Election Integrity

State Senator Anthony Kern (R-Glendale) held a press conference on March 24 denouncing Attorney General Kris Mayes convening a grand jury to indict Arizona’s alternate slate of electors for Donald Trump from 2020. Reports circulated earlier in March that Mayes issued grand jury subpoenas to people connected to Trump’s attempt to find fraud in the 2020 election. Kern, who is running for Congress in Arizona’s Congressional District 8 to replace outgoing Representative Debbie Lesko amidst a competitive field of primary candidates, began, “What's so wrong about standing up for the rule of law and our Arizona constitutional principles, and when did that become a crime?”

Maricopa County executive director Zach Schira claimed on Tuesday that recent changes to the state's elections as a result of a "landmark" election integrity bill that enjoyed overwhelming support in the Arizona Legislature. Schira told The Arizona Republic that complying with a provision in HB 2785 which requires election workers to count the number of early ballots at each polling location required an average of 30 to 45 minutes at polling locations across the state for the March 19 presidential preference election.

Ohio State Representatives Beth Lear (R-Galena) and Brian Lorenz (R-Powell) are championing legislation that would close primary elections in the Buckeye State, requiring voters to cast ballots to nominate candidates corresponding to their registered political party. Lear and Lorenz filed HB 437 in early March to require voters be registered as a member of a political party for 90 days in order to cast primary election ballots to select that party's candidates. The legislation would prevent voters registered to the Democratic and Republican parties from casting primary election ballots in the other party's contests.

Attorneys for Kari Lake and Mark Finchem filed additional pleadings last week with their Petition for Certiorari at the U.S. Supreme Court, providing new evidence to their plea to the court to reconsider the lower courts’ rulings against their lawsuit to stop the use of voting machine tabulators. The new filings include a Motion to Expedite and declarations from top cybersecurity experts, who provided evidence that “overwhelmingly demonstrates” that the election results in 2020 and 2022 from Maricopa County contained “artificial control over the tabulation of ballots and the election results for the November 2020 election.” Additionally, they asserted that the county thwarted efforts to obtain the new data, which is a crime punishable by up to a year of incarceration. The appendix to the Petitioners’ Motion to Expedite included 176 pages of new affidavits from Clay Parikh, Benjamin Cotton, and Walter Daugherity. Daugherity, who taught computer science and engineering at both the undergraduate and graduate levels for 37 years and served as a computer consultant to major firms and government agencies, including classified work, said this was his second declaration filed in the case, based on the new information from Maricopa County. That information included system log files from Maricopa County’s electronic voting tabulators in the 2020 election, and according to Parikh, “a copy of Maricopa County’s election systems database and the forensic images of the vote center tabulator memory cards used in the 2020 General Election.” 

State Senate Majority Leader Sonny Borrelli (R-Lake Havasu) and State Senator Wendy Rogers (R-Flagstaff) held a press conference on Wednesday revealing that a cybersecurity expert discovered that voting machine software used in Maricopa County’s elections in 2020 and 2022 was compromised. Borrelli said “there is probable cause” of a crime, and Maricopa County Attorney Rachel Mitchell has been notified. Borrelli said, “A few days ago I received documentation and a sworn declaration by a cybersecurity expert that examined the data from the 2020 and 2022 elections, where it has been determined that the data and the equipment had been altered. The Election Assistance Commission never approved this altered software. In Maricopa County's previous representation that the election software is EAC certified, including to the Arizona Senate, [that was] false [testimony].”

The Arizona Supreme Court heard oral arguments last week from the Arizona Republican Party (AZGOP) and opposing litigant Secretary of State (AZSOS) over lower courts awarding sanctions against the AZGOP for filing a “groundless” lawsuit “in bad faith.” The AZGOP sued Arizona officials immediately after the 2020 election for conducting a post-election audit that the AZGOP contended did not comply with the law. The AZGOP said the law required the audit to be conducted at the precinct level, but the audit was conducted at the voting center level according to the state’s Election Procedures Manual (EPG), which the AZGOP claimed contradicted state law.  The AZGOP said A.R.S. § 16-602 requires precinct-level audits. The relevant part of that statute, (B)(1), provides, “ At least two percent of the precincts in that county, or two precincts, whichever is greater, shall be selected at random from a pool consisting of every precinct in that county.” In contrast, the EPM states that in counties which utilize vote centers, vote centers will be used for the audits. 

Stefanie Lambert, an election integrity attorney in Michigan, was arrested on Monday in Washington D.C. for failing to appear at a court hearing in Michigan involving charges against her for allegedly breaching voting machines. After agreeing to surrender to authorities in Michigan, Lambert was released on $10,000 bond. Lambert said in court filings and a statement that she failed to show up for the hearing due to a miscommunication with her former counsel, who told her the meeting was canceled.  Lambert was arrested after taking part in a hearing Monday representing her client, former Overstock CEO Patrick Byrne, against a $1.6 billion defamation lawsuit Dominion Voting Systems filed against him in 2021. Dominion sued Byrne for predicting months before the 2020 election that there would be illegal election activity to change the results of the election, and named Dominion as one of the actors involved.

State Senate President Warren Petersen (R-Mesa) and Speaker of the House Ben Toma (R-Peoria) filed a Motion for Leave to File Brief as Amicus Curiae in the prosecution of Cochise County Supervisor Tom Crosby on March 8. Crosby, along with Cochise County Supervisor Peggy Judd, was indicted by a grand jury in November 2023 for briefly delaying canvassing of the 2022 election in order to investigate the laws that were broken. Democratic Attorney General Kris Mayes charged them with the class 5 felonies of Interference With an Election Officer—even though they were in part administering elections themselves as officials—and conspiracy since they both voted together to delay the canvassing.

Kari Lake and Mark Finchem filed a Petition for Certiorari with the U.S. Supreme Court on Thursday, appealing the dismissal of their lawsuit against Arizona officials to stop the use of electronic voting machine tabulators. The 210-page petition added new allegations stating that the defendants lied to the court and that new evidence had surfaced exposing the vulnerabilities of the machines to bad actors. “New evidence from other litigation and public-record requests shows defendants made false statements to the district court regarding the safeguards allegedly followed to ensure the accuracy of the vote, on which the district court relied,” the petition asserted. 

Richmond Commonwealth's Attorney Colette McEachin reportedly encouraged voters on Wednesday to consider delivering their 2024 mail-in ballots directly to a post office as the United States Postal Service (USPS) continues to suffer unexplained delays and disappearances of mail. McEachin made the remarks to 6 News Richmond when discussing a new investigation into the USPS issues in Richmond. She was asked about the mail-in ballots after suggesting the problems with mail delivery could be placed highly within the postal service.

Republicans have filed five election integrity lawsuits recently in Arizona, attracting the ire of election fraud denier and progressive attorney Marc Elias. Elias issued a video last week analyzing some of the lawsuits, which he described as “anti-voting lawsuits” that seek to make it “harder to vote and easier to cheat,” part of a “plan Republicans have to undermine elections and suppress voters.”

The biennial budget proposed by Virginia lawmakers contains a provision that would forbid the commonwealth from conducting an audit of the 2024 presidential results in November. While Virginia law mandates a "risk-limiting audit" be administered after every presidential election, an amendment proposed by the General Assembly seeks to declare, "a risk-limiting audit of a presidential election or an election for the nomination of candidates for the office of President shall not be conducted."

The Arizona Sun Times examined the outcomes of the 92 election cases challenging illegalities in the 2020 election and determined that contrary to reports in the mainstream media, almost all of the judges did not consider evidence of election fraud.

Fulton County Superior Court Judge Scott McAfee heard arguments last week from defense attorneys about why Fulton County District Attorney Fani Willis should be disqualified from her RICO case against former President Donald Trump and his associates.

A memorandum of understanding (MAU) between the Arizona Legislature and Runbeck Election Services on Monday, with Representative Alex Kolodin (R-Scottsdale) and Senator Wendy Rogers (R-Flagstaff) declaring it will significantly strengthen election integrity. The legislature and Runbeck, which processes the mail-in ballots for Maricopa County, reached four key areas of agreement that include the release of some 2022 election video, and the lawmakers explained in a press release that the MAU marks "the culmination of an extensive examination of the company's election processes."