5-12-21 Letter To Maricopa County Board

KAREN FANN COMMITTEES:
SENATE PRESIDENT Rules, Chairman

FIFTY-FIFTH LEGISLATURE
1700 WEST WASHINGTON, SENATE
PHOENIX, ARIZONA 85007-2844
PHONE: (602) 926-5874
TOLL FREE: 1-800-352-8404
[email protected]
DISTRICT 1
Arizona State Senate
May 12, 2021
Maricopa Board of Supervisors

c/o Chairman Jack Sellers
301 West Jefferson Street, #10
Phoenix, Arizona 85003
Dear Chairman Sellers:
I am writing to seek your assistance and cooperation in the resolution of three (3) serious issues
that have arisen in the course of the Senate’s ongoing audit of the returns of the November 3,
2020 general election in Maricopa County.
I. Ongoing Non-Compliance with the Legislative Subpoenas
The first issue concerns Maricopa County’s apparent intent to renege on its previous
commitment to comply fully with the legislative subpoenas issued on January 13, 2021, which,
as you know, Judge Thomason found were valid and enforceable.
To date, attorneys for Maricopa County have refused to produce virtual images of routers used in
connection with the general election, relying on a conclusory and unsupported assertion that
providing the routers would somehow “endanger the lives of law enforcement officers, their
operations, or the protected health information and personal data of Maricopa County’s citizens.”
If true, the fact that Maricopa County stores on its routers substantial quantities of citizens’ and
employees’ highly sensitive personal information is an alarming indictment of the County’s lax
data security practices, rather than of the legislative subpoenas. Similarly, the County’s assertion
that producing the internet routers for inspection would cost up to $6,000,000 seems at odds with
Deputy County Attorney Joseph La Rue’s prior representation to Audit Liaison Ken Bennett that
the routers already had been disconnected from the County’s network and were prepared for
imminent delivery to the Senate.
Nevertheless, in an effort to resolve the dispute regarding production of the routers, we propose
that agents of CyFIR, an experienced digital forensics firm and subcontractor of Cyber Ninjas,
review virtual images of the relevant routers in Maricopa County facilities and in the presence of
representatives of the Maricopa County Sheriff’s Office. Such an arrangement would permit
Maricopa County to retain custody and monitor the review of router data, while ensuring that the
Senate may access the information it requires—and to which it is constitutionally entitled—to
successfully complete its audit. The Senate has no interest in viewing or taking possession of
any information that is unrelated to the administration of the 2020 general election.
Separately, Maricopa County has refused to provide the passwords necessary to access vote
tabulation devices. Its attorneys’ insistence that the County does not have custody or control of
this information is belied by the County’s conduct of its own audits, which, if they were as
comprehensive as they purported to be, almost certainly would have entailed use of the
passwords to examine the tabulation devices, and it strains credulity to posit that the County has
no contractual right to obtain (i.e., control of) password information from Dominion.
II. Chain of Custody and Ballot Organization Anomalies
As the audit has progressed, the Senate’s contractors have become aware of apparent omissions,
inconsistencies, and anomalies relating to Maricopa County’s handling, organization, and storage
of ballots. We hope you can assist us in understanding these issues, including specifically the
following:
1. The County has not provided any chain-of-custody documentation for the ballots. Does
such documentation exist, and if so, will it be produced?
2. The bags in which the ballots were stored are not sealed, although the audit team has
found at the bottom of many boxes cut seals of the type that would have sealed a ballot
bag. Why were these seals placed at the bottom of the boxes?
3. Batches within a box are frequently separated by only a divider without any indication of
the corresponding batch numbers. In some cases, the batch dividers are missing
altogether. This lack of organization has significantly complicated and delayed the audit
team’s ballot processing efforts. What are the County’s procedures for sorting,
organizing, and packaging ballot batches?
4. Most of the ballot boxes were sealed merely with regular tape and not secured by any
kind of tamper-evident seal. Is that the County’s customary practice for storing ballots?
5. The audit team has encountered a significant number of instances in which there is a
disparity between the actual number of ballots contained in a batch and the total denoted
on the pink report slip accompanying the batch. In most of these instances, the total on
the pink report slip is greater than the number of ballots in the batch, although there are a
few instances in which the total is lower. What are the reasons for these discrepancies?
For your reference, please see several illustrative (i.e., not comprehensive) examples in
the table below:
Pallet Ballot Type Batch Pink Slip Total Actual Total Discrepancy
5 EV 2104 200 198 -2
5 EV 9276 200 165 -35
15 EV 9278 200 187 -13
15 EV 1643 200 218 18
7 EV 6359 197 187 -10
For your convenience, images of the corresponding pink report slips are attached in Exhibit A.
III. Deleted Databases
We have recently discovered that the entire “Database” directory from the D drive of the
machine “EMSPrimary” has been deleted. This removes election related details that appear to
have been covered by the subpoena. In addition, the main database for the Election Management
System (EMS) Software, “Results Tally and Reporting,” is not located anywhere on the
EMSPrimary machine, even though all of the EMS Clients reference that machine as the location
of the database. This suggests that the main database for all election related data for the
November 2020 General Election has been removed. Can you please advise as to why these
folders were deleted, and whether there are any backups that may contain the deleted folders?
The image below shows the location of the files known to be deleted. In addition, the main
database for “Results Tally and Reporting” is not present.
***
I am hopeful that we can constructively resolve these issues and questions without recourse to
additional subpoenas or other compulsory process. To that end, I invite you and any other
officers or employees of Maricopa County (to include officials in the Elections Department) who
possess knowledge or information concerning the matters set forth above to a meeting at the
Arizona State Capitol on Tuesday, May 18, 2021 at 1:00 p.m. in Hearing Room 109. Chairman
Petersen, former Secretary Bennett and I will attend the meeting, which will be live-streamed to
the public.
Please let me know at your earliest convenience whether you accept my invitation and, if so,
which Maricopa County personnel will attend.
Thank you for your cooperation on these important issues of public concern.
Respectfully,
Karen Fann, President

Arizona State Senate
Exhibit A

5-12-21 Letter To Maricopa County Board

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KAREN FANN COMMITTEES:

SENATE PRESIDENT Rules, Chairman

Arizona State Senate

May 12, 2021

Maricopa Board of Supervisors

Dear Chairman Sellers:

I. Ongoing Non-Compliance with the Legislative Subpoenas

II. Chain of Custody and Ballot Organization Anomalies

5 EV 2104 200 198 -2

5 EV 9276 200 165 -35

15 EV 9278 200 187 -13

15 EV 1643 200 218 18

7 EV 6359 197 187 -10

III. Deleted Databases

Karen Fann, President

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