Press Release

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FOR IMMEDIATE RELEASE

Prescott, AZ November 22, 2023… The thuggish abuse of office and overreach of authority by the
Arizona Attorney General Kris Mayes, is the substance of tyranny. Never before, as far as we can tell, has
an Executive Branch officer, which is what the Attorney General is, threatened the elected representatives
of the People with felony prosecution for doing their job. The Mohave County Board of Supervisors is a
Legislative Branch office because they pass ordinances (laws) for civil conduct. The AG’s letter
threatening to pursue criminal charges against elected officials engaged in due diligence, and in pursuit of
compliance with a lawfully passed, Constitutionally based directive is by any measure an abuse of
authority.

In a letter to the Mohave County Board of Supervisors, Mayes said if the board moves forward with a
hand count, the state will “promptly sue and obtain a court order,” and added the court may hold board
members who voted in favor liable for misconduct in the form of “various felony and misdemeanor
criminal penalties,” and “subject them to personal liability for any public funds used for this illegal
purpose.” This threat of personal injury by the AG is an illegal act. It is a criminal offense to threaten an
elected body under color of authority. And, there is a claim for violation of the civil rights of the
Supervisors and the People they represent under 42 U.S.C. § 1983.

“What are the Democrat Attorney General and Secretary of State so terrified of? Could it be that the
machines do not accurately count votes? We will never know without a full hand count that is done side
by side to eh machine count. This would have been the ideal opportunity for government to restore
confidence in the elections process, but instead we have witnessed an epic failure,” Mr. Mark Finchem,
CEO of the Election Fairness Institute.

It is a gross misrepresentation for the AG and Deputy County Attorney Ryan Esplin to assert that the BoS
was acting illegally. Esplin is correct on one thing, nothing in the law authorized the county to do a hand
count. At the same time, nothing in the law has forbidden a hand count, nothing. While Esplin said,
“The legislature knows very well that they can put in a hand count, and they didn’t put it in there,” the
Legislature also respects local control. Esplin’s assertion is also disingenuous.

Mr. Finchem explains, “Moreover, Esplin and Mayes artfully, and specifically disregarded the specific
action that they claim the Legislature did not “put in” The Legislature did indeed give clear and concise
direction to counties during the 2023 Regular Session, in the form of Senate Concurrent Resolution 1037,
citing Article I, Sec. 4, Clause 1 of the Constitution of the United States, requiring that electronic election
tabulation equipment must meet or exceed Department of Defense cyber security standards as they are
considered by the federal government to be “critical infrastructure.”

The Boards of Supervisors are directly responsible for elections, not the state. That means local control
matters, and if the Boards of Supervisors are to be confident in their certification of elections, they must
have the latitude to conduct their due diligence; that means when there is evidence of machine error, like
what was witnessed recently in Pinal County on ES&S machines with three different results on three
different attempts, a complete hand count for comparison is warranted.

One additional concern, the AG left out, it is a felony in Arizona to certify by signing onto a document
based in fraud. Both elected and appointed officials who sign an official document that they knew or
should have known was rooted in fraud are criminally liable for the deception. The threatening letter from
AG Mayes must be immediately withdrawn.

Election Fairness Institute, Inc. P.O. Box 44836, Phoenix, AZ 85064

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