Election officials reject Arizona GOP lawmaker's instructions

But Democratic Secretary of State Adrian Fontes is telling those same county officials they are free to ignore that claim, which he says isn’t accurate.

In a letter Monday to supervisors in all 15 counties, Senate Majority Leader Sonny Borrelli, a Lake Havasu City Republican, acknowledged that Democratic Gov. Katie Hobbs vetoed legislation that would have imposed the mandate. Hobbs said there is currently no equipment available that meets the requirement, meaning elections could not be properly run.

But Borrelli pointed out that both the Arizona House and Senate approved a separate resolution — which does not require gubernatorial consent — with essentially the same provisions as the vetoed bill. He told county supervisors that from now on they can use only equipment for elections that meets the domestic content requirement.

‘Does not have the force of law’

Clint Hickman, a Republican who chairs the Maricopa County Board of Supervisors, said there’s no truth to that.

“A single member of the Arizona State Senate cannot make laws or direct other divisions of government to take actions counter to state law,’’ Hickman said.

State law requires the use of tabulation equipment to count paper ballots, Hickman said.

Constance Hargrove, Pima County’s elections director, agreed.

“This is a resolution, not legislation, regarding election equipment and systems,’’ she said.

“It does not have the force of law,’’ Hargrove said. “It’s the opinion of legislators.’’

Fontes said if Borrelli and other lawmakers want to impose the mandate, they have to round up the legislative votes to amend the actual law and then have it signed by the governor, “which is not the case for this non-binding resolution.’’

‘National security’

The dispute is an outgrowth of unsubstantiated allegations that voting equipment used in the 2020 presidential election, which Donald Trump lost, was vulnerable to hacking.

Rep. Steve Montenegro, R-Goodyear, pushed through legislation earlier this year to forbid the use of voting equipment with foreign parts or not assembled here. He argued it’s a matter of “national security.’’

“Voting systems are designated as ‘critical infrastructure’ by the Department of Homeland Security,’’ Montenegro said, meaning “strict regulation regarding component sourcing, manufacturing and production” is needed.

Hobbs vetoed the measure as being unworkable even though it had a delayed effective date of 2028.

Borrelli said her action doesn’t matter. He said the resolution adopted by a majority of the House and Senate trumps the governor.

He said the U.S. Constitution gives states the authority to regulate the “times, place and manner’’ of conducting federal elections.

The resolution contends the only equipment that can be used for elections must come from “trusted suppliers, using trusted processes accredited by the Defense Microelectronics Activity as prescribed by the U.S. Department of Defense.’’

‘No legal weight’

Fontes said none of that can be mandated by a resolution.

“Election equipment must be certified by the federal and state government by specific requirements outlined in federal and state law,’’ Fontes said. “That certification process is being followed in Arizona and all applicable election equipment being used in Arizona is certified. If those requirements or certification processes were to be changed, it would require a regular bill to be passed by the Legislature and signed by the governor.”

Fontes referred any other legal questions to Democratic Attorney General Kris Mayes. A spokesman for Mayes said the resolution on which Borrelli relies “has no legal weight.’’

It also appears the majority leader is acting on his own, despite his claim in his letter to county officials that it is the will of the Legislature that only voting equipment that meets the requirements of the resolution can be used.

Senate President Warren Petersen, R-Gilbert, referred questions about the claim to Borrelli, saying, “It’s his release.”

Kim Quintero, spokeswoman for the Senate GOP, said Borrelli “is working independently of the Senate majority with regards to this topic.’’

Borrelli did not reply to repeated requests for comment.

Hickman said he understands what Borrelli is trying to do.

“I’m supportive of sourcing machinery and components made in the United States,’’ Hickman said. “But until that is realistic, the board of supervisors will appropriate the dollars needed to acquire (federal) Election Assistance Commission certified equipment in order to perform accurate, secure elections as defined by state law.’’