(MintPress) – Sheriff Joe Arpaio, who has been sued by the Justice Department over alleged racial profiling and discrimination, may have been declared the victor Tuesday in Arizona’s Maricopa County race, but the show isn’t over yet.
Around 460,000 voters in that county are still waiting for their votes to be counted — and their voices to be heard. That’s the number of early and provisional ballots that have yet to be included in election totals. And many of those ballots were filled out by Hispanic constituents who don’t consider Arpaio to be their man.
Considering Arpaio’s victory over challenger Paul Penzone came by a margin of 88,000 votes, there is potential for the verdict to be overturned. Despite this, headlines have wholeheartedly declared Arpaio the victor — and not everyone is pleased about it.
The “hiccup” in democracy has caused outrage among constituents, sparking protests outside the Maricopa County Recorder’s office. Crowds of more than 100 people gathered Wednesday to voice outrage and concern, and many of them were Hispanic. It’s their votes, they claim, that are being locked away. And they want to make sure their ballots are counted.
Those protesting claim they were not allowed to cast their votes on Election Day. Despite showing up to the polls, their ballots were cast as provisional, with poll workers claiming a need to ensure that voter fraud was not being committed.
And while Arpaio has publicly accepted the victory, his opponent isn’t conceding.
A spokesperson with the Penzone campaign told MintPress they’re not stepping down until all the ballots are counted. Those who were forced to fill out provisional ballots have until Friday to show the County Recorder identification necessary to move the process along.
Why so many provisional ballots?
The County Recorder’s Office in Phoenix, Ariz. is now home to 1,500 boxes full of provisional ballots from voters in Maricopa County. Those boxes contain 344,000 uncounted early ballots and 115,000 provisional ballots yet to be verified, according to the Arizona Secretary of State’s office.
Other counties in Arizona are also dealing with provisional ballots, yet not to the extent seen in Arpaio’s county. Throughout the entire state, 602,334 early and provisional ballots are yet to be counted — 460,000 belonging to Maricopa County.
Why so many in Maricopa?
There are a few reasons why voters would be asked to fill out a provisional ballot. One is to ensure that voter fraud does not occur. Provisional ballots are counted after Election Day ballots are counted to verify that voters did not vote twice.
Also, if a voter’s identity is questioned while voting, they may be asked to submit a provisional ballot and are then given until a certain date to verify their identification with the county recorder.
Essentially, poll workers in Maricopa County were suspicious — a lot.
That’s why Hispanics are protesting — they feel their Latino neighbors were singled out in the election process. When they showed up to vote on Election Day, it was those of Mexican descent who say they were asked to fill out the provisional ballots.
With Arpaio a clear opponent of the Latino population in the county, it’s safe to say many of those ballots locked up in the County Recorder’s Office contain votes for Penzone.
According to the Arizona Secretary of State’s office, the county has 10 days to verify and process the provisional ballots. That means voters may not see their votes counted until Friday, Nov. 16. Those who cast their ballots without proper identification have five days to show their ID — Tuesday, Nov. 13 is the deadline.
Meanwhile, Arpaio claiming victory
In a victory speech, Arpaio addressed his willingness to work with the Hispanic population, so long as they stop “screaming” and “threatening” him.
“I would hope to get together with the Latin community, if I could ever have them to talk to me without screaming and threatening me,” he said at a victory rally, according to CNN. “So I hope to get together with the community and try to explain what we do, so that’s going to be one of my missions coming up.”
No mention was given to uncounted ballots.
Republican commentators have also added their fair share of controversy. In an interview with CNN, Alberto Gutier, a Republican analyst, said those baffled by the victory need to come to grips with the results.
“Arpaio won, you have to accept that,” he said. “He said it very clearly that he was going to be the sheriff that enforced laws, and not who makes laws.”
Comments like that could be adding fuel to the fire among Hispanic protesters already angry that a victory has been declared before their ballots have been counted.
Their frustration didn’t begin with the election, though. Arpaio is notorious throughout the nation as a sheriff who takes an extreme stand against illegal immigration. He was a main proponent of Arizona’s controversial SB 1070 legislation, which allows law enforcement officials to question the legal status of anyone they suspect to be in the U.S. illegally.
The Supreme Court was called into action to determine the constitutionality of SB 1070 — and while it held up the “show me your papers” provision, it rejected other portions of the bill hailed by Arpaio, including measures that would have allowed warrantless searches and provisions that would have required immigrants to carry their papers with them at all time.
He has also come under fire from the Justice Department for racially profiling, claiming Latinos were up to nine times more likely to be stopped by law enforcement within the county. Highlighted cases include alleged use of violence against Hispanics by law enforcement officials.
And while Arpaio knows he isn’t winning a popularity contest among Hispanic residents, he holds on to a record of decreased crime. But is that enough to counteract his unpopularity within his county? That’s what headlines say now, but his opponents are waiting until all the votes are counted before giving up.
The issue now is ensuring that those votes are counted. When results roll out on Nov. 16, it could lead to a change in the county — and send a message to, not only Arpaio, but others who favor using constitutionally questionable tactics to combat illegal immigration. If not, Arpaio will continue to reign as America’s toughest sheriff.