PRESS RELEASE
Santa Cruz County Reaffirms Commitment to Voter Privacy Amid Legal Dispute Over Cast Vote Records
Nogales, AZ - The Santa Cruz County Board of Supervisors is reaffirming its unwavering commitment to election integrity and voter privacy following a multi-year legal effort to protect sensitive voting data from public disclosure.
In 2022, the County received a Public Records Request from Audit USA, a nonprofit group led by John Brakey, seeking access to Cast Vote Records (CVRs)—digital data derived from ballots cast on Election Day. Concerned that releasing CVRs could compromise voter anonymity, especially in a small county like Santa Cruz, the Board sought legal guidance by filing a Declaratory Judgment action in Pima County Superior Court (Case No. C20223426).
The County’s position is rooted in the Arizona Constitution, which guarantees a voter’s right to cast a ballot free from identification, harassment, or retribution. With the rise of advanced digital tools and artificial intelligence, the risk of linking CVRs to individual voters has grown significantly.
While the County initially denied the Public Record Request for CVR’s, the County pursued a legal ruling to clarify whether CVRs must be disclosed under public records law in hopes of resolving the issue with an early decision by a court and avoid potential significant penalties from other litigation. The Superior Court dismissed the case on technical grounds, and the Court of Appeals later upheld the dismissal, citing a lack of legal controversy.
Despite these procedural outcomes, both courts acknowledged the County’s good faith efforts to seek clarity on a complex and evolving legal matter.
More recently, in Maricopa County, a Superior Court ruling in Hudson v. Heap (CV2025-000118) affirmed that CVRs are protected under Arizona election law. The Court of Appeals also referenced a 2023 case in which Audit USA was denied access to digital ballot copies, reinforcing the legal precedent. (AUDIT-USA v. Maricopa County, 254 Ariz. 536, ¶ 7 )
Still, Audit USA continues to pursue CVR access through public and media channels. The Board notes with concern that misinformation has been circulated in the press, further complicating public understanding of the issue.
Board of Supervisors’ Position
The Santa Cruz County Board of Supervisors believes that voter privacy is a constitutional right that must be protected. The Board maintains that CVRs, particularly in small counties, pose a real and growing risk of voter identification due to the increasing sophistication of digital tools and artificial intelligence. Based on current case law, including the recent ruling in Hudson v. Heap, the County will continue to deny all requests for CVRs. While the Board supports transparency in government, it does not believe that transparency should come at the expense of voter anonymity. The Board remains committed to defending the right of every voter to cast a ballot freely and privately, in accordance with the principles of the Arizona Constitution and the democratic values on which the County and the nation were founded.
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