Maricopa County releases report on investigation into 2022 election ballot printing issues

Maricopa County released the results of an independent investigation to find out what went wrong with ballot printing on Election Day in 2022.

The investigation was led by former Arizona Supreme Court Chief Justice Ruth McGregor.

The Maricopa County Attorney's Office had asked the retired judge to determine what factors caused the printing problems on Election Day, why these same issues were not seen during the primary election, and how the county can prevent similar problems in future elections.

Read more about the report's findings here.

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County officials say Ruth McGregor will lead an independent investigation after about 20% of polling sites experienced issues with tabulation machines during the midterm election last year.

The 38-page report concludes that changes to the paper ballots were the main cause of the issue with tabulators reading the ballots.

Over the last two months, the investigative team printed and tabulated more than 9,000 ballots, replicating the process to find out where the errors were and what caused them.

The report, the judge says, proves this was not human error but equipment issues.

The report reads, in part, "One of the most striking findings in our tests involved the considerable differences among printers. At the extremes, one printer (printer 406), printed 850 ballots at all settings with only one misread ballot. Printer 491 did almost as well, with only 13 misread ballots. In contrast, printer 404 produced 92 misread ballots and printer 323 produced 72."

The report also says the weight of the paper, and the length of the paper, were changed during the 2022 general election causing the tabulators to have issues reading them.

McGregor added that preelection testing may not have caught the problem because the test didn't properly mimic the stresses that printers experience on Election Day.

"Nothing we learned in our interviews or document reviews gave any clear indication that the problems should have been anticipated," McGregor wrote.

McGregor's findings show the challenges confronting election officials as they respond to concerns spread by election deniers with changes that carry their own unforeseen consequences that raise further doubts among voters primed to be skeptical of election procedures.

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At issue were printers that were not producing dark enough markings on the ballots, which required election officials to change the printer settings.

Clint Hickman, the Republican chairman of the county board of supervisors, said the board will "make changes to best serve voters, starting with replacing some equipment."

Republican Kari Lake, who lost the race for governor, along with the GOP candidates for attorney general and Secretary of State have pointed to the printer issues as a reason for their losses. Lake's campaign Twitter account called the report a "farce."

McGregor's team printed and counted 9,100 ballots, concluding the issue could be traced to a part known as the fuser on Oki B432 printers, one of two models used at vote centers.

For some printers, the fuser failed to consistently maintain the proper temperature to bond toner to the paper, resulting in ballots that could not be read by precinct-based tabulators. On Election Day, thousands of ballots from problematic printers were counted on more sophisticated scanners at the county's election headquarters in downtown Phoenix. Officials say all voters had a chance to cast a ballot and all legal ballots were counted.

McGregor, who was appointed to the state's high court by former Republican Gov. Jane Hull, said the problem was more pronounced because of two changes made for the 2022 general election.

The ballot length was increased from 19 inches to 20 to accommodate more than 70 contests. And the paper thickness was increased after some voters in 2020 complained that the Sharpie brand markers used in polling places caused ink to bleed from one side of the paper to the other. The issue does not affect the ballot count, but claims that it was evidence of fraud were widespread among supporters of former President  Donald Trump , who narrowly lost in Arizona that year.

In McGregor's tests, thicker paper led to higher failure rates, and adding an extra inch to the ballot length further increased the problems.

McGregor suggested a number of potential fixes for future elections, such as ditching the Oki printers or more aggressively testing to find the ones with problems. She said thicker paper and precinct-based tabulators both increased rates of problems. About half of Arizona's counties count all their ballots at a central location.

"You can be sure our board will take any steps necessary to ensure in-person voters have the experience they deserve in 2024," Jack Sellers, a Republican county supervisor, said in a statement.