No one wrote a rule book on how to conduct an election in a global health crisis. So, election officials are adjusting as best they can.
Across Arizona, many are implementing safety procedures at polls, but are also forced to minimize the number of polling locations and find larger venues to accommodate more voters safely.
The more difficult decision lies in how to ensure voters who are already suffering impacts of COVID-19 can still vote, as it may limit their options to cast their ballots.
Secretary of State Katie Hobbs recommended counties offer options to those living in nursing homes, long-term care facilities and hospitals where visitation may not be possible.
"The recommendations include, as a last resort, using video conferencing technology to allow Special Election Boards to assist voters when entry into the facility is prohibited and the voter needs assistance marking their ballot but cannot enlist the help of someone in the facility," Hobbs said in a release issued Wednesday evening.
The guidance is nonbinding, according to her office, but some county recorders raised issues.
"I simply have a belief that the procedure that we work with should be vetted," said Yuma County Recorder Robyn Pouquette. "We are already in the thick of things...The responsibility falls onto us, so I think you can understand the concern."
Pouquette raised concerns with not only acquiring equipment, and training special election boards on how to properly handle the process virtually, but says it's against Arizona's written election laws.
"The law has always anticipated that the special election board would be done face-to-face in the voter's presence," added Eric Spencer, Arizona's former State Elections Director. Spencer served from 2015 to 2018 under Republican Secretary of State Michelle Reagan.
"I think election officials are coming from the right motivation to try and create new workarounds," he said. "You still have to stay within the law. There's nothing in either state statute, or in the election procedures manual, which is a set of regulations designed to further flush out the state statue and fill in gaps. There's nothing in there currently that allows for this type of procedure."
Pouquette, took her concern a step forward, and emailed a member of Governor Doug Ducey's staff last week.
That prompted a letter from the Governor directly to the secretary of state, questioning the method.
"At no point in addressing these challenges should we disregard the laws, policies and procedures that exist to protect the integrity of our elections systems," he said in his letter dated September 21.
However, Hobbs was quick to point out state officials have been previously okay with working outside the letter of the law in other areas- including Arizona's open meeting laws. Arizona Attorney General Mark Brnovich issued guidance that allowed public meetings to be offered virtually, rather than in person, and still meet the state's open meeting law.
Hobbs later spoke one on one with ABC15, following the Governor's public release of their exchange.
"I mean quite honestly, this is very frustrating," she said. "This is an attack from the governor, and I think it's right out of the playbook that we're seeing used to undermine my credibility, the credibility of my office, the integrity of our elections and down the road question the legitimacy of the vote."
Hobbs worries the motivation behind the Ducey's objection is political, and will only continue on a national scale.
"It's really our job to assure the public of the integrity," Hobbs added. "It doesn't help when the President is the loudest voice in helping to undermine, and I think we're focused on trying to provide accurate information countering the false information that's out there."
Wednesday, Governor Ducey asked the Attorney General to look into Hobbs' recommendation, saying his office remains concerned.
The guidance is nonbinding, according to her office, but some county recorders raised issues.
"I simply have a belief that the procedure that we work with should be vetted," said Yuma County Recorder Robyn Pouquette. "We are already in the thick of things...The responsibility falls onto us, so I think you can understand the concern."
Less than a day later, Ducey was asked whether he condoned the idea of some voters not being given the opportunity to participate in the election, by objecting to the accommodations proposed.
"I want everyone to vote, I want every eligible voter to vote," said Ducey. "I want everyone in a long-term care facility to vote."
The Secretary of State says she is continuing to recommend the practice, as well as offering some voters registration options if COVID-19 impacts their ability to fill out an online or physical form themselves.
"After determining an individual is eligible to register and has no other way to do so, our staff will assist with filling out a paper form at the individual's direction over the phone, signing on the assister line on the form, and submitting the form to the County Recorder on the voter's behalf to ensure an initial submission by the applicable deadline," she explained Wednesday. "The Secretary of State's Office would mail the voter a copy of the form, with instructions to sign and return the signed copy to the County Recorder in order to complete their registration and become an active registered voter."
