Robert Brutinel

“ Under Arizona law, “If any ballot, including any ballot received from early voting, is damaged, or defective so that it cannot properly be counted by the automatic tabulating equipment, a true duplicate copy shall be made of the damaged ballot in the presence of witnesses and substituted for the damaged ballot. All duplicate ballots shall be clearly labeled ‘duplicate’ and shall bear a serial number that shall be recorded on the damaged or defective ballot.” ”

“ In this election, Maricopa County has 27,869 duplicate ballots pertaining to the Presidential Electors. Witness testimony explained that “duplicate ballots” include those reflecting “overvotes” or votes for more than one candidate; overseas ballots; and ballots that are damaged or otherwise cannot be machine tabulated. The trial court also heard testimony from a number of witnesses who presented credible testimony that they saw errors in which the duplicate ballot did not accurately reflect the voter’s apparent intent as reflected in the original ballot. ”

“ After consulting with county boards and election officials, the Secretary is directed to compile the rules “in an official instructions and procedures manual.” The Election Procedures Manual “EPM,” has the force of law. The Court recently considered a challenge to an election process and granted relief where the county recorder adopted a practice contrary to the EPM. Arizona Pub. Integrity All. ”