<aside> ‼️ Please Note: We share this information with the hope that it aids pro-democracy activists by highlighting specific process points to monitor for any subversive efforts. Due to the sensitivity of this information and the potential for it to be exploited by bad actors, this page and the links within it should not be shared outside of the pro-democracy community.
If you have any questions or feedback on these identified vulnerabilities, please contact us at info[at]informingdemocracy[dot]org
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Arizona’s vote counting and certification system has a strong statutory foundation, clear guidance via the Election Procedures Manual (EPM), and strong checks and balances available to the statewide executive actors if something does go wrong. In recent years, Arizona courts have played a positive role in enforcing state election law and have avoided bad precedents that would have emboldened election deniers (see sections on hand counts and contests below). The current Secretary of State and Attorney General have also shown a strong willingness to use their oversight and enforcement powers by seeking legal action against bad actors.
Additionally, the EPM, a crucially important source of binding election authority, was updated in 2023. This new version includes changes to keep it in line with developments in Arizona statute and jurisprudence as well as to address areas of potential ambiguity. Some notable positive changes to the EPM include the addition of clarifying language that County Boards of Supervisors have no authority to delay certification and that the full hand count of ballots is beyond the scope of a hand count audit. "SOS Summary of EPM Changes."
However, there is significant election denier activity within the state, from both sitting government officials and outside groups, as well as election officials who have already been willing to sabotage the post-vote process.
Accordingly, while there are some open questions of law, the majority of election vulnerabilities in Arizona are due to bad faith actors blatantly violating settled election law. We highlight areas that have been targeted in the past (conducting impermissible hand counts, delaying or refusing to certify election results, and dragging out election contests in the courts) as well as potential areas that may be vulnerable this election cycle (election officials’ power over key process steps, partisan influence in election boards, and burdens on election administrators).
Informing Democracy reviewed Arizona County Boards of Supervisors, County Sheriffs, County Recorders, and County Attorneys to identify officials who could pose a threat to free and fair elections. Of the 106 Arizona officials we researched, 24 gave us cause for concern—or 23% of officials. Officials with concerning findings represented nine of Arizona’s 15 counties.
Our primary focus was the County Boards of Supervisors, who play a large role in election administration. Of the 61 Supervisors whose news appearances, social media, and votes we reviewed, 14 had findings in their background that raised concern—again, 23% of the total. We also identified concerning findings on one of the 15 County Recorders, three of the 15 County Attorneys, and six of 15 County Sheriffs.
A county in this category poses major concerns with regard to free and fair election administration this November due to the willingness of officials to subvert election administration.
Arizona is a frequent target of election deniers and a focus of many election conspiracies, with Maricopa County as a center of criticism, especially by officials from more rural counties. Bad faith actors spread false claims about election processes and outcomes, making claims about voting machine hacks, fake ballots, ballots bleeding through because of voting instruments, and “ballot mules,” among others. Arizona also faced a second round of baseless stolen election claims from candidates who lost their 2022 elections. The strength of the election denial movement in Arizona has led to local officials refusing to certify election results, candidates deliberately drawing out election contests, the legislature improperly inserting themselves into state and local election administration in several ways, and more.
Arizona’s election workers face pressure both from grassroots election deniers and, more critically, election officials working in their official capacity to undermine faith in outcomes. The Arizona State Senate initiated an extralegal audit of the 2020 presidential election results in Maricopa. This partisan effort received national attention due to the extensive controversy over how the audit was conducted and the outlandish conspiracy theories associated with it. “NYT Cyber Ninjas Shuts Down.”
Arizona legislators have also pressured county officials around the state to count ballots by hand rather than using machines. These lawmakers have claimed that hand counting ballots was legal and that the Secretary of State’s Office and the Attorney General were lying to the contrary. A recent American Oversight investigation documented the extent of the outreach, which went beyond presentations to County Supervisors to text messages pushing the issue.