A Senate committee investigation of the recount in the 2004 House primary election in District 20 will be funded by the committee chairman and a Phoenix newspaper, it was confirmed by Arizona Capitol Times.

Sen. Jack Harper, R-4, chairman of the year-old Government Accountability and Reform Committee, says Senate President Ken Bennett refused to approve state funds for the probe, forcing him to pay some of the costs out of his own pocket. Mr. Harper, who has been asked by several Republicans to drop the investigation, said he is paying for postage and other minor expenses, but also might hire an attorney to help with the hearing, expected to begin in January.

Arizona Capitol Times has also learned that Phoenix New Times, which has published several lengthy articles on the disputed election, is putting up money to pay the expenses of a computer expert, who already has begun to examine 1,700 ballots from the recount that eventually nominated Republican John McComish. He went on to win a House seat in the general election.

New Times reporter John Dougherty says the newspaper is paying the airfare and other expenses of Iowa computer science professor Douglas W. Jones, which, Mr. Harper said should not exceed $3,000. On Jan. 20, Mr. Jones will begin testing voting machines used in the recount.

Mr. Dougherty was asked if paying for a legislative witness is a proper role for a newspaper. He said The New York Times was financially involved in the Bush v. Gore recount case in the U.S. Supreme Court. He then hung up on the reporter.

In one of his articles on the recount, Mr. Dougherty quoted Mr. Jones as saying, “It’s hard to tell whether they [election officials] are covering up incompetence or fraud.”

Some history

The District 20 recount came into question when it showed Mr. McComish went from four votes behind Anton Orlich after the primary votes were counted to 13 votes ahead after the recount. Yet unexplained to Mr. Harper’s satisfaction, 489 additional votes were tabulated in the recount.

Mr. Harper says he is not accusing anyone of a cover-up, but there should be an investigation.

“I hope questions are answered that weren’t answered in the court case,” he said.

Maricopa County Superior Court Judge Eddward Ballinger certified the contested recount confirming Mr. McComish’s nomination, but expressed concern about county’s Optech IV-C ballot tabulating machines. Mr. McComish went on to win a seat in the general election.

“Evidence heard today indicates our current system does not have a great ability to get an accurate count,” the judge said at the time.

Elections director: Undervotes made the difference

Karen Osborne, Maricopa County elections director, attributed the increase of nearly 500 votes to the machines’ reading of mailed-in early ballots that were undervotes, those that indicated a vote for only one candidate instead of two. “The IV-Cs have a great deal more sensitive technology,” she testified. “They will pick up marks on ballots.”

The Senate committee has hired Douglas Jones, a computer science professor at the University of Iowa and expert on voting machines. He will examine and test three voting machines used in the recount, Mr. Harper said.

Mr. Jones said in a published account that he has studied the District 20 situation extensively. “It’s hard to tell whether they are covering up incompetence or fraud,” he told a reporter.

A few critics

Some of Mr. Harper’s fellow Republicans are not pleased that he wants an investigation of election procedures. Rep. Jonathan Paton, R-30, vice chairman of the House Government Reform and Financial Accountability Committee, says there’s no need for an investigation.

“The election is over. We have to move forward,” he said, adding that he was not speaking for other committee members. “Sure, we need to make sure there are no glitches, but there’s no use rehashing this.”

Mr. Harper, who has issued a subpoena to Maricopa County Treasurer David Schweikert ordering him to turn over the ballots in the disputed race, was asked if he’s getting pressure from other legislators to drop the investigation.

“Sorry, I can’t answer that at this time,” he said.

Mr. Schweikert says statutes require that a court order is required for him to turn over the ballots. Mr. Harper told Arizona Capitol Times the committee subpoena “is binding.”

ARS 41-1151 says a subpoena may be issued by the presiding officer of either house or the chairman of any committee. Statues also grant witnesses immunity if their testimony might be self-incriminating.

Witnesses refusing to appear may be arrested by the sergeant-at-arms and may be cited for contempt. The Legislature is authorized to imprison anyone who refuses to attend or be examined as a witness, but the length of the imprisonment may not extend beyond final adjournment of the session.

The creation of government accountability and reform committees in both houses was part of leadership’s committee restructuring The purpose of the new Senate committee, said Mr. Bennett, is to make a thorough examination of at least one major state agency per year.

At the time, Mr. Harper said he wanted to take a look at the Department of Corrections, but instead held hearings on travel expenses and other spending at the Department of Environmental Quality.

Mr. Harper says his committee is “the legitimate place” to investigate the handling of the recount.

He said he felt Mr. Bennett’s decision not to fund the investigation was unfair because the Senate president didn’t have a problem requesting a grand jury investigation of the Lewis Prison hostage standoff. He said the investigation cost the state $300,000.

Mr. Bennett was unavailable for comment when the Capitol Times went to press Dec. 15.