A Pima County Superior Court judge on June 12 will hear arguments to determine if a delay is warranted for a public records dispute between the county’s Democratic Party and the Pima County Board of Supervisors.
Lawyers for the board filed for the delay May 24, arguing the Attorney General’s Office needs time to investigate claims that the county “flipped” the results of a May 2006 election that approved a sales tax expected to raise $2 billion for transportation projects.
That accusation came from Bill Risner, a Tucson attorney for the Pima County Democratic Party, according to court documents. He is handling two cases for the party, one regarding the release of voter databases under public records laws, and the other addressing vote counting procedures in previous Pima County elections.
Both Risner and Pima County Administrator Chuck Huckelberry have asked the Attorney General’s Office to investigate the Regional Transportation Authority election that approved a half-cent sales tax to fund transportation projects for the next 20 years.
Andrea Esquer, a spokeswoman for the Attorney General’s Office, said she could not confirm or deny an investigation is being conducted though court documents “suggest” one is occurring.
The county’s Board of Supervisors in mid-May asked Judge Michael Miller to dismiss the Pima County Democratic Party’s public records request for voter databases and other files, stating the information was protected under state law and could jeopardize election security by revealing clues to voting machine computer programs.
Former lawmaker: Democrats concerned about election integrity
Former state Rep. Ted Downing, a Democrat, said the party became suspicious of the RTA vote counting after encountering “irregularities” that led them to believe voter summaries detailing early ballot results had been printed a week to 10 days before the closing of polls.
He said the party supported the RTA tax, but was more concerned about protecting election integrity and access to public information.
“We’re on the side of the public’s right to know,” said Downing, adding that he believes the release of the database and related files would in no way harm computer program security.
On May 18, in response to the fraud allegation, Huckelberry ordered County Elections Director Brad Nelson to secure ballots and voter materials, including electronic files, for the November 2006 and May RTA elections pending a further independent review that Huckelberry said will prove Risner’s allegations to be “completely untrue.”
The Arizona Daily Star on May 31, reported that RTA attorney Thomas Benavidez said the RTA election results would stand, even if it is determined the outcome was illegally reversed to secure victory at the polls.