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Fact-checking today's Senate/Cyber Ninjas meeting

May 18, 2021

Today, Senator Karen Fann held a meeting with Cyber Ninjas, CyFIR, and Ken Bennett. The Maricopa County Board of Supervisors and Maricopa County Recorder Stephen Richer refused to attend.

Prior to the meeting, Fann kicked Democratic Senators out of the room.

During the meeting, many of the claims were fact-checked.

Regarding Senate President Karen Fann's claim that this audit has never been about overturning the November election:

Maricopa County:

Fact check: Karen Fann says audit has never been about overturning the November election. Court filings suggest otherwise (see Nov. 6 reference).

Jeremy Duda, AZ Mirror

Fann opens by saying the audit has nothing to do with overturning election or decertifying electors. It's worth noting that in December, her lawyers said they needed to do the audit quickly so they could give the results to Congress before Jan 6 Electoral College certification.

Regarding Karen Fann's claim that they never wanted ballots to leave MCTEC:

Garrett Archer, ABC 15:

Karen Fann saying they never wanted the ballots to leave MCTEC. The subpoena says otherwise.

Regarding Ken Bennett's claim of how batches are divided:

Garrett Archer, ABC 15:

Ken Bennett is talking about batch dividers now and how some batches are divided by just apiece of paper with no corresponding ID. County response to media on this is that this is an archive process, not designed for a 100% hand recount.

Regarding Warren Petersen's and CyFIR's claim of missing passwords:

Garrett Archer, ABC 15:

Warren Petersen asks about passwords CyFIR says he is missing password for tabulator at admin or tech level. He lists what he does not know on config:

-RJ45 jack

-if there is an internal card.

Maricopa does not have admin or tech level access to the ICP tabulators.

Regarding Doug Logan's claim that this is the first audit that looks at ballots:

Maricopa County:

Fact check: Cyber Ninja CEO Doug Logan says county’s 2 independent audits didn’t look at ballots. Wrong. Our audits and reviews looked at more than a million ballot positions and did a statistically significant hand count (photo to right) that found a 100% match to tabulation equipment.

Where were the ballots between November and April? (Regarding questions about "chain of custody" between the election and this "audit"):

Maricopa County:

Q: Where were the ballots between November and April? A: In our vault. The only time we moved them was when we loaded them in a truck to deliver to the Senate in early March then heard the Senate wasn’t ready to receive them. Back in the vault they went.

Regarding incorrect ballot batch counts:

Maricopa County:

You’re not an election expert so you don’t know what this yellow paper means. See exhibit C in our technical letter for the answer to your questions:


Garrett Archer, ABC 15:

The pink slips not matching is a result of ballots going to duplication boards (due to tearing, coffee stains, etc...).

Duplication is not the same thing as adjudication. Ballot markings are copied to the letter. Still by bipartisan teams.

Maricopa County (via email): After signature verifying 100% of early ballot affidavit envelopes returned by voters, those with signatures that match are opened and readied for tabulation by bipartisan boards. The boards track the ballots sent to tabulation using an Early Voting Transmittal Slip. But, sometimes voters return damaged ballots. These ballots need to be copied onto an undamaged blank ballot that can be counted. In these cases, tabulation staff use a separate log to track the ballots that are sent to be copied onto a ballot that can be counted. DID YOU KNOW: Maricopa County’s technical response to the Senate’s letter provides copies of these logs, which were not requested as part of the subpoena. The logs show that two separate County documents verify that all ballots within those batches were accounted for.

Regarding the question about why ballots aren't sorted by precinct:

Maricopa County:

The suggestion that ballots should be sorted by precincts is absurd. This cannot be done without completely ending early voting.

Regarding the false claim that "database files" were deleted:

Garrett Archer, ABC 15:

ANSWER #AZAudit forensic expert validates Maricopa County answer that they did not know the RAID configuration for the EMS server and that he has ALL of the data that

@ArizonaAudit called deleted. Why this was prematurely put on social media was completely glossed over.

Maricopa County (Twitter): Just want to underscore that AZ Senate’s @ArizonaAudit account accused Maricopa County of deleting files- which would be a crime- then a day after our technical letter explained they were just looking in the wrong place- all of a sudden “auditors” have recovered the files.

Sooo... they’ve now “recovered” the allegedly deleted files? Wonder if our technical document explaining this helped. https://www.maricopa.gov/DocumentCenter/View/68971/Final-Technical-Response-Letter-with-Exhibits-5172021

Maricopa County (via email):

Maricopa County did not delete files when preparing the subpoenaed SQL server for delivery. The modified date of April 12, 2021 shown on this screenshot (image 4) was the day the County powered down the server to prepare it for delivery to the Senate.

Did you miss the meeting? Watch the full video here:

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