Gov. Katie Hobbs' panel recommends changes to Arizona election laws

PHOENIX — A governor's task force approved recommending 20 changes to election laws in a meeting to which the public and media were not invited.

"We want people to vote in a very private manner and speak their minds freely'' on the task force, said Christian Slater, publicist for Democratic Gov. Katie Hobbs. He said that's why reporters and the public were not invited to attend Thursday's session — the second full meeting of the Governor's Bipartisan Elections Task Force — at which vice-chair Helen Purcell said the members approved 20 of 22 proposals.

The Governor's Office instead made task force members available for several questions after the session.

Slater said here is no reason for the public to be concerned that measures are being adopted behind closed doors.

"It's just the first step in advancing the policy recommendations,'' he told Capitol Media Services. "It's not as if these are the final things that are coming out of the task force.''

Yet what emerged from Thursday's meeting as already approved appears to be fairly specific.

For example, one seeks legislation to address interfering with voters while they are dropping off their ballots.

That became a big issue when a group called Clean Elections USA, which contends the 2020 election was fraudulent, had volunteers, some wearing full tactical gear and bearing arms, monitor ballot drop boxes in 2022 in the Phoenix area. It took a federal judge issuing a temporary restraining order to shut down some of the group's activities. The judge barring anyone from taking videos of those dropping off their ballots and required anyone openly carrying a weapon or wearing body armor to remain at least 250 feet from any drop box.

Also among the mix of recommendations approved by the task force are standards for voting-related equipment aside from what's already required for ballot tabulators.

That issue relates to arguments made by former GOP candidate for governor Kari Lake, in disputing her November loss to Hobbs, that printers at vote centers produced ballots at a different size than the tabulators could read.

Other proposals advanced by the task force include:

• Considering amending the law to consider allowing more restorations of voting rights for individuals with felony convictions;
• Ensuring a "consistent funding source'' for the statewide voter registration system;
• Allowing people already registered to vote who move before Election Day to cast a ballot in their new county;
• Setting specific deadlines to conduct recounts when necessary.

Purcell, the vice-chair of the task force — Hobbs chairs it — said the meetings were scheduled in secret because "I'm following the advice of the Governor's Office.''

But Purcell, a Republican and former Maricopa County recorder, said she does not believe the closed-door meetings will undermine public confidence in what the panel ultimately recommends when it meets again in October.

"We've had a lot of frank discussions between people from not just sort of the election world but people who are around that world,'' she said. "We're trying to come up with solutions. Some of it may be legislative. Some of it may be best practices.''

She said she agreed with Hobbs' decision to start the process behind closed doors.

Asked if any of the process will be opened to the public, Purcell responded, "Could be. I don't know at this point.''

Democratic Secretary of State Adrian Fontes, a task force member, said he understands the desire for closed-door discussions.

"Some of those opinions, you just hold them closer,'' Fontes said. "But among trusted professionals we've to have those open and frank discussions.''

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Anyway, he said, actual legislation is not being proposed "at this time.''

He said the same is true about changes to the Elections Procedures Manual, a guide for election officials adopted by the secretary of state that has the force of law.

"It's not just a question of 'trust us,' '' Fontes said. "It's a question of 'where are we at in the process'.''

As it turned out, even though the meeting was billed as closed and Slater told reporters they could not come, there was one reporter in the room. 

Mary Jo Pitzl of The Arizona Republic told Capitol Media Services she simply walked in. And while members were told there was a reporter present, she was allowed to stay for the two-hour meeting even though Pima County Recorder Gabriella Cazares-Kelly, a Democrat, raised a question about her presence.

Slater blamed it on "staff error'' but would not say why Pitzl was allowed to stay, or why he did not notify other reporters who had been told not to come because the meeting was closed.

Pitzl's presence apparently did not deter the panel from discussing and approving the various proposals.

Cazares-Kelly said much of what is before the panel is how to ensure that elections are considered to be free, fair and secure.

"Every proposal that we have been discussing have either been talking about ... the expansion of the transparency or security of the process,'' she said. "We've also been talking a lot about the resources and additional things we want to provide to support our elections departments and our recorders' offices.''

Sen. Ken Bennett, R-Prescott, also on the task force, said the question of money cannot be overstated.

"One of the hot-button issues has been resources,'' said Bennett, who formerly served as secretary of state. "I don't think we spend enough money on elections to make sure that they are the quality and kind of elections in Arizona'' that the state needs.

And then, he said, there's the question of getting the necessary votes from the Republican-controlled Legislature — including some GOP lawmakers who insist the 2020 and 2022 elections were rigged despite courts ruling otherwise — and the Democratic governor.

"Money and politics,'' Bennett said.

Not everything the panel considered was approved.

Task force members rejected a proposal that would have required public facilities, including schools, to serve as polling locations when certain other conditions were met.

They also did not adopt asking for creation of a special performance audit division for elections within the state Auditor General's Office.

Also failing to get enough votes was a plan to require background checks for all permanent or long-term temporary staff who handle ballots, are involved in tabulation, or provide computer technical support.