The office of AG Mark Brnovich has sent a letter to the office of Secretary of State Katie Hobbs threatening criminal charges unless she changes the directives she sent over the E-Qual online system to possible 2022 candidates. She told them that she would shut the system down after the redistricting map is approved. That system allows Arizona law requires the Secretary of State to provide a secure internet portal for candidate petitions.
This comes after Hobbs, who was funded by George Soros tried to set guidelines for the 2022 elections that violated Arizona law and would allow the type of cheating that allowed Biden to win in 2020. But, Brnovich has been swamped with proof of cheating in the 2020 election and he has done nothing. Why would he do something now, you might wonder. Because both Hobbs and Brnovich are running for governor.
Brnovich knows he can’t win if he allows Hobbs to cheat the way she did in 2020 and so he is not allowing her to get away with it. But, Arizona voters must vote for another candidate in the primaries. If Brnovich will not do the job he was elected to do as AG, why would anyone expect him to do his job as governor?
On Friday, Assistant Attorney General Jennifer Wright sent an email to the Secretary of State’s office, threatening Katie Hobbs’ with a class 6 felony if she follows through:
Sambo “Bo” Dul
General Counsel & Sr. Election Policy Advisor
Arizona Secretary of State
1700 West Washington Street, 7th Floor
Phoenix, Arizona 85007
Re: Availability of E-Qual for 2022 Legislative & Congressional Candidates
Dear Ms. Dul:
We have received numerous complaints regarding the Secretary of State’s Office (“SOS”) recent communication to congressional and legislative candidates regarding the E-Qual online system. An email sent from the SOS dated January 11, 2022, informed candidates that the system would be suspended when the new redistricting maps are finalized and likely remain unavailable through the remainder of the filing period. The purpose of this letter is to inform you that any such action would be contrary to law. The SOS must therefore take all steps necessary to continue the E-Qual system during the remainder of the candidate filing period in order for the Secretary of State to comply with the law and her legal duties.
The law requires the Secretary of State to provide an online system for congressional and legislative candidates to gather nomination signatures: “Notwithstanding any other statute in this title, the secretary of state shall provide a system for qualified electors to sign a nomination petition … for [candidates for statewide and legislative offices] by way of a secure internet portal.” A.R.S. § 16-316(A), (B) (emphasis added);seealsoA.R.S.§16-318(same for congressional candidates). Furthermore, the“system shall allow only those qualified electors who are eligible to sign for a particular candidate to sign the petition[.]”
Moreover, as you are aware, a public officer upon whom a duty is imposed by Title 16, who knowingly fails or refuses to perform that duty in the manner prescribed by law or knowingly acts in violation of any provision of such law, is guilty of either a class 6 felony or class 3 misdemeanor. A.R.S. §§ 16-1009, -1010. The Attorney General is required to enforce the provisions of Title 16 through civil and criminal actions in any election for members of the legislature. A.R.S. § 16-1021.
As it is clear that no action yet has been taken to deprive candidates of their statutory right to obtain online nomination signatures, we urge the Secretary of State to fix the system without delay.
Sincerely,
Jennifer Wright
Assistant Attorney General
