump campaign contends the U.S. Constitution empowers only the state legislature to make such decisions.
Alito did not forbid the state from counting those late-arriving ballots. But it opens the door for them being removed from the totals should the full high court side with the Republicans.
Also still in play as of Saturday were the 16 electoral votes from Georgia, where Biden was last leading, and 15 in North Carolina, where Trump was ahead.
PHOENIX — With President Donald Trump's reelection hopes looking worse by the hour, pro-Trump demonstrators held rallies in critical battlegro…