KAREN FANN COMMITTEES:

SENATE PRESIDENT Rules, Chairman

FIFTY-FIFTH LEGISLATURE

1700 WEST WASHINGTON, SENATE

PHOENIX, ARIZONA 85007-2844

PHONE: (602) 926-5874

TOLL FREE: 1-800-352-8404

[email protected]azleg.gov

DISTRICT 1

Maricopa Board of Supervisors

c/o Chairman Jack Sellers

301 West Jefferson Street, #10

Phoenix, Arizona 85003

Dear Chairman Sellers:

I am writing to seek your assistance and cooperation in the resolution of three (3) serious issues

that have arisen in the course of the Senate’s ongoing audit of the returns of the November 3,

as you know, Judge Thomason found were valid and enforceable.

To date, attorneys for Maricopa County have refused to produce virtual images of routers used in

connection with the general election, relying on a conclusory and unsupported assertion that

providing the routers would somehow “endanger the lives of law enforcement officers, their

operations, or the protected health information and personal data of Maricopa County’s citizens.”

If true, the fact that Maricopa County stores on its routers substantial quantities of citizens’ and

employees’ highly sensitive personal information is an alarming indictment of the County’s lax

data security practices, rather than of the legislative subpoenas. Similarly, the County’s assertion

that producing the internet routers for inspection would cost up to $6,000,000 seems at odds with

that agents of CyFIR, an experienced digital forensics firm and subcontractor of Cyber Ninjas,

review virtual images of the relevant routers in Maricopa County facilities and in the presence of

representatives of the Maricopa County Sheriff’s Office. Such an arrangement would permit

Maricopa County to retain custody and monitor the review of router data, while ensuring that the

Senate may access the information it requires—and to which it is constitutionally entitled—to

successfully complete its audit. The Senate has no interest in viewing or taking possession of

any information that is unrelated to the administration of the 2020 general election.

comprehensive as they purported to be, almost certainly would have entailed use of the

passwords to examine the tabulation devices, and it strains credulity to posit that the County has

of ballots. We hope you can assist us in understanding these issues, including specifically the

following:

1. The County has not provided any chain-of-custody documentation for the ballots. Does

such documentation exist, and if so, will it be produced?

2. The bags in which the ballots were stored are not sealed, although the audit team has

found at the bottom of many boxes cut seals of the type that would have sealed a ballot

bag. Why were these seals placed at the bottom of the boxes?

3. Batches within a box are frequently separated by only a divider without any indication of

the corresponding batch numbers. In some cases, the batch dividers are missing

disparity between the actual number of ballots contained in a batch and the total denoted

on the pink report slip accompanying the batch. In most of these instances, the total on

the pink report slip is greater than the number of ballots in the batch, although there are a

few instances in which the total is lower. What are the reasons for these discrepancies?

For your reference, please see several illustrative (i.e., not comprehensive) examples in

the table below:

For your convenience, images of the corresponding pink report slips are attached in Exhibit A.

We have recently discovered that the entire “Database” directory from the D drive of the

machine “EMSPrimary” has been deleted. This removes election related details that appear to

have been covered by the subpoena. In addition, the main database for the Election Management

System (EMS) Software, “Results Tally and Reporting,” is not located anywhere on the

EMSPrimary machine, even though all of the EMS Clients reference that machine as the location

I am hopeful that we can constructively resolve these issues and questions without recourse to

additional subpoenas or other compulsory process. To that end, I invite you and any other

officers or employees of Maricopa County (to include officials in the Elections Department) who

possess knowledge or information concerning the matters set forth above to a meeting at the

Arizona State Capitol on Tuesday, May 18, 2021 at 1:00 p.m. in Hearing Room 109. Chairman

Please let me know at your earliest convenience whether you accept my invitation and, if so,

which Maricopa County personnel will attend.

Karen Fann, President

Arizona State Senate