Election workers prepare ballots for counting at the Pima County Elections Center in 2020. An Arizona Senate panel voted late Monday to require all ballots to be counted by hand despite the concession by one Republican who supported it that it just canβt be done.
PHOENIX β A Senate panel voted to require all ballots be counted by hand, despite the concession by one Republican who supported it that it just canβt be done.
The action by the Government Committee came late Monday after various people testified about what they contend was fraud in the 2020 election when the official tally showed more Arizonans voted for Joe Biden than Donald Trump. Many Republicans have refused to accept the results despite the fact that various claims of irregularities have either been debunked outright or failed to gather corroborating evidence.
House Bill 2289 is a grab-bag of proposed changes to election laws, but there are two key provisions.
One would eliminate the opportunity of most Arizonans to cast early ballots, despite the fact that nearly 90% of those who voted in 2020 used that option. Instead, that right would be reserved for those who are in hospitals, nursing homes and those who would be out of state on Election Day.
Sen. J.D. Mesnard, R-Chandler, said he has no problem with that. He has questioned the on-demand early voting that has been the law in Arizona since 1991, saying it doesnβt have the kind of checks that occur when someone shows up at the polls and has to present identification. Instead, current law requires only that the person sign the outside of the ballot envelope, with that signature compared with others the county election officials have on file.
But Mesnard said he is having real heartburn with the other key provision: Having all ballots counted by hand, at each polling place, within 24 hours of the polls being closed at 7 p.m.
βI am having a harder time with the math,β he said.
Mesnard figures that every ballot has 70 or more individual races, from president or governor down through congressional, legislative and local offices as well as judges and various initiative measures. That means, he said, there would be something like 200 million individual races to be tabulated in Maricopa County alone.
βI donβt see how that is possible,β he said.
And Mesnard, who teaches political science courses at Arizona State University and Mesa Community College, said thatβs why he relies on machines to tabulate the results of certain tests.
But Rep. John Fillmore, R-Apache Junction, who wrote the bill, contends it is possible β with enough people.
First, he would nearly double the number of voting precincts. That, in turn, would limit the number of ballots cast at each location where the tallying would occur.
That, however, means more election workers to staff each of those locations, to say nothing of the number of people needed to actually handle each ballot and tally each race. Fillmore said itβs worth it, saying it about βour countryβs integrity and what people fought for in World War II.β
Mesnard agreed to vote for the measure β and provide the critical fourth vote in the seven-member committee β after being assured that Fillmore is willing to consider alterations before it goes to the full Senate.
Fillmore wasnβt willing to voice conspiracy theories to line up the votes the bill needs.
Whether or not election fraud occurred in 2020 is irrelevant, he told lawmakers. βThis is an issue of voter confidence.β
Nor, Fillmore said, is it a partisan issue.
βThis problemβs not a President Biden problem, this is not a President Trump problem,β he said. βThis is a problem of concern by the citizens, Joe Sixpack and Mary Lou on the block, that they need to know their voting counts and there is the integrity of it.β
However, Sen. Wendy Rogers, R-Flagstaff, contended βvoter fraud is a huge problem.β She predicted dire consequences β and election of the wrong people β unless something is done.
βIβm afraid if we donβt fix our elections now we wonβt be able to save our republic because the cheating will be so great that we wonβt be able to have the votes in our Legislature to fix it,β Rogers said.
Sen. Kelly Townsend, R-Apache Junction, rejected claims by some that killing off on-demand early voting amounts to voter suppression.
βVoter suppression is where you cast your vote and it is negated by someone elseβs vote who has cheated,β she said. βWeβre not trying to keep people from voting. We are trying to keep people from cheating.β
The measure faces an uncertain future when it goes to the full Senate, because it needs the support of all 16 Republican senators.
Aside from Mesnard wanting changes in the hand-count measure, at least two other GOP senators have voted against changes in election laws that they say are unnecessary.
Even if it survives the Senate, the bill still needs to go to the House, which has not considered its contents. House Speaker Russell Bowers, R-Mesa, effectively killed Fillmoreβs original proposal by assigning it to all 12 standing committees, creating an impossible hurdle.
And while HB 2289 would not require House committee action, it will be up to Bowers to decide whether to bring it to the full 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 β A judge tossed out a bid by the head of the Arizona Republican Party to void the election results that awarded the stateβs 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 Wardβs attorney reviewed 100 of those envelopes.
And at best, Warner said, that examiner found six signatures to be βinconclusive,β 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
Fridayβs 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.
βThere have been questions,β 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 leadersβ request for the inquiry alleges there are any βirregularitiesβ in the way the election was conducted.
βAt the very least, the confidence in our electoral system has been shaken because of a lot of claims and allegations,β Fann said. βSo our No. 1 goal is to restore the confidence of our voters.β
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.
βThe rule of law forbids us to do that,β he said.
In fact, Bowers pointed out, it was the Republican-controlled Legislature that enacted a law three years ago specifically requiring the stateβs electors βto cast their votes for the candidates who received the most votes in the official statewide canvass.β
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 stateβs 11 electoral votes for Trump, who won Arizonaβs race that year.
βAs a conservative Republican, I donβt like the results of the presidential election,β Bowers said in a prepared statement. βBut I cannot and will not entertain a suggestion that we violate current law to change the outcome of a certified election.β