[EL] Question re: Potential of Conflicts of Interest For Elections Officials

[Edward Still]

Paul,

Our state election system has the Sec of State (an elected official at the
top). At the county level, the Probate Judge (also elected) mostly runs the
show, but also sits on a board with the Sheriff and Clerk of the Circuit
(both elected) to appoint polling officials and certify the vote totals.

A municipal election is usually run by the City/Town Clerk (appointed), but
the mayor prepares the voters' list. If the mayor is running for
reelection, the council appoints a disinterested person to fulfill the duty.

Edward Still
Edward Still Law Firm LLC
429 Green Springs Hwy, STE 161-304
Birmingham AL 35209
205-320-2882
still at votelaw.com
www.linkedin.com/in/edwardstill <http://www.linkedin.com/edwardstill>
Twitter: @edwardstill



On Sat, Sep 3, 2016 at 1:22 PM, <info at arizonaspolitics.com> wrote:

> A debate <http://bit.ly/2bKppYm>has broken out today in Phoenix, and this
> group's collective expertise will be very helpful.
>
> The long-time Maricopa County Recorder, Helen Purcell*, concluded the
> tabulating of votes in her contested primary election early this morning
> (late last night). She ended up winning by 195 votes
> <http://bit.ly/2bKE6iU> (out of ≈309,000 counted). That is outside of the
> 50 vote automatic recount trigger.
>
> In a general election, each of the parties would have observers for the
> counting process - even if it would not quite be equal. However, in a
> primary election - and ESPECIALLY a contested primary for the County
> Recorder's position - both (all) candidates to not necessarily have equal
> access to observe.
>
> Does the challenger have grounds to contest the election, presumably based
> on Constitutional grounds. (If he simply seeks a recount, he would have to
> request an inspection, which would trigger a statute making him responsible
> for all costs if he is unsuccessful.)
>
> Do any of you know of statutes/regulations/etc in your jurisdictions which
> permit an Election Official to either recuse him/herself if a close
> election is anticipated, or to call in independent monitoring, or the like?
>
> Thanks--Paul
>
>
> *Yes, the same Ms. Purcell who became the center of national attention
> after the mega-lines during March's Presidential Preference Election. That
> is what motivated both this GOP challenger, and the Democratic challenger.
> A coalition of Democratic interests sued re: the polling places, and that
> suit may be nearing completion. State Election Director tweeted
> <http://bit.ly/2bMbqrl>"Headed to certain defeat, @PerkinsCoieLLP
> <https://twitter.com/PerkinsCoieLLP> walks away from polling place claims
> against Arizona in federal court." And, the parties are exploring
> settlement
> <https://www.scribd.com/document/322923204/Dems-vs-Arizona-Motion-Re-Possible-Settlement-083016>
> on some of the claims. (More details to come.)
>
> _____________________
>
> Paul Weich, attorney and co-founder
> www.ArizonasPolitics.com
> 602-908-9132
>
>
>
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>
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