Two Republicans seeking statewide office are asking a federal judge to block the use of machines to tabulate the votes in Arizona in the 2022 election. The machines are unreliable because they are subject to hacking, contend Kari Lake, a gubernatorial hopeful, and Mark Finchem, who is running for secretary of state. And the use of components in computers from other countries makes them vulnerable, they say. The is an even more basic problem, says Andrew Parker, the attorney who filed the lawsuit on their behalf. The tabulation of votes is an inherently governmental function, he said. Yet by using machines built and programmed by private companies the state has effectively farmed that out that obligation. And what’s worse, Parker said in his filings, is that the technology is kept secret from the public. “This lack of transparency by electronic voting machine companies has created a ‘black box’ system of voting which lacks credibility and integrity,” he wrote in a copy of the lawsuit furnished to Capitol Media Services.
Arizona justices to decide if public has right to see Cyber Ninja election audit records | Michael McDaniel/Courthouse News Service
The Arizona Supreme Court heard arguments Tuesday over whether the state Senate has the authority to conceal records from an audit of the 2020 presidential election. American Oversight, a nonpartisan watchdog group, filed suit in 2021 after Arizona Republicans contracted the private firm Cyber Ninjas to audit the results of the 2020 election. The now-defunct Cyber Ninjas found President Joe Biden was lawfully elected but identified what it considered to be 53,304 questionable ballots. Maricopa County investigated the authenticity of those ballots and determined that only 37 may have been illegally cast. The case landed before the Arizona Supreme Court after the Arizona Court of Appeals and a trial judge rejected the state Senate’s assertion that legislative privilege granted some documents protection against disclosure. The state’s high court has barred the court-ordered release of the records while it considers the case. Andy Gaona of Coppersmith Brockelman, representing American Oversight before the court Tuesday, argued that legislative privilege is not a political tool to hide information. “[Legislative] privilege is not intended to benefit individual legislators; it is not intended to protect them from embarrassment,” Gaona said. “It is not intended to allow them to shield communications as they see fit. What it’s intended to do is to benefit the public by ensuring that their elected representatives — and this is what Appeals says — are not held either criminally or civilly liable for their actions.”
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