Arizona: US appeals court says Arizona precinct voting rule stands | Associated Press

A federal appeals court panel rejected a challenge Wednesday night to an Arizona election law that throws out ballots cast by voters who go to the wrong precinct. The 2-1 opinion from a 9th U.S. Circuit Court of Appeals panel turned away a legal challenge mounted by Democrats. Lawyers representing the state and national Democratic parties said Arizona throws out more out-of-precinct ballots than any other state and that minorities are more likely to be affected. A federal judge in Phoenix rejected the challenge last month, ruling that the state has a valid reason not to count such votes because different races are on ballots in different precincts. The judge also said that Democrats haven’t shown that minorities were affected more than white voters. Democrats appealed, and two of the appeals court judges agreed with the lower court and rejected the challenge, which cited Voting Rights Act and Constitutional violations.

Arizona: Secretary of State Reagan Warns Against Voter Intimidation Efforts | Arizona Politics

As the political parties fight in court about possible plans by Trump supporters – as well as White nationalists – to station people outside many polling places on Election Day next Tuesday, Arizona Secretary of State Michele Reagan this afternoon issued a comprehensive “Guidance” about what constitutes punishable “voter intimidation.” The 2 1/2 page document addresses the use of uniforms, the display of weapons, taking photos or video, and many other possible intimidation methods. When asked about what prompted the Guidance, Secretary of State Communications Director Matt Roberts tells Arizona’s Politics that “The Secretary and our office has been getting a number of emails/calls social media conversations from people concerned with the General Election. She felt it appropriate that she remind people of the rules, laws on the books.”

Arizona: Court considers law on disqualifying certain provisional ballots | Tucson News Now

There’s a court battle going on over Arizona’s law that allows provisional ballots cast in elections to be disqualified, or thrown out. Voters might have to use a provisional ballot if their voter registration is not up to date or they lost their early ballot or they go to the wrong polling place. A federal appeals court is deciding whether to force the state to count provisional ballots cast in the wrong precinct. In Arizona voters have to vote in the precinct assigned to their residential address. The three-judge panel heard arguments Wednesday, Oct. 26. A lawyer for state and national Democrats told the panel nearly 11,000 voters in Arizona had their provisional ballots disqualified in the last presidential election because they voted in the wrong place, and that it affects minority voters more often than not. The Democrats said throwing out the ballots disenfranchises voters and is unconstitutional. The state argued that counting the ballots would be unfair to candidates in local races.

Arizona: Appeals court considers blocking Arizona ballot-collection law | Capitol Media Services

Federal appellate judges on Wednesday questioned assertions by attorneys for the state and its Republican Party allies that a new law outlawing “ballot harvesting” does not target minorities. Assistant Attorney General Karen Hartman-Tellez argued that the law, approved earlier this year, is a legitimate — and legal — effort by the Republican-controlled legislature to ensure the integrity of elections. She conceded that making it a felony to collect the ballots of others might result in some inconvenience. But Hartman-Tellez said there was no proof that minorities would be harder hit.

Arizona: Voting wars continue over ballot collection law in Arizona | CNN

Arizona Democrats will ask a federal appeals court on Monday to put on hold a state law that criminalizes the practice of ballot collection, arguing that the law could disenfranchise thousands of voters — particularly in minority communities — that rely upon neighbors and activists to collect and hand deliver early ballots. Last month a federal judge declined to enjoin the law for now ruling that the challengers had not shown that it would “disparately impact” minority voters. “Deference to the judgments made by Arizona’s elected representatives in exercising their constitutionally prescribed authority to regulate elections is, therefore, required,” Judge Douglas L. Rayes of the the US District Court for the District of Arizona said. But in an unusual order, the 9th Circuit Court of Appeals on Friday agreed to hear an expedited appeal with briefs due from both sides by close of business Monday. The court has scheduled oral arguments for October 19. “This litigation is a good example of the clash between Republican elective operatives who say they are trying to root out voter fraud and Democratic leaning activists who are trying to open access to the ballot as much as possible,” said election law expert Joshua A. Douglas at the University of Kentucky College of Law.

Arizona: Judges deal double blows to Democrats’ voting challenges | Associated Press

Federal judges dealt double blows to Democrats’ efforts to challenge Arizona election laws Tuesday, with an appeals court panel refusing to block a new law prohibiting get-out-the-vote groups from collecting early ballots and a U.S. District Court judge declining to order Arizona to count votes cast in the wrong precinct. The rulings came in different parts of the same lawsuit filed by Democratic voters and national and state Democratic groups, along with presidential candidate Hillary Clinton. It was filed after major problems with long lines during the March presidential primary election and the signing of the new ballot collection law by Republican Gov. Doug Ducey. In the ballot collection portion, the 9th Circuit Court of Appeals refused to overturn a decision by U.S. District Court Judge Douglas Rayes that kept the new law in effect. It means people who collect ballots for delivery to the polls in most cases face a felony charge.

Arizona: After hack, Arizona working to keep its elections database secure | CBS

The hacking attempt on Arizona’s voter database started in rural Gila County when an elections worker opened an email attachment. Michelle Reagan, Arizona’s secretary of state, said it was malware meant to attack servers holding the voter information of 4 million people. Reagan was alerted by the FBI, and experts believe the Russian government is to blame. She said she was shocked and dismayed when she first heard about the breach. “We’ve never had to worry about foreign invaders coming in and trying to mess with our confidence and our election system,” Reagan said.

Arizona: Federal judge: Arizona counties don’t have to tally out-of-precinct votes | Capitol Media Services

A federal judge rejected a bid by Democrats to force counties to tally the votes of people who show up at the wrong polling place. In his ruling late Tuesday, Judge Douglas Rayes acknowledged that Arizona has a history of discrimination in voting practices. But Rayes said challengers, led by the state and national Democratic parties, failed to show that the current restrictions affect minorities any more than the population as a whole. This is the second defeat for the Democrats. Rayes had earlier refused to block the state from enforcing its new law making it a felony for individuals to collect early ballots from others and bring them to the polling place. On Tuesday the 9th U.S. Circuit Court of Appeals refused to disturb that ruling.

Arizona: Judge rejects hold on Arizona ‘ballot harvesting’ law | The Arizona Republic

Democrats are taking their fight to block a controversial voting law to the Ninth Circuit Court of Appeals, after a federal judge Friday denied their request for an injunction. U.S. District Court Judge Douglas Rayes rejected a request from state and national Democrats to suspend Arizona’s law that bans ballot collection. He found the Democrats did not demonstrate that the new law would hurt minority voters more so than others, and said it would have a minimal effect, if any, on broader voting rights. That means that in the Nov. 8 election, as it was in the Aug. 30 primary, people who attempt to take another person’s mail-in ballot to elections officials will be subject to penalties.

Arizona: Native Americans Still Face Obstacles to Voting Access | Arizona Public Media

Native Americans won the right to vote in Arizona in 1948. But open access to the polls didn’t come until 1976, when a U.S. Supreme Court decision forced state officials to drop a literacy requirement. While access here has improved since then, Native voters in Arizona and around the country still face many unique barriers when trying to cast their ballots. Laura Riddle doesn’t have a standard address, so GPS doesn’t do much to help find her. A freeway exit number and basic directions to a convenience store are more reliable. Riddle lives on the Gila River Indian Community, which sits just south of the Phoenix metro area. Despite the community’s general proximity to the city, the reservation spans almost 600 square miles, much of it rural. And just like Riddle, many residents here don’t have an address. “We’re used to giving directions out here by landmarks,” she said. “There’s a tree. There’s two trees, there’s a big bush with purple flowers on it.”

Arizona: Democrats seek extension of voter-registration deadline | The Arizona Republic

Democrats are asking county elections officials to extend the voter-registration deadline so it doesn’t fall on the Columbus Day holiday, when state and federal offices will be closed. In letters to all 15 county elections officials, party officials are asking for a one-day extension, to Oct. 11. They cite a state law that allows the deadline to be moved when it falls on a holiday, and cite a 58-year-old attorney-general opinion that reinforced that practice. In a practical sense, they said, not extending the deadline could deter would-be voters who attempt to register at state motor-vehicle offices or by mail. Those offices are closed Oct. 10, the published registration deadline. “You can’t get a piece of mail postmarked when the post office is closed,” said Spencer Scharff, voter-protection director for the state Democratic Party.

Arizona: Maricopa County settles part of lawsuit from presidential primary | The Arizona Republic

Maricopa County elections officials satisfied concerns from Democrats that there will be enough polling locations for the Nov. 8 election, leading to a settlement on one part of a federal lawsuit stemming from March’s presidential preference election. The settlement was filed Friday in U.S. District Court in Phoenix. Arizona minority voters, along with state and national Democratic Party officials and the campaigns of Hillary Clinton and Bernie Sanders, sued in April. It came weeks after long lines for the March 22 presidential preference election frustrated voters and prompted many to abandon the long waits and not vote.

Arizona: Ballot ruling to come Friday in Arizona’s 5th District race | Associated Press

A judge will decide Friday whether to allow hundreds of contested ballots to count in the hotly contested Republican primary in a Phoenix-area congressional district. Unofficial results from the Aug. 30 primary for the 5th Congressional District had state Senate President Andy Biggs leading former internet executive Christine Jones by nine votes out of some 85,500 votes cast in the four-way race. Jones’ campaign contends Maricopa County should have counted votes from at least 300 eligible voters who cast ballots that weren’t counted for various reasons. A lawyer for Biggs argued that Jones was creating chaos and disruption in an attempt to win the election.

Arizona: Tucson’s hybrid city elections upheld by full 9th Circuit | Tucson Sentinel

A federal appeals court reaffirmed Tucson’s hybrid city election process Friday, rejecting Republican claims that it violates the one-person, one-vote principle. The full 9th U.S. Circuit Court of Appeals said the system for municipal elections – in which council members are first nominated by party in ward races and then run at-large – is allowed under the federal system that “permits ‘innovation and experimentation’” that can “vary greatly across the country.” “Tucson’s hybrid system represents a careful, longstanding choice, twice affirmed by voters, as to how best to achieve a city council with members who represent Tucson as a whole but reflect and understand all of the city’s wards,” Judge Marsha Berzon wrote in the court’s unanimous opinion.

Arizona: Judge To Decide Whether Ballots Cast At Wrong Polling Place Should Count | KJZZ

A federal judge in Phoenix is deciding whether in the upcoming election the state must count provisional ballots differently than in the past. Under the federal Help America Vote Act, if a voter shows up at a polling place to vote, but their name is not on the list, poll workers must offer that voter a provisional ballot. In Arizona, during elections that require voters to vote in an assigned precinct, a state law prevents ballots cast in the wrong precinct from being counted. Even if a voter goes to a polling sites a few blocks away from their assigned one, the ballot will be disqualified. In the 2012 presidential election, almost 11,000 provisional ballots in Arizona were tossed because the voter cast the ballot at the wrong precinct.

Arizona: Santa Cruz County Elections Office wants new machine after primary night glitch | Nogales International

The county’s elections chief said she’ll insist on a new ballot-tabulating machine for the November general election after recently purchased equipment malfunctioned and caused an hours-long delay in tabulating the results of Tuesday’s primary. With several candidates and their supporters looking on anxiously, a technician attempted to fix a high-speed scanner that was being used to count ballots Tuesday night after it jammed. “We thought it would be an easy fix, get it up and running and be able to continue,” said County Elections Director Melinda Meek. “Obviously it wasn’t a quick fix. (The technician) had to take the thing apart.” Meek said the machine jammed while elections workers were running early mail-in ballots through it. The snafu forced officials to resort to using two hand-fed backup machines that could only process one ballot at a time. As a result, the first preliminary election results that included just early ballots were announced at approximately 10:30 p.m., several hours after they were expected. Updated results that included ballots cast at the polls came an hour later.

Arizona: Rollout of Arizona’s new election results website flops | Arizona Daily Sun

The Arizona secretary of state’s website repeatedly froze and crashed during the Tuesday primary, renewing criticism of the office over its struggles in running state elections. The website crash prevented the public from easily accessing primary election results and led to a host of comments blasting the office on Twitter. The new site was touted by Secretary of State Michele Reagan as a replacement for a glitch-prone website that also led to reporting delays in the 2012 and 2014 election cycles. Reagan spokesman Matt Roberts said early Tuesday evening that the office was prepared and had backup plans in place for the new system. A chagrined Roberts said late Tuesday that “we’re not completely sure as to what’s causing some of the slowness in the reporting.”

Arizona: State elections department to increase computer security | Arizona Daily Star

State election officials are looking at an additional level of security after fears earlier this year that the voter database had been hacked. Matt Roberts, spokesman for the secretary of state’s office, said Monday the agency wants to implement “two-factor authentication” before anyone can get access to the list of registered voters. That would involve users providing more than just the sign-in name and password now required. The move follows what Roberts said was the FBI telling state officials nearly two months ago there was a “credible threat” that the database had been compromised. He said the state took the database offline and then examined it to see if any malware had been uploaded into it. “We were unable to find any of that,” Roberts said.

Arizona: Russian hackers targeted Arizona election system | The Washington Post

Hackers targeted voter registration systems in Illinois and Arizona, and the FBI alerted Arizona officials in June that Russians were behind the assault on the election system in that state. The bureau described the threat as “credible” and significant, “an eight on a scale of one to 10,” Matt Roberts, a spokesman for Arizona Secretary of State Michele Reagan (R), said Monday. As a result, Reagan shut down the state’s voter registration system for nearly a week. It turned out that the hackers had not compromised the state system or even any county system. They had, however, stolen the username and password of a single election official in Gila County. … This spring, a DHS official cautioned that online voting is not yet secure. “We believe that online voting, especially online voting in large scale, introduces great risk into the election system by threatening voters’ expectations of confidentiality, accountability and security of their votes and provides an avenue for malicious actors to manipulate the voting results,” said Neil Jenkins, an official in the department’s Office of Cybersecurity and Communications.

Arizona: Republicans train poll workers to document ‘ballot harvesting’ | Arizona Daily Star

The state Republican Party is training volunteers to look for and document illegal “ballot harvesting” after county election officials said they won’t enforce the new law. Party Chairman Robert Graham said the volunteers, who already are designated as poll watchers, will be the eyes and ears of the GOP to look for those who show up with multiple ballots. And he said they will be given a checklist — still being developed — of what to document. Graham acknowledged that other state laws limit what party-designated observers can actually do inside the polling places. Talking to voters is forbidden, as is photography. But Graham said they’re still free to follow voters out into the parking lot, ask them questions, take their pictures and photograph their vehicles and license plate. That information, he said, might give police and prosecutors the information they need to bring charges.

Arizona: Maricopa County poll workers won’t enforce new ballot-harvesting law | The Arizona Republic

Maricopa County Recorder Helen Purcell will not enforce a new election law in the Aug. 30 primary, disappointing Republicans who say it’s necessary to prevent voter fraud. The law prohibits anyone in Arizona — except family members, household members and caregivers — from delivering another person’s ballot to a polling place or election site. Community groups, largely Democratic but some GOP, have collected ballots from voters in the past and delivered them in bulk, often after it’s too late for voters to mail their ballots before Election Day or when voters cannot make it to the polls themselves. Opponents of the practice say it provides an opportunity for voter fraud, although there is no evidence it has occurred.

Arizona: Democrats ask federal judge to block ballot collection law | Albuquerque Journal

Lawyers representing state and national Democratic groups opposed to a new Arizona law outlawing collection of early ballots by get-out-the-vote groups urged a federal judge Wednesday to block it from going into effect. U.S. District Court Judge Douglas L. Rayes heard nearly two hours of arguments Wednesday for and against the Democrats’ request for an injunction blocking the law from taking effect. He said he’ll rule later on the request. The law makes it a felony to return someone else’s ballot to election officials in most cases. Republicans pushed House Bill 2023 through the Legislature earlier this year, arguing that so-called “ballot harvesting” can lead to election fraud. Gov. Doug Ducey signed it into law in early March, saying it will ensure a chain of custody between the voter and the ballot box. “We join 18 other states in this common sense approach to maintaining the integrity of our elections,” Ducey said in a statement.

Arizona: Pima elections director on ‘ballot harvesting’: ‘We’re not police’ | Arizona Daily Star

The top election officials in Pima and Maricopa counties say they will not enforce a new state law that makes “ballot harvesting” a crime. “We’re not police,” said Pima County Elections Director Brad Nelson. “People bring early ballots to us, we’re going to process them like we always have,” said Maricopa County Recorder Helen Purcell. And that means whether someone brings in their own ballot — or a basket full of them. Potentially more significant, both Nelson and Purcell said they will not take down the names of those who show up with multiple ballots. The law that takes effect Saturday makes it a felony, punishable by a year in state prison, to knowingly collect blank or filled-out early ballots from another person. Rebecca Wilder, spokeswoman for the Maricopa County Attorney’s Office, said the only way for her office to bring charges against someone for violating the law is if there is first a report to prosecutors from a law enforcement agency. If election officials do not take names, there is nothing to provide to police and, therefore, nothing to report to prosecutors.

Arizona: Rejected ballots studied | Tri Valley Central

Tens of thousands of ballots cast in Arizona’s last presidential election were rejected by elections officials, indicating continued communication and voter education problems in the state, according to a 2014 analysis. Nearly 46,000 of the more than 2.3 million ballots cast in Arizona’s 2012 election — or about 2 percent — were rejected. That rate is down from 2.2 percent in 2008, when Arizona led the nation in rejected provisional ballots. The rejected votes consist of early voting or provisional ballots in which voters went through the voting process but later had their ballots thrown out after review by elections officials. The most common reasons were that voters weren’t registered in time for the election, voted in the wrong precincts or didn’t sign their ballots.

Arizona: The Wrong Lessons From a Voting Fiasco | Governing

For the 2016 presidential primary season, it was the classic and inevitable television “election moment”: As the clock ticked past midnight, thousands of Maricopa County, Ariz., voters were still standing in line to cast ballots in Arizona’s presidential primary. Longtime County Recorder Helen Purcell soon became the logical “film-at-11” culprit, especially after she’d initially suggested, not implausibly, that nearly 20,000 non-party-affiliated voters who couldn’t legally cast ballots in Arizona’s closed presidential primary had clogged the lines by showing up anyway on March 22. However, long lines hadn’t bedeviled Arizona’s other counties on primary day, and a likelier explanation soon emerged. With more than 1.2 million registered Democrats and Republicans, Maricopa County officials, aiming to save taxpayers’ money, had opened only 60 polling places. This compared to 200 in the 2012 presidential primary , and it was far fewer than other counties with far smaller populations. “We certainly made bad decisions … and didn’t anticipate there would be that many people going to the polling places,” Purcell later told the Arizona Republic. “We were obviously wrong — that’s my fault.”

Arizona: Investigators find no evidence of voter database hack; system back online | KPHO

After more than a week of forensic analysis, cybersecurity investigators found no signs of hacker infiltration into the state’s voter registration database and have brought the system back online, the Arizona Secretary of State’s Office announced. The system was taken offline for nine days after the FBI found a “credible and serious” threat to the database, which contains personal information about the more than 3 million registered voters in the state. The system was restored Thursday. “We have not found any evidence of malware or command and control software in the voter registration system and have restored its use,” Secretary of State Michele Reagan said in a statement.

Arizona: Online voter registration system down, computer compromised | Tucson News Now

A cyber-security issue affecting the state’s voter registration system has not been resolved, according to the Arizona Secretary of State’s blog page. The July 5 post is an update to a June 30 post saying the FBI alerted that “a credential related to the Voter Registration System had been compromised.” Further investigation revealed a county computer had been compromised by malicious software, according to the blog. Pima County Recorder, F. Ann Rodriguez confirmed that the county computer that was compromised is not a Pima County computer. Rodriguez said in two conference calls with county recorders across the state, the Secretary of State’s office explained security experts were working with the system vendor to make sure voter information was not accessed or otherwise tampered with. As a result, the Secretary of State, Michele Reagan, decided to take the voter registration site offline. This now affects two important processes.

Arizona: Courts should approve Arizona election plans, group says | Associated Pres

A Washington, D.C.-based nonprofit already suing over Arizona’s troubled presidential primary says the state’s top election officials should be required to have court-approved plans in place for how they’re going to manage the upcoming primary and general elections. The Lawyers Committee for Civil Rights Under Law filed a motion Thursday for a preliminary injunction calling for election administration plans to be submitted by the secretary of state and Maricopa County officials. In its lawsuit over the March primary, the group argues that countless Arizona voters were disenfranchised by the cutting of polling places to just 60 from about 200 in the 2012 presidential primary. The cut in polling places was one of the causes of lines that exceeded five hours in some locations.

Arizona: Security concerns shut down parts of secretary of state’s elections site | The Arizona Republic

Parts of the Arizona secretary of state’s website are down for unspecified security-related maintenance, angering some candidate campaigns that received belated notice. The portion of the site dealing with online contributions to the public campaign-finance system was shut down Tuesday evening, said Matt Roberts, a spokesman for Secretary of State Michele Reagan. But it was only Wednesday morning that the office sent a notice to the Clean Elections candidates using the site’s online service for gathering the $5 contributions necessary to qualify for public financing. “Why wouldn’t you notify the candidates first?” asked Chad Campbell, a consultant for the campaign of Corporation Commission candidates Tom Chabin and Bill Mundell.

Arizona: Voting rights advocates condemn March voting process | Cronkite News

Voting rights advocates Wednesday said the March presidential preference election amounted to voter suppression and proposed renewing federal election standards to protect voters. Community leaders representing numerous advocacy groups, along with Democratic Congressional representatives, said at a forum at the Greater Bethel A.M.E. Church in south Phoenix that the long wait times at Maricopa County election sites prevented many people from voting. “Let’s just make clear what happened. There was voter suppression,” Congressman Ruben Gallego said. Maricopa County had only 60 polling places, including one serving all of south Phoenix for the March 22 election, said Gallego, a Democrat who represents the area.