The first ever "Forensic Audit" of Election 2020 is happening in Maricopa County, Arizona. When I first heard about it, I had no idea how the thing got started and couldn't find any good source on the matter. So I took it upon myself to research all the events that led up to the commencement of the Forensic Audit.
There are links to everything I found while doing the research and have included them at each step of the way. Hope you enjoy the journey!
On November 30 several Arizona Republican House and Senate members met at a hotel in Pheonix. This informal meeting could be considered the first major event which eventually triggered the Forensic Audit. The intent of the meeting was to address the myriad of concerns regarding election integrity raised over the previous weeks.
About two weeks after that meeting, with rumors swirling in the press, the Arizona Senate announced an official hearing to address the concerns. This hearing was broadcast live and took place on December 14. At the conclusion of the hearing Eddie Farnsworth, Chairman of the Senate Judiciary Committee announced the Senate would be writing subpoenas to the Maricopa County Board of Supervisors seeking access to various election materials.
Two different subpoenas are written and delivered to the Maricopa County Board of Supervisors requesting various election materials, including all 2.1 million ballots, be delivered to the Arizona Senate "... on or before 5:00p.m. on December 18, 2020". They are signed by Eddie Farnsworth, Chairman of the Senate Judiciary Committee and Karen Fann, President of the Arizona State Senate.
Rather than comply with the subpoena, the Maricopa County Board of Supervisors vote 4-1 in favor of filing a complaint with the Superior Court. They do this a few shot hours before the deadline to comply with the subpoena. In essence the complaint alleges the Arizona Senate lacks proper authority to issue the subpoena in the first place.
On December 22, Arizona Republican Senators file a lawsuit which requests a court order compelling the Maricopa County Board of Supervisors to comply with the subpoenas. On the following day, the legal authority of the Senate to issue the subpoena is officially affirmed by Judge Randall Warner. Additionally, on December 30 Arizona Attorney General Mark Brnovich weighed in on the matter. He also affirms the Senate's legal authority to issue the subpoena.
As the legislative session which issued the original subpoenas ended on January 11, 2021, those subpoenas were at risk of being declared moot. With this knowledge, when the new legislative session began the following day, two new subpoenas were issued asking for the same materials as found in the original subpoenas. These new subpoenas demanded all materials be delivered the next day by 9:00am. This deadline was promptly missed by the Maricopa County Board of Supervisors.
On the same day Joe Biden was inaugurated as President, the Maricopa County Board of Supervisors agreed to comply with the subpoenas. However, they insisted on choosing and hiring the firms which were to have access to the materials and ultimately perform the Audit. One week later, on January 27, the Maricopa County Board of Supervisors announce the two auditing firms they have hired.
Karen Fann, President of the Arizona State Senate, announced the Senate was also going to hire an auditing firm. This firm would be in addition to the firms hired by the Maricopa County Board of Supervisors.
The Maricopa County Board of Supervisors declare they will not provide subpoenaed materials to the firm hired by the Arizona Senate. Their reasoning revolves around protecting voter privacy as the firm chosen by the Arizona Senate is not officially certified to audit elections. One day later, Representative Mark Finchen, R-Oro Valley, speaking on Steve Bannon's podcast states those disobeying the subpoena will be arrested if they continue with their failure to comply.
Facing arrest for non-compliance, the Maricopa County Board of Supervisors file another lawsuit subsequently slowing the process down. This time the lawsuit claimed it would be unlawful for the Maricopa County Board of Supervisors to deliver voter materials to the uncertified auditing firm chosen by the Arizona Senate. Showing concern they might lose this lawsuit, the Arizona Senate through committee "advance[s] a proposal ... that says ballots and election machines are not privileged, confidential or protected from disclosure if the Legislature issues a subpoena." Thirteen days after the lawsuit was filed Senate Bill 1408: legislative subpoena; records; privilege, passes on a 16-14 vote. Meanwhile, on February 24 the two firms hired by the Maricopa County Board of Supervisors announce the conclusion of their Audit stating no issues were found.
Twenty days after the lawsuit challenging the new subpoenas was filed, the Judge ruled in favor of the Arizona Senate. Following this favorable ruling, on March 18, Karen Fann President of the Arizona State Senate, announced the scope of the Forensic Audit.
Thirteen days after that the Arizona Senate announced four firms had been hired. Among them are Cyber Ninjas which releases a Statement of Work detailing their intentions.
The Maricopa County Tabulation and Election Center ("MCTEC") is where all the subpoenaed materials have been stored since election day. As the subpoenas made no mention of using the MCTEC, the Maricopa County Board of Supervisors refused the Arizona Senate access to this facility. Stating they have no problem delivering the materials to whatever replacement venue is acquired. Thirteen days later, on April 14, the Arizona Senate secures the Veteran's Memorial Coliseum as a replacement venue.
Presumably, all materials requested in the subpoenas are delivered to the Veteran's Memorial Coliseum. A total of one hundred and twenty eight days have passed between the deadline in the original subpoenas and the date of delivery.
Just as the Forensic Audit is set to commence, the Arizona Democratic Party along with an individual Maricopa County Supervisor file an emergency restraining order seeking an immediate halt of Forensic Audit operations. The next day, a Judge requests the Arizona Democratic Party post a $1,000,000 bond to pause the Forensic Audit while the lawsuit is being considered. The Arizona Democratic Party responds that it will not post the requested bond, therefore the Forensic Audit is free to commence.
To very little fanfare the Forensic Audit begins, this is reported sparingly and completely ignored by most media.
