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KAREN FANN, v. MARICOPA COUNTY ______KAREN FANN, v. MARICOPA COUNTY
Attorneys for Judiciary CommitteeChairman Kory Langhofer, Ariz. Bar No. 024722 Thomas 649 North Fourth Avenue, First Floor President Karen Fann and Senate [email protected] Phoenix, Arizona 85003 IN THE SUPERIOR COURT FOR THE STATE OF ARIZONA STATE THE FOR COURT SUPERIOR IN THE [email protected]
Basile, Ariz. Bar. No. 031150 (602) 382 (602)
Defendants et al. et al.
Petersen
IN AND FOR THE COUNTY OF COUNTY THE FOR IN AND Defendants Defendants P P , , laintiffs laintiffs
, , - et al. 4078 et al.
Arizona Senate , , ,
,
. .
Warren
1
ANSWER FANN AND AND FANN
(Assigned to the Hon. Timothy Timothy Hon. the to (Assigned COMMITTEE MARICOPA No. CV 2021 No.
OF SENATE PRESIDENT (Consolidated)
CV2020 PETERSEN Thomason) SENATE JUDICIARY JUDICIARY SENATE *** ElectronicallyFiled Clerk oftheSuperiorCourt
2/17/2021 4:38:44PM CHAIRMAN Filing ID12555157 M. Bouise,Deputy - - 016840 002092
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election general 2020 the to related investigation an establish to Senate Arizona full the of Complaint. Amended the of 4 paragraph in allegations remaining the Janua on Senate Arizona the at Treasurer County Maricopa and Recorder, County Maricopa Supervisors, the that and subpoena the valid the to relevant opinions Petersen Chairman and Fann President of power subpoena statutory the of 2 paragraph in referenced materials and information the that state answering further and Complaint Amended the Petersen deny any re Chairman and Fann President them. deny therefore and subpoenas” lawful with comply parties all that insist to and subpoenas issue to authority their “recognize or Legislature” Compla Amended the without are Petersen Chairman and Fann of 1 paragraph in allegations the to as belief a form tosufficient information or knowledge President subpoenas. issue to power the Senate Judiciary Committee, hereby answer the and Senate, Arizona the of President Amended S ubpoena 1. the as capacity her in Fann, Karen Defendants 8, P. Civ. R. Ariz. to Pursuant 5. 4. 3. 2.
concerning s
attached to the Amended Complaint as Exhibit A Exhibit as Complaint Amended the to attached S President Fann and Chairman Petersen Chairman and Fann President the issued jointly they that admit Petersen Chairman and Fann President President Fann and Chairman Petersen deny President Fann and Chairman Petersen deny the allegations in paragraph 2 of President F Complaint. s
ubpoena ry 13, 2021 at 9:00 at 2021 13, ry referenced “testimony before the Judiciary Committee,” and deny any any deny and Committee,” Judiciary the before “testimony referenced
ity or enforceability of the subpoenas in dispute in subpoenas the of enforceability or ity
maining allegations in paragraph 1 of the Amended Complaint. the qualifications of the Arizona Senate’s agents or contractors is is contractors or agents Senate’s Arizona the of qualifications the s int concerning whether the Plaintiffs “respect the Arizona Arizona the “respect Plaintiffs the whether concerning int
ann and Chairman omne te tedne f h Mrcp Cut Bad of Board County Maricopa the of attendance the commanded
Amended Complaint are Complaint Amended
a . m Warren Petersen Warren .
A President Fann and Chairman Petersen deny that deny Petersen Chairman and Fann President NSWER Petersen 2
Amended
admit th
admit that there has not been a “vote a been not has there that admit , in his capacity as Chairman of the the of Chairman as capacity his in ,
the the allegations in subject to subject Complaint as follows: at the Arizona Legislature has
(hereafter, the “ the (hereafter,
.
the constitutional and and constitutional the
,
n te Plaintiffs’ the and p aragraph 3 of Subpoenas
not ”)
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in Arizona,” and further answering further and Arizona,” in Petersen deny any remaining allegations in paragraph 8 of the Amended Complaint. future resolutions of contempt may be introduced at any time to failed but introduced was Complaint. Amended the of 7 paragraph in Subpoenas the of the Arizona Senate intends such to undertake and are any that state answering further “examinations” and 2020,” 9, November on completed audit additional “two conduct “ha a conductedpreviously and electionsequipment”its of certifiedexaminations to purported Plaintiffs the that admit Petersen Chairman and set forth in the second sentence of paragraph 7 of the Amended Complaint. President Fann Fann and Chairman Petersen admit that the Plaintiffs produced the documents and materials is “hearing” such that represented the that answering further and 13, January on subpoenas the to pursuant Complaint. faith good of show “a was appearance such that deny but Capitol Arizona the at appeared Treasurer County Maricopa the and Recorder County Maricopa the Supervisors, of Board County Maricopa any deny Petersen allegations in paragraph5ofthe Chairman and Fann President subpoenas.” legislative the that admit Petersen Chairman or validity the to relevant not 7. 6. 8.
President Fann and Chairman Petersen admit that a resolution of contempt of resolution a that admit Petersen Chairman and Fann President held was “hearing” no that admit Petersen Chairman and Fann President the of Chairman the that admit Petersen Chairman and Fann President
or “audits” by the Plaintiffs the by “audits” or any such “hearing” would occur and that the existence or absence of any of absence or existence the that and occur would “hearing” such any . President Fann and Chairman Petersen deny any remaining allegations allegations remaining any deny Petersen Chairman and Fann President . not relevant to the validity or enforceability of the Subpoenas the enforceabilityof or validity the to relevant not
” and deny any remaining allegations in paragraph 6 of the Amended Amended the of 6 paragraph in allegations remaining any deny and ” pass on 15 on pass
Amended Complaint. nocaiiy f h Subpoenas the of enforceability Subpoenas
state
- 15 vote held on February 8, 2021 8, February on held vote 15
that that
3 were far more limited in scope than the audit the than scope in limited more far were
“followed a prior legal dispute about similar about dispute legal prior a “followed
the existence or absence of any such vote is is vote such any of absence or existence the
not relevant to the validity
.
President Fann and Chairman . President Fann and and Fann President . S
or enforceability , and admit that that admit and , ubpoenas never ubpoenas .
remaining President nd count nd
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of the Complaint Amended of the Complaint Amended contempt, §41 pursuant to A.R.S. of resolution a enforcing from or Senate the of contempt in recipient subpoena a finding the constitutional or statutory authorit 12 § A.R.S. to pursuant relief injunctive issue to power remaining any allegat deny but Subpoenas the of enforceability and validity the adjudicate to Chairman Petersen deny the allegations in paragraph 12 of the Amended Complaint no response is required. To the extent a response is deemed necessary, President Fan defiance continuing Plaintiffs’ the constitutiona no is there but “unlawful,” of the Amended Complaint, and of the Complaint Amended attests. action this of existence very the far from “obey[ing],” the investigati legislative that notion the for authority statutory or constitutional no is there kind, any of “hearing” and Complaint Amended the ions in paragraph 13 of the Amended Complaint. Complaint. Amended the of 13 paragraph in ions 11. 10. 9. 16. 15. 14. 13. 12.
President Fann and Chairman Petersen deny the allegations in paragraph 16 paragraph in allegations the deny Petersen Chairman and Fann President in allegations the admit Petersen Chairman and Fann President President Fann and Chairman Petersen admit that the Court generally has the Chairman and Fann President Complaint Amended the of 12 Paragraph 11 paragraph in allegations the deny Petersen Chairman and Fann President alleg the deny Petersen Chairman and Fann President President Fann and C
ons must occur with “the input or oversight of any committee,” and committee,” any of oversight or input “the with occur must ons S ubpoenas, the Plaintiffs stand in continuing defiance of them, as . . .
further further - of them 1153. hairman Petersen deny the allegations in paragraph 9 of
y to enjoin the Defendants or the Arizona Senate from answering that the that answering
answering state that not only
l, statutory or precedential authority that excuses excuses that authority precedential or statutory l,
.
Petersen 4
admit
- states 1801, but deny that the Court has Court the that deny but 1801,
S ubpoenas never referenced any referenced never ubpoenas
that the Court has jurisdiction jurisdiction has Court the that
a legal conclusion to which to conclusion legal a ations in paragraph 10 paragraph in ations are
the the S ubpoena paragraph 15 paragraph .
n and s
not
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of the Complaint Amended of the Complaint Amended of the Complaint Amended of the Complaint Amended of the Complaint Amended of the Complaint Amended of the Complaint Amended of the Complaint Amended of the Complaint Amended but allegations inComplaint paragraph20ofthe Amended Supervisors of Board County Maricopa the of Chairman the of the Complaint Amended of the Complaint Amended of the Complaint Amended 21. 20. 19. 18. 17. 29. 28. 27. 26. 25. 24. 23. 22.
President Fann and Chairman Petersen admit the alleg the admit Petersen Chairman and Fann President 28 paragraph in allegations the admit Petersen Chairman and Fann President 27 paragraph in allegations the admit Petersen Chairman and Fann President 26 paragraph in allegations the admit Petersen Chairman and Fann President 25 paragraph in allegations the admit Petersen Chairman and Fann President in allegations the admit Petersen Chairman and Fann President 23 paragraph in allegations the admit Petersen Chairman and Fann President President 21 paragraph in allegations the admit Petersen Chairman and Fann President Petersen Chairman and Fann President 19 paragraph in allegations the admit Petersen Chairman and Fann President Fan President 17 paragraph in allegations the admit Petersen Chairman and Fann President
Fann and Chairman Petersen admit the allegations in paragraph 22 paragraph in allegations the admit Petersen Chairman and Fann ...... n and Chairman Petersen admit the allegations in paragraph 18 paragraph in allegations the admit Petersen Chairman and n
5
deny that Clint Hickman is c is Hickman Clint that deny
.
ations in paragraph 29 paragraph in ations
di the admit
paragraph 24 paragraph
remaining urrently
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enforceability ofthe Subpoenas. l the of results the that state Complaint. Amended the of of the Complaint.Amended of the Complaint.Amended enforceability ofthe Subpoenas. stat Complaint. Amended the of of the Complaint.Amended of the Complaint.Amended Complaint sufficient to form a belief as to the truth of of the Complaint.Amended of the Complaint Amended of the Complaint.Amended of the Complaint Amended ta te eut o te oi ad cuay et r nt eeat o h vldt or validity the to relevant not are test accuracy and logic the of results the that e 34. 33. 32. 31. 30. 40. 39. 38. 37. 36. 35.
and therefore denythem President Fann and Chairman Petersen admit the allegations in paragraph 40 paragraph in allegations the admit Petersen Chairman and Fann President Peters Chairman and Fann President 38 paragraph in allegations the admit Petersen Chairman and Fann President 37 paragraph in allegations the admit Petersen Chairman and Fann President Preside 35 paragraph in allegations the admit Petersen Chairman and Fann President President Fann and Chairman Petersen 33 paragraph in allegations the admit Petersen Chairman and Fann President P 31 paragraph in allegations the admit Petersen Chairman and Fann President 30 paragraph in allegations the admit Petersen Chairman and Fann President resident Fann and Chairman Petersen admit the allegations in paragraph 32 32 paragraph in allegations the admit Petersen Chairman and Fann resident
nt Fann and Chairman Petersen admit the allegations in paragraph 36 paragraph in allegations the admit Petersen Chairman and Fann nt . .
gc n acrc ts ae o rlvn t te aiiy or validity the to relevant not are test accuracy and ogic Further answering, President Fann and Chairman Petersen Chairman and Fann President answering, Further Petersen Chairman and Fann President answering, Further
.
the allegations in paragraph 34 of the Amended Amended of the 34 in paragraph allegations the 6
en admit the allegations in paragraph 39 paragraph in allegations the admit en are without knowle
dge or information
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Complaint. Amended the of 46 paragraph in allegations remaining Subpoenas. the of enforceability in identified Chairman and Fann President answering, Further credible evidence of some vote tabulation or ballot transposition errors in Maricopa paragraph in identified proceedings the No proceedings such in litigated or raised arguments the concerning Complaint informat paragraph in Complaint. an Fann President tabulated.” “accurately were results election all that conclusively establish not could and not did thus and cast ballots all of sample small a only reviewed “audits” demonstrated of the Subpoenas. state that the results of the hand count audit are not relevant to the validity or enforceability Complaint. Amended the of of the Complaint.Amended of the Complaint.Amended of the Complaint.Amended d Chairman Petersen admit the remaining allegations in paragraph 45 of the Amended Amended the of 45 paragraph in allegations remaining the admit Petersen Chairman d . CV2020 . 45. 44. 43. 42. 41. 46. ion ion sufficient to form a belief as to the allegations in paragraph
- aarp 46 paragraph 014248) President Fann and Chairman audits “various the that deny Petersen Chairman and Fann President 44 paragraph in allegations the admit Petersen Chairman and Fann President 43 paragraph in allegations the admit Petersen Chairman and Fann President in allegations the admit Petersen Chairman and Fann President 41 paragraph in allegations the admit Petersen Chairman and Fann President that Maricopa County’s election was accurately tabulated” because such such because tabulated” accurately was election County’s Maricopa that 46
f the of
, and therefore deny them. them. deny therefore and , Amended
the the Amended
Further answering, President Fann and Chairman Petersen Chairman and Fann President answering, Further Amended opan eitd bt r wtot nweg or knowledge without are but existed, Complaint rsdn Fn ad himn eesn ey any deny Petersen Chairman and Fann President opan’ caatrztos f h cam and claims the of characterizations Complaint’s
46
opan ae o rlvn t te aiiy or validity the to relevant not are Complaint Petersen of the of 7
Upon information and belief, certain of certain belief, and information Upon Amended (other than than (other
admit that the proceedings enumerated Petersen
Complaint did in fact feature fact in did Complaint
Donald J. Trump v. Hobbs v. Trump J. Donald tt ta te proceedings the that state
46
of the
paragraph 42 paragraph Amended
County. ,
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Petersen deny Subpoenas. the of enforceability or validity the to relevant Chairman err transposition ballot or tabulation vote some of evidence credible feature fact in did Complaint Amended the them. deny therefore proceedings such in the concerning paragraph in allegations the to as belief a form to sufficient did not result in the decertification of the election election general 2020 3, November the of conduct the to relating Complaint is not relevant to the validity or enforceability of the Subpoenas. in identified proceeding the that state Petersen Chairman therefo and proceeding, such in the concerning paragraph in allegations the to as belief a form to sufficient paragraph the of 47 paragraph in Amended Complaint. allegations remaining any deny Petersen Chairman and Fann enforceabili or validity the to relevant not are Complaint in identified proceedings the that state Petersen Chairman them. deny therefore and proceeding, such in the concerning paragraph in allegations the to as belief a form to sufficient paragraph 48. 47. 49.
Petersen 48 47
of the of the President Fann and Chairman and Fann President President Fann and Chairman President Fann and Chairman any remaining allegations in Complaint. paragraph49ofthe Amended Plaintiffs’ Plaintiffs’ Plaintiffs’
state that the proceedings Amended Amended
ohr th (other
Upon informationUponbelief,proceedings andthecertain of identified in r i Mrcp County. Maricopa in ors
characterizations of the claims and arguments raised or litigated or raised arguments and claims the of characterizations arg and claims the of characterizations characterizations of the claims and arguments raised or litigated or raised arguments and claims the of characterizations Complaint existed, Complaint existed, but are without knowledge or information an e ey hm them. deny re oad . rm v Hobbs v. Trump J. Donald
Petersen Petersen Petersen 8 referenced
, but are without knowledge or information
but are without knowledge or information ute aseig Peiet an and Fann President answering, Further and Fann President answering, Further ute aseig Peiet an and Fann President answering, Further
admit that the proceeding admit that the proceeding
ad
mit that mit in in the ty of the Subpoenas. the of ty paragraph paragraph 49 48 47 President Fann and Chairman and Fann President N. CV2020 No. , Amended
of the of the of the of there were seven lawsuits lawsuits seven were there uments raised or litigated or raised uments , and that those lawsuits lawsuits those that and ,
Amended Amended Amended
48 of the Amended Amended the of 48 47 of 47 Complaint are not
- the the 014248) identified ide
Complaint Complaint Complaint Amended President ntified , and and ,
in in in
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59 of the Complaint.Amended 2020. President Fann and Chairman Petersen deny any remaining allegations in paragraph the proceeding captioned so. do to which in afforded were they time subpoenas 2020 15, December the with comply not would they the of of the of the of the Complaint. Amended the of 54 paragraph in on subpoenas December 15, two 2020 Supervisors of Board County Maricopa the on, served be to caused Judiciary Senate the of Chairman the then Farnsworth, Eddie of the of the of the allegations in paragraph Judiciary Committee held a special meeting on December 14, 2020 but deny any remaining
Amended Amended Amended Amended Amended Amended Amended 54. 53. 52. 51. 50. 59. 58. 57. 56. 55.
President Fann and Chairman and Fann President Chairman and Fann President Chairman and Fann President Chairman and Fann President a Fann President President Fann and Chairman Chairman and Fann President Chairman and Fann President Chairman and Fann President Chairman and Fann President
Complaint. Complaint. Complaint. Complaint. Complaint. Complaint Complaint
.
President Fann and Chairman Petersen deny any remaining allegations 50 Maricopa County v. Fann
.
of t
and further answering state that the Plaintiffs represented that represented Plaintiffs the that state answering further and
nd Chairman nd he
Amended
Petersen Petersen Petersen Petersen Petersen Petersen Petersen Complaint. Petersen deny Petersen Petersen 9
Petersen , No. CV2020
admit
admit the allegations in paragraph in allegations the admit paragraph in allegations the admit paragraph in allegations the admit paragraph in allegations the admit paragraph in allegations the admit admit deny
di ta te rzn Senate Arizona the that admit
that that President Fann and Senator the allegations in paragraph paragraph in allegations the paragra in allegations the that Maricopa County initiated initiated County Maricopa that , irrespective of how much much how of irrespective , Committee, issued to, and to, issued Committee, - 016840 on December 18, ph 58 57 56 55 53 52 51
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of the Complaint Amended of the Complaint Amended Amended Complaint. Fann the admit Petersen Chairman and allegations in the final Fann President Counterclaim. the to parties were CV2020 the in 2020 29, December on Counterclaim and Answer an filed Farnsworth Chairman allegations inComplaint. paragraph62ofthe Amended jurisdiction for grounds then and Fann CV2020 allegations inComplaint. paragraph61ofthe Amended remaining any deny and States,” United the of president for election 2020 3, November th CV2020 number Chairman Farnsworth initiated the mandamus special action proceeding assigned the docket 60 of the Complain Amended law the Amended Complaint but deny that such claims and arguments were CV2020 e December 15, 2020 subpoenas was to overturn the vote of the People of Arizona in thein Arizona of People the of votethe overturn to was subpoenas 2020 15, December e .
President Fann and Chairman Petersen deny any remaining allegations in paragraph in allegations remaining any deny Petersen Chairman and Fann President n Cara Ptre dn ay eann algtos n aarp 6 o the of 63 paragraph in allegations remaining any deny Petersen Chairman and 61. 60. 65. 64. 63. 62. - - - 016840 proceeding but deny that “the rest of the Senate Judiciary Committee” Judiciary Senate the of rest “the that deny but proceeding 016840 President granted Court the that state answering further and proceeding 016904 016840
President Fann and Chairman Petersen deny the allegations the deny Petersen Chairman and Fann President 64 paragraph in allegations the admit Petersen Chairman and Fann President Chairman and Fann President Chairman and Fann President then and Fann President that admit Petersen Chairman and Fann President the in Plaintiffs the that admit Petersen Chairman and Fann President - himn anwrh ev t aed h cmlit o la additional plead to complaint the amend to leave Farnsworth Chairman - proceeding 016904 and sought an order to show cause, but deny that “the purpose of purpose “the that deny but cause, show to order an sought and 016904
two two sentences .
. . rsdn Fn an Fann President
raised t.
the claims and arguments set forth in paragraph 60 of of 60 paragraph in forth set arguments and claims the
of paragraph 63 of the Amended Complaint. President
10 Petersen P
Cara Ptre dn ay remaining any deny Petersen Chairman d etersen
admit
admit
that President Fann and then and Fann President that that the Court dismissed the the dismissed Court the that valid as a matter of
in paragraph 65 65 paragraph in - -
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elected County Maricopa the for counsel informed expressly had Senate Arizona the for answering Further Complaint. any “testimony provide to asked not were they that staff Senate by informed were officials deny any remaining allegations in paragraph 71 of the Complaint.Amended Subp the of enforceability or validity the to relevant is “hearing” a of absence that deny but witnesses as appear would Plaintiffs the of any which at Amended the Complaint of 70 paragraph in allegations remaining the deny but on 2021 a.m. 13, January 9:00 at Capitol Arizona the at appeared Allen Treasurer and Richer Recorder of the Complaint.Amended any and materials January on Capitol Arizona the at at approximately 3:49 Complaint but deny any remai paragraph in forth set materials and documents of the Complaint Amended Complaint Amended the of 66 paragraph in allegations remaining the deny but 2021 12, January on
testimony testimony at any “Senate hearing,” and deny any remaining allegations in paragraph 69 “hearing,” but deny the remaining allegations in paragraph 72 of the Amended Amended the of 72 paragraph in allegations remaining the deny but “hearing,” 69. 68. 67. 66. 72. 71. 70.
. .
. President Fann and Chairman and Fann President President Fann and Chairman Chairman and Fann President President Fann and Chairman Petersen admit that the Subpoenas were served the sought Subpoenas the that admit Petersen Chairman and Fann President Chairman and Fann President President Fann and Chairman Petersen admit that they issued new subpoenas
President Fann and Chairman Petersen deny that the Subpoenas commanded
p.m.
. on Januarythat 12, 2021andcommanded the recipients appear
ning allegations in paragraph 68 of the Amended Complaint
,
President Fann and Chairman Petersen state that counsel that state Petersen Chairman and Fann President
13, 2021 at 9:00 a.m. with the subpoenaed documents subpoenaed the with a.m. 9:00 at 2021 13,
Petersen 11 Petersen admit the allegations in paragraph 67 paragraph in allegations the admit Petersen Petersen admit the Maricopa County elected County Maricopa the admit Petersen
Petersen 68 and in Exhibit A of the Amended Amended the of A Exhibit in and 68
admit that
di ta Sprio Sellers, Supervisor that admit no “hearing” was scheduled the existence or or existence the
oenas,
and ” at ” .
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offici of the Complaint.Amended any remaining allegations in parag deny Petersen Chairman and Fann President 2021. 12, January on so did fact in they and intended to re on filed Counterclaim Verified December 29, the 2020 expressly averred that Pr that state Petersen Chairman and Fann President Fifty the when sub the of enforcement the concerning of the p in allegations remaining the and Chairman Petersen deny that the Subpoenas ever set any “time for a hearing,” and deny Subpoenas’ command to appear at the Arizona Capitol on January 13, 2021. President Fann Maricopa the that 2021 12, January on officials elected County Maricopa the for counsel informed expressly had Senate Arizona answering, Further them. or hearing Court’s the during concerning Complaint sufficient to form a belief as to the truth of the allegations in paragraph 74 of the Amended allegations inComplaint. paragraph73ofthe Amended December 15, 2020 subpoenas. President Fann and Chairman Petersen deny any remaining hearing a held Court 2021. 13, January on Capitol Arizona the at appear to command Subpoenas’ the als on January 12, 2021 that the Maricopa County elected officials were excused from Amended 74. 73. 77. 76. 75.
- President Fann and Chairman Petersen admit the allegations in paragraph 77 paragraph in allegations the admit Petersen Chairman and Fann President ChairmanandPresident Fann Chairman and Fann President President Fann and Chairman Petersen are withou the 2021 13, January on that admit Petersen Chairman and Fann President issue substantively issue identical when substantively subpoenas the new Legislature convened, - it Lgsaue ovnd n aur 1, 01 Frhr answering, Further 2021. 12, January on convened Legislature Fifth Complaint.
on the pending motion for a preliminary injunction to enforce the enforce to injunction preliminary a for motion pending the on the physical whereabouts of whereabouts physical the
President Fann and Chairman Petersen state that counsel for the for counsel that state Petersen Chairman and Fann President
aragraph 74 of the Amended Complaint.aragraph 74ofthe Amended the ostensible reaso ostensible the raph 76 of the Amended Complaint. Complaint. Amended the of 76 raph poenas issued on December 15, 2020 became moot became 2020 15, December on issued poenas
ony lce ofcas ee xue fo the from excused were officials elected County Petersen 12 Petersen admit Petersen esident Fann and incoming Chairman Petersen
ns they ns
Thomas P. Liddy P. Thomas
admit that admit
joined late, and therefore deny deny therefore and late, joined the allegations in paragraph paragraph in allegations the
t knowledge or information the Court ruled that ruled Court the or Chairman Sellers Chairman or
claims 75
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Complaint and therefore deny them sufficient to form a belief as to the truth of the allegations in paragraph 87 of the Amended within their possession, custody and control. not is that or exist not does that information and documents produce to required not are ans further and Complaint Amended the of of the Complaint Amended of the Complaint Amended of the Complaint.Amended of the Complaint.Amended paragraph 81 of the Complaint Amended “lawfully were data such to made redactions any that deny but Complaint Amended the of 81 paragraph in forth set of the Complaint.Amended C sufficient to form a belief as to the truth of the allegations in paragraph 79 of the Amended Complaint, and therefore deny them. sufficient to form a belief as to the truth o omplaint, and therefore deny them. 81. 80. 79. 78. 87. 86. 85. 84. 83. 82.
President Fann and Chairman Petersen are without knowledge or inform 86 paragraph in allegations the admit Petersen Chairman and Fann President 85 paragraph in allegations the admit Petersen Chairman and Fann President p in allegations the admit Petersen Chairman and Fann President 83 paragraph in allegations the admit Petersen Chairman and Fann President President President Fann and Chairman Petersen admit t 80 paragraph in allegations the admit Petersen Chairman and Fann President President Fann and Chairman Petersen are without knowledge or information President Fann and Chairman Petersen are without knowledge or information
Fann and Chairman Petersen admit the allegations in paragraph 82 paragraph in allegations the admit Petersen Chairman and Fann - required” or permissible, and deny any remaining any deny and permissible, or required” . .
.
. f the allegations in paragraph 78 of the Amended of the Amended 78 in paragraph f the allegations
wering state that it is undisputed that Plaintiffs that undisputed is it that state wering 13
hat
Plaintiffs produced the data
allegations in allegations aragraph 84 aragraph ation
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in allegations remaining the of truth paragraph 93 of the ComplaintAmended and therefore deny them the to as belief a without form are to sufficient but information Complaint Amended the of 93 paragraph of sentence of the “de or certification” the “void would laboratories” that notion the for authority that state answering further and Complaint Amended the of paragraph 90 of the Complaint.Amended de functions of number discrete a test to laboratories accredits Commission and further answering state that the U.S. Election Assistance Commission only d Petersen software and machines tabulation County Maricopa the of “audit limited and narrow a conduct to Compliance SLI and Laboratory V&V Pro Comp Amended the of 89 paragraph in allegations remaining any deny Petersen Chairman and Fann President Subpoenas. the to response in images ballot such produce would or could Plaintiffs that th state answering further and order” court a absent images their the or ballots prohibits producing from Plaintiffs law County Maricopa “Arizona that deny but reached, was parties the between agreement of the Complaint Amended vices
Amended 90. 89. 88. 93. 92. 91. . President Fann and Chairman Petersen deny any remaining allegations in in allegations remaining any deny Petersen Chairman and Fann President .
eny that the foregoing firms were “certified” by the U.S. Election Assistance Election U.S. the by “certified” were firms foregoing the that eny rsdn Fn ad Chairman and Fann President Chairman and Fann President 91 paragraph in allegations the deny Petersen Chairman and Fann President retained County Maricopa that admit Petersen Chairman and Fann President Fann President 88 paragraph in allegations the admit Petersen Chairman and Fann President
Complaint.
laint. laint.
.
at the Plaintiffs and/or their counsel indicated unequivocally indicated counsel their and/or Plaintiffs the at n ui cnutd y pro ohr hn “EAC than other person a by conducted audit an n Cara Ptre amt ht o ia settlement final no that admit Petersen Chairman and
14 Petersen
Petersen
- certify” voting ortabulation devices
deny the allegations in paragraph in allegations the deny
. ” President Fann and Chairman Chairman and Fann President ” di te leain i te first the in allegations the admit the
n oig n tabulation and voting on county has cited has county .
nweg or knowledge -
certified no legal no .
92
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been has firm either that deny but Compliance SLI or Laboratory V&V Pro retained purposes of these proceedings. for relevant are certifications party third that deny further Petersen Chairman and Fann as laboratory of the Amended Complaint and further answering state that the EAC has not “certified” any of the the any deny Petersen Chairman and Fann President member of the EAC, state answering further and “incorrect[]” was sentence the that deny but Complaint Amended the of 97 paragraph in quoted sentence the remaining any allegations inCo paragraph96ofthe Amended deny and “inexplicabl[e]” was it that deny but release press referenced of the Complaint Amended Complaint. Amended the of 94 paragraph in allegations remaining Subpoenas. the of enforceability cond purportedly audit and conduct, to intends Senate Arizona the audit the with coterminous or “comprehensive[]” was review the that deny wo of “scope the developed Amended
Amended 96. 95. 94. 100. 99. 98. 97.
universally President Fann and Chairman Petersen admit that the Arizona Senate ha 99 paragraph in allegations the deny Petersen Chairman and Fann President Chairman and Fann President Chairman and Fann President the issued Fann President that admit Petersen Chairman and Fann President all the admit Petersen Chairman and Fann President County Maricopa that admit Petersen Chairman and Fann President Complaint.
Complaint.
that that the EAC in fact does not “certify” laboratories to conduct “audits.” ce b Mrcp Cut i nt eeat o h vldt or validity the to relevant not is County Maricopa by ucted
“qualified to conduct analysis on election equipment election on analysis conduct to “qualified .
rk” set forth in paragraph 94 of the Amended Complaint but but Complaint Amended the of 94 paragraph in forth set rk”
further rsdn Fn ad himn eesn ey any deny Petersen Chairman and Fann President
answering
15 Petersen Petersen admit that the press release included release press the that admit Petersen
, based on direct discussions with a si a with discussions direct on based , mplaint remaining
state
admit
.
that the existence or scope of any any of scope or existence the that
the
allegations
allegations in paragraph in allegations egations in paragraph 95 paragraph in egations
in paragraph paragraph in . ”
President 97 s not tting tting
9 of 8
28 27 26 25 24 23 22 21 20 19 18 17 16 15 14 13 12 11 10 9 8 7 6 5 4 3 2 1
criid b te A t cnut post conduct to EAC the by “certified” information a form to sufficient or knowledge without are Petersen Chairman and Fann President correct, the that alleges Complaint Amended the contains the Complaint. Amended the of 106 paragraph in allegations remaining any deny Petersen Chairman and information belief a form to sufficient or knowledge without are Petersen Chairman and Fann President correct, the that alleges Complaint Amended the contains the statements yet decision concerning which firm(s) it will or will not retain to conduct its audit not has Senate Arizona the that state answering further and Complaint deny but Ramsland Russell of the of the Complaint.Amended a finalized yet not has Senate Arizona the thatstate furtheranswering and Complaint Amended the of post conduct to firms answering further and Complaint Amended the of Petersen deny any remaining allegations in paragraph 100 of the Amended Complaint. Amended 104. 103. 102. 101. 107. 106. 105.
decision concerning which firm(s) it will or will not retain to conduct its audit.
statements rsdn Fn ad himn eesn di ta the that admit Petersen Chairman and Fann President Chairman and Fann President by founded was ASOG that admit Petersen Chairman and Fann President President Fann and Chairman President Fann and Chairman Petersen admit th President Fann and Chairman Petersen deny the allega P resident resident Fann and Petersen Chairman deny the allegations in 101 paragraph Complaint.
belief as to such allegations and therefore deny them deny therefore and allegations such to as belief - election audits.
quoted quoted
as to such allegations and therefore deny them deny therefore and allegations such to as
the remaining allegations in paragraph 105 of the Amended Amended the of 105 paragraph in allegations remaining the
in in paragraph 10 in paragraph 106 of the Amended Complaint. To the extent
-
election audits. President Fann and Chairman Chairman and Fann President audits. election content of the of content contents of the of contents Petersen 16 Petersen
7
of the Amended Complaint. To the extent
state
deny the allegations in paragraph
admit that admit
that the EAC does not “certif[y]” “certif[y]” not does EAC the that Vice
Politifact e allegations in paragraph 103
magazine report is true and true is report magazine the the
tions in paragraph 102 tions in paragraph webpage Vice Politifact
. . . . magazine President Fann President President Fann President
. are iaie a finalized
webpage true and and true report
10 4
28 27 26 25 24 23 22 21 20 19 18 17 16 15 14 13 12 11 10 9 8 7 6 5 4 3 2 1
and Chairman Petersen deny any remaining allegations in paragraph 107 of the Amended Amended the of 107 paragraph in allegations remaining any deny Petersen Chairman and of the Complaint Amended president of the United States.” 2 12, January the of article in fact does not state that Attorney Langhofer ever “indicat[ed] that the true purpose cited the that answering further and Complaint Amended the of Petersen deny any remaining allegations in paragraph 110 of the Amended Complaint. form a belief as to such allegations and therefore deny them. President Fann and Chairman Chairm and Fann President the Amended Complaint alleges that the contents of such news articles are true and correct, extent the To Complaint. Amended the of 110 paragraph in quoted statements the contain Amended Complaint. purposes of these proceedings, occurred,” error and theories November 3, 2020 general election indicates that ASOG has peddled debunked conspiracy public “extensive that state Complaint Amended the of 109 paragraph no unpublished be toappears ruling CourtSuperior Delawarecited the thatPetersenstate Chairman and Fann President answering, Further them. deny therefore and Complaint sufficient to f Complaint. t accessible through basic Internet searches Internet basic through t accessible 109. 108. 112. 111. 110.
ey ht n tid at’ ve o ptnil eae edr i rlvn for relevant is vendors Senate potential of view party’s third any that deny orm a belief as to the truth of the allegations in paragraph 108 of the Amended President Fann and Chairman President Fann and Ch and Fann President Chairman and Fann President President Fann and Chairman -
ide aaye i is quixotic its in analyses riddled 021 subpoenas is to audit the November 3, 2020, general election for election general 2020, 3, November the audit to is subpoenas 021
. an Petersen are without knowledge or information sufficient to sufficient information or knowledge without are Petersen an
and deny any remaining allegations in paragraph 109 of the
Chairman Petersen deny the allegations in paragraph 111 imn eesn di ta te ie nw articles news cited the that admit Petersen airman
Petersen Petersen 17 Petersen .
admit the allegations in paragraph 112 are without knowledge or information
us t poe ht lcin fraud election that prove to quest deny
that the news reports cited in in cited reports news the that Capitol Media Services Media Capitol reporting
since the since
and
28 27 26 25 24 23 22 21 20 19 18 17 16 15 14 13 12 11 10 9 8 7 6 5 4 3 2 1
allegations in Complaint. paragraph120ofthe Amended remaining any deny and “limited” is power subpoena the that deny but desired” is witness offi presiding the by issued be may subpoena “A that part, in states, Statutes Revised Arizona herein. forth set iffully as Complaint Amended the of paragraphs foregoing the to of the Complaint.Amended Complaint and therefore deny them. sufficient to form a belief as to the truth of t elections. future of conduct lawful the post and results election “audit” to firm of the Amended Complaint and further answering state that the EAC does not “certify” any Complaint. Amended the of 115 paragraph in allegations remaining any deny Petersen Chairman and Fann President audit. Senate’s the of completion the following images ballot of handling and not, does work of scope the that state answering further and Complaint Amended the of 115 paragraph of sentence the of 114 paragraph in allegations remaining any deny but ballots 550,000 approximately of count hand a performing includes work of the Complaint Amended cer of either house or the chairman of any committee before whom the attendance of a of attendance the whom before committee any of chairman the or house either of cer - election audit will cause any voting machines to be “decertified” be to machines voting any cause will audit election 115. 114. 113. 120. 119. 118. 117. 116.
rsdn Fn ad himn eesn di ta Scin 41 Section that admit Petersen Chairman and Fann President President Fann and Chairman Petersen incorporate by reference their President Fann and Chairman Petersen admit the allegations in paragraph 118 President Fann and Chairman Petersen are without knowledge or information President Fann and Chairman Petersen first the in allegations the admit Petersen Chairman and Fann President President Fann and Chairman Petersen President Fann and Chairman Petersen
.
for purposes of these proceedings proceedings these of purposes for the county has cited has county the
he allegations in paragraph 117 of the Amended 18
Amended Complaint.
admit the all admit deny the allegations in paragraph 116
no authority for the notion that a that notion the for authority no
that that Allied’s egations in paragraph 113 ed o, ad not, need
or otherwise affect otherwise or
proposed scope of - 11 f the of 1151 rs the dress
answers answers
28 27 26 25 24 23 22 21 20 19 18 17 16 15 14 13 12 11 10 9 8 7 6 5 4 3 2 1
Complaint. Amended the President Fann and Chairman Petersen deny any remaining allegations in paragraph 126 of tes provide to “allowed be to right a “hearing” is relevant to the validity or enforceability of the Subpoenas or that a witness has a of absence or existence the that deny but subpoena 2021 12, January the by referenced of the Complaint.Amended cited bythe Plaintiffs provides that the of Amended Complaint. remaining any deny Petersen Chairman and Fann Subpoenas. the of enforceability or validity the to relevant not is “hearing” a of absence or existence the that state answering further and “hearing” a at testify to required any remaining allegations inComplaint. paragraph122ofthe Amended “complied” with the subpoenas issued to them. President Fann and Chairman Sellers deny ever subpoena the that deny but Supervis that subpoena deny and “hearing” any referenced the by required as Senate Arizona the at Complaint. alle remaining any deny and “hearing,” the Arizona Senate on January 13, at 2021 at 9:00 a.m. but Supervisors deny that the subpoena referenced any of Board County Maricopa the of attendance the required subpoena 123. 122. 121. 126. 125. 124. Amended Complaint and further answering state that the very statutory language statutory very the that state answering further and Complaint Amended
President Fann and Chairman and Fann President President Fann and Chairman Petersen deny the allegations in paragraph 125 President Fann and Chairman Petersen deny the allegations in paragraph 124 Supe that admitPetersen Chairman and FannPresident President Fann and Chairman Petersen admit that Supervisor Sellers appeared Chairm and Fann President
a witnessberequired may to “appear[]” timony” when no such testimony is actually sought. sought. actually is testimony such no when timony”
n eesn di ta te aur 1, 2021 12, January the that admit Petersen an gations in paragraph 121 of the Amended Amended the of 121 paragraph in gations 19 Petersen
or Sellers or the other Plaintiffs otherwise Plaintiffs other the or Sellers or
leain i prgah 2 o the of 123 paragraph in allegations admit that no “hearing” was held or held was “hearing” no that admit
rvisor Sellers was not not was Sellers rvisor
or
“testify.” President
28 27 26 25 24 23 22 21 20 19 18 17 16 15 14 13 12 11 10 9 8 7 6 5 4 3 2 1
Complaint. Amended the of 134 paragraph in allegations remaining include the Plaintiffs’ selective emphases. President Fann and Chairma 41 § A.R.S. of text the reproduces accurately Complaint Amended co Legislature’s the limit or abridge cannot and not do Statutes Revised Arizona of the Amended Complaint and further answering state that the provisions of Title 41 of the derives from the Arizona Constitution, not law.”“common of the Amended Complaint and further answering state that the legislative subpoena power of the Complaint.Amended California are not determinative of questions of Arizona law. courts the of jurisprudence the that and power subpoena legislative the limitations temporal or substantive any enumerate not do Arizona of State of the 74 Ariz. 269, 283 (1952). Constitution. the by l of principle applicable of the Amended Complaint and further answering state that the Plaintiffs have inverted the parag foregoing the to Chairman Petersen deny the allegations in paragraph 127 of the Amended Complaint no response is re nstitutional subpoena power.
Amended 130. 129. 128. 127. 134. 133. 132. 131.
rsdn Fn ad himn eesn di ta prgah 3 o the of 134 paragraph that admit Petersen Chairman and Fann President President Fann and Chairman Petersen deny the allegations in paragraph 133 President Fann and Chairman Petersen deny the allegations in paragraph 132 President Fann and Chairman Petersen deny the allegations in paragraph 131 President Fann and Chairman President Fann and Chairman Petersen deny the allegations in paragraph 129 President Fann and Chairman Petersen incorporate by reference their answers which to conclusionlegal a statesComplaint Amended the of 127 Paragraph
Complaint and further answering state that quired. To the extent a response is deemed necessary, President Fann and
See raphs of the Amended Complaint as if fully set forth herein. herein. setforth asiffully Complaint Amended the of raphs aw; the Legislature the aw;
Earhart v. Frohmiller v. Earhart
possesses Petersen 20
, 65 Ariz. 221, 224 (1947); (1947); 224 221, Ariz. 65 ,
deny the allegations in paragraph
all powers not expressly denied to it to denied expressly not powers all
the the Constitution and laws of the
-
1151, as modified to modified as 1151, n Petersen deny any
Adams v. Bolin v. Adams on f h Sae of State the of
the scope of of scope the inherent inherent
.
130 ,
28 27 26 25 24 23 22 21 20 19 18 17 16 15 14 13 12 11 10 9 8 7 6 5 4 3 2 1
afforded are they time much how of irrespectivecommand this with comply to refuse will 13, 2021 at 9:00 a.m. m and documents the produce to recipients of the Subpoenas. enforceability or validity the to relevant not is provided is “testimony” which at “hearing” the that state answering further and Complaint Amended the of sought. not is to adduce testimony or of the Amended Complaint, and further answering state that no law Petersen deny any remaining allegations in paragraph 137 of the Amended Complaint. Fa President Subpoenas. the of enforceability or validity the to relevant the that state Petersen Chairman subpoena never referenced any “hearing” and the existence or absence of a and “hearing” is not Fann President answering, Further command. complied Sellers Supervisors that and a.m. 9:00 at 2021 13, January on Senate Arizona the at “appear” to Supervisors of Board County Maricopa the required subpoena “testimony” no when offer to right some secure or kind any of “hearing” a require, alone let reference, not does it place”; and time certain “a at attendancerecipient’s subpoena a command to Legislature and Complaint Amended the of Petersen deny any remaining allegations in paragraph 135 of the Amended Complaint. inc to modified 41 § A.R.S. of text the of excerpts reproduces accurately Complaint Amended 137. 136. 135. 140. 139. 138.
President Fann and Chairman Petersen admit that the President Fann and Chairman Petersen deny the allegations in paragraph 139 President Fann and Chairman Petersen deny the allegations in paragraph 138 2021 12, January the that admit Petersen Chairman and Fann President President Fann and Chairman Petersen deny the allegations in paragraph 136 the of 135 paragraph that admit Petersen Chairman and Fann President
lude the Plaintiffs’ selective emphases. President Fann and Chairman Chairman and Fann President emphases. selective Plaintiffs’ the lude
,
testimony is sought. sought. is testimony and provides a subpoena recipient with a right to provide testimony that
further further answering state
ute aseig ht ... 41 § A.R.S. that answering further
aterials itemized therein no later than January than later no therein itemized aterials 21
that that the Plaintiffs have indicated that they
existence or absence of a of absence or existence requires requires the L S ubpoena - nn and Chairman and nn 14 los the allows 1154 s
required required the egislature - with that with 1154, as 1154,
28 27 26 25 24 23 22 21 20 19 18 17 16 15 14 13 12 11 10 9 8 7 6 5 4 3 2 1
in which to do so. Pres so. do to which in and election an of audit an conduct to power subpoena legislative the of use the restricts or prohibits law of source no that state answering further and Complaint Amended the of equipment. other and software machines, tabulation election of audit forensic a conduct to power subpoena legislative the of use the restricts Complaint Amended the of election. an of audit an conduct to power subpoena legislative the of use restricts the Complai Amended the of pending and potential legislation to reform the administration of elections in Arizona of the Amended Compl of the Complaint.Amended serve a valid legislative purpose. the that conceded repeatedly and publicly have they because purpose legislative valid a lacked Subpoenas the that argument any asserting from estopped are and waived have Plaintiffs the that state answering further and Complaint Amended the of compliance with thedocumentproduction Subpoenas’ commands). requirement appearance the with complied have Plaintiffs notice “reasonable Plaintiffs the afforded the whether that state answering further and Complaint Amended the of 141 define what constitutes “reasonable notice” but deny the remaining allegations in paragraph Complaint. Amended the of 140 paragraph in 142. 141. 147. 146. 145. 144. 143.
President Fann and Chairman Petersen deny the President Fann and Chairman Petersen deny the allegations in paragraph 146 President Fann and Chairman Petersen deny the allegations in paragraph 145 President Fann and Chairman Petersen President Fann and Chairman Petersen admit the allegations in paragraph 143 President Fann and Chairman Petersen deny the allegations in pa PetersenChairman and PresidentFann
aint ident Fann and Chairman Petersen deny any remaining allegations allegations remaining any deny Petersen Chairman and Fann ident nt and further answering state that no source of law prohibits or prohibits law of source no that state answering further and nt , and note that another purpose of the subpoenas is to investigate
and further answering state that no source of law prohibits or prohibits law of source no that state answering further and
of ” 22
the
omn t apa i mo because moot is appear to command
admit admit that A.R.S. § 41 § A.R.S. that admit
the the allegations in paragraph 144
(although they remain in non in remain they (although allegations in paragraph 147
Subpoenas do in fact in do Subpoenas - 1154 does not does 1154 ragraph ragraph 142 Subpoenas .
-
28 27 26 25 24 23 22 21 20 19 18 17 16 15 14 13 12 11 10 9 8 7 6 5 4 3 2 1
that that any powers purportedly possessed by Maricop 154 of the Complaint.Amended the legislative subpoena power is “limited” and deny any remaining allegations in paragraph Amended Complaint herein. forth set iffully as Complaint Amended the of paragraphs foregoing the to Chairman Petersen deny the allegations in paragraph 152 of the Amended Complaint. no response is required. To the extent a response is deemed necessary, President Fann and of the Complaint.Amended of the Complaint Amended the of 149 Amended Complaint. paragraph in allegations remaining any deny Petersen Chairman and Fann or validity the individually. chairmen committee and officer to presiding relevant not p subpoena is the because resolution Subpoenas the such of enforceability any of absence or existence the of the full Senate “authorizing” any particular investigation and further answering state that h there that admit Petersen Chairman and Fann President subjects. are Plaintiffs the which of investigation, pending the encapsulate themselves Subpoenas the that state answering further and Complaint Amended the of 149 paragraph of sentence of the Complaint.Amended itshouses. and Legislature the of authority the from, 149. 148. 154. 153. 152. 151. 150.
rsdn Fn ad himn eesn di ta prgah 5 o the of 154 paragraph that admit Petersen Chairman and Fann President Preside which to conclusionlegal a statesComplaint Amended the of 152 Paragraph President Fann and Chairman Petersen deny the allegations in paragraph 151 President Fann and Chairman Peter allegations the deny Petersen Chairman and Fann President President Fann and Chairman Petersen deny the allegations in paragraph 148
nt Fann and Chairman Petersen incorporate by reference their answers accurately
.
quotes
selected excerpts of A.R.S. §
23
sen deny the allegations in paragraph 150 a County are subordinate to, and derived
See wr s etd n ah house’s each in vested is ower
A.R.S. § 41 § A.R.S. as been no “resolution” no been as 4 1 - 1154 but deny that - 1151. President 1151.
in the first first the in
28 27 26 25 24 23 22 21 20 19 18 17 16 15 14 13 12 11 10 9 8 7 6 5 4 3 2 1
non of privilege a create not does ballots their onto information identifying of the Amended Complaint, and further answering state that certain voters Complaint and therefore deny them. sufficient to form a b in paragraph 160 of the Complaint.Amended allegations remaining any deny Petersen Chairman and Fann President Subpoenas. the to relevant otherwise is or Subpoenas, the with comply to refusal Plaintiffs’ the permits or requires chairmen), committee or officers its of any non of privilege a creates legislativ valid to pursuant officials elected from secret” “kept be ballots that Arizona Constitution protects the right to a secret ballot but deny that this provision requires Chairman Petersen deny the allegations in paragraph 159 of the Amended Complaint. no response is required. To the extent a response is deemed necessary, President Fann and of the Complaint.Amended herein. forth set iffully as Complaint Amended the of paragraphs foregoing the to Chairman Petersen deny the allegations in paragraph 156 of the Amended Complaint. no response is required. To the extent a response is deemed necessary, President Fann and medium any in and form any in “documents” of production the command to entitled statutorily and constitutionally are chairmen committee and officers t of e mne Cmlit n frhr nwrn sae ht h Lgsaues presiding Legislature’s the that state answering further and Complaint Amended he 158. 157. 156. 155. 162. 161. 160. 159.
President Fann and Chairman Petersen deny the allegations in paragraph 162 President Fann and Chairman Petersen are without knowledge or information President Fann and Chairman Petersen admit that article VII, section 1 of the which to conclusionlegal a statesComplaint Amended the of 159 Paragraph President Fann and Chairman Petersen admit the allegations in paragraph 158 Pres which to conclusionlegal a statesComplaint Amended the of 156 Paragraph President Fann and Chairman Petersen deny the allegations in paragraph 155 ident ident Fann and Chairman Petersen incorporate by reference their answers
elief as to the truth of the allegations in paragraph 161 of the Amended - disclosure assertable by the Plaintiffs against the Legislature (or Legislature the against Plaintiffs the by assertable disclosure
24
validity or enforceability of the enforceabilityof or validity .
See
A.R.S. § 41 ’ choice to insert e subpoena, e - disclosure - 1154.
28 27 26 25 24 23 22 21 20 19 18 17 16 15 14 13 12 11 10 9 8 7 6 5 4 3 2 1
setbe y h Panif aant h Lgsaue o ay f t ofcr o committee or officers its of any (or Legislature the against Plaintiffs the by assertable Petersen deny any remaining allegations in paragraph 165 of the Amended Complaint Subpoen the of enforceability or validity the to relevant otherwise is or Subpoenas, the with comply to refusal Plaintiffs’ the permits or requires chairmen), committee or officers its of any (or Legislature the against Plaintiffs the by or that this statute or any other source of law creates a privilege of non agents its and to generally prohibits third parties from possessing another person’s voted early ballot, subject Complaint. Amended the Subpoenas. President Fann and Chairman the of enforceability or validity the to relevant otherwise is the or with Subpoenas, comply to refusal Plaintiffs’ the permits or requires chairmen), committee or non of 16 § A.R.S. with inconsistent are Subpoenas the that deny but statute, that in enumerated exceptions certain generally prohibits the taking of photographs within 75 feet of a Subpoenas, and otherwise are not relevant to the validity or enforceability of the Subpoenas. Plaintiffs’ the permit or or require not officers do chairmen), its committee of any (or Legislature the against Plaintiffs the by assertable disclosure u non of privilege a create the not do Complaint Amended thatthe of 163 paragraph in state referenced answering further and Complaint, Amended the of and otherwise is not relevant to the validity orenforceability ofthe Subpoenas Plaintiffs’therefu permit or requirenot does chairmen), certain exceptions enumerated in that statute that in enumerated exceptions certain - 164. 163. 165. disclosure assertable by the Plaint the by assertable disclosure
, but deny that the Subpoenas are inconsistent with A.R.S. § 16 § A.R.S. with inconsistent are Subpoenas the that deny but , President Fann and Chairman Petersen admit that A.R.S. § 16 § A.R.S. that admit Petersen Chairman and Fann President 16 § A.R.S. that admit Petersen Chairman and Fann President President Fann and Chairman Petersen deny the allegations in paragraph 163 - 515(G) or that this statute or any other source of law creates a privilege a creates law of source other any or statute this that or 515(G)
Petersen deny any remaining allegations in paragraph 164 of
iffs against the Legislature (or any of its officers officers its of any (or Legislature the against iffs 25
that may include possession by the Senate Senate the by possession include may that
sal to comply with the Subpoenas, thewith comply tosal as. President Fann and Chairman Chairman and Fann President as.
refusal to comply with the the with comply to refusal
polling location, subject to - dis seiid “laws” nspecified closure assertable - - . 1005(H) 1005(H)
- 515(G) , and - - (I) (I) -
28 27 26 25 24 23 22 21 20 19 18 17 16 15 14 13 12 11 10 9 8 7 6 5 4 3 2 1
further further note that it is not strictly necessary for the county to cede “possession” of the ballots the Plaintiffs’ refusal to comply with t permits or requires chairmen), committee or officers its of any (or Legislature the against non of privilege a creates law of source other any “sealed” ballots pursuant to the Subpoenas requires a court it. deny therefore and seal” under “currently are election general 2020 3, November the in cast ballots that t of 168 paragraph in allegation the to as belief a form to sufficient pursuant to a subpoena does not render such documents or materials “public records.” and ballot; her or his completed or to otherwise determine from the requested documents or information how any given voter the voter who cast it (unless the voter freely chose to waive his or her right to ballot secrecy), not “compromise[] the secrecy of ballots” because it is of the Amended Complaint and further answering state that the Subpoenas do not and could in activities administering elections. regular county’s the of many outlawing of effect the have would 1018(4) Complaint Amended the Subpoenas. President Fann and Chairman Petersen the deny any remaining allegations in paragraph 166 of of enforceability or validity the to relevant otherwise is or Subpoenas, to refusal Plaintiffs’ the permits or requires chairmen), committee or non of wit inconsistent are Subpoenas the that deny but statute, that in enumerated exceptions certain to subject party, third a to ballot voted one’s of contents the showing prohibits generally subpoenas the with comply to order in h A.R.S. § 16 § A.R.S. h - 166. 168. 167. disclosure assertable by the Plaintiffs against the Legislature (or any of its officers its of any (or Legislature the against Plaintiffs the by assertable disclosure
President Fann and Chairman Petersen are without knowledge or information President Fann and Chairman Petersen deny the allegations in paragraph 167 16 § A.R.S. that admit Petersen Chairman and Fann President - 1018(4) or that this statute or any other source of law creates a privilege a creates law of source other any or statute this that or 1018(4)
rsdn Fn ad Chairman and Fann President
ad oe ht h cut’ cpcos int capacious county’s the that note and ,
the inter the he Subpoenas, or is otherwise relevant to the validity .
- governmental transfer governmental 26
- Petersen disclosure assertable by the Plaintiffs the by assertable disclosure
impossible impossible to tie any given ballot t order or that A.R.S. § 16
ey ht h pouto of production the that deny of documents and records and documents of he Amended Complaint Amended he rrtto o Section of erpretation opy ih the with comply - 1018(4) - 624 or
o
28 27 26 25 24 23 22 21 20 19 18 17 16 15 14 13 12 11 10 9 8 7 6 5 4 3 2 1
r nocaiiy f h Sbons Peiet an n Cara Ptre dn any deny Petersen Chairman and Fann President Subpoenas. the of enforceability or answeri further and Complaint, Amended the of 172 paragraph in allegations remaining the deny but Complaint Amended the of 172 paragraph of sentence the with comply to refusal Plaintiffs’ Subpoenas, and is the not otherwise relevant to the validity permit or require or chairmen), officers its committee of any (or Legislature the against Plaintiffs the by assertable disclosure 16 § A.R.S. that to pursuant state answering further and Complaint Amended the of any deny Petersen paragrap in allegations remaining Chairman and Fann President Subpoenas. the of enforceability or the Plaintiffs’ refusal to comply with the Subpoenas, or is otherwise relevant to the validity officers its of any (or Legislature the against non of privilege a creates law of source other any that deny and Manual, Procedures Elections Elections Procedures Manual of text the reproduces accurately Complaint Amended Complaint. p in allegations remaining any deny Petersen Chairman and Fann President Subpoenas. the of enforceability or validity the to relevant otherwise is or Subpoenas, the with comply to refusal Plaintiffs’ the permits or requires chairmen), o its of any (or Legislature the against Plaintiffs the by assertable 16 § A.R.S. A.R.S. of text the reproduces accurately Complaint Amended Complaint. Amended the of 168 paragraph in allegations remaining 170. 169. 172. 171.
- 2() r n ohr ore f a cets piiee f non of privilege a creates law of source other any or 624(A) rsdn Fn ad himn eesn di te leain i te first the in allegations the admit Petersen Chairman and Fann President President Fann and Chairman Petersen deny the allegations in paragraph 171 paragraph that admit Petersen Chairman and Fann President par that admit Petersen Chairman and Fann President
- 624 or any other source of law does not does law of source other any or 624
but deny that h 1 70
of the Complaint.Amended
the the Subpoenas ar 27
the Arizona Elections Procedures Manual Procedures Elections Arizona the or committee chairmen), requires or permits or requires chairmen), committee or
- disclosure assertable by the Plaintiffs the by assertable disclosure
the cited provisions of the Arizona Arizona the of provisions cited the or enforceability of the Subpoenas. aragraph 169 of the Amended Amended the of 169 aragraph e inconsistent with the Arizona § 16 §
create a privilege of non of privilege a create any ng that the Subpoenas the that ng -
624(A) but deny that deny but 624(A) fficers or committee committee or fficers saig o ballots of “sealing” gah 6 o the of 169 agraph 170 - disclosure
f the of
or -
28 27 26 25 24 23 22 21 20 19 18 17 16 15 14 13 12 11 10 9 8 7 6 5 4 3 2 1
themselves Chairman Petersen deny the allegations in paragraph 178 of the Amended Complaint. no response is required. To the extent a response is deemed necessary, President Fann and Complaint. Amended the of 177 paragraph in allegations remaining any deny Petersen Chairman and Fann President law. of sources those with inconsistent Amende allegations the deny but elections” to regard with “authority Senate Arizona the to “grant[]” and “define[]” Statutes Revised Arizona and Constitution herein. forth set iffully as Complaint Amended the of paragraphs foregoing the to Chairman Petersen deny the allegations in paragraph 175 of the Amende no response is required. To the extent a response is deemed necessary, President Fann and Chairman Petersen deny the allegations in paragraph 174 of the no response is required. To the extent a response is deemed necessary, President Fann and any deny Petersen Chairman and Fann 173 paragraph in allegations remaining President Subpoenas. the of enforceability or validity the to relevant otherwise is or Subpoenas, the with comply to refusalPlaintiffs’ c or officers its of any (or Legislature the other source of law creates a privilege of non 16 § A.R.S. with inconsistent are Subpoenas A.R of text the reproduces accurately Complaint Amended produced or made available to the Arizona Senate. 174. 173. 178. 177. 176. 175. Cmlit o h etn te alg ta te upea ae n n respect any in are Subpoenas the that allege they extent the to Complaint d
furnish any required “legal basis for the ballots to be unsealed” or otherwise otherwise or unsealed” be to ballots the for basis “legal required any furnish Paragraph 178 of the Amend the of 178 Paragraph PresidentFannandChairman Petersen admit that U.S.Constitution, Arizona President Fann and Chairman Petersen incorporate by reference their answers which to conclusionlegal a statesComplaint Amended the of 175 Paragraph which to conclusionlegal a statesComplaint Amended the of 174 Paragraph the of 173 paragraph that admit Petersen Chairman and Fann President
of the Complaint.Amended
ed Complaint states a legal conclusion to which to conclusion legal a states Complaint ed 28 mite himn, eurs r emt the permits or requires chairmen), ommittee - - disclosure assertable by the Plaintiffs against
625, and deny that deny and 625,
.S. .S. § 16 §
Amended Complaint. i
prgah 7 o the of 177 paragraph n A.R.S. § 16 § A.R.S. - 625 but deny that deny but 625
d Complaint. - 625 or any or 625
the the
28 27 26 25 24 23 22 21 20 19 18 17 16 15 14 13 12 11 10 9 8 7 6 5 4 3 2 1
The Amended Complaint’s a civil proceeding in Subpoenas the of enforceability or validity the adjudicate to jurisdiction lacks Court the civil a in Subpoenas the of enforceability proceeding or validity the adjudicate to jurisdiction granted. with respect t Petersen deny that Plaintiffs are entitled to the relief requested or to any other form of relief Chairman and Fann President necessary, deemed is response a extent the To required. is The Plaintiffs have waived any claim, defense or argument that argument or defense claim, any waived have Plaintiffs The The RESPECTFULLY SUBMITTED that argument or defense claim, any asserting from estopped are Plaintiffs The
AFFIRMATIVE DEFENSE NO. 1: FAILURE TO STATE A CLAIM , and/or (2) the Subpoenas lack a “valid legislative purpose.” purpose.” legislative a“valid lack Subpoenas the (2) , and/or Amended o the Subpoenas or against the Defendants.
, and/or (2) the Subpoenas lack a“v lack Subpoenas the (2) , and/or
AFFIRMATIVE
AFFIRMATIVE DEFENSE NO. 2: WAIVER Complaint fails to state any valid legal claim for which relief may be Demand
f or Relief states legal conclusions to which no response DEFENSE NO. 3: ESTOPPEL
By:
this this
29 Warren Petersen Judiciar President Karen Fann and Senate Attorneys for Phoenix, Arizona 649 North Fourth Avenue, First Floor Thomas Basile Kory Langhofer PLLC STATECRAFT 1
7 /s/Thomas Basile /s/Thomas th th
day of y alid legislative purpose.”
Committee Chairman February
Defendants
85003
, 20
2 Arizona Senate
1 (1) (1) .
the Court lacks lacks Court the
(1) (1)
28 27 26 25 24 23 22 21 20 19 18 17 16 15 14 13 12 11 10 9 8 7 6 5 4 3 2 1
By: Attorneys for the Democratic Members of the Senate Judiciary Committee [email protected] [email protected] Tempe, Arizona 85283 401 West Baseline Road, Suite 205 Barton Mendez Soto PLLC Jacqueline Soto Mendez James Barton Attorneys for the Plaintiffs CMorgan@She [email protected] Phoenix, Arizona 85004 201 East Washington Street, Suite 800 Sherman & Howard L.L.C. Craig A. Morgan John Alan Doran [email protected] Phoenix, Arizona 85003 225 West Madison Street Maricopa County Attorney’s Office Thomas P. Liddy, Deputy County Attorney [email protected] Phoenix, Arizona 85016 2375 East Camelback Road, Suite 750 Hinshaw & Culbertson LLP Steven W. Tully a Notice ofElectronic Filing to the following registrants: TurboCourt the to document
_/s/Thomas Basil Thomas Basile I hereby certify that on
rmanHoward.com
Clerk’s Office using the TurboCourt System for filing and transmittalfilingandofTurboCourtfor Systemthe using Clerk’sOffice
e
-
2327
CERTIFICATE OF SERVICE
February 1
7
, 2021
, I electronically transmitted the attached