Arizona State Sen. Jake Hoffman’s (R-Queen Creek) sponsored bill, Senate Bill (SB) 1695, passed through the Senate Government Committee Thursday. The bill aims to prevent possible voter disenfranchisement in future Arizona elections by creating the option for counties to redo an election.
“We will never stand, as Republicans here in the state of Arizona, for voter disenfranchisement,” said Hoffman during the committee. “I stand on the side of voters, not Republican voters. I stand on the side of all voters, whether they’re an Independent, whether they’re a Democrat, whether they’re a Green Party, a Libertarian, or a Republican. I stand on the side of every single voter. You should not ever be disenfranchised because election officials broke the law.”
Senator Jake Hoffman: "I stand on the side of every single voter. You should not ever be disenfranchised because election officials violate the law."
Hoffman introduces #SB1695 which requires a revote if County officials violate election law. pic.twitter.com/5gckLVeF2b
— Kari Lake War Room (@KariLakeWarRoom) February 18, 2023
Hoffman’s bill, plus an amendment approved during the meeting, stipulates that every county in Arizona shall be required to hold a new election if certified disenfranchisement occurs during a primary or general election. The amendment specifies that disenfranchisement occurs when Election Day voters have to wait more than ninety minutes outside a voting center before being able to submit a ballot, a county does not maintain ballot chain of custody requirements, or if an election official fails to comply with the state Election Procedures Manuel (EPM).
Additionally, voters would have the chance to submit an affidavit within five days after the election which alleges one of the above issues occurred. If a “sufficient number” of testimonies are submitted, then a superior court judge must take action. For counties with a population over one million, at least 1,000 affidavits are required, whereas all other counties require at least 250.
If the needed affidavits are submitted to the court, then the judge must order a delay of the official canvass. The judge appoints an election official from another county, who has ten days to overlook the affidavits and decide on their legitimacy. If necessary, the superior court would then declare the election a failure and call on the board of supervisors for that county to hold another election within 30 days. Any county board member who is caught violating election procedures must forfeit their position.
During the committee meeting, Republican and Democrat members had a back-and-forth regarding the implementation of this bill. State Sen. Priya Sundareshan (D-Tucson) expressed concerns that voters would submit affidavits claiming disenfranchisement when it did not happen in reality. However, Sen. Wendy Rogers (R-Flagstaff) retorted that issues such as wait times and EPM violations could be corroborated with state data to confirm if they are true.
Moreover, state Sen. Janae Shamp (R-Surprise) called for bipartisan support for the bill because it provides greater protections for elections, which helps all Arizonans. Yet, the bipartisan support did not come through. State Sen. Juan Mendez (D-Tempe) said he voted no because the bill could allow an “arbitrary number of subjective claims” to overthrow an election, which he said could delegitimize the election process. Meanwhile, Sundareshan voted no because she stated the better way to avoid disenfranchisement is to increase access to the ballot and allow people more opportunities to vote. Ultimately, the amended bill passed five to three along party lines.
While justifying the need for this bill, Hoffman stated that the 2022 November election, which he called “botched,” inspired the bill. The disenfranchisement standards Hoffman outlined are similar to the claims made in Republican Kari Lake’s election challenge attempting to overturn the general election results. While the Arizona Court of Appeals recently denied Lake’s challenge, she stated she is continuing her challenge to the Arizona Supreme Court.
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Neil Jones is a reporter for The Arizona Sun Times and The Star News Network. Follow Neil on Twitter. Email tips to [email protected].
Photo “Jake Hoffman” by Kari Lake War Room.
