Arizona Attorney General Mark Brnovich opened an investigation into one of the state’s most contentious counties during the 2020 presidential election on Friday. Brnovich’s investigation comes over its failure to comply with enforceable legislative subpoenas requested by Arizona State Sen. Sonny Borrelli.
Brnovich sent notice to Maricopa County with a request for a written response from the county’s Board of Supervisors by 5pm on August 20.
The investigation comes following the county’s failure to comply with subpoenas for a variety of data requested by Borrelli, including routers, passwords, and other items relating to the election last year. The subpoena requests read as follows:
- All reports, findings and other documents concerning any breach of the voter registration server, the Maricopa County Recorder’s Office systems, or any other aspect of the Maricopa County elections systems at any time within six months of the November 3, 2020 general election.
- All ballot envelopes received in connection with the November 3, 2020 general election, or digital images of the same.
- All user names, passwords, pins and/or security keys or tokens required to access, or otherwise relating to, any and all ballot tabulation devices used in connection with the November 3, 2020 general election in Maricopa County. This is specifically for all levels of access, including, but not limited to, administrator access or any other level of access required to access and print the configuration of the ICP2 devices. This request also includes any materials that the County does not possess but which it has a right to access.
- All Maricopa County registered voter records to date, with any and all change histories including but not limited to the following:
- The field that was added, removed, or changed
- A timestamp (date and time) for the change
- Identifying information for the individual who made the change (internal employee ID and/or IP address)
- All routers used in connection with the November 3, 2020 general election, or virtual images of the same, and the public IP of each such router.
- All Splunk logs, network logs, net flows, or similar data related with systems associated in any way with the administration of the November 3, 2020 general election, for the time period beginning 60 days before the election and ending 90 days after the election.
In response to the state senate’s request, Maricopa County responded with a letter that impugned the efforts of constituents volunteering for the election audit, while professing that the county was already in compliance.
“Our election professionals and Board members have complied w/Senate demands & supplied everything professional auditors would need to do their job,” Maricopa County wrote in a tweet. “In fact, you can find results from 2 audits performed by certified companies the County hired here,” it added, linking to the Maricopa County election results from the two previous audits.
“The County has made consistent efforts to meet Senate demands that were safe and supported by law. Of course, we can only provide what we actually have,” the county added.
Indeed, Maricopa County claims that all the items requested in the subpoenas were already provided to the Senate and that “no routers have ever been connected to the tabulation equipment or the Election Management System,” adding that “The County will not provide its network routers used to support over 50 departments as there are significant security risks posed by producing its routers.”
The County has made consistent efforts to meet Senate demands that were safe and supported by law. Of course, we can only provide what we actually have. Find the facts and learn more about election processes at https://t.co/PHPv4LKhkc https://t.co/iwkThng8UD pic.twitter.com/km9aWIc9Zy
— Maricopa County (@maricopacounty) August 5, 2021
Additionally, the county authorities say that “all logs need to independently assess whether the tabulation equipment connected to the internet were provided to the Senate,” including Windows Security Event logs.
Finally, the county said in May that it could not release any of the voting machine data because user names, passwords, and security keys, etc. were the “intellectual property” of Dominion and that releasing it to the “Cyber Ninjas” would be “reckless, causing irreparable damage to the commercial interests of the company and the election security interests of the country.”