Homeless in Arizona

Even if the law is stupid and unneeded us serfs are expected to obey it. I guess that doesn't apply to government officials.

Source

AG rejects 'election bible' complaint against Secretary of State Michele Reagan

Mary Jo Pitzl, The Republic | azcentral.com 2:20 p.m. MST June 15, 2016

Arizona's fall elections can proceed without an update manual to guide poll workers, the attorney general decides in response to a complaint against Secretary of State Michele Reagan.

Arizona law says the secretary of state must issue a procedures manual for "each election," but that is a matter of interpretation, Arizona Attorney General Mark Brnovich decided in rejecting a complaint against Secretary Michele Reagan.

Reagan made a "plausible" interpretation of the law when she decided earlier this year that a new manual doesn't have to be produced to guide election workers. She argued there wasn't time to compile one, and said the 2014 guidance is sufficient for the upcoming primary and general elections.

Chief deputy Michael Bailey concluded there were numerous ways the law could be — and has been — read. For example, past secretaries of state have interpreted the law to mean a new manual for each election cycle, which usually encompasses two elections, Bailey stated. This year, Arizona is staging four statewide elections, which could lead to four manuals, he reasoned.

Reagan's decision to stick with the existing manual is another way to look at the law, Bailey wrote in a letter to Chandler attorney Tom Ryan, who last week asked the attorney general to intervene and force Reagan to produce a 2016 manual.

"We do not address here which of these possible interpretations is better or best," Bailey wrote. There is no evidence Reagan willfully defied the law, as Ryan alleged, he added.

'Shall' means 'must'

Ryan said the violation appeared clear-cut to him, adding the statute says "shall" seven times, which he said is a clear directive to produce the manual. However, he said he accepts the AG's interpretation and will not press the issue further.

He predicted the lack of guidance for a new law that bans mass ballot collection could lead to complications at the polls later this year.

Matt Roberts, a spokesman for Reagan, said the secretary welcomed the opinion and will work on overseeing the upcoming Aug. 30 primary and Nov. 8 general elections.

The elections manual is a guide for poll workers and elections officials on how to conduct an election. Some have called it the "election bible" because of the statewide standard it sets.

How to carry out new law

Since the 2014 manual was compiled, lawmakers have added the ban on collecting other voters' early ballots and returning them to the polls. There are exceptions for household members and caretakers, but otherwise, anyone returning an early ballot that is not their own could be subject to criminal penalties.

Some poll workers have questioned how they will deal with the issue absent guidance. For example, David Coward, who has worked as a poll inspector in Pinal County, said he wonders how he would handle a voter who drops off multiple ballots.

Roberts said that's a matter for the county attorneys to enforce, not poll workers. Besides, he said, poll workers aren't empowered to reject ballots.

State Rep. Michelle Ugenti Rita, R-Scottsdale, was the sponsor of the controversial ballot-collection bill, which took three years to get through the Legislature and signed into law. Critics derided it as a form of voter suppression; supporters said it would prevent voter fraud.

Ugenti Rita said she was not worried that the lack of an updated manual would complicate how the law is interpreted at the polls.

"Hopefully, common sense prevails," she said.

But Ryan said it raises questions about how elections officials should treat a big batch of ballots even if they must accept them: Should they be marked in a special fashion?

"It's a guess," he said.

Reach the reporter at maryjo.pitzl@arizonarepublic.com and follow her on Twitter @maryjpitzl