Arizona Court Considers Nonprofit’s Request for Election Records
In a case that could set a significant precedent for public records requests, an Arizona court is evaluating whether Santa Cruz County must provide election records to AUDIT-USA, a nonprofit organization. This legal battle arose when the county opted to sue the nonprofit rather than fulfill its request for voting records in 2022.
AUDIT-USA, led by Ken Bennett, a former Arizona Secretary of State, sought access to voting records, expecting to receive them on August 18, 2022. Instead, the nonprofit was met with unexpected litigation from the county. Bennett expressed his dismay, stating, “Instead of giving us the records, they filed a lawsuit against us for asking for public records. It’s the most bizarre thing I’ve ever seen.”
The central issue revolves around whether the requested records are public. During a recent hearing, Santa Cruz County maintained that it did not intend to block the records request but was uncertain about the legal implications of compliance. The county’s legal counsel faced scrutiny from Judge Peter Eckerstrom, who questioned the rationale behind using litigation as a potential response to public records requests.
Eckerstrom highlighted the potential chilling effect such actions could have on future public records requests due to the risk of incurring legal fees. Meanwhile, Division Two of the Arizona Court of Appeals has issued a draft decision in favor of the nonprofit, though a final ruling is still pending. Click here to view the draft decision.
AUDIT-USA’s Director, John Brakey, criticized the lawsuit, suggesting it sends a negative message to the public and could deter individuals from requesting information. He remarked, “This sends a terrible message to the public: that you need to be fearful of your government suing you for asking questions.”
The records in question, known as “cast voter records,” are anonymous spreadsheets that provide details on how votes were cast. Bennett emphasized the nonprofit’s intent to use these records to verify the accuracy of ballot counting, allowing the public to independently confirm election results.
During a briefing, Bennett and Brakey discussed the nonprofit’s plans, with Bennett noting, “In any county in Arizona or nationwide for that matter [people] can sit down and verify that the votes on these ballots are correctly reflected in the cast vote record, and that the results the county gave us are accurate. That’s all we’re trying to do.”
Brakey added, “And in Ken’s plan, the fifth part of that whole plan —” to which Bennett interjected, “Well, let’s not get into that right now —” highlighting the duo’s commitment to transparency in election processes.
Bennett, who played a role in the 2020 Maricopa County election audit as an “audit liaison,” continues to advocate for election integrity through his involvement with AUDIT-USA. The 2020 audit, conducted after claims of election fraud by former President Donald Trump, ultimately confirmed President Joe Biden’s victory in Maricopa County.
The outcome of this court case could have far-reaching implications for public access to election records and government transparency.
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