Toothless resolution on elections equipment flagged for supervisors

Senate Majority Leader Sonny Borrelli, R-Lake Havasu City, reminded county boards of supervisors on Monday that the Legislature passed an amendment on elections equipment back in April, but the resolution doesn’t have the power of a law and can’t be upheld.

Not all concurrent resolutions have power. If they are sent to voters and approved, they do become laws, but not in this case as Senate Concurrent Resolution 1037 only passed through the Legislature and was transmitted to the secretary of state. It doesn’t go to the governor.

Secretary of State Adrian Fontes tweeted today pointing this out.

Borrelli wrote to every county board of supervisor in the state today, and in his letter, said it is incumbent upon the Legislature to exercise its “plenary authority.”

Borrelli cited a clause of the federal constitution, which states: “The Times, Places and Manner of holding Elections for Senators and Representatives, shall be prescribed in each State by the Legislature thereof; but the Congress may at any time by Law make or alter such Regulations, except as to the Places of chusing Senators.” Borrelli said “electronic voting systems” as a “manner” are not “mandated in statute to be used as a primary method for counting, tabulating or verification.” Therefore, he concludes that electronic voting systems cannot be used as the primary method, unless they fall under the language of SCR1037.

The resolution passed the House and Senate on party lines and was transmitted to the secretary of state on April 3. When asked why he’s writing to the counties about it now, Borrelli responded in a text; “why not now?”

The resolution itself asks for a myriad of things. Number one, it asks that elections equipment is made in America because “computerized voting machines and systems used in this state contain electronic components that are manufactured, assembled or tested in foreign nations that pose a threat to the United States and include unsecure components in computerized devices that can and have been used to infiltrate, exfiltrate and manipulate data as discussed in various publications.” Number two is that the source code for computerized voting machines for federal elections are made public. Lastly, ballot images and system log files would be posted on the secretary of state’s website within one day of the election.

In a press release issued today from his office Borrelli said he’s notifying boards of supervisors that they need to prioritize national security. “The federal government has made it very clear that elections equipment is considered a target by those who want to threaten the safety and security of our country,” Borrelli is quoted in the release. “We have long ignored this elephant in the room by allowing electronic voting systems made with parts produced in countries considered adversaries to the United States to be used as the primary method for conducting our elections. It is in our state’s and nation’s best interest that we comply with implementation of security measures to protect our republic.”

Maricopa County Supervisor Tom Galvin said in a text that the way he reads it, this resolution directly contradicts state statute.

Due to the nature of the legislation, if a member of a board of supervisors goes against the resolution, they won’t be penalized.

“It has no legal impact,” Arizona Attorney General’s Office spokesperson Richie Taylor said.