
c. Lack of transparency of the purported audit
Finally, the lack of transparency of the audit is further undermining the ability of the observers to
ensure that they will retain and preserve the ballots. Specifically, as has been widely reported, the
auditors are sharply restricting access to the audit by nonpartisan observers, election
administrators and voting machine experts, and the press.
They are now also seeking to further
restrict access to written security and audit procedures.
Arizona has a strong history of ensuring
transparency in the election process,
which is critical to the confidence that Arizonans and
Americans have in the state’s elections. Currently, seventy percent of the authorized observers
are Republicans, and the remaining thirty percent are a mix of Democrats, Libertarians and
unaffiliated voters.
These restrictions have caused many to request greater transparency and access to the audit.
Several of the undersigned organizations along with experts in election administration and
national security, urged the state senate “to stop restricting the public’s access to the audit” and
grant observer credentials to nonpartisan election administration experts.
This request has been
ignored.
See e.g., Jen Fifield, “All observer shifts full for now as Arizona election audit continues Monday” AZ Central,
April 26, 2021, https://www.azcentral.com/story/news/politics/elections/2021/04/26/arizona-senate-election-
recount-maricopa-county-not-taking-volunteer-observers-for-now/7384160002/ (“An Arizona Republic reporter
who earlier had applied to serve as an observer was turned away from the Coliseum on Monday and told she was
still being vetted following an hourlong wait…On the first day of the hand count on Friday, many observers who
had signed up and were confirmed were turned away at the gate because the contractors said they had lost their
names due to problems with their sign-up sheet.”); Paige Alexander (Chief Executive Officer, The Carter Center) et
al., letter to Karen Fann (President, Arizona State Senate) et al., April 22, 2021, https://verifiedvoting.org/wp-
content/uploads/2021/04/Arizona-Senate-Audit-Letter.pdf (“As experts in election administration, election law,
national security, and voting rights, we share a desire for accurate and trustworthy democratic elections…We are
very concerned by the recent decision to restrict public access to the Arizona Senate’s audit of
Maricopa County’s November 2020 general election); Jennifer Morrell was denied a request to serve as a
nonpartisan audit observer. See Ken Bennett (Senate Liaison, Arizona) and Julie Fischer (Deputy Liaison, Arizona),
email message to Jennifer Morrell (Partner, The Elections Group), April 20, 2021 (stating that “only registered
voters from Maricopa County are eligible to apply as observers.”).
Brahm Resnik, “New twists in Arizona GOP election audit as judge drops out, auditor wants public barred from
court hearing,” 12 News, April 25, 2021, https://www.12news.com/article/news/politics/new-twists-in-arizona-gop-
election-audit-as-judge-drops-out-auditor-wants-public-barred-from-court-hearing/75-ba2c322b-3127-4816-822d-
e9384304a077.
Arizona’s election officials are required to permit observation of logic and accuracy testing of election equipment
before and after the election, polling places, ballot processing, ballot tabulation, and post-election audits. Also
important, “[a]ppointed political party observers need not be qualified electors in the precinct or county of
observation.” Elections Procedures Manual ch. 8, § III; ch. 4, § II(C) (emphasis added); and statutory provisions
cited therein.
According to Ken Bennett during audit press conference. See The AZ - abc15 - Data Guru (@Garrett_Archer),
“As audit presser continued,” April 22, 2021, 10:58 p.m.,
https://twitter.com/garrett_archer/status/1385427881921110020?s=21 (min 12:40).
See Sara Chimene-Weiss (Counsel, Protect Democracy) et al., letter emailed to Cyber Ninjas et al., April 6, 2021,
https://www.democracydocket.com/wp-content/uploads/sites/45/2021/04/Protect-Democracy-Letter.pdf; Brennan
Center for Justice, “Brennan Center Sends Letter to Arizona State Senate on Election Audits,” April 13, 2020,
https://www.brennancenter.org/our-work/research-reports/brennan-center-sends-letter-arizona-state-senate-election-
audits-0; Brennan Center for Justice, “Brennan Center Sends Letter to Arizona State Senate on Election Audit
Transparency,” April 22, 2020; https://www.brennancenter.org/our-work/research-reports/brennan-center-sends-