Election expert: Arizona audit ignores federal law on election records

[Nevilledog]

Christopher Thomas
Christopher Thomas is a fellow on the Elections Project at the Bipartisan Policy Center. He served in the Michigan Secretary of State’s Office for 40 years, 36 as director of elections. He served previously at the Federal Election Commission.


https://www.azmirror.com/2021/05/06/arizona-audit-ignores-federal-law-on-election-records/

Arizona’s faux audit of 2020 ballots fails to comply with the federal election records retention law, further undermining the integrity of the exercise with the possibility of illegality.

This law, which has been on the books since May 4, 1960, requires election officials to “retain and preserve for a period of 22 months” all election records, including ballots in any election for federal office, including the offices of president and vice president, presidential electors, and member of the U.S. Senate. (52 USC 20701, formerly 42 USC 1974). It seems no election official or counsel informed the Maricopa County Superior Court of the strict federal ballot retention requirements, and the judge’s opinion that the county had to turn over its ballots to the Senate offers no analysis of the federal law.

Retaining and preserving documents, described as maintaining the chain of custody of critical records, including ballots, is a required legal precursor to any federal or state law enforcement investigation. These include allegations about the conduct of an election, violations of federal election laws such as the Voting Rights Act, or voters’ constitutional rights. If documents are not securely maintained by election officials within a valid chain of custody, there is no basis to establish the genuineness of the records in question necessary for prosecution.

The U.S. Department of Justice details this requirement over seven pages in its Federal Prosecution of Election Offenses, noting that the “requirements of this federal law place the retention and safekeeping duties squarely on the shoulders of election officers.”

This chain of custody has now been broken in Maricopa County. The state Senate and its consultants have physical possession of nearly 2.1 million November election ballots, meaning that Arizona election officials are no longer “retaining and preserving” election ballots. After the Senate completes its work and the ballots have been handled by an untold number of individuals employed by the state Senate or its consultant, it will be impossible for anyone to confirm or refute the results.

*snip*

[Roisin Ni Fiachra]

1. I've been wondering if the DOJ is waiting, giving the AZ Senate more rope

to hang themselves with.

[asiliveandbreathe]

2. I said this last night in discussion with fellow Dems here in AZ..what we are

disappointed by..the DOJ, having this law, allowed this fiasco to happen in the first place..those are our ballots..the ballots in Maricopa County have been counted, audited and signed off on.,the pos LOST!!!!!@

[global1]

3. This Statement In The OP Says It All - This Is What The Repugs & The Former Guy Wanted To Achieve...

"After the Senate completes its work and the ballots have been handled by an untold number of individuals employed by the state Senate or its consultant, it will be impossible for anyone to confirm or refute the results."

The Repugs & the former guy then can create any lie that they want around those results and the MAGA cult will believe them.

One more nail in the coffin of 'democracy'.

We've been 'Bamboo-zled'!!!! [As I understand the new conspiracy related to these ballots - that the Chinese stuffed the ballot box with 40,000 ballots to give Biden the win. I hear that they are testing the ballots for traces of 'bamboo' to illustrate this.]

[asiliveandbreathe]

5. I read that too..but here is the thing..the Maricopa County ballots have been

counted and audited..there is a paper trail..already..

The statement relates to this sham..but what you say "The Repugs & the former guy then can create any lie that they want around those results and the MAGA cult will believe them." - ONLY if we let them..the Media needs to step up..and we the voters need to come out in droves and push back...

[hlthe2b]

4. That judge who ruled to release the ballots WITHOUT reviewing Federal Law needs to be

taken to task. This is abysmal.

[2naSalit]

7. No shit...

Is it one of moscowmitch's brood?

[drray23]

6. Given this, cant somebody sue in federal court to ask for an injunction to stop the whole thing ?

Last edited Fri May 7, 2021, 09:08 PM - Edit history (1)

I am not sure how this would work but if current federal law is violated could not somebody who has standing (any elector in arizona?) sue and get a federal judge involved to stop the thing outright?

[LetMyPeopleVote]

8. These assholes are breaking so many laws that it is sad