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Valley Voices

Is the outcome of Arizona’s partisan post-election audit a foregone conclusion?

Auditors reviewing the ballots cast last November in Maricopa County, Arizona.
Auditors reviewing the ballots cast last November in Maricopa County, Arizona. AP

Many in the media assume the outcome of the Arizona Senate majority’s post-election “audit” is a foregone conclusion in favor of the former president. There will be egg on their faces if the “audit” actually confirms the election’s outcome, but the “audit” is an alarming departure from American tradition.

The rejection of the electoral outcome, justified or not, by an extraordinarily large part of the electorate would ordinarily merit looking into. Normally, legislators in the ordinary course on a bipartisan basis would hold appropriate legislative hearings to determine if reforms are needed. The hearings would take into account that 60-plus lawsuits failed to present evidence of any significant fraud or errors but also give a thorough airing to ongoing concerns. The basis for legislative action or inaction on the concerns would be explained in a public record.

The times are not normal. Conspiracy theories on the right and closed minds on all sides prevent discussions from starting with a common factual framework. Many Americans do not understand and reject the nation’s judicial system. The attempted insurrection, the former president’s agitating for his unconstitutional reinstatement, the failure of other leadership, and the rejection of crucial traditions and norms underscore that America faces an unprecedented challenge.

Arizona’s partisan rump “audit,” touted as a model for other states, has so far not been found to be illegal, but it is clearly a departure from time-honored norms that have preserved our democracy.

As documented by the Arizona Secretary of State’s observers at the “audit,” there are a host of concerns. Notes of the observers on the Secretary of State’s website include in part what is quoted below:

“For several days, beginning on May 24, 2021 observers noted a copy of a Wake TSI procedure manual marked “confidential” was left out and sometimes unattended at the check-in counter. On May 25, 2021, a black pen was brought onto the counting floor. Pens with black and blue ink, which can be read by tabulators, are prohibited from being near ballots to ensure they cannot be used to alter the ballots. On May 27, 2021, observers noted State Senator Wendy Rogers was on the counting floor and was provided a black pen to take notes by Cyber Ninjas…She also was writing on the white note paper that was provided to her and carried her cell phone in her back pocket, both violations of their own security measures. On May 24, 2021, Senate Liaison Ken Bennett confirmed … voting system data was sent to a lab in Montana. He did not specify what security measures were in place, or what the lab in Montana will do with the data or how long it will be in possession of the copies. On May 31, 2021 … the software update created so many errors and problems during the first shift that they stated they were going to roll back to the old software during the afternoon shift. On May 29, 2021, observers confirmed that organizers require them to wear pink or fuchsia shirts and refer to them as “pinkies” or “pinkos” to either imply and/or assert that the observers are communists. On May 29, 2021, observers saw that at least three people who are not residents of Maricopa County rifling through thousands of military and overseas ballots. Observers had been previously told that only Maricopa County residents would be allowed to handle any ballots, yet all three people were not residents.”

Will the “auditors” reject a vote merely because a voter chose to vote only for president?

Arizona’s and Maricopa County’s regular process and previous auditing confirmed the election’s outcome. Only objectively verifiable proof will lend credence to a different outcome in the “audit,” but the concerns do not inspire confidence that such evidence will be available.

As Benjamin Franklin reportedly observed, the preservation of the Constitution depends on each of us. Concerned citizens can call or write their senators and representatives in Congress to support the Civics Secures Democracy Act, which will provide federal grant funding to improve education in American civics and history. Citizens can also seek out good candidates at all levels. Then vote like their lives depended on it.

Complacency is not an option in this challenging time.

Daniel O. Jamison is a retired attorney in Fresno.
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