A report dealing with tests performed on voting machines has further ignited a political and journalistic firestorm surrounding a Senate investigation of a disputed recount election.

The report from a university computer sciences professor hired by Sen. Jack Harper and whose fees were guaranteed by Phoenix New Times concluded that neither fraud or voting machine malfunctions were likely directly responsible for a change in the outcome of the 2004 Republican primary in District 20 between John McComish and Anton Orlich. An additional 489 votes were tabulated in the recount, giving Mr. McComish the nomination after he trailed by four votes in the original count.

The same conclusions were reached in a court hearing and an investigation by the Maricopa County Attorney’s Office.

Douglas Jones, a recognized voting machine expert, did cite problems with excessive handling of the recount ballot, varying sensitivities of optical scan machines, instructions given to voters, a lack of knowledge by elections officials about how voters mark their ballots, and he said there was a lack of elections oversight by the Secretary of State’s Office.

Mr. Jones recommends an examination of the recount ballots in his report, and Mr. Harper says he will again petition Superior Court to gain access to the ballot, based on Mr. Jones’ report.

“Without empirical examination of a random sample of voted ballots, there is no way to decide between the hypothesis that ballots have been altered and the hypothesis that ballots were miscounted by poorly calibrated machines after a recount identifies such discrepancies,” Mr. Jones wrote.

He also states in his report that Mr. Orlich and Mr. Harper contacted him last year regarding an investigation.

Who got the report first≠

Despite Mr. Jones’ assurances his report would first be given as a public document to the state Senate, New Times received it in advance and published an interview with Mr. Jones on Jan. 11 that was significantly more critical of the county’s elections system than he stated in his report. The report was sent to Senate President Ken Bennett after 11 p.m. Jan 11 and made available to Capitol reporters the next day.

Mr. Jones was traveling and unavailable for comment at press time Jan. 12, but claimed his report had not been completed until Jan. 11.

“I was up until midnight last night getting things banged out,” he said in an e-mail to Arizona Capitol Times on Jan. 12.

Mr. Bennett, who said he would pay expenses necessary to ensure the Senate received Mr. Jones’ report first, thus making it a public document, said he was “disappointed he [Jones] hasn’t done what he told us would be done.”

Rick Barrs, editor of New Times accused Mr. Bennett of acting dishonestly.

“If Senator Bennett’s paying for Jones, that’s great,” Mr. Barrs said in an e-mail to Arizona Capitol Times. “I’m saying it’s high time that Bennett started acting like an honest public official, instead of doing everything in his power to cover this thing up.”

Mr. Bennett said, “I’m not going to dignify that with a response.”

Barnett Lotstein, a special assistant county attorney, said there was “nothing new” in Mr. Jones’ report, and the county has taken steps to eliminate the problems that occurred in the District 20 recount.

Mr. Harper dropped his motion this week for a Jan 13 court hearing on his request to examine the recount ballots, saying he wouldn’t receive Mr. Jones’ report in time to argue the case. Mr. Lotstein said Mr. Harper’s “reason given to the court was inaccurate.”

“With the circumstantial evidence, a reasonable person would know [that Mr. Harper was aware the report was available earlier], given the relationship among the parties.

“We’ve got a situation with Harper not being candid with Jones, and Jones not being candid with whomever,” Lotstein said. “How can you rely on anything Mr. Jones puts out≠ [Jones’ report] sure the heck isn’t worth $3,000 [the amount guaranteed by New Times]. This is one big bizarre, inappropriate situation.”

Mr. Harper sent repeated e-mails to Mr. Jones, which were furnished to Arizona Capitol Times, asking when the report would be available. He denied any knowledge of a deal between Mr. Jones and New Times.

“Barnett Lotstein is not an elected official,” Mr. Harper said. “I challenge [County Attorney] Andy Thomas to say this [that Mr. Harper knew the report was available earlier].”

But Mr. Harper said Mr. Jones should not have advanced the report to New Times. “This could have been avoided had Bennett paid Jones’ invoice.”

Sen. Brotherton to seeks ethics investigation

Sen. Bill Brotherton, D-14, says he is going to pursue an ethics investigation against Mr. Harper.

“We’re moving forward with an investigation,” he said. “The circumstances of the timing of the release of the report and the timing of the New Times article warrant us checking into the relationship.”

Maricopa County Recorder Helen Purcell said she would not comment on Mr. Jones’ report because of the possibility of further litigation.

Kevin Tyne, deputy secretary of state, said Secretary of State Jan Brewer called for an immediate accounting by the county of the District 20 recount and has since promoted election reform legislation this session dealing with recounts, including standards for marking pens used to vote.

An anonymous e-mail Jan. 12 notified news media of a planned protest about election issues at the county building that noon.