Yet Another Delay for Public Records

Benny White, J.D.

September 17, 2021

As you know, we submitted a Public Records Request on August 11 for the ballot and vote counts generated by the Senate election review. We have not received those counts yet.

The Arizona Supreme Court dissolved the stay that was holding up the release of public records to American Oversight in its decision not to hear the appeal filed by the Senate. That decision by the Supreme Court threw the case back into Judge Kemp’s court for a final decision. Yesterday, Judge Kemp issued an order that may be helpful to break the logjam holding up release of these records.

The order tells the Senate to produce a pleading by the end of the day, Friday, September 17, listing all of the records they have received from the Ninjas and an expected schedule for the receipt of all records. If that pleading includes the counts we have requested we may be able to demand a response to our Public Records Request and get the counts in the near future, possibly before the Ninjas give their report to the Senate. I am not holding my breath.

However, Judge Kemp also prolonged the process, which he is required to do by legal procedures rules. Now, the principals in the American Oversight case will appear before Judge Kemp on October 7 to argue the issue of legislative immunity which the Senate is claiming to withhold records and redact vital information from documents they have produced.

That means we may not see the Ninja counts until sometime in mid- to late October, well after the Ninjas have submitted their “report” and the claims they make have been widely and frequently broadcast across the media outlets and social media without any way for us to factually counter what they claim.

The obfuscation by the Senate in contracting out important legislative work and then failing to properly supervise that work is frustrating for everyone. We are continuing to do everything we can to hold everyone involved accountable for the damage they have done and continue to do with this fraud.

Stay tuned.

Author: Benny White

J.D., Republican, Data Analyst for the Arizona Republican Party, Represent Pima County Administrator as member of Pima County Election Integrity Commission, 25 years of political activity, 14 years experience with election law, procedures and administration.