Six years after Arizona’s disputed 2020 presidential count, documents from the state Senate’s contentious private audit of Maricopa County’s ballots have landed in the hands of the FBI, while the Department of Homeland Security has separately sought the Arizona Attorney General’s own files reviewing that election — reopening old wounds just as the state heads into another closely watched midterm.
Documents head to the FBI
Arizona Senate President Warren Petersen, who is running for state attorney general as a Republican, confirmed he turned over records from the Senate’s 2020 audit of Maricopa County to the FBI. The audit, commissioned by then-Senate President Karen Fann and conducted by the firm Cyber Ninjas, became a national flashpoint after it failed to find evidence supporting fraud claims. The FBI has declined to say publicly why it sought the records now.
A separate DHS request
In a parallel development, Arizona’s Attorney General’s Office confirmed that the Department of Homeland Security opened its own inquiry into the 2020 election and requested the office’s related documents. AG spokesman Richie Taylor said Attorney General Kris Mayes, a Democrat, provided DHS with a 2022 report by her Republican predecessor, Mark Brnovich, that reviewed the Senate audit, along with some previously unpublished materials. Taylor said no subpoena was necessary because the records are public. Mayes also shared a 2023 follow-up report that included evidence Brnovich’s own staff had told him there was no basis for the fraud claims before his 2022 report was even released. After DHS requested additional material, the AG’s office prepared a presentation but says there has been no further cooperation since.
What the earlier investigation found
Brnovich’s 2022 memo, detailed in the follow-up report, showed investigators spent more than 10,000 hours examining fraud claims brought by private groups, including Cyber Ninjas and True the Vote, and concluded those parties ‘did not provide any evidence to support their allegations.’ Former state Sen. Mark Finchem reportedly told investigators he had no evidence of fraud, while Sen. Wendy Rogers declined to meet with them, saying she was waiting to see a ‘perp walk’ of those who committed fraud.
Sharp divisions among officials
Gov. Katie Hobbs, a Democrat, dismissed the renewed scrutiny bluntly: ‘This election has been litigated and litigated and litigated,’ she said, adding, ‘Donald Trump lost.’ President Trump welcomed the FBI document transfer, responding ‘Great!!!’ when asked about it. Mayes and Secretary of State Adrian Fontes, both Democrats, have warned county recorders not to comply with federal grand jury subpoenas for voter data, writing in a letter: ‘I implore you to fulfill your oath by declining any such illegal demands.’ Petersen criticized Mayes on social media over her stance, saying he would always support law enforcement and comply with the law. At a local GOP event, Scottsdale Republican chair Stuart Scurti said he hoped the document transfer ‘leads to prosecutions.’
Why it matters beyond 2020
Dax Goldstein of the States United Democracy Center, which tracks threats to election administration, said the renewed attacks on state election authority are aimed squarely at shaping perceptions ahead of the 2026 midterms, not merely relitigating 2020. Maricopa County officials said they had not received subpoenas for voting records as of the latest update, but the broader standoff between state Democratic officials and federal Republican-led agencies over data access remains unresolved.
What’s next
With the FBI’s reasons for seeking the audit records undisclosed and DHS’s inquiry ongoing, Arizona’s election administration has become a proving ground for federal-state tension over election oversight. How county recorders respond to any further federal data requests — and whether Mayes and Fontes’s refusal holds up against potential subpoenas — will likely shape how much latitude federal agencies have to probe state election records in the run-up to November and beyond.
Photo: Gage Skidmore / BY-SA via flickr
