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Arizona’s AG Confirms It is Investigating Audit’s Election Fraud Claims, But Has Run Into a Problem

    Arizona’s Attorney General Mark Brnovich has confirmed in a letter to Arizona Senate President Karen Fann that his office is investigating election fraud claims related to the 2020 election, but it has run into a few obstacles.

    The state attorney general’s office is thus seeking more information from the Arizona Senate in order to proceed, as was detailed in a letter issued by Asst. Attorney General Jennifer Wright on Tuesday, which is provided below.

    Dear President Fann:
    The Elections Integrity Unit (“Unit”) of the Arizona Attorney General’s Office (“AGO”) is in receipt of your letter dated September 24, 2021 and related audit reports pertaining to the Senate’s forensic audit the 2020 General Election.
    In order for the Unit to conduct a thorough review of the information contained in those reports, we respectfully request the following:
    1. Unredacted copies of all reports;
    2. Appendices referenced in Cyber Ninjas Report, Vol. III;
    3. Evidence supporting findings contained in Dr. Shiva Ayyadurai’s report entitled “Pattern Recognition Classification of Early Voting Ballot Return Envelope Images for Signature Presence Detection by Echomail”;
    4. Evidence supporting findings contained in Ben Cotton’s presentation “Digital Findings”; and
    5. An opportunity to meet individually with each of the contractors/subcontractors that prepared the report or presented findings to the Senate.
    Please note that the Unit sent a letter to Maricopa County directing them to preserve all potentially relevant materials related to the 2020 General Election, 2020 Presidential Preference Election and the 2020 Primary Election. The Unit will send a follow up letter asking Maricopa County to respond to the reports’ findings, as well as inviting them to provide rebuttal evidence.

    On Monday, the Attorney General’s Office of the Solicitor General sent a notice to Maricopa County regarding the Arizona audit. It states the following:

    As you are aware, the Arizona Senate released the findings of the forensic audit of the 2020 General Election on Friday, September 24, 2021. The Elections Integrity Unit (“Unit”) of the Arizona Attorney General’s Office (“Office”) has begun its review of the report and materials provided by the Arizona Senate.
    Based on the information contained within the report, the Unit expects the need to obtain documents, files, and related information during the course of review that is potentially relevant to the 2020 General Election and is currently under the direct or indirect custody and care of the Maricopa County Recorder’s Office, Maricopa County Elections Department, and the Maricopa County Board of Supervisors ( combined referred to as “Maricopa County”).
    In light of our review, as well as the expectation the review may lead to further investigation or litigation, this letter is to provide notice to Maricopa County that a litigation hold should be in effect regarding all potentially relevant materials related to the 2020 General Election, as well as potentially relevant materials related to the 2020 Primary Election and 2020 Presidential Preference Election ( combined referred to as “2020 Statewide Elections”). All Maricopa County employees, contractors, sub­contractors, vendors, and assigns who were directly or indirectly involved in any aspect of managing the 2020 Statewide Elections should be made aware of this litigation hold and Maricopa County should take all actions necessary to ensure compliance.

    It also ordered that Maricopa County preserve the following in light of the forthcoming investigation:

    • Hard copies of documents, tangible items, and electronically stored information;
    • Electronic communications, including emails or instant messaging used by Maricopa County as well as county-owned or personal mobile devices and any other device that would contain potentially relevant data;
    • Electronic data stored on computer systems, election systems, removable electronic media (including floppy discs, CDs, DVDs, and flash memory media, including USB drives and memory cards), word processing documents, spreadsheets, databases, calendars, digital photographs or other digital images, internet usage files (including router information and splunk logs), telephone logs, and network access information;
    • Election equipment used to administer the 2020 Statewide Election, including systems used to verify ballot affidavit signatures, tabulators, computer equipment, and all election management equipment;
    • Any and all physical records including, but not limited to, all ballots (whether counted or not), returned early ballot envelopes (including undeliverable, unopened/rejected, opened), chain of custody documentation for all election-related materials, tracking logs (including electronic adjudication logs, duplicated ballot logs, and any election-related logs), internal documents related to election administration (including Maricopa County election procedures effective during the 2020 election), internal memos, voter registration forms (including documents to update or change voter registration records), and tally sheets;
    • All electronic files and footage captured by video monitoring equipment used on behalf of Maricopa County that contains still images, moving images and/ or any audio recordings of the inside and outside of the Maricopa County Tabulation and Election Center (“MCTEC”) the Maricopa County Recorder’s Office, and any satellite offices, facilities, or locations used in conjunction with the 2020 Statewide Elections; and
    • Building access records maintained by Maricopa County for all offices related to 2020 Statewide Election.

    During an interview in November, Attorney General Mark Brnovich cast doubt on allegations of election fraud and affirmed his belief that Joe Biden would “win” the state.

    “It does appear that Joe Biden will win Arizona,” Brnovich said.

    “Brnovich also rejected baseless claims of election fraud by Democrats in Arizona,” the Arizona Mirror reported at the time. “He pointed out that, aside from Trump and U.S. Sen. Martha McSally, Republicans fared well in down-ballot races. The GOP maintained control of both chambers of the legislature, despite predictions of a Democratic takeover. Even Democratic Maricopa County Recorder Adrian Fontes, whose office jointly oversees the vote counting in the state’s largest county, is on the verge of defeat.”

    “If indeed there was some great conspiracy, it apparently didn’t work, since the county election official who’s a Democrat lost and other Republicans won,” Brnovich said.

    “Brnovich attributed the results to voters who split their tickets, voting for Biden over Trump and Democrat Mark Kelly over McSally, while voting for Republicans further down the ballot,” the Arizona Mirror noted.

    “That’s the reality. Just because that happened doesn’t mean it’s fraud,” he said.

    On Tuesday, Attorney General Mark Brnovich issued a statement about the Arizona election audit.

    “The Arizona Senate’s report that was released on Friday raises some serious questions regarding the 2020 election,” said Attorney General Mark Brnovich. “Arizonans can be assured our office will conduct a thorough review of the information we receive.”


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