The Civil Rights Division of the US Department of Justice issued a letter to the Arizona State Senate that the audit of ballots being undertaken in Maricopa County by a private company may violate federal voting laws.

“News reports indicate that the Senate subpoenaed ballots, elections systems, and election materials from Maricopa County and required that they be turned over to private contractors, led by a firm known as Cyber Ninjas,” the letter states.  “The Department has reviewed available information, including news reports and complaints regarding the procedures being used for this audit. The information of which we are aware raises concerns regarding at least two issues of potential noncompliance with federal laws enforced by the Department.”

The letter from the Principal Deputy Assistant Attorney General overseeing the Civil Rights Division, Pamela Karlen cites a two primary reasons why the audit may be in violation, including the fact that the ballots are not in the continuous possession of government authorities and that they have been turned over to a private company without guidance or review.  That company, Cyber Ninjas, has no experience in auditing any type of election.

The second reason relates to one of the task specified by the state senate:  that Cyber Ninjas may contact specific voters, either telephonically or in person, to confirm the identity of the voter.  This, the DoJ says, may constitute an attempt of voter intimidation.

“This description of the proposed work of the audit raises concerns regarding potential intimidation of voters,” the letter states.  “The Department enforces a number of federal statutes that prohibit intimidation of persons for voting or attempting to vote.”