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1 Wendy R. Weiser, et al., Letter to the Department of Justice Re: Request for Election Monitoring [1] (2021)

handle is hein.brennan/bcltrdjr0001 and id is 1 raw text is: BRENNAN - CENTER The Leader s te FOR JUSTICE Conferenc.Dmocac April 29, 2021 Chris Herren Chief, Voting Section Civil Rights Division U.S. Department of Justice 1800 G St., N.W. Room 7254 - NWB Washington, DC 20006 VIA FAX 202-307-3961 Re: Request for election monitoring Dear Mr. Herren, We write to request that you deploy federal monitors to the Arizona Veterans Memorial Coliseum, where agents of the Arizona Senate are reviewing ballots as part of a so-called audit of votes cast for federal office in the 2020 general election in Maricopa County. This work is being conducted by Cyber Ninjas, a firm retained by the state senate, along with its subcontractors, as part of a review of election results, or audit, commissioned by the state senate. It includes the handling and review of approximately 2.1 million ballots and other election materials, which a court compelled Maricopa County election officials to transfer into the senate's custody after the senate issued a subpoena for them. We are very concerned that the auditors are engaged in ongoing and imminent violations of federal voting and election laws. Specifically, we believe that the senate and its agents, including Cyber Ninjas, are 1) violating their duty under federal law to retain and preserve ballots cast in a federal election, which are and have been in danger of being stolen, defaced, or irretrievably damaged, and 2) preparing to engage in conduct which will constitute unlawful voter intimidation in violation of the Voting Rights Act and other federal laws. The Department of Justice has authority to monitor this process pursuant to Section 10302 of Title 52 of the United States Code.1 Since the passage of the Voting Rights Act in 1965, the Department has regularly monitored elections in the field2 and around the country throughout every year to protect the rights of all voters.3 Department monitoring is critical to the protection of civil rights and the enforcement of voting rights and election laws. Election monitors have a unique ability to help deter wrongdoing, defuse tension, promote compliance with the law and ' See 52 U.S.C.A. § 10302. See also 52 U.S.C.A. § 10305. 2 U.S. Department of Justice, Justice Department to Monitor Polls in 28 States on Election Day, press release, November 7, 2016, https://www.justice.gov/opa nr/justi t teselection-da . 3 U.S. Department of Justice, Justice Department Again to Monitor Compliance with the Federal Voting Rights Laws on Election Day, press release, November 2, 2020, httpsa//ww.iusticeov/opapr/iustice-deartment-aain- monitor-c(mpliance-ederal-voting-rights-aws-election-da

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