Showing posts with label Election Integrity. Show all posts
Showing posts with label Election Integrity. Show all posts

Sunday, November 2, 2014

Santa Cruz County Elections Director Violates State Law by Refusing Libertarian Party Observers at the Polls


Twelve days earlier, Santa Cruz Elections Director and Board Clerk Melinda Meek (left) and
Supervisor John Maynard (right)  beat a hasty retreat as John Brakey (center) attempts to reassure
them that elections transparency is preferred over continued litigation.  Video available here.
J.T. Waldron

With only days away from the November 4th general election, Santa Cruz County Elections Director
Melinda Meek has refused elections observers appointed by the Libertarian party. To justify this exclusion, she provided the Libertarian party chair with a selective interpretation of state law placing the weight of party recognition onto the county itself instead of the Secretary of State. In her letter to Warren Severin, the Chairman of the Arizona Libertarian party, Meek wrote,
The Libertarian Party is not a recognized party in Santa Cruz County.  Only recognized parties through the  local party Chair have the authority to appoint official party observers. Therefore, pursuant to Arizona Revised Statutes and the State of Arizona Elections Procedures Manual, you do not have the authority to appoint an official party observer for the 2014 General Election.
Meek ignores Arizona Revised Statute Section 16-804 (C) which clarifies;
The secretary of state shall determine the political parties qualified for continued representation on the state ballot pursuant to this section by February 1 of the appropriate year. Each county recorder shall furnish to the secretary of state such information as the secretary of state may require no later than October 31 of the preceding year.
Santa Cruz has 130 active Libertarian voters in Santa Cruz, local Libertarian candidates running for the Board of Supervisors, and a Gubernatorial Libertarian Candidate Barry Hess on the statewide ballot. According to the Secretary of State's document "Continued Representation of Political Parties for 2014 Election Cycle", the Libertarian party has received enough votes to qualify for continued representation. That is why Barry Hess is on the ballot.

John Brakey, the founder of Americans United for Democracy, Integrity, and Transparency in Elections, Arizona (AUDITAZ), was requested as an elections observer by the gubernatorial Libertarian candidate. He was one of the Planiffs that recently won the election records lawsuit against Santa Cruz County. This suit revealed that, contrary to Melinda Meek's testimony under oath, programming of the database files appears to have been done by someone who's retrofitted the same database for five other counties in Arizona. The suit also revealed that someone inside of Meek's elections department generated summary reports. Premature peeking into election results is a class 6 felony under A.R.S. Sec. 16-551 (C).

Local Santa Cruz candidate Jack Scholnick has also nominated John Brakey as an election observer, but his request only allows his name to be entered into a lottery for the prospect of observing this election. When serving as an observer, Brakey is a bit more inquisitive than those we have caught snoozing on video in Maricopa county. Soon we'll have to find observers to oversee the lottery that picks the observers.

Meek seems to have adopted a tactic similar to Pima County. Provide the initial appearance of cooperation before last minute maneuvers skirt transparency on the cusp of election day. Citizens' objectives appear to be managed by the careful timing that precludes any legal remedy prior to the elections process.

Wednesday, August 20, 2014

Mickey Duniho Resigns from Pima County's Election Integrity Commission

Mickey Duniho's resignation letter to Pima County Board of Supervisor Ray Carroll, the elected official who appointed Duniho to a seat in the Pima County Election Integrity Commission.

Dear Mr. Carroll,

I have spent many years at your request and that of others researching numbers of ways that elections in Pima County and the state could be made transparently honest. I have invested a great deal of research, much of it with others of the Pima County Election Integrity Commission and also with many others knowledgeable about methods of assuring the validity of elections. Six years ago I was honored by your appointment, having hopes for effective auditing of ballot counting in Pima County, and with the past experience of having witnessed apparently dishonest counts in my community. I now realize that these hopes and efforts have been wasted.

 The Election Integrity Commission in its six years has made a number of clearly sensible recommendations for improving legal and accurate processes for Pima County’s elections. Each of the Commission’s lucid suggestions to the Board of Supervisors or to the Secretary of State has been rejected outright or put off to another day when it was ultimately rejected by one or the other. The most recent recommendation, a very simple trial of an improved auditing procedure, was rejected quickly and blatantly, adding to the belief that the Pima County Board of Supervisors, the Pima County Administrator and Election Director, and the Arizona Secretary of State are engaged in the (successful) effort to block any substantive effort to improve the public auditing of ballot counting.  The only reasonable surmise at this point, considering the concerted and continued effort to prevent election reform, is that a majority of our county and state officials have a sincere stake in continued support of election fraud.

 Coming to the understanding that the Election Integrity Commission has been thwarted in its serious and sane efforts for election integrity in Pima County and the state, and that there currently seems to be no hope for election integrity in Pima County, I tender my resignation from the Commission.

 Sincerely,

 Michael A. Duniho

Duniho discusses the matter in a recent interview on the local radio show "Wake Up Tucson".  Video courtesy of John Brakey.

Thursday, May 15, 2014

Sunnyside Recall Reawakens Struggle for Verifiable Transparent Elections in Pima County

J.T. Waldron

Richard Hernandez
When the growth lobby's powerful political machine is dependent upon the outcome of key elections conrolled by their own elections department, consistently fair and verifiable elections are impossible without legal intervention. Richard Hernandez, the Chairman of Sunnyside's effort to recall two school supervisors, understands this dilemma.
"For months, hundreds of residents in the Sunnyside Unified School District have worked to restore honesty and integrity to the Governing Board. The effort to recall SUSD Board president Louie Gonzales and Board member Bobby Garcia has already been a huge victory for the over 100 members of the recall committee and the students and teachers of the District.
We are exhausted from hurdling the many obstacles thrown in our way by corrupt-powers-that-be, but we will not rest until every ballot is counted in a fair and transparent manner."
A recent meeting at Pima County's Election Integrity Committee (EIC) offered a unique opportunity for Hernandez and recall candidates to catch a first hand glimpse of how the outcome of their campaign is bureaucratically managed by the county. Previous court cases have established legitimate concern over illegal early peeks at election results by the Elections Division. This information becomes a valuable tool for changing the outcome so Hernandez rightfully expressed the desire to have all the ballots in this small election counted on election day.

Once EIC member Mickey Duniho asked Elections Director Brad Nelson about possibly counting all the ballots on election day, Pima County loyalist Benny White had a little temper tantrum. He pounds his hand on the table to 'demand the floor' and proceeds to complain while dubiously citing jurisdictional issues barring the board from simply making an inquiry to Brad Nelson about his schedule. In this watershed moment, the peculiar behavior of Benny White reveals the infiltration of interests that contradict the majority's desire for transparency, especially when he later complains that "there might be an opposing view, there might not be an opposing view. I don't know but the opposing view party is not represented here." In other words, the County Attorney wasn't given the chance to develop some legal contrivance to justify this betrayal of public trust.

Any bureaucratic nuanced interpretation of rules or policy can be generated to hide key election processes from public oversight. If it wasn't such a threat to the democratic process, Pima County's rationale for skirting public scrutiny can be amusing at times. Who would have thought we would hear Brad Nelson, the head of elections in Pima County, try to explain how he's too busy to count ballots on election day?

In Sunnyside's district, two elected officials are the subject of a recall effort resulting from the reappointment of Superintendent Manuel Isquierdo. This appears to be making Pima County Administrator Chuck Huckelberry a little uncomfortable. Citizens within the Sunnyside district have the political will to remove elected officials that continue to support the same corrupt bureaucratic head at Sunnyside. What if these uppity citizens realize that similar efforts should be aimed at PIma County's Board of Supervisors for their continued deferrence to Chuck Huckelberry?

Shortly after the election integrity meeting, Pima County realized that it's not a good idea to suggest that the elections department is too busy for such a small election day count. Pressure from Pima County Supervisor Ally Miller, Richard Hernandez, various recall candidates and election integrity advocates led to Pima County's 'magnanimous gesture' of counting all the ballots on election day.

While this one concesssion alleviates early counting concerns, adequate oversight is denied in key areas where the vote can still be manipulated. One suspicous location is Apollo Middle School, which has been designated as a 'ballot drop-off area'. Acting in conjunction with the political bureaucracy, Ann Rodriguez's office provides a handy excuse for barring election observers.
"The room that will be used is directly adjacent to space used daily by the students and we are required to maintain the secured environment of the educational institution."
Nothing beats the emotional appeal of children's safety when when it comes to eroding civil liberties. Those fighting corruption through the recall effort find the Apollo location suspect because Louie Gonzales, the Sunnyside Board President being recalled, has a son whose office is located inside Apollo Middle School.

Last Tuesday, Pima County Supervisor Ally Miller was denied her request to hold an emergency meeting over various concerns for the integrity of the Sunnyside election.   The rest of the elected supervisors publicly voted against further actions to protect the integrity of the Sunnyside election. We should question their wisdom as this vote was witnessed by those who succeeded with holding a recall election against their own district's corrupt elected officials.

In this non partisan election, Chuck Huckelberry ironically mandated that only representatives from the two major political parties can observe the tabulation. These two are EIC members Barbara Tellman and Benny White.  Surprised?  Perhaps another watershed moment surrounding the Sunnyside election is the decision to ban EIC member Mickey Duniho as an observer. Transparency advocate John Brakey requested from Brad Nelson that Duniho observe the tabulation process like he has in previous elections. Nelson replies "Absolutely not".  Although the bureaucracy seems to be leaning on the idea that Duniho's political affiliation is Independent, many recognize Duniho's exclusion as a retaliatory and vindictive decision against one committee member known for asking the right questions.

Like forever following an unhousebroken dog through an unfamiliar home, election integrity advocates have trailed the Pima Elections Division through every conceivable contrivance and opportunity to manipulate the count. This type of relentless oversight requires an abundance of tenacity and vigilance that few can afford to sustain for any significant length of time. Pima Elections can only be tamed through Attorney Bill Risner's legal pursuit of prospective relief through the courts. To get an idea of what this dog has left behind over the years, check out Bill Risner's Statement of Facts, which informs the court what integrity proponents intend to prove. Once evidence is presented through the discovery process, the court can proceed to clean house.

Friday, May 16 marks the eight-year aniversary of the RTA debacle. Despite Pima County spending milllions of dollars to prevent an adequate examination of those RTA ballots, we still have the opportunity to begin the process of disentangling corporate influence over key elections. Those RTA ballots are still at Iron Mountain and people are beginning to ask, "How many more temper tantrums can Benny White throw?"

Wednesday, November 21, 2012

Arizona Election Fraud: Supervisors Accept County Shenanigans, Reject a Proper Audit


J.T. Waldron

The Pima County Board of Supervisors refused to conduct a proper hand-count audit of the 2012 general election ballots. This decision was made despite seasoned statisticians and computer experts in its own Election Integrity Commission indicating that the county's elections are not verifiable in their current state.

The primary reason? Timing. Pima County's use of this rationale is ironic because it appears that the county was in complete control its timing. As EIC member Mickey Duniho states in reference to Pima County Administrator Chuck Huckelberry:

"Mr. Huckelberry unilaterally postponed the recommendation without consulting or informing the Election Integrity Commission. This violated the Commission’s right to advise the Board of Supervisors without interference, and it also violated basic rules of courtesy."

This postponement plays a role in solidifying the board's argument that 'it's too late'.

Huckelberry's recent memo, which is rife with distortions and errors, states that it's impossible to do a hand count audit. Such hyperbole was thoroughly eviscerated by Mickey Duniho's point by point response to the erroneous memo. Duniho provided his rebuttal in writing to each member of the board of supervisors.

"Your elections are being run by a sociopath," said EIC member Jim March. Elections Director Brad Nelson was held under a burning magnifying glass in the most recent Board of Supervisors meeting as March leveled a series of new charges against Nelson. First, March states that Nelson had his county-issued credit card yanked for fraud, yet he still keeps his job.

Other charges had to do with Nelson's management style with his employers. According to March, employees are willing to recall how they were retained because it was easy for Nelson to "make them cry" and "that's something he needed to do on occasion". Finally, March accused Nelson of breaking the law as he states that Nelson would ask temporary staff and poll workers to switch their party allegiance so that he can continue to retain these employees for future tasks.

Jim March's history of careful, meticulous analysis  before calling any one person's reputation into question adds significant weight to these charges.  We can only hope that an independent investigation into Brad Nelson's activities will take place. 

The only Supervisor concerned about having verifiable elections for this elections cycle was Ray Carroll, a Republican who has consistently moved to transcend party affiliation and improve transparency.

Arizona solidifies its national reputation as the 'meth lab of democracy' because those who can intervene refuse to make direct, immediate, substantive changes to the elections process.



Saturday, November 3, 2012

Former Rep. Ted Downing Recalls Efforts to Exclude Audit of County Races






Pima County has not only fought over the plain meaning of various election and public records laws, it has actively intervened in drafting of election laws.

Specifically, in 2006, former Representative Ted Downing and former Senator Karen Johnson authored SB 1557 in the State legislature to mandate random auditing and hand counting of ballots. Pima County Election Director Brad Nelson told Downing that including county races in the bill would be a "deal breaker". Nelson said that he and the Maricopa County Election Director would oppose the entire bill if the County elections were covered by the mandatory hand count. Because of that threat, SB 1557 was passed into what became A.R.S. §16-602 and County races were not included.

www.facebook.com/teddowning
www.facebook.com/votedowning
http://www.teddowning.com/

Elections Specialist Jim March Testifies About Black Box Vulnerabilities and Election Fraud





Jim March's testimony covers a variety of ways to hack into an electronic elections system. In yesterday's hearing, March also had the opportunity to describe the various indications of fraud that he had discovered in the electronic records from the 2006 two billion dollar bond measure (RTA Election).

Pima County Attorney Daniel Jurkowitz somehow thought is was a good idea to bring up Attorney General Terry Goddard's investigation during his cross examination. This backfires as March responds by reminding the court that Goddard's recount was missing four precincts.

This testimony is key in finally referring to the statistical improbability of having a third of the 368 precincts experience memory card re-uploads followed by the discovery of the corresponding missing poll tapes. After all, experts with DNA analysis provide a statistical probability of there being a match to a suspected murderer. Why does the statistical match not apply here? There is no will to prosecute, of course.

Retired NSA Analyst Mickey Duniho Testifies in Arizona Election Integrity Trial






Mickey Duniho testified in yesterday's election integrity hearing held in Tucson, Arizona.  Duniho is one of thirteen plaintiffs suing Pima County to get them to comply with existing election laws.   He provides an excellent summary of the problems verifying elections counted on electronic voting machines.

Pima County is notorious for fighting measures for election integrity and  have spent millions of taxpayer's dollars to prevent disclosure of public election records. 

The aim of the lawsuit against Pima County is to get the court to:

1. Issue an injunction requiring the Defendants to instruct poll workers to include, in every Official Return Envelope, a copy of the signed “tally lists” or results tape as required by A.R.S. §16-615.

2. Issue an injunction mandating that the Defendants separate the vote by mail ballots by precinct.

3.  Issue and injunction ordering Pima County to conduct sufficient randomly selected hand count audits of the vote by mail ballots, according to the procedure outlined in A.R.S. 16-602.  County races must be included in the audit.

This suit also requests the recovery of legal fees incurred.

A ruling on this case is expected today.

Friday, October 26, 2012

Arizona Citizens' Election Integrity Lawsuit Explained by Attorney Brad Roach and Republican Candidate Bill Beard


From left to right:  Attorney Brad Roach,  John Brakey,
Bill Beard, Chris DeSimone 
KVOA Wakeup Tucson at 7:00 AM Mountain Time on 1030 AM radio

Stay tuned for the final clip containing Pima County shill Benny White refusing to
participate in the Elections Integrity Board's emergency meeting scheduled to discuss former NSA employee Mickey Duniho's analysis of past elections. White mistakenly assumed that the meeting was going to discuss the pending lawsuit requiring Pima County to follow existing election laws. One can assume he is also mistaken in thinking he can be a co-defendant in that case because he ultimately would be acting against significant members within Pima County's Republican Party who are plaintiffs in the lawsuit.

Editor's Note:  I was wrong with that assumption.  Benny White did testify last Thursday and stated that it was not his desire to separate ballots by precincts, despite it's value as an auditing function.  We'll have a post of it shortly.




NSA Analyst Mickey Duniho's presentation to the Pima County's Election Integrity Board will be posted later this evening.

Pima commission to discuss chance of election fraud in larger precincts


Arizona Daily Star
Carli Brosseau

The Pima County Election Integrity Commission is holding a special meeting today to talk about whether one member's statistical analysis of votes in recent elections shows evidence of fraud.

Under the group's bylaws, an emergency meeting can be held if at least five of the nine members call for one.

Michael "Mickey" Duniho
His presentation to the Election Integrity Board
will be posted on The Intercept today.
Mickey Duniho, a retired National Security Agency computer programmer, requested the meeting two days ago after he began plotting cumulative votes by precinct and noticing that outcomes seemed to differ by precinct size.

He was replicating earlier studies done by California researchers Francois Choquette and James Johnson, an aerospace engineer and a financial analyst. The researchers argue that their analysis of the recent Republican primary shows Mitt Romney making strange vote gains in most states' large precincts.

Duniho - formerly a Republican election observer in Maryland, a supporter of Democrat-backed lawsuits against Pima County's Elections Department and now a registered independent - said that his results seem to parallel those of Choquette and Johnson, who tried to account for their findings using demographics.

He is now collecting demographic data by precinct to try to explain his results with other factors, such as whether a precinct is rural or the affluence of the precinct's residents.

Duniho suspects that the patterns he found show a 10 percent flip of votes in favor of the Republican candidate in the 2010 race between Raúl Grijalva and Ruth McClung and the race between Gabrielle Giffords and Jesse Kelly the same year, as well as votes switched to benefit Romney in the Republican primary.

"The problem is figuring out what the statistical evidence does mean," Duniho said. "The computer is a black box. It is very easy for the guy who wrote the program to do just about anything."

At today's meeting, Duniho hopes to persuade the county Elections Department to sort early ballots by precinct before doing the hand-count audit required by law.

He has been advocating for that sorting, as well as for upping the percentage of ballots hand-counted, for about six years, arguing that his method boosts the chances of revealing fraud if it were to occur.

By law, Arizona counties must do a hand-count audit of 1 percent of early ballots and 2 percent of precincts in at least one federal and one state race. Pima County already audits more than required - 4 percent of precinct-cast ballots and 1 percent of early ballots. No local races are audited.

Some of the commission's members have argued strongly against holding the meeting and worry that it could unnecesarily increase fears about the vote count.

Benny White providing false testimony
to the Pima County Board of Supervisors.
about John Brakey's arrest while monitoring
elections in the Fall of 2008.
Benny White, a Republican election observer, responded to news of the meeting request with a sharply worded email.

"After reviewing the academic research involved with the links in the message, I conclude that the allegations being made are absolute nonsense," he wrote. "These academics don't take into account the fact that election results are the response by voters to campaigns and candidates. …

"I think there is a greater probability that fluctuations in the electrical voltage of the lines serving the election department have more to do with variations in election results than these alleged anomalies."

The county's technical consultant on election matters, John Moffatt, agrees that the data do not seem to show a vote flip in Pima County, but he does think the California researchers may be on to something with their findings in some other states.

Pima County employee John Moffatt speaks of
"witch hunts" in the past, but is responsible
for the incoherent rationale that required a suit
to obtain electronic public records. 
"It's worth paying attention to, and we took it seriously," he said. "My personal opinion is that it's another witch hunt, but our responsibility is to check this stuff out, not just blow it off."

He adamantly rejects allegations that county elections staff somehow tampered with any results.

The county's elections director, Brad Nelson, will not be at the meeting to approve a change of audit procedures because of family issues, but county workers involved in those processes caution that while it's theoretically possible to make Duniho's suggested change, it would be logistically difficult.

"That's a monumental task," Pima County Recorder F. Ann Rodriguez said. "It's kind of late to be changing the procedures in the middle of a major election."

The sorting machine needed to do the job efficiently would cost at least $125,000, said Chris Roads, deputy recorder and registrar of voters.

To do the sorting by hand would likely take two days, Moffatt said.

The window to challenge a vote count after an election in Arizona is five days after the canvass.

Friday, October 19, 2012

Arizona Election Fraud: East Side Republicans Club host Democrat Bill Risner on election integrity


Arizona Daily Independent

Republican Lori Oien, head of the East Side Republican Club, invited democrat attorney Bill Risner to discuss election integrity in Pima County. The Election Division, under Brad nelson, has come under scrutiny since the RTA Bond election in 2006.

Oien, a former candidate for Tucson City Council, introduced Risner, Republican Election official Benny White, Democrat Election official Mickey Donohue, and a documentary film crew that has been following her and documenting her life for the past 11 months. She told the multi-partisan group, that she had heard Bill Risner on the radio and because election integrity is “not a Democrat or Republican issue, but a fairness issue,” she invited Risner to address the packed house.

Risner, White, and Donahue presented pending lawsuits, current practices, and continuing concerns. Risner explained that “the problem for people who care about democracy and whether your vote actually counts is that we using computers, and they are computers that are privatized and suing their software, and computers do what they are told.” It is exactly what the Pima County computers were told which is at the heart of the continuing legal battle between Risner and the Pima County government.

Pima County officials exempted County races from hand count audits, and have denied access to the ballots cast in the 2006 election, as well as refusing to use optical scanners in the County’s possession to account for all ballots cast in election subsequent to 2006.

Aside from the concerns about the computers’ accuracy and security is the manner in which early ballots are handled by the County. Currently, early ballots are tabulated over a week before General Election Day, which has triggered speculation in past races that the results were known to political operatives who used that information for unfair political advantage.

White, who is a staunch defender of Pima County’s system, conceded that in the past there was fraud, but he said that there is none now.

“It’s our contention base on facts and past history that by the morning of the 30th of October with approximately 25,000 plus vote counted they will know who’s winning and losing and if they need to HACK or STUFF any county races, they will have 7 days to do it, said John Brakey of Americans United for Democracy Intergrity and Transperency in election Arizona, (AUDIT-AZ).



Tuesday, October 9, 2012

Tom and Terry: Sunday’s comic bonus


Arizona Daily Independent


Tom Horne was found this past week to have violated campaign finance laws.
The public outcry is nearly non-existant.

Both Attorney General Tom Horne and former Attorney General Terry Goddard failed to provide shed light on the RTA election.

Thr public outcry has been nearly nonexistant.

Crickets……

Friday, September 28, 2012

Brief history of Pima County’s election reform struggle



Bill Risner

Bill Risner
This timeline is designed to give people new to the issue an understanding of why we think there’s problems, what we’ve done about it so far and why we need to keep going after eight years of hard effort. A few items refer to happenings outside of Pima County but directly related to the issues here.

I’ve attempted to set out a time line and story from my viewpoint. Several persons have been key to a joint effort to achieve an honest count of votes. The effort has been long, costly and difficult. It was initially centered in the Pima County (Tucson) Democratic Party. Eventually heavy pressure from major contributors and the party’s candidate for governor caused the Democratic Party to drop out of the struggle.

November 1996. At this election part of the ballots in Pima County were counted on optical scanners using GEMS software and another part of the county used punch cards. The data from the different systems needed to be “merged” so the company sent an expert to Tucson to teach the county computer operator how to use Microsoft Access to accomplish that task outside the constraints of the software. Thus, the county learned that data could be manipulated outside the software constraints and re-inserted without leaving any fingerprints. All the “fingerprints” could be simply erased before re-insertion.

This “off-line” work could be done on any computer that used Microsoft Access, a common program. Testimony established that Pima County’s election computer operator regularly took home with him copies of election data where such data manipulation could easily be accomplished.

First Phase: Study, Reform and Cooperation

November 2000. The Florida ballot counting highlighted the necessity of looking for cheating. Bill Risner had obtained a complete recount of punch card ballots in a City of Tucson election 1990 and offered his experience and help to Gore’s lawyers in Florida. The offer was among many and was not accepted.

Bill Risner, a Tucson personal injury lawyer, had handled various election cases on and off throughout the previous thirty years. He had twice been hired by the county government as a special election lawyer. He was functionally the county Democratic Party lawyer in election law matters.

Bill asked to be appointed as the Democratic Party’s observer at the next election. He knew the party historically had not looked for cheating and wanted to observe the entire ballot handling process to see where one could cheat. Everything looked good at the 2002 election up until the actual tabulation where all that could be seen was a couple of blinking lights in a black box containing a computer. Bill knew nothing about election software or computers.

2003: Pima County Democratic Party chair Paul Eckerstrom at the request of a concerned Democrat created an election integrity committee and appointed Bill Risner and Tom Ryan to the committee.

Dr. Tom Ryan, Ph.D., was at or near retirement from a career as a computer specialist. He knew computers and was interested in the role they played in the election process. Tom lead the investigation of the computer system and wrote a report on the vulnerabilities of our computerized system. The County Democratic Party adopted his report as its policy.

2004: Tom Ryan identified the “early ballot” processing as a critical point because it constituted one-half of the ballots and had no auditing of accuracy at any point.

October 2004: Tom Ryan and Bill Risner, on behalf of the Democratic Party, met with Pima County’s Election Director Brad Nelson to ask for changes in the early ballot vote counting so as to have auditable results. Nelson later reported that the software “doesn’t permit it.”

November 2004: John Brakey worked at Precinct 324 as a poll observer. John suspected cheating among a couple of poll workers and conducted a personal investigation that proved it. After official disinterest in his proof, he started a group called AuditAZ. He has remained a driving force in pushing for fair and honest elections.

November 2005: Bill Risner and Tom Ryan obtained the City of Tucson’s agreement to audit its early ballot counting at the city election. The same auditing that Brad Nelson said couldn’t be done. The city and county use the same software.

May 16, 2006: A Special Election was held in Pima County to approve a one-half cent sales tax to generate $2 billion to pay for a 20 year road plan favored by “growth lobby” business interests and the county board of supervisors. The same sales tax had been defeated in four prior elections. The four prior losses were by a 60% – 40% margin. This victory was reported as a 60% – 40% approval. None of the election activists claimed the election was fraudulent.

But, they did object to the lack of monitoring and the questionable use of a Microsoft Access manual by the election operator during counting, as it violated election procedures. Local Democratic activists consulted by telephone with Jim March of Black Box Voting during the count that evening. Pima County refused to permit any political party to monitor that bond election.

Later, the county party brought Jim March from California to Tucson for expert consulting. He eventually joined the local election activist team. Jim is a Libertarian and a board member of Black Box Voting. He is applying his computer skills full time to election computer issues and was an invaluable addition to the citizen team. Jim consults with election activists nationwide.

Summer 2006: The Democratic Party election team was joined by Michael Duniho (“Mickey”), a retired National Security Agency (NSA) master programmer who had been a Republican Party election monitor for many years in Maryland before retiring to Tucson. Mickey became the local Democratic Party point person in recommending and achieving many procedural and equipment security changes for the fall general election.

November 2006: At this point the Democratic Party “team” included four people with extensive computer election expertise: Tom Ryan, Michael Duniho, Jim March and John Brakey and one lawyer with election law expertise. After the general election they used Arizona’s public record laws to request computer audit logs from the election. The county provided the audit logs that revealed that the county illegally printed summaries showing actual vote counts of “early ballots” more than a week before election day.

A public record request was made for the entire county electronic database of past elections. The county refused to provide that database. The citizen computer experts knew there was not a valid reason for the refusal and the county gave none.

Second Phase – Lawsuits and Discovery that a major election had been rigged.

January 2007: The Pima County bi-annual organizing convention of the Pima County Democratic Party unanimously passed a resolution requesting the Democratic dominated county board of supervisors to turn over the database and not force their own political party to sue them.

The board of supervisors still refused.

Bill Risner, hoping to avoid a more complicated lawsuit over the database, sued the county board on behalf of the Democratic Party to obtain the illegally printed vote summaries made before election day and videotaped discovery depositions of the county election director and computer operator.

April 17, 2007: The “summary report” lawsuit depositions revealed further illegalities and a lawsuit was then filed by the Democratic Party against the county board seeking the entire electronic database.

The County furiously defended that lawsuit. Its lawyers initially sought a “stay” in the lawsuit discovery because they claimed no one in the election department could testify because they all might assert their Fifth Amendment Right to avoid self-incrimination.

This “Database” lawsuit was defended by the County using all their resources. I estimate that the county spent more than $1 million in defending that public record request.

That lawsuit represented a new phase in the struggle, because it was abundantly clear that the County was hiding something very big and it could only be that it had fraudulently rigged the May 16, 2006 RTA election. The depositions and other discovery solidified our conclusion.

During the pendency of that case, the initial lawsuit was concluded when the county agreed to open the ballot boxes from the November 2006 general election where they claimed all the “summary reports” could be located. The subsequent examination confirmed the illegal printing as alleged by the Democratic Party.

At the four-day Superior Court trial in the database case, the county’s defense was that the Democratic Party could print fake results in the future if they learned the font and page layout used by the GEMS software and thus could create “chaos and mayhem” by “spoofing” the actual results. That absurd claim and thus lack of any defense re-confirmed that the county would fight to the last taxpayer dollar to prevent discovery of its election secrets.

January 27, 2008: Tucson Resident Zbigniew Osmolski went with friends to the Boondock’s Lounge where he had a candid conversation with Bryan Crane, who confessed that he “fixed” the RTA election on the instruction of his bosses and he did what he was told to do. Crane expressed his concern about being indicted and said he’d like to talk but couldn’t trust anyone. Affidavit of Zbigniew Osmolski: http://electiondefensealliance.org/files/Osmolski_Affidavit.pdf

May 23, 2008: The court ordered the County to turn over its database and to pay $234,347.20 to the Democratic Party’s lawyer as fees and costs.

An additional $19,161.05 in fees and costs was ordered to be paid by the county for the “summary report” case.

July 24, 2008 – Meanwhile, the ballots from the RTA election were in storage under the control of the Pima County Treasurer. The ballots are the definitive evidence of the fraudulent RTA election. The County wanted to destroy the ballots. A lawsuit was filed by the Pima County Treasurer for “guidance” by the court as to whether she was required to destroy the ballots.

The Libertarian Party and the Democratic Party filed a counterclaim alleging that substantial evidence existed to show that the RTA election was fraudulent and, therefore, the court should take control of the ballots and have them examined. That evidence included a confession by the county computer operator that he had rigged the election at the instruction of his bosses.

December 23, 2008: The optical scanners used at precincts print a “results tape showing the votes cast at each precinct at the closing of the polls on election day. Those scanners can be programmed by a machine called a “cropscanner” to print fake results. Pima County purchased such a machine two weeks after being alerted by a Black Box Voting Organization national alert on July 4, 2005. Invoice for the cropscanner Pima County Elections: 


Strong evidence was uncovered that Pima County may have used its newly purchased hack tool to rig the RTA results. The Democratic Party filed a third lawsuit – a public record lawsuit requesting to examine the poll tapes because the tapes might have clues showing they had been fraudulently programmed. After lengthy litigation, the tapes were produced and some 44% of the poll tapes were found to be “missing” or didn’t match the final database.

January 27, 2009: Superior Court Judge Charles Harrington ruled that the Arizona Courts lacked subject matter jurisdiction to consider evidence of a fraudulent election for the purpose of an injunction to prevent cheating in the future. He dismissed the case without requiring the County to answer the allegations because he found the Democratic and the Libertarian parties did not state a claim.

November 17, 2009: The Libertarian Party filed an appeal to the Arizona Court of Appeals of that ruling. The Democratic Party was pressured by Democratic elected officials and contributors to not appeal as the case could embarrass its candidates. The Libertarian Party asked Bill Risner to join its lawyer in continuing the case the Democratic Party now wanted killed.

October 28, 2010: In a Memorandum Decision, the Arizona Court of Appeals reversed Judge Harrington and ruled that the Libertarian Party had stated a claim and that they could pursue their claim that the RTA was fraudulent and obtain injunctive relief.

November 12, 2010: Pima County requested the appellate court to reconsider its ruling, claiming the Libertarian Party had alleged nothing more than “a discrete incident of past wrongdoing.” Its request was denied.

November 29, 2010: Pima County petitioned the Arizona Supreme Court for review. Review was denied. The case was sent back to Pima County.

May 4, 2012: The County Board of Supervisors requested that the case again be dismissed because they claimed they had not cheated in any subsequent election after the $2 billion road plan and tax increase and that the Libertarian Party had not specifically alleged they had a “good faith belief” that they would cheat again. Pima County Superior Court Judge Kyle Bryson dismissed the Libertarian case a second time, claiming that the most the court could do would be to issue an order that Pima County just “obey the law” and that it could not consider actual procedural changes. Therefore, he ruled that the Libertarian Party had not stated a claim that any court could consider.

July 11, 2012: The Libertarian Party requested Judge Bryson to reconsider his ruling.

August 13, 2012: Judge Bryson confirmed his ruling.

September 10, 2012: Libertarian Party filed its notice of appeal to the Arizona Court of Appeals. The local election activists fully understand that the stolen election in 2006 will not be reversed. That is not the issue. Their goal is to prevent cheating in the future. There are many steps the court could order to prevent cheating. Court intervention is needed because the county administration will not agree to changes that would prevent them from cheating. However, the county court won’t permit evidence to be presented.

We recognize that the same system used here is used in thousands of jurisdictions across the nation. Our goal is to help protect democracy at our home and hope that it helps others in our state and country.

Tuesday, August 14, 2012

RTA election fraud suit under advisement

Arizona Daily Independent
Lori Hunnicutt

Pima County Superior Court Judge Kyle Bryson has taken under advisement the matter of whether Pima County’s alleged voter fraud in the Regional Transportation Authority (RTA) election on May 16, 2006 will be heard in Court. The Arizona Court of Appeals overturned a previous decision by Judge Harrington that his court did not have jurisdiction and remanded the case. Judge Bryson was assigned the case late last year.

A packed courtroom listened as attorney Bill Risner respectfully told the Judge Bryson that the previous judge had made a mistake, and “now is your chance to fix it.” The judge will most likely decide whether to fix the mistake or not within the next 30 days. Plaintiffs do not expect a ruling before the current Primary Election is over.

At the time of the RTA bond election, questions arose regarding the election results almost immediately. They persist in this lawsuit in Arizona Superior Court.

County races, including large bond elections are currently exempted from a hand count of the votes, which increases the concern about election fraud.

The stated goal of a lawsuit filed in Arizona Superior Court by Tucson attorney Bill Risner on behalf of the Libertarian Party is “to protect the “purity of elections” in the future, starting with the 2012 elections. According to attorney Bill Risner, the lawsuit is based on two facts; “At the present time it is easy to cheat using our election computers and impossible to challenge a rigged election.”

The lawsuit alleges that “Pima County, through the direction and control of its county administrator C.H. “Chuck” Huckleberry, has systematically subverted critical controls required to protect the purity of elections. The elimination of those controls has permitted county management to take advantage of the ability to cheat presented by defects in our computerized election system.”

The central allegation in the suit is that “county management fraudulently rigged the Regional Transportation Authority election.”

The Pima County Democratic Party had previously taken on the issue. It was through the Discovery process in that effort, that the current suit bases its allegations. In papers filed with the court, lawyers claim that from “three other lawsuits involving the Pima County Democratic Party and Pima County,” a path was provided “for future discovery that must be followed in this lawsuit.”

The Libertarian Party argues that “The ease of cheating when matched with the impossibility of challenging any specific election requires court intervention in order to protect the purity of elections and ensure that we will have free elections.” They cite three Arizona Constitution sections as the basis of their claim, including Arizona Constitution Art. 2 § 21, which requires all elections to be “free and equal.”

Plaintiffs say that the most important legal and factual building block of this lawsuit is the agreed upon fact that it is very easy to cheat with our election computer software. In the suit, it is alleged that “the ease of cheating may be counterintuitive, especially among those least familiar with computers, but it is a fact. The ease of cheating may be a surprise even to those who are familiar with computers but whose familiarity was derived from securely developed programs. Our election computer system has quite simply been built to cheat and, at least for that goal, it has succeeded.”

Both conservative and liberal activists hold that the goal of the lawsuit is to make elections a transparent process by removing Pima County’s ability to cheat undetected. They have fought for over six years of litigation for the courts to decide they indeed have jurisdiction to ensure clean elections.

Monday, March 5, 2012

Arizona Election Fraud: Attorney Bill Risner's Argument Reaffirms the Need for Election Integrity

In Tucson, Arizona, today's hearing had two remarkable features.  First, the lack of substance  behind Pima County's motion to dismiss and, second, Bill Risner's argument reaffirming the purpose and significance this court case has for future elections.   Here's is Bill Risner's argument on behalf of the trial itself:



The whole point of the appeal won by the Libertarian party was that courts do have jurisdiction to issue orders to ensure fair, transparent elections when the legislative branch and the executive branch fail to do so. In an obvious stall tactic, Pima County decided to make the same arguments that were lost in the appellate court decision.

"You don't have subject matter jurisdiction for that" argued Pima County's private attorney Ronna Fickbohm in reference to ballot scans, a remedy proposed by the Libertarian party. Currently practiced in Humbolt County, California, ballot scanning is the measure making optical scans of the ballots available for public perusal.  Fickbohm continued to argue against the appellate court decision by insisting that proposed remedies can only be handled by the legislature.  The Libertarian party already established the failure of the legislative branch to offer a timely remedy and won the appeal based on that argument.

Additional points made by Pima County seemed to involve technicalities where none really existed.  Ronna Fickbohm  makes the argument that the plaintiff doesn't "say there's an ongoing problem of election fraud in the future." The judge may not appreciate this argument given the fact that removing Pima County's ability to cheat was the basic, implicit underpinning of the case for prospective relief.

Finally, Pima County attempted to rewrite recent history by suggesting that previous statements recorded in their last records trial are taken out of context and never meant to indicate that their software system was a security issue.

Here is Pima County Attorney Chris Straub (replaced by the pricier private counsel, Ronna Fickbohm) clearly making the argument on behalf of the plaintiff. You can decide whether it's taken out of context:



Here is today's entire hearing:



Video shot and edited by John Brakey

Friday, March 2, 2012

Arizona Election Fraud: Access Tucson Breaks Media Blackout



Dear Citizens Against Rigged Elections:

PLEASE, be in court with us, we need a big presence to show that this is a critical case and “we the people” are paying attention and we expect the judge to do the same.

Monday March 5th- 11:00 AM
Judge Kyle Bryson’s Courtroom, Fifth Floor,
Pima Superior Court: 110 W. Congress, Tucson, AZ

For those who can’t make it, we will be video recording and will upload to our AUDITAZ’s YouTube channel. http://www.youtube.com/user/AUDITAZ/featured

Last Friday we did Stewart Thomas TV show (above) called World Harmony: Can It Happen? (a program that tries to bring more peace and human harmony into our world)


Tonight's Topic - ELECTION INTEGRITY: AN UPDATE WITH NATIONAL IMPLICATIONS!

Our guests:

- Bill Risner, Attorney

- Jim March, Board Member of Black Box Voting

- John Brakey, Election Integrity Activist with AUDIT AZ stands for “American United for Democracy Integrity and Transparency in elections Arizona


PROTECTING THE PURITY OF ELECTIONS
THE INITIAL DISCLOSURE STATEMENT FILED BY PLAINTIFF ATTORNEY BILL RISNER ON 1/12/12 IS A GREAT COMPREHENSIVE STATEMENT OF FACTS: http://tinyurl.com/LPFiling

Wednesday, February 1, 2012

Arizona Election Fraud: Pima County Continues to Delay Forensic Exam of RTA Ballots

Editor's Note:  This crucial court case is currently experiencing a media blackout among local Tucson press.  This includes the Arizona Daily Star and the Tucson Weekly.  This case is a textbook example of a battle waged by the growth lobby against the will of the population.   The reason why the county is using such extreme measures to stop this trial is that the plaintiff, the Libertarian Party, may conduct discovery which includes a forensic exam of the RTA ballots to demonstrate to the courts that the 2006 RTA election calling for a two billion dollar twenty-year sales tax hike was rigged.   This is the prerequisite for the courts to grant prospective relief for rigged elections.

If they felt they would be exonerated, Pima County would welcome the scrutiny.  Instead, it appears that Pima County Administrator Chuck Huckelberry is pushing his attorneys to use all conceivable tactics to delay and obstruct the procedure, which would ultimately benefit the nation as a precedent-setting court case aimed at improving election integrity.

AUDITAZ
John Brakey


Video of Court Hearing:   http://youtu.be/yGALqZGvaRs

THE INITIAL DISCLOSURE STATEMENT FILED BY PLAINTIFF ON 1/12/12 IS A GREAT COMPREHENSIVE STATEMENT OF FACTS: http://tinyurl.com/LPFiling

PROTECTING THE PURITY OF ELECTIONS
 
IN THE SUPERIOR COURT OF
THE STATE OF ARIZONA IN AND FOR
THE COUNTY OF PIMA
CASE NO. C20085016
HEARING ON JAN 30, 2012  2:30 PM
COURT ROOM OF THE HON. KYLE BRYSON
RAW FOOTAGE RUNS 37 MIN

Defendant Pima County's Attorney Ronna Fickbohm, files and gets "emergency hearing" based on false certification to request the court to stop deposition of Pima Co’s Election Director Brad Nelson. UPDATE: DEPOSITIONS GET GREEN LIGHT FROM JUDGE TO GO FORWARD. 

Plaintiff's attorneys, Bill Risner and Ralph E. Ellinwood file Motion to Strike and Sanction Pima County for misleading the Court, filed:1.27.12:   http://tinyurl.com/7krbr4c  

Plaintiff also filed a motion in response to Defendant Motion for Protective Order filed 1.30.12:  http://tinyurl.com/83qk3mq

Pima County is doing everything possible to stop this case from going forward including filing motion based on deception.  http://tinyurl.com/7krbr4c  

The case is as fundamental as it gets. What we're seeking "prospective relief" so they cannot cheat in the future. ANDREA WITTE "THE CONNECT THE DOTS LADY" has connected the dots into a 10-Point Quick Summary of The Fact pattern in this gripping saga of power and deceit. And we propose a remedy that is easy, inexpensive and doable. Link to Flyer: http://tinyurl.com/7amy6ff

Since our saga began over five years ago, more and more people across America are becoming aware of the serious security flaws in computerized voting systems. They are systems designed to cheat, and they are everywhere. As the political scene heats up with the Presidential election, all eyes will be on Tucson as ground zero for exposing these flaws in open court and proposing reasonable checks and balances in the system. We must protect the purity of elections and public confidence in election results — a cornerstone of our democracy. That's what this case is ultimately about.  http://fatallyflawedelections.blogspot.com/ 

BACKGROUND: AUDIT-AZ, the Pima County Libertarian Party and other interested citizens of multiple parties for years have been investigating election processes in Pima County. In previous actions, the Democratic Party took the lead in winning public records lawsuits and revealing the extent of the problems, including poor security practices on "designed to cheat" systems, election results that consistently did not add up, missing or falsified paper, and election officials and staff who continuously flout the law.


AUDIT-AZ will be running the pool camera and if you can't make it to court you can watch the proceeding on our AUDITAZ's Channel on YouTube the next day: http://www.youtube.com/user/AUDITAZ/featured

Sunday, January 29, 2012

Arizona Election Fraud: Pima County Loses Bid to Stop Ballot Custody Depositions

J.T. Waldron

Citizen's Agains Rigged Elections
Left to Right:  John Kromko, Gayle Hart, Dick Kaiser, Gigi Nitka, Ralph Ellinwood Esq,
two dudes. Sherry Mann, John R Brakey, Mary DeCamp,  Arlene Leaf, Ben Love,
Bill Risner Esq., New member, "the connect The Dots Lady"  Andrea Witte,  New member,
Raymond Graap, Jim March, Radio show host Jack Fitzgerald
Photo by Lee Stanley
The Libertarian party may depose employees at the Iron Mountain storage facility in an effort to determine who in Pima County had access to the ballots for the Regional Transportation Authority (RTA) election since 2006.

Previous depositions indicate that Pima County employees were able to access the RTA ballots since they were delivered after the election in 2006. The depositions were part of the hearings that ultimately led to the Libertarian party's successful pursuit of  prospective relief for rigged elections. This court case was first triggered by the Pima County Treasurer's pursuit of a declaratory judgement over the ballots for the 2006 RTA election. 

Originally, Pima County attorneys advised County Treasurer Beth Ford to sue the political parties (those charged with monitoring elections in Arizona) to "get a decision on what to do with the RTA ballots". The original idea was to provide an opportunity for Pima County to destroy the ballots before true auditing or a forensic examination of the ballots could take place. This idea backfired when the Libertarian party made a successful counterclaim for prospective relief from the courts.

A favorable ruling for prospective relief means the courts can intervene when there is a failure of existing laws as well as a failure to enforce existing laws designed to keep elections transparent and accurate.

Fighting Tooth and Nail over Rudimentary Disclosure

Pima County has taken elaborate, evasive measures that exceed what is legally customary when requests are made for public records, discovery, depositions and other seemingly innocuous items that could provide a clearer picture of election security.




RTA Ballot Custody Still a Major Concern

The county's most recent efforts at blocking disclosure involved the request by the Libertarian party to depose employees of Iron Mountain, the storage facility that held the ballots since 2006. 

What reason did the county provide?  Concern over the costs of the depositions.  An ironic position given the exorbitant private attorneys hired by Pima County to litigate the case initiated by their Treasurer's office.  Previously, Pima County attorneys handled the electronic records lawsuit over the RTA's database files.  In addition to cost, Pima County's private attorney Ronna Fichbohm claims that the Libertarian party hasn't shown good cause for the need to find out what happened to the ballots.

Pima County employee John Moffatt, however, was all the cause needed to justify this line of inquiry.  During the RTA records hearing, Moffatt had managed to take possession of a box in the county vault that had a court order specifically instructing that both parties be present when the box is released.  This box contained two hard drives: one intended for the county and the other for the Democratic party.  In violation of the court order, John Moffatt obtained possession of both hard drives before the Democratic party was aware they were available. 

The Democratic party had publicly announced its intention of using software developed to pick up certain anomalies in the electronic database files soon to be released through a court ruling.  Apparently, the county wanted a little 'extra lead time' with both hard drives while they were still in the process of developing their own software aimed at detecting what the Democratic party might detect.

The following clip shows the precise moment when John Moffatt was caught with his hand in the evidence cookie jar.  Notice the free pass provided by AZ Daily Star's obedient reporter, Erica Meltzer:


Unfortunately, it's not just the county that disrupts the chain of custody of crucial evidence.  The very same RTA ballots were removed from Iron Mountain's facility in February of 2009 by Arizona Attorney General Terry Goddard for his criminal investigation of the RTA election.   While his appearance of upholding the law was initially appreciated, Terry Goddard played the unfortunate role of demonstrating why prospective relief is needed through the courts. In addition to the refusal to conduct a proper audit or a forensic investigation of the ballots, the chain of custody seems to be completely unaccounted for during the ballots' 5-6 week hiatus with Goddard's staff. 

 John Brakey, Co-founder of AUDIT-AZ and CARE (Citizens Against Rigged Elections) was on location at Maricopa's Elections Division as the ballots were rolled out in a cart to be counted.

" The boxes were an absolute mess, Boxes were already opened, tape looked like it was removed and reused.  I kept asking myself and others 'How could the Attorney General take evidence without securing it?'"

Around this time, John Brakey gained notoriety for being falsely arrested through the request of Pima Elections Director Brad Nelson.  Brakey discovered mislabeling of ballots earmarked for a hand-count audit and was promptly arrested when he brought the discrepancy to the attention of the Pima Elections Division.  Charges were dismissed once it was made clear in the courts that Brakey did not disrupt the process.

This court case is set to continue this Friday, because Pima County is delaying the hearing to determine if the courts should obtain custody of the ballots during the case.  Those familiar with this case know the answer to that question.  The following initial disclosure statement is a great comprehensive statement of facts: http://tinyurl.com/LPFiling

All are invited to attend this historic hearing.

Friday, January 20th, 2012- 11:00 AM
Judge Kyle Bryson’s Courtroom
Fifth Floor, Pima Superior Court: 110 W. Congress
Tucson, Arizona USA


Election Fraud: Arizona's Ticking Time Bomb Set to Reverberate throughout the Nation

Precedent setting court case could improve election transparency in the United States.

The Libertarian party's pursuit of a remedy against Pima County's criminality and incompetence can have nationwide implications for disenfranchised voters throughout the country.  The Arizona Supreme Court ruled favorably on behalf of the Libertarian party, who argued that the courts must intervene when there is a failure of existing laws as well as a failure to enforce existing laws designed to keep elections transparent and accurate.

Today's press conference marks the beginning of the Libertarian party's request through the courts for changes to Pima County's election procedures, which have been found to be woefully inadequate.

Like most voting districts throughout the country, Pima County uses electronic voting machines now infamous for their numerous security flaws and errant outcomes.  Unique to Pima County is the mounting evidence of election fraud surrounding one specific election that took place in 2006.  This was a taxpayer-funded road construction measure worth two billion dollars.   This Regional Transportation Authority (RTA) initiative contained two "yes/no" questions which was part of a simple ballot design that contained only a total of four "yes/no" questions.  Part of the initial suspicion was fueled by this simple ballot initiative's unusual number of anomalies and malfunctions during the tally process, which was unmatched by any of the other more complex ballots counted in Pima County.

Bill Risner helped set the foundation for
prospective relief in this case.
The means, motive and opportunity for election fraud was clearly established by a previous court case over an electronic records request by the Democratic party.  Pima County refused to release the electronic database files for the 2006 RTA election.  Their resistance cost taxpayers approximately 1.5 million in legal fees in its failed effort to prevent the legal transfer of public records to political parties.  The Democratic Party eventually lost interest in the pursuit of prospective relief for election integrity once it became apparent that Democratic gubernatorial hopeful Terry Goddard was complicit in the criminal investigation of the 2006 RTA election.   Fortunately, the Libertarian party continued with the lawsuit to win the appeal over prospective relief. 

This case eventually demonstrated the failure of existing state laws to enable a timely challenge of election results due to a five day limit.  This problem seemed to be complemented by the failure of law enforcement, which was highlighted by the incompetent criminal investigation conducted by Arizona Attorney General Terry Goddard. 

In short, Terry Goddard refused to conduct an audit by comparing one set of numbers (the ballots) to another set of numbers (the precinct totals or the poll tapes).  Goddard's team refused to conduct a forensic check of the ballots (which are still in existence) despite the suspects' (Pima County's)  access to them throughout the period of litigation.

Today's press conference is marked by the filing of the Libertarian party's initial disclosure statement, which contains the most comprehensive and comprehensible list of facts, legal theories and evidence surrounding the rigged 2006 RTA election.

Additional discovery will take place in this suit to complete the picture of election fraud and to further understand the shortcomings of existing election procedures in Pima County.  Apparently, Pima County is offering stiff legal resistance to the plaintiff's request for a list of people who visited the storage facility for access to the ballots in question during the period of litigation. 

Since HAVA (Help America Vote Act) election fraud is rampant throughout the United States.  The Libertarian party's victory in obtaining prospective relief through the courts means that a court can issue orders that effect the transparency and accuracy of elections.  This case is precedent-setting and may be applicable to other election court cases throughout the country.

J.T. Waldron

Here is the press release info (which has a livestream link):

Press Conferences: The Pima County Election Fraud Case Heads to Back to Court

Just released; will be filed Thursday morning. “Statement of Facts”  Election Fraud Pima County: http://tinyurl.com/76lgzvy

Contacts: John R. Brakey, 520 339 2696 AUDITAZ@cox.net, Bill Risner 520 622 7495, bill@risnerandgraham.com, Jim March, 1.jim.march@gmail.com


When: Thursday January 12th, 2:30 pm
Where: Armory Park Senior Center
220 S. 5th Avenue, 220 S. 5th Avenue, Tucson AZ

Tucson, AZ: Since our saga began over five years ago, more and more people across America are becoming aware of the serious security flaws in computerized voting systems. They are systems designed to cheat, and they are everywhere. As the political scene heats up with the Presidential election, all eyes will be on Tucson as ground zero for exposing these flaws in open court and proposing reasonable checks and balances in the system. We must protect the purity of elections and public confidence in election results — a cornerstone of our democracy. That’s what this case is ultimately about.

BACKGROUND: AUDIT-AZ, the Pima County Libertarian Party and other interested citizens of multiple parties for years have been investigating election processes in Pima County. In previous actions, the Democratic Party took the lead in winning public records lawsuits and revealing the extent of the problems, including poor security practices on "designed to cheat" systems, election results that consistently did not add up, missing or falsified paper, and election officials and staff who continuously flout the law.

The Democratic and Libertarian Parties jointly filed suit years ago to ask a court to order reforms to the process. One local judge decided that his court was unable to do so no matter how obvious the problems might be. After that, the Democratic Party dropped out. The Libertarian Party did not: They appealed and won. Pima County appealed that decision to the AZ Supreme Court and lost. The courts have now ruled that if it can be proven that elections are being handled poorly, a local judge can indeed order Pima County to institute reforms.

IT’S GAME TIME: So after years of effort, we are “game on.” We plan to prove wide-ranging abuses of basic election security in Pima County Arizona and to obtain court-mandated improvements in the election process that could serve as a national model for how to do electronic voting properly and securely.

We have connected the dots into a 10-point quick summary of the fact pattern in this gripping saga of power and deceit. And we propose a remedy that is easy, inexpensive and doable. Let us share that and more with you. We promise a very interesting time.

***30***

·        RTA Fraud Slides for Press Conference 1/12/12 .pdf: http://tinyurl.com/872o8sn

·        Flyer for Press Conference 1/12/12 pdf: http://tinyurl.com/85ddblt

      ·        Just released: “Statement of Facts” http://tinyurl.com/76lgzvy

·        For more info: http://audit-az.blogspot.com or: http://seekingjusticeauditaz.blogspot.com

Occupy Rigged Elections with C.A.R.E

If you can’t make it you can hopefully watch on line: starting at 2:30pm tomorrow you'll be able to watch it online at: Occupy Rigged Elections Tucson:
 http://www.livestream.com/occupyriggedelections
You may have to sit through one short ad first, after that we're on.

Hope, Peace and Occupy with C.A.R.E.  Care stands for Citizens Against Rigged Elections

John R Brakey