Arizona GOP settles election suit after being schooled on the law

The Arizona Republican Party came out swinging when it alleged in a lawsuit that state and Maricopa County officials improperly tested voting machines ahead of July’s primary elections.

But after withering responses in court from both the Maricopa County Attorney’s Office and the Arizona secretary of state on Aug. 5 — responses that called into question the Arizona GOP’s understanding of state election law — the Republican Party withdrew its suit.

The GOP also reached a settlement with Maricopa County that KJZZ reported governs which voting tabulation machines are made available for testing. In a statement to Phoenix New Times, the Maricopa County Elections Department said it agreed to a settlement to avoid costly litigation leading up to a major election.

“This keeps the focus on making sure the election is administered fairly and with transparency and voters can trust that every legal ballot will be tabulated,” the county said. “As has been demonstrated by numerous lawsuits in the past several years, litigation is costly and is an unnecessary distraction during a time when the administration of an upcoming election must be the priority.”

The statement also noted that “Maricopa County Elections has always tested all tabulation equipment before every election.”

The state Republican Party and party chairperson Gina Swoboda brought the lawsuit in July, claiming that Maricopa County and the secretary of state tested voting equipment outside the time specified by the state’s Election Procedures Manual. Notably, the manual was written by the office of Secretary of State Adrian Fontes.

The GOP claimed that the county tested machines too far ahead of the July 30 primary when it tested all voting machines between June 12 and June 26, as the election manual requires tests to be conducted within 30 days of an election. However, the county and secretary of state argued that only a selection of voting equipment was required to be tested in that time frame, which they complied with by testing some equipment on July 2.

The GOP also argued that the county and secretary of state did not test enough equipment or an appropriately random sample of equipment on July 2. But the county argued nothing in the law required voting equipment to be tested any differently than it was. “Although Plaintiffs use a lot of words in these paragraphs,” the county wrote in its response, “they do not actually point to any violation of law committed by the Secretary of State or the County Defendants.”

The GOP, which the county wrote was “not correct about any of (its) legal assertions,” ultimately withdrew the claim that not enough voting equipment had been tested.

When the GOP settled with the Maricopa County Board of Supervisors, it dismissed its claims against the county with prejudice, meaning the state party cannot refile them. The party also dismissed its lawsuit against the secretary of state without prejudice, meaning it could refile it at any time.

The settlement with the county addressed only one element of the lawsuit — which machines are made available for testing by the secretary of state. The GOP’s lawsuit claimed the secretary of state tested only Maricopa County’s backup machines, which isn’t exactly a “random” sample of machines.

In its statement, the county said the settlement ensured that tabulators "which have been designated for specific Vote Centers" will be tested by the Secretary of State. "While all tabulators are tested and prepared in the same manner, in the past, the AZSOS would test equipment not yet assigned to a particular Vote Center," the county added.

In a statement to New Times, Secretary of State spokesperson JP Martin said the suit "was dismissed due to a misunderstanding of the respective duties between counties and the Secretary of State. Our counties conduct comprehensive testing of 100% of their machines and programs, while the Secretary of State's office follows statutory requirements to test a reliable sample. The settlement likely reflects the clarification of these roles."

The attorney representing the county and state GOP in the suit was state Rep. Alexander Kolodin of Scottsdale, who was sanctioned and placed on probation by the State Bar of Arizona in December for his role in a different lawsuit that claimed massive election fraud without any evidence to back it up. When reached about the settlement with Maricopa County, Kolodin told New Times he was “very pleased to have been able to reach a favorable resolution on behalf of the Arizona Republican Party.”

The Arizona Republican Party did not respond to a request for comment from New Times, nor did Maricopa County.