Maricopa certifies election results, but Cochise refuses despite law

PHOENIX — Maricopa County supervisors voted Monday to certify the results of the Nov. 8 election despite a parade of audience members who accused them without evidence of everything from corruption to treason.

The unanimous vote by the board of four Republicans and one Democrat came after they said they remain convinced the results reported were accurate. Those results helped provide the winning margin for several statewide candidates, including Democratic Governor-elect Katie Hobbs.

But the action by the state’s most populous county does not end election controversies. Also on Monday:

Supervisors in Cochise County voted 2-1 to miss the legal deadline and delay the certification of the county results, known as the formal canvass, saying they want more information about whether the machines were properly certified. The Secretary of State’s Office, headed by Hobbs, said it will “use all available legal remedies’’ to compel compliance. And the Arizona Alliance for Retired Americans is asking a Cochise County judge to order the board to certify the results by Thursday.

Republican Bill Gates, who chairs the Maricopa County Board of Supervisors, refused to comply with a demand by state Sen. Kelly Townsend, R-Apache Junction, for information about the election and problems that occurred with tallying equipment on Election Day. Gates said what was sent to the board “does not meet the legal requirements of an enforceable legislative subpoena.”

Republican Attorney General Mark Brnovich’s office is reviewing information furnished by Maricopa County in response to a demand by Brnovich’s Elections Integrity Unit for more information on the process, a spokeswoman said.

Deadline set by law

Monday was the last day under state law for counties to certify the results, or canvass, so Gates told a packed audience at Monday’s supervisors’ meeting that the board had no choice but to act that day.

“Certification is not an optional act for boards of supervisors,’’ he said, even as he was jeered by spectators. “We’ve had this date circled on our calendars for quite a while now.’’

Gates said any registered voter is free to contest the election returns within five days of the statewide canvass, something set for Dec. 5.

But Gail Golec, an unsuccessful Republican candidate for supervisor, said the Election Procedures Manual says a canvass should not be conducted “until all necessary audits have been completed to verify the accuracy and the integrity of the election results.’’

“We do not have accuracy; we do not have integrity in these election results,’’ Golec told the board, saying she wants a delay “so we can get some more audits.’’

In fact, Golec, representing herself, filed an emergency motion Monday seeking to restrain the county from going ahead with the certification, claiming the votes were not properly counted and that there were “illegitimate votes.’’ That was immediately rejected by Maricopa County Superior Court Judge Brad Astrowsky, who said such claims are premature and cannot be filed until after the state canvass.

‘Who died and made you king?’

A line of others at Monday’s hearing were less interested in discussing election law.

“I came here today to get an up-close and personal look at the seven traitors to the United States Constitution,’’ Kathy Roscoe said, presumably referring to the five supervisors and two staffers sitting on the dais. She questioned the push to certify.

“What are you hiding,’’ Roscoe asked. She claimed, without any proof, that the county had “plenty of time to go in the back room and print as many ballots as you need to CYA.’’

“The voting booth is supposed to be a time for peaceful revolution,’’ Roscoe continued. “Those who make peaceful revolution impossible make violent revolution necessary.’’

Chris Hamlet, an unsuccessful candidate for the Mesa school board, called Monday’s hearing “political theater,’’ saying it was clear the supervisors were going to approve the canvass, no matter what testimony they heard.

Others were upset that the board, facing a full auditorium, limited comments from audience members.

“This whole process of the two minutes is a violation of our First Amendment rights to air, to petition our government and to address our grievances,’’ said Randy Miller. “Who died and made you king?’’ he asked the board.

Miller, like several others, demanded a new election using paper ballots, counted by hand, with no early voting.

Back to homepage

Subscriber Login

Keep reading with a digital access subscription.

Subscribe now

Problems acknowledged

Maricopa County election officials acknowledged there were problems on Election Day as problems with on-site printers resulted in scanners not being able to read them. That also resulted in long lines at some locations.

They pointed out, however, that each voter whose ballot would not scan for immediate tabulation had the ability to deposit it into a sealed “Door 3’’ to be counted later. But some voters refused after being urged by Kelli Ward, who chairs the Arizona Republican Party, not to use that option.

“No one was disenfranchised,’’ said Scott Jarrett, the county’s elections director.

County officials acknowledged backup at some polling places. But they said the longest wait time at 85% of the vote centers was no more than 45 minutes.

There were seven locations with wait times of up to 115 minutes. But county officials said each of these locations had one or more other vote centers “within a few miles that had a wait time ranging from 1 minute to 25 minutes.’’

Jack Sellers, one of the Republican supervisors, chided those who came to protest but left before county officials answered the questions they raised.

Will Cochise delay change results?

Less clear is what happens in counties that did not meet Monday’s deadline.

The two supervisors in Cochise County who voted to delay said they simply want more information to address claims the machines counting the ballots were properly certified.

“In that group’s opinion, the secretary (of state) has not been responsive in providing proof of lawful accrediting of voting machine laboratories,’’ said Tom Crosby, one of the Republican supervisors on the board. He said that lack of response “would seem to suggest the inability to provide the requested proof by the secretary.’’

Joining him was Peggy Judd, the other Republican on the board.

That decision came after Kori Lorick, the state elections director, wrote to the supervisors last week that the claims “are derived from baseless conspiracies about Arizona’s equipment certification process.’’

The next step appears to be litigation.

“Arizona voters should know that when they cast their ballot, the secretary of state will do everything in her power to make sure their vote is counted and their voice is heard,’’ said Sophia Solis, spokeswoman for Hobbs’ office.

Solis also said if Cochise County does not act by the Dec. 5 state canvass, the secretary “will have no choice but to proceed with certification in accordance with election law,’’ meaning issuing a final tally that does not include any votes from Cochise County.

That could change the final tally in several races won by Republicans, including for state schools superintendent and in Congressional District 6.

The Arizona Alliance for Retired Americans wasn't willing to wait.

"The board's duty to canvass Cochise County's election results is ministerial and mandatory,'' the organization said in a lawsuit filed late Monday. It said the only legal grounds for a delay is if results are missing from a precinct, which is not the case here.

"Thus, there is no lawful basis for the board to refuse to complete the canvass,'' the lawsuit says.