A court action against Secretary of State Jan Brewer regarding the implementation of a new law calling for hand counting of ballots has apparently been made moot by federal approval of the law.
The Justice Department precleared the new law Aug. 11. Enacted as an emergency bill, S1557 requires Mrs. Brewer to appoint a “Vote Count Verification Committee” by 30 days prior to the primary election. That seven-person committee, which was named Aug. 14, “shall meet and establish one or more designated margins to be used in reviewing the hand counting of votes” as required by the law.
The law mandates that hand counts be used as spot checks against voting machine tabulations in certain federal, state and local races on 2 percent of the total vote or 2 percent of the precincts, which ever is greater, in every county. The reform measure, which proponents have sought for 10 years, gained new life with a 2004 primary election recount controversy in the District 20 House race.
Libertarian candidate for secretary of state Ernest Hancock filed a special action in the state Supreme Court earlier this month, urging Mrs. Brewer to appoint the committee. He and other Libertarians have alleged that Mrs. Brewer and other elections officials don’t like the law and were going to try to thwart its implementation.
In her response to the court, Mrs. Brewer said she could not appoint the committee without preclearance of the law by the Justice Department.
Mr. Hancock has since complained that the Secretary of State’s Office was slow in placing applications for the committee on its Web site and extending the deadline for applications.
The 30-day limit before the primary fell on Saturday, Aug. 12, and applicants were given until 2 p.m. on Monday, Aug. 14, to apply for a spot on the committee. Mr. Hancock also complained the extension was to allow a candidate hand-picked by Mrs. Brewer time to apply.
Committee members must have expertise in any two or more areas of advanced mathematics, statistics, random selection methods, system operations or voting systems.
They are prohibited from having been affiliated with or received income over the past five years from any person or entity that provides election equipment or services to the state.
FYI
Members of the Vote Count Verification Committee:
• William Lewis, founding chairman of the Computer Science Department at Arizona State University.
• Elliott Pollack, president Elliott D. Pollack and Company, economic expert.
• Richard Snodgrass, ASU Department of Computer Science.
• John D. Stewart, information systems consultant, Maricopa County Elections Department.
• Lynn Constabile, elections director, Yavapai County.
• Michael Totherow, chief technology officer, Department of Administration.
• Christopher Bradley, Maricopa County deputy budget director.