Maricopa County will continue allowing ballot count watchers, strikes rest of deal

A memorandum of understanding that was reached between the Arizona Legislature and Runbeck, one of Maricopa County’s main election servicers, was repealed following a decision by the Maricopa County Board of Supervisors.

The agreement created would increase election integrity, allowing observers to be in the Runbeck facility when votes are being counted – as was done during July’s primary election. The only missing piece of the memorandum was the approval of Maricopa County, which was not given, according to a 550 KFYI radio interview with a proponent of the agreement, Rep. Alexander Kolodin, on Sept. 5.

While the decision would have had to have been made by the Maricopa County Board of Supervisors, Kolodin blamed Maricopa County Attorney Rachel Mitchell’s influence on the board for the agreement not going into effect, going so far as to state that Republican voters should not vote for Mitchell, a Republican candidate, for re-election.

“It was contingent on the approval of Maricopa County which we all thought we had secured,” Kolodin said. “We’re not seeking to go in and get more transparency on the county … we were seeking to go back into Runbeck’s facility and get transparency over the company - a private company. And now, Maricopa County, at the behest of the Maricopa County Attorney’s Office, is saying, ‘we’re not going to allow the legislature to do that.’”

Mitchell immediately took to X to defend herself, saying that she had nothing to do with this decision.

“Rep. Kolodin has misrepresented the situation by claiming that it was the Maricopa County Attorney’s Office (MCAO) that rejected this change in terms,” Mitchell wrote. “Quite the contrary: The Maricopa County Attorney’s Office has NO authority to accept or reject the terms. MCAO only can advise the Board of Supervisors as to what the law allows the Board to do. Rep. Kolodin’s misinformation campaign is false, irresponsible, and incendiary.”

Seemingly to reconcile the situation, Mitchell released a joint statement the following day with AZGOP Chairwoman Gina Swoboda, saying that while the memorandum was not accepted, they will continue to allow observers at the Runbeck facilities during the counting of ballots on election night.

“The AZGOP fully supports County Attorney Rachel Mitchell and is grateful for all that she does to protect the people of Maricopa County,” Swoboda said. “As party chair, I am devoted to election integrity — I know County Attorney Mitchell is too — and when Republicans unite, we win. Let’s stay focused and have a successful election, electing Republicans up and down the ballot.”

Kolodin responded by saying that he is grateful for this exception as he believes the observation program was the most important aspect of the MOU.

“Although there are other aspects of the MOU we will continue to work towards, no component was as critical as the improved observation program, which was integral to the proper functioning of the Timeline Bill,” Kolodin said.

The observation program allows for up to three “observers” from each political party to be present at Runbeck during the general election when the inbound sorting happens. They will also be granted access to the loading dock, camera feeds, sorting areas and ballot storage room entrances.

The other provisions in the memorandum that will not be in effect during the November election are allowing the Arizona House of Representatives to conduct an audit of the software used in Maricopa County for signature verification and allow two legislatures to view 2022 general election night footage of Runbeck’s loading dock to “increase public trust.”

According to Kolodin, Runbeck has been on board for all of the reforms mentioned in the agreement.

“I appreciate the cooperation of Runbeck’s new ownership and their willingness to provide greater transparency - the foundation of public trust and confidence,” Kolodin said.

Both Kolodin and Mitchell are running for re-election in November, and according to a statement put out by Kolodin, he will be voting for Republicans “up and down the ballot,” meaning that he is likely back to supporting Mitchell for re-election.