Ariz. senator falsely claims counties can't use vote counting machines

A Republican leader in the Arizona Senate is demanding that counties cease using current tabulation machines to count ballots, citing a recently passed legislative resolution. But the move has no legal foundation and his argument was criticized even by some Republican colleagues.

Senate Majority Leader Sonny Borrelli, R-Lake Havasu City, wrote letters to county leaders statewide that claim "no electronic voting systems" may be used "as the primary method for conducting, counting, tabulating or verifying federal elections" unless the systems meet requirements set in a recent resolution passed by the Legislature.

Yet those requirements have no force of law, something that elections officials statewide quickly pointed out.

Secretary of State Adrian Fontes said Borrelli is relying on a non-binding resolution passed earlier this year with Republican-only support. The resolution, which did not require a signature from the governor, does not have the authority to change state and federal rules for election equipment, Fontes said in a statement.

Clint Hickman, chairman of the Maricopa County Board of Supervisors, said a single member of the Senate can't force Arizona's counties to forego the use of tabulators to count votes.

And Borrelli's GOP colleagues at the Senate don't agree with his demand.

"This is something Sen. Borrelli is working on his own," said Kim Quintero, communications director for the Senate Republicans.

The rest of the Senate leadership team does not agree with the letter, either, Quintero said.

She acknowledged that Senate President Warren Petersen voted for the resolution, as did every other Republican. But, Quintero added, Borrelli is interpreting it differently than his colleagues.

Borrelli did not return a call for comment on his letter, which he sent Monday.

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Borrelli also was the sponsor of Senate Bill 1074, which would have put into law many of the requirements he is now insisting counties must adhere to. They include that components of the tabulators are designed and assembled in the United States, that the source code for the machines is available to the public and that ballot images and system logs are publicly posted on the secretary of state's website within 24 hours after polls close.

Gov. Katie Hobbs vetoed the bill in April, saying the equipment the bill would require — as well as the problem it purports to solve — "does not exist."

"This bill neither strengthens our democracy, nor ensures that Arizonans can better exercise their fundamental right to vote," Hobbs wrote in her veto letter. "I stand ready to receive bills that do."

In his letter to county officials, Borrelli said in vetoing the bill, the governor was "exposing our electronic voting systems, which are made with components from countries considered adversaries to the U.S., to attacks and putting Arizona as well as the rest of the nation in an extremely vulnerable and dangerous position."

Hickman said he supports using equipment made in the United States.

"But until that is realistic, the Board of Supervisors will appropriate the dollars needed to acquire (federally) certified equipment in order to perform accurate, secure elections as defined by state law," he said in a statement.

Officials in Pima, Cochise and Coconino counties did not immediately return calls for comment. Pinal County officials confirmed they received Borrelli's letter, but declined to comment.

Legislative resolutions typically serve as expressions of opinion on behalf of the body that passes them.

Fontes said county election officials shouldn't interpret Borrelli's letter as a mandate to stop using tabulators. He also noted that the machines already are certified by federal and state officials based on requirements outlined in law.

"All applicable election equipment being used in Arizona is certified," he said. "If those requirements or certification process were to be changed, it would require a regular bill to be passed by the Legislature and signed by the governor — which is not the case for this non-binding resolution."

Borrelli cited the Legislature's "plenary authority," or wide-ranging powers, to support his effort. And, he noted that the U.S. Constitution "specifically conveys" that state lawmakers prescribe laws around the "times, places and manner" of voting.

But Tom Liddy, the civil division chief for the Maricopa County Attorney's Office, said the Legislature would still have to successfully pass a law that's signed by the governor, not a resolution, to impose changes to the county's election process.

"Plenary power is with respect to federal elections and that's where Constitution says the state Legislature has the authority to set the time, place and manner of an election, and they do so by doing what legislatures do: They legislate," Liddy said. "Sonny Borrelli should call his office, or at least his attorney."

Sasha Hupka covers Maricopa County, Pinal County and regional issues for The Arizona Republic with a focus on voting and democracy. Do you have a tip about elections or questions about voting? Reach her at [email protected]. Follow her on Twitter: @SashaHupka.

Reach the reporter at [email protected] or at 602-228-7566 and follow her on Twitter @maryjpitzl.