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Arizona Wins Last Minute Election Integrity Case

Stunning courtroom drama sets Arizona Secretary of State Office on its heels

State Representative Alexander Kolodin speaking on the floor of the Arizona House of Representatives at the Arizona State Capitol building in Phoenix, Arizona. (Photo: Gage Skidmore)

After a stunningly dramatic line of questioning by Obama-appointed U.S. District Court Judge Steven Logan, the court granted the plaintiff, Citizen AG (a non-profit public policy organization focused on government oversight and election integrity), access to approximately 1.2 Million allegedly improper voter registration records. The case, brought by Citizen AG, sought to force Arizona Secretary of State Adrian Fontes to strip the names of the questionable registrants from the voter roles to ensure that no disallowed voter could participate in the November 5, 2024, election.

Citizen AG, represented in court by attorney and Arizona House Rep. Alexander Kolodin (R-3), argued that removing the records in question best served the people of Arizona. However, Judge Logan’s modified the remedy to allow access to and review of the names in question, not removal. His decision sets a deadline of December 2, 2024, for Fontes to provide access. Although Citizen AG wanted complete removal, it is still seen as a win.

However, it was the line of questioning between Judge Logan and Fontes’ legal counsel, Assistant Attorney General Karen Hartman-Tellez, that was, by all accounts, a shocking end to the controversy. Judge Logan appeared visibly angered while questioning Hartman-Tellez, with the transcript reading like an old Perry Mason courtroom scene:

“THE COURT : Just one moment. Is there anything the Secretary can do before November the 5th as it relates to determining if there are any ballots that have already been cast by any members of exceptant registrants?”

MS HARTMAN-TELLEZ: Your Honor, I don’t…

THE COURT: You don’t know?

MS HARTMAN-TELLEZ: I don’t know I think it’s highly unlikely.

THE COURT: Why isn’t the Secretary here?

MS HARTMAN-TELLEZ: Well, Your Honor, because it is four days before an election and this…

THE COURT : Why isn’t one of the Secretary’s lawyers here that sees him every day and works with him every day?

MS HARTMAN-TELLEZ: Your Honor, this hearing was not — it wasn’t clear to us that this was to be an evidentiary hearing that witnesses were required. We can, you know, I…

THE COURT: You don’t know?

MS HARTMAN-TELLEZ: I do know that everyone working in the Secretary’s office is incredibly busy right now. Obviously, appearing in federal court is very important.

THE COURT: I know my courtroom deputy is incredibly busy. My court reporter is incredibly busy. The three lawyers behind you, I am sure they are all incredibly busy. The nature of being a professional and being gainfully employed, working and earning a wage that you pay taxes on, by virtue of what we do, I think we are all incredibly busy. But I wish I was in a position to tell the Ninth Circuit or the Supreme Court when something gets sent back to me, “I would have done better, but I’m incredibly busy.” don’t think the Ninth Circuit cares that I’m incredibly busy, because at the ends of the day under Article III, just like the Secretary of State, I have responsibilities that I need to take care of as it relates to my job.”

– Court Documents

This decision comes on the heels of another court mandate regarding the handling of approximately 218K registered voters who failed to proof of citizenship. It’s unclear what remedies will be available in either case if unauthorized voters are found on either list. The Arizona Globe has requested information from the SoS’s office but has not yet received a response.

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Steve Kirwan: Steve Kirwan is the founding editor of The Arizona Globe. He has called the state home for years and is deeply intrigued by its politics. A committed connoisseur of adult beverages with more than 20 years of experience reviewing and writing about whiskey and wine, Steve is also the editor of Wine and Whiskey Globe. He is the founder and editor of Single Malt USA and Whiskey Trends Online.
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