A judge rejected a state Senate claim that some of its records about the 2020 election audit are not subject to public disclosure. Maricopa County Superior Court Judge John Hannah said Tuesday he would not accept the arguments by Kory Langhofer, the attorney for Senate President Karen Fann, that he should just accept the Senate’s assertions the documents at issue are protected by “legislative privilege.’’ “The court finds that the Senate has not carried its burden of overcoming the legal presumption favoring disclosure,’’ the judge wrote in a 13-page order Tuesday. “The record as it stands does not establish that the documents are privileged and that the Senate is entitled to withhold them from the public on that ground.’’ But Hannah offered Langhofer and the Senate an “out’’ of sorts. The judge told them they are free to give the documents to him. And then he will decide, after reviewing them privately, whether they are public. “Otherwise the Senate must disclose the documents forthwith,’’ he said.
Arizona audit review shows Cyber Ninjas didn’t count 312K ballots, double counted 23K | Robert Anglen/The Arizona Republic
The hand count in Maricopa County was off by hundreds of thousands of ballots, according to a review of newly released Arizona audit records. Election analysts say Cyber Ninjas’ count was off by about 312,000 and it also double counted almost 23,000 ballots in its months-long review of 2020 election results. The numbers represent the latest challenge to the Arizona Senate’s audit, which was led by Cyber Ninjas, involved more than a thousand volunteers and cost millions of dollars. A 695-page report, produced by former Arizona GOP chair and audit spokesperson Randy Pullen, was supposed to provide a snapshot of all the counts of the 2.1 million ballots cast in the county’s general election. The Arizona Senate released the report late Friday after The Arizona Republic filed a request under the state’s Public Records Law. But Cyber Ninjas didn’t tally as many as 167,000 Maricopa County ballots, according to analysts who reviewed the report for The Republic. The hand-count numbers in the report reflect a 15% error rate when compared with a separate machine count of ballots authorized by the Arizona Senate, they said.