Arizona is the epicenter of the fight for voting rights today. That’s what some are saying about our state. At least our President hasn’t bestowed us with a Jim Crow badge yet.
There are many things wrong with the Arizona state election system. We seem to be repeating the same mistakes over and over. But fixing them requires more than finger-pointing and lawsuits between political parties. The issues need to be addressed individually, like eating an elephant and donkeys as well; it can’t be done in one sitting.
This is the second in a series of blogs to examine these issues. See Part 1.
Printer Malfunctions
About 20% of electronic vote tabulation machines in Maricopa, the state’s most populous county, malfunctioned for a few hours on Election Day. Arizona Attorney General Mark Brnovich sent a letter to the Maricopa County Attorney’s office. It cited that at least 60 voting locations had issues related to some ballot-on-demand (BOD) printers with printer configuration settings that were non-uniform. Some claimed even before the election that election equipment in Arizona was not certified by an accredited testing lab before it was used in the midterm election. This was refuted by Pima County elections director Constance Hargrove.
So, how is the election equipment certified?
Election Manual
Arizona State law requires the secretary of state and county election officials to submit a procedural manual with uniform rules across counties on voting and other election procedures. It must be updated and submitted to the governor and attorney general for approval before an election.
For some reason, this so-called “Election Bible” has become a political football.
- In 2016, a Chandler attorney filed a complaint against Secretary of State Michele Reagan over her decision to not update the document ahead of the 2016 primary and general elections. Reagan stated she will begin meetings in spring 2017 to solicit input on updating the manual, which she intends to reissue by the end of 2017.
- In 2018, Gov. Ducey withheld approval of the updated document because of numerous flaws identified by county officials. The 2018 election continued to use the 2014 version.
- In 2019, HB2238 became law, requiring the secretary of state to issue updated manuals every election cycle, which was common practice in Arizona before Michele Reagan took office in 2015. The measure is supported by Democrat Katie Hobbs.
- In 2022, AG Mark Brnovich and Republican Party officials sued Secretary of State Katie Hobbs in a dispute over the election procedures manual she must complete. Then a judge dismissed the complaint saying the issue was raised too late. The 2019 version became the one used for the 2022 midterm election.
So it seems no one responsible for this document takes it seriously, but what does it contain?
The State of Arizona Elections Procedure Manual states:
- All components of a voting system must be properly certified prior to use in any election for a federal, state, or county office.
- The voter registration system, electronic poll books, and ballot-on-demand printers are separate from the voting system.
In other words, the “Election Bible” used to provide guidance for voting procedures and equipment certification is fundamentally inadequate and was ignored by both Republican and Democrat secretaries of state.
A more holistic approach to the Arizona election process and equipment certification is needed. It must look at the whole system and require operational testing. The secretary of state must accept this responsibility or find another job.
