Ballot images same as ballots, Pima County judge rules in voter privacy case

Maricopa County staff testing the machines with test ballots for certification

Arizona Daily Independent

Pima County Superior Court Judge Richard Gordon has ruled in favor of voter privacy in a case involving ballot images produced by vote tabulation machines. The judge found that ballot images “will be treated exactly the same as physical ballots.”

The ruling was hailed by voter privacy proponents.

The case was brought by a Tucson man, Richard Hernandez at the behest of election activist John Brakey. Brakey, a perpetual critic of American elections, wanted to have access to the images despite the fact that access would deny voters their privacy rights.

In anticipation of Brakey’s legal maneuvers, the Arizona Legislature passed a law, SB1094, this year, which the judge cited, requiring that ballot images be treated the same as ballots.

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