Showing posts with label Chuck Huckelberry. Show all posts
Showing posts with label Chuck Huckelberry. Show all posts

Monday, November 19, 2012

Arizona Election Fraud: Pima County Issues Memo with Numerous Factual Errors


Memo King
Chuck Huckelberry
Pima County Administrator Chuck Huckelberry's primary PR activity occurs through the construction of memo's addressed to various department heads within his own purview.  These memos, of course, wind up in the hands of specific local press outlets.  Local  outlets provide nice fluff pieces favoring Pima County in exchange for continued access and future reservations at Pima's own PR staff's trough after ad sales for these less than substantive reports hit the dumpster.

In his latest offering, Huckelberry seems to have outdone himself with the number of distortions, omissions, and factual errors.  This latest memo is part of an exchange with the public as it learns about Pima County's efforts to circumvent its own Election Integrity Commission to obtain a waiver from sorting early ballots by precinct.   The following is retired NSA analyst Mickey Duniho's correction of factual errors in Huckelberry's memo:

(1)  Mr. Huckelberry stated that “one member” of the Pima County Election Integrity Commission “has championed the concept of sorting early ballots by precinct,” implying that only one member of the Commission really cares about such matters. He omitted the fact that the October 26 EIC recommendation was approved by a 7-0 vote of the EIC members.

(2)  In describing 300-400 staff hours to sort early ballots as an impossible task, Mr. Huckelberry omitted the fact that 300-400 hours of work by a dozen people could be accomplished in three days, and that the cost of 300-400 hours of work would be on the order of $2,000-$3,000. Mr. Huckelberry’s estimate of time required to sort the ballots also omitted any reference to F. Ann Rodriguez’s offer to provide lists of precincts represented in the various batches, which would enable workers to extract ballots for a few precincts rather than sort all precincts. After extracting ballots for the chosen precincts from a batch, workers could move on to the next batch of ballots. This could shorten the time and reduce the effort required to select a small number of precincts for hand counting. With Ms. Rodriguez’s assistance, the time required might be only two days, since the three-day estimate is based on sorting all 288 precincts instead of just selecting a few precincts for the audit.

(3)  Mr. Huckelberry’s estimate of $256,137 for hiring Runbeck to sort the ballots is factually incorrect. First, he based his estimate on 261,364 ballots, the total number of early ballots received at the time he wrote his memo; the EIC recommendation only referred to less than 200,000 early ballots received and processed by Election Day. Second, Runbeck’s price of $.98 per ballot is 100 times what it should be; it would make no sense for Pima County to pay Runbeck $200,000 to do a job that can be done in-house for $2,000. For $200,000, Pima County could buy several sorting machines.

(4)  Mr. Huckelberry’s estimate of $300,000-$500,000 to buy a sorting machine is a multiple at least five times too high. I asked Pitney Bowes about an earlier estimate of $125,000 given out by John Moffatt and was told that Pima County could buy a top-of-the-line Pitney Bowes sorting machine for “significantly less” than $125,000. The person I talked with, at Pitney Bowes Sales Headquarters, said the cost would depend on which features were included but that the cost would be on the order of $65,000.

(5)  Mr. Huckelberry’s distinction of sorting ballots in the envelopes versus out of the envelopes is incorrect. The sorter can handle ballots either way with equal ease.

(6)  Mr. Huckelberry disputed my report last week that the EIC members were not informed of the postponement of our proposal on the BOS agenda. He stated that we were notified on Nov 9. In fact, the EIC was informed only after we demanded an explanation of why the agenda published on Nov 8 did not contain the EIC recommendation. 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.

(7)  Mr. Huckelberry’s statement that sorting early ballots is “impossible” is incorrect. The task is not impossible, merely tedious to do by hand. Mr. Huckelberry gave six reasons (the second two were actually the same reason, restated in different words) for avoiding the sorting of early ballots. None of these reasons is actually a valid argument for rejecting the EIC recommendation.

a.     The first reason: The fact that Pima County had already counted 100,000 ballots when the EIC made its recommendation is true but logically irrelevant to the current discussion.

b.    Reasons two and three: The risk of handling ballots in the face of a possible recount is listed as a reason for not sorting ballots but is logically erroneous. At this point, we are reasonably certain there will be no recounts and no legal challenges. In any case, an accusation of mishandling ballots would not be allayed by the County claiming that it did not touch the ballots while in its custody. A charge could easily be made that County election personnel manipulated the ballots while they were “in storage.” Sorting the ballots and performing a hand count audit by precinct is the only way to positively demonstrate that the ballots were counted honestly and that no manipulation of votes took place while the ballots were in Election Department custody.

c.     Reason four: That the audit should take place between the Hand Count Audit and the Canvass is true but logically irrelevant to your decision unless your decision is delayed until the date of your approving the Canvass, which it appears has been Mr. Huckelberry’s strategy all along.

d.    Reason five: The difficulties encountered by counters in the Hand Count Audit are well-known but not logically relevant to this discussion; they are manageable problems.

e.     Reason six: The difficulties of extracting early ballots for a precinct-based audit are real but manageable, and were considered manageable by the Election Integrity Commission before its recommendation was submitted to you.

(8)  In describing the sequence of events leading up to Pima County’s obtaining a waiver from the state requirement to sort early ballots by precinct, Mr. Huckelberry omitted the fact that Brad Nelson neither consulted nor even informed the EIC of the requirement or the waiver. In addition, Mr. Nelson’s arguments in his letter to the state that sorting is impractical are factually erroneous. Mr. Nelson claimed he could do a better hand count audit by not sorting the ballots but, in fact, the early ballot audit as currently performed is worthless in terms of confirming a lack of fraud in vote counting. It is also noteworthy that the Secretary of State’s Elections Director granted the waiver BEFORE Mr. Nelson wrote his justification letter, suggesting an improper sequence of events.

(9)  Mr. Huckelberry cited a successful hand count audit as proof that no further audit is needed, another distortion of fact. He touted the fact that Pima County counts four percent of polling place ballots; he omitted the fact that polling place ballots in this election made up only 27% of all the ballots cast; 70% of voters cast early ballots, and therefore a proper hand count audit of early ballots is needed to confirm the integrity of the overall election. Mr. Huckelberry also omitted the irrelevance of the current early ballot hand count audit to confirming a lack of fraud. [I might point out that the law requires an audit of 1% of all the early ballots issued (1% of 261,545 ballots would be 2,615 ballots) but Pima County only hand counted 1,985 early ballots. Not that it makes any difference, since the current early ballot hand count audit is useless for confirming an election’s honesty.]

(10)             In his concluding recommendation:

a.     Mr. Huckelberry said the election tabulation “is expected to continue for another 4 to 7 days.” In fact, processing of the ballots which your EIC recommended sorting and hand counting was completed by Election Day.

b.    Mr. Huckelberry referred to the physical impossibility of accurately selecting, sorting into precincts and auditing nearly 200,000 early ballots. In fact, the EIC’s recommendation could be satisfied by selecting and auditing approximately 2,000 ballots.

c.     Mr. Huckelberry reiterated the “risk of handling ballots when faced with possible recounts.” In fact, it appears there will be no recounts, and Pima County would be in a better position to defend itself against charges of malfeasance if it adopted a more transparent policy, following the state requirement to sort early ballots and audit by precinct instead of secretly obtaining a waiver from the state requirement.

d.    Mr. Huckelberry claimed the positive outcome of the present hand counts as a reason to not adopt the EIC recommendation, but the EIC took that into account when it made the recommendation. The present early ballot audit is worthless in terms of certifying the election’s integrity.

How does a community allow an institution like Pima County's government to display such arrogance with so many lies to the representatives?

Just to give you an idea of how absurdly simple it is to build a system that is far more verifiable than what we currently have, here is the ballot scanning presentation produced by CBS Miami:



Sunday, November 4, 2012

Pima County Circumvents It's Own Election Integrity Commission to Get a Waiver that Removes Proper Audit of County Elections


J.T. Waldron

A key document has surfaced in a recent lawsuit in Pima County, Arizona, that suggests much more activity affecting the reliability of elections took place in secret meetings with Arizona Secretary of State Ken Bennett. When the 2011 revision of the state elections manual added a sentence requiring presorting of early ballots by precinct, the County secretly went to the Secretary of State and got a waiver, without any disclosure to their own Election Integrity Commission. This activity certainly falls within the purview of the Commission and presorting had been frequently discussed by the Commission.

Although Bennett is familiar with Pima County's Election Integrity Commission, he may or may not be aware that the meetings took place without the knowledge of the other Commission members. Pima County employee John Moffatt and staunch county supporter Benny White were the two members of Pima County's Election Integrity Commission (EIC) that sought changes to the Secretary of State’s Election Procedures manual. One key substantive auditing provision, to sort early ballots by precinct, was removed without the knowledge of the rest of the EIC.

The letter from the Secretary of State, dated June 29th of 2012, acknowledges the request made by Pima County Elections Director Brad Nelson to avoid presorting early ballots by precincts and grants an exemption for the upcoming Fall election. At no point was this change mentioned at any of the commission meetings. Retired NSA analyst Mickey Duniho, Computer expert Tom Ryan, and Black Box Voting member Jim March are among the members of Pima County's EIC that strongly recommended presorting the early returns by precinct.

The process for revising the Secretary of State’s Election Procedures manual begun in 2011 when Ken Bennett formed a commission consisting of Pima County employee John Moffatt and Benny White. Although Brad Nelson is the recipient of the exemption, it is unknown whether he participated in that committee. During the time in 2011 when that committee was meeting, John Moffatt and Benny White regularly reported to the Pima County Election Integrity Committee about the changes that were being recommended. At no time did they mention the Secretary of State's intention of requiring presorting of early ballots by precinct. At almost every EIC meeting, however, Mickey Duniho and other members frequently discussed with the board the importance of presorting early ballots by precinct before conducting the hand count audit.

Citizens filed a lawsuit against Pima County and held a hearing earlier this week over presorting early ballots along with other auditing procedures provided by Arizona Statutes. They filed this lawsuit absent any knowledge that this provision was added by the Secretary of State and later exempted at the request of Pima County. Had it not been for the current lawsuit to get Pima County to follow existing election laws, we would have never discovered this activity taking place behind the backs of the rest of the Election Integrity Commission. Such trickery seems to involve far more work and effort than actually negotiating the logistics of presorting early ballots by precinct.

It appears that County Attorney Chris Straub has reported this change and the accompanying waiver to the court in this recent trial. This disclosure is likely required to avoid potential sanctions, even possible disbarment, for withholding information from the court that is pertinent to the case.

Those who knew that the Election Integrity Commission was being circumvented are obviously Benny White and John Moffatt. Brad Nelson and Chuck Huckelberry would also have a difficult time claiming ignorance over withholding information and secretly obtaining a waiver from Ken Bennett to avoid compliance with the new rule. Every EIC meeting has transcripts and are sufficient to show that Moffatt and White were falsely representing what took place with the Secretary of State.

Was Benny White's role in working with the Secretary of State to enhance the impression of the EIC's participation in the revision of the Secretary of State’s Election Procedures manual? Pima County has no doubts over Benny White's loyalty to those currently entrenched in Pima County's bureaucracy. In 2008, he provided false testimony and slandered John Brakey to the Pima County Board of Supervisors when Brakey was falsely arrested while serving as an elections observer (see below). Brakey has so far refrained from suing Pima County over his false arrest, which was requested by Brad Nelson. Despite what we had previously predicted, Benny White indeed testified in the hearing earlier this week. You could see the difficulty in getting a direct answer out of him as he's asked his position over presorting early ballots by precinct.



Discovery of this "runaround" by the county sheds new light on the dynamics of last week's emergency meeting proposed by Mickey Duniho. Here they are spending hours discussing the importance of presorting the early ballots. Benny White left early because he claims to have a conflict of interest with the upcoming court case. Absence makes withholding information a lot easier. Brad Nelson has the easy excuse of being busy during the election season (It's also the excuse Pima County uses for not complying with state election laws). Pima County employee John Moffatt is left to sit through the whole meeting discussing a subject that he knows has been "managed" behind their backs. It's his job.



Here is Benny White lying to the Pima County Board of Supervisors:



With all the scurrying behind the scenes, one has to wonder what part of the election do they plan to alter?

Thursday, November 1, 2012

The State of U.S. Elections: Donna Branch-Gilby Talks About Why She Ran Against Supervisor Sharon Bronson





Arizona:  In light of Pima County Supervisor Sharon Bronson's campaign season shots at Republican rival Tanner Bell over money and politics, the public is slowly starting to learn that the real question should be "Who's your sugar daddy?"


Friday, October 26, 2012

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.

Thursday, October 4, 2012

U.S. Election Officials "Reserving the Right to Cheat"



Election Fraud, Culture of Corruption in Pima County, why Early Ballots shouldn't be counted before Election Day and what all this means. The current court case "...alleges that Pima County, through the direction and control of its county administrator C.H. "Chuck" Huckelberry, 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. As a result, county management fraudulently rigged the Regional Transportation Authority election on May 16, 2006 and has the ability to manipulate the outcome of any Pima County election, including not only bond elections, but the elections of members of the Board of Supervisors, themselves." 

Monday, August 27, 2012

Arizona Election Fraud: Pima County Superior Court Judge Kyle Bryson Affirms His Own Ruling and Pushes Case Back to the Appellate Court

AUDITAZ
John Brakey

"The day we see truth and do not speak is the day we begin to die"
     - Martin Luther King

Pima County officials/employees tapped to support
Yes! 1 and 2 RTA initiative in 2006
Well the status quo in Pima County wants this case - and the truth - to die. The case in question is “We the People” attempt at court-ordered reforms seeking “prospective relief” so they cannot cheat in the future.  Facts are, Pima County election process – a process involving election software the county has already admitted and situated in early cases (we won) as “fatally flawed” in a county that produced one of the most visibly hacked elections the country has ever seen.

As more evidence continues to surface demonstrating with the highest degree of statistical probability that the 2006 RTA election was rigged, Judge Kyle Bryson upheld his previous decision to grant Pima County's motion to dismiss.  "This is groundhog day moving us once again" as Bill Risner stated to Judge Kyle Bryson in the hearing that occurred on August 13th of this year.  This is an accurate statement as the Libertarian Party is now forced to make the same appeal over the same arguments to the same appellate court.

Citizens Against Rigged Elections
“The goal of this lawsuit is to protect the “purity of elections” in the future, starting with the 2012 elections.  Years of public records suits have shown us what's wrong with this county's elections process, computer systems and managers…  …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. 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.” - Attorney Bill Risner, excerpt from statement of facts filed 1/12/12.


From the perspective of election transparency, here are the facts:
 1) Pima County Agrees It Is Easy To Cheat: page 7; 
 2) The Arizona Attorney General Agrees It Is Easy To Cheat: page 8; 
 3) The Arizona Secretary of State Agrees It Is Easy To Cheat and State Law Prohibits The SOS From Checking County Computers To Find Out If   Counties Are Cheating: page 9; 
 4) Multiple Expert Examinations Confirm The Irredeemable Flaws In Our Election    Computer Software: page 12”;
             (Excerpt from statement of facts filed 1/12/12: http://tinyurl.com/LPFiling)

Since 2006 we’ve won 3 major cases so far revealing how the process in Pima County works despite the county spending over a million dollars to block public records access alone.  We filed this case several years ago to actually fix the problems found in that public records trial.   In 2009 Pima County judge Harrington threw the “reform case” out but both the state appellate and supreme courts said otherwise – that we have a right to prove that the election process in Pima County is broken and ask the court for mandated reforms even if they are above and beyond state law – because under the AZ Constitution we have a civil right to fair elections and if state law is inadequate to achieve that, the courts can step in.

Before any court orders affecting election procedures are issued, the hearing needs to complete the fundamental tasks ignored by Attorney General Terry Goddard.  The court must allow for the actual audit of the ballots and a forensic examination of the ballots.  In fact, if the audit and forensic exam do not turn up evidence of foul play, the court does not have sufficient cause to issue orders for prospective relief.  That outcome would end the case.

So what are they afraid of?  Why is Pima County the primary obstacle to this investigation?

We marvel at this remarkable moment in time.  The inescapably simple resolution that Pima County avoids leaves everyone endowed with basic cognitive skills with the uncomfortable realization that Pima County has been caught cheating and they are staving off the inevitable with taxpayer's dollars.  You may hear complaints by Pima County Administrator Chuck Huckelberry about the costs of litigation and the time it is taking to resolve this issue, but responsibility for the costs of litigation rests squarely with him.  Under his supervision, Pima County spent at least 1.3 million dollars in litigation in their failed attempt at resisting disclosure of public records.  They even presented legal arguments trying to block a court order protecting the ballots while at Iron Mountain's storage facility (once it was discovered that those ballots had no real protection since 2006).  It's important to keep in mind that Huckelberry is merely the figurehead working on behalf of the corporate interests while preserving the tertiary image of public service.  His departure would ultimately bear little significance if the overarching structure of Pima County remains in tact.

We fail to see the logic behind Pima County's refusal to resolve this issue in an expedient and efficient manner.  Regardless of the severity of the crime, it's time to clean up the elections department.  Pima County reserves for itself the privilege to cheat in elections and those who dare to call for sufficient election transparency are punished.   Pima County is solely responsible for all the legal foot-dragging, but the courts whose budgets are overseen by Chuck Huckelberry still make the plaintiff (who where victors in the last three rulings)  pay for the storage costs of the ballots at Iron Mountain's facility.
Bill Risner was stiffed court fees despite finally obtaining access to the poll tapes after Pima County dragged their feet in a year's worth of litigation.  This war of cost and attrition hurts election integrity, but it is Pima County that's looking desperate regardless of the size of their public relations team.

Spreading the Pain Around

After prevailing in both AZ Court of Appeals and Supreme Court by late 2011, we were assigned a second local judge (Kyle Bryson) following those wins, but he threw us out on the same basis as the Harrington in 2009 decision by claiming he didn't have the ability to create the reforms we were asking for...in complete and highly unusual rebellion against three appellate court judges and five state supreme court judges.  After judges allow for a little tarnish to their reputations on behalf of the growth industry, they pass the buck to another fresh, less-tainted judge.  In this case, Judge Kyle Bryson is being very generous to his fellow judges by the extent to which he allows his reputation to be trashed fighting this constitutional issue involving elections.
 
This is now turned into an outrage.  ‘We the people’ have a right to our day in court and fair elections, and a corrupt county is blocking those rights at all branches of government.

Sadly, it’s what we expected from a court system that works to protect the status quo in Pima County because that court system is Pima County.



For more information go to: www.RiggedNoMore.com
 
Hope, Peace and Democracy,

John R Brakey, co-founder of AUDIT-AZ (Americans United for Democracy, Integrity, and Transparency in Elections, Arizona) Sites with Arizona Election Integrity News
www.audit-az.blogspot.com  and SEEKING JUSTICE www.seekingjusticeauditaz.blogspot.com  and http://www.fatallyflawedthemovie.com/ Tucson, AZ, 85706 

My e-mail is:  AUDITAZ@cox.net


[i] Link to our last appeal[i]: “Opening Brief to Arizona State Court Of Appeals Div 2. Seeking Prospective Relief to Protect the Purity of Future Election Results?: http://seekingjusticeauditaz.blogspot.com/2010/04/test.html

[1] Thursday, August 9, 2012; Arizona Election Fraud: Is Stealing Two Billion in Taxes a Crime Too Big to Prosecute? : http://fatallyflawedelections.blogspot.com/2012/08/arizona-election-fraud-is-stealing-two.html


[1] Link to Judge Kyle Bryson ruling[1]: http://tinyurl.com/98gbpjh
[1]  ARIZONA ELECTION FRAUD: PIMA COUNTY COURT HEARING 08.13.12 MOTION FOR NEW TRIAL  :  http://www.youtube.com/watch?v=mKym1AlwFnE&feature=colike

[1] Attorney Bill Risner, initial disclosure statement which is a mind blowing comprehensive statement of facts collected over many years of investigations and litigation of Pima County:   http://tinyurl.com/LPFiling

[1] (Excerpt from statement of facts filed 1/12/12: http://tinyurl.com/LPFiling)

[1] Summary of the Four Pima County Cases 09/06/10 by Bill Risner updated 7/16/11 by Jim March and John Brakey: http://tinyurl.com/5wda8gl 

[1] The Ellen Theisen report on the many Significant Discrepancies in the AZ AG office hand count: http://www.votersunite.org/info/SignificantDiscrepanciesInComparisonOfRTAResults.pdf

[1] Fraud Flyer with 10 points:  http://www.sweetremedy.tv/fatallyflawed/media/RTA_Fraud_Flyer_3_7_12.pdf

[1] Pima County’s Manger “Chuck Huckelberry” created a monster PR Staff, AZ Daily Star: Josh Brodesky: County's new PR force: Good use of tax funds? Sunday, October 9, 2011: http://tinyurl.com/6p5qhtl

[1] When It Comes To Election Integrity In Arizona There’s Nothing Like Having An “Elephant in the Room” Or At Least A "Big Donkey" August 8, 2010: http://www.audit-az.blogspot.com/2010/08/when-it-comes-to-election-integrity-in.html

[1] Link to our last appeal[1]: “Opening Brief to Arizona State Court Of Appeals Div 2. Seeking Prospective Relief to Protect the Purity of Future Election Results?: http://seekingjusticeauditaz.blogspot.com/2010/04/test.html


Wednesday, August 15, 2012

Arizona Election Fraud: "In the Spirit of Cooperation, Let's Not Look Into the Past"

J.T. Waldron

By "taking the matter under advisement", Judge Kyle Bryson kicked the can a little farther down the road last Monday and further postponed the hearing granted to the Libertarian Party by the appellate courts for prospective relief in rigged elections.  Litigation was prompted by the discovery of suspicious activity surrounding the 2-billion dollar 2006  RTA (Regional Transportation Authority) bond election.

In his earlier hearing, Judge Kyle Bryson, winner of the latest round of musical chairs for superior court justices presiding over the last six years of litigation, waited three months before issuing a decision and failed to notify the plaintiff once the decision was made.

Bryson's predecessor, Judge Charles Harrington, errantly ruled that the courts do not have jurisdiction to issue court orders that affect the process of elections, even if the legislative and executive branches fail to ensure fair elections. Arguments presented by Pima County in their motion to dismiss asserted that the courts were asked to 'challenge an election' or 'conduct a criminal investigation'.

Instructions provided by the appellate court over its decision to grant the Libertarian Party a hearing for prospective relief addressed both these concerns:

Not an election challenge

"That remedy is wholly prospective in nature and relates only to future elections: it is not directed at completed elections like the 2006 Special Elections. Because granting injunctive relief would not require annulling or setting aside the RTA election results, the Libertarian Party's claim is not an election contest and thus not subject to the five-day filing period. The trial court erred in concluding, pursuant to 16-673, that the counterclaim was filed untimely."

Not a criminal investigation

"...therefore, even though the Libertarian Party may allege and then produce evidence of conduct that may well amount to a criminal violation, this does not convert its claim for injunctive relief into an impermissible 'investigation into criminal conduct.' Rather, it is simply a necessary part of establishing its claim for injunctive relief. The trial court therefore erred in dismissing the counterclaim on this basis."

One person who must be very concerned about the mounting evidence of criminality surrounding the RTA election is Pima County Administrator Chuck Huckelberry, who has, according to what Attorney Bill Risner has discovered in the last six years of litigation, "systematically subverted critical controls required to protect the purity of elections." As a result, Pima County's legal team is using every means necessary to delay this proceeding, which would ultimately move the Pima County Elections process to a more transparent and accountable system.

Pima County Superior Court Judge Kyle Bryson's last decision took 90 days and was so bizarre, it forced attorneys Bill Risner and Ralph Ellinwood to file a motion for a new trial. Instead of allowing the usual developments in a case to proceed, Kyle chose a new tactic of guessing what the plaintiffs would ask for, then denied the court's jurisdiction in this matter in direct contradiction to the appellate court decision. Last Monday, Pima County had Bryson preside over the hearing that was prompted by Bryson's decision in the first place. Adding to this circular logic, Pima County has begun alluding to the amount of time that has transpired to resolve this issue in their latest arguments.

Ronna Fickbohm: "They can't come to you and say everything is the same as it was in 2006 because it simply isn't. They don't tell us how their arguments today fit in the Rule 59 framework." Fickbohm is attempting to distract us from one of the intended functions of the hearing itself: to determine what is still needed to protect election integrity within Pima County's elections division while taking into account any changes that have transpired since the RTA election. Despite public statements alluding to tighter security, self-published report cards and a hand-picked Election Integrity Commission, nothing can distract the public from the fact that Pima County has the same people operating within the elections division with impunity.

To make a claim that the plaintiffs "Can't come to you and say everything is the same as it was in 2006" when Pima County is the sole entity to blame for blocking efforts to resolve this issue in 2006 is offensive. Almost as offensive as the repeated requests by Huckelberry's IT man, John Moffatt, "to go forward in the spirit of cooperation, but not look into the past". Below is Jim March (blackboxvoting.org) as he recalls his experience with Moffatt.






Pima County's lawyer Ronna Fickbohm burns up a great deal of time arguing over the court's inability to intervene in various bureaucratic processes, hoping people forget that the courts are the third major branch in the separation of powers. U.S. and Arizona State constitutions act as the hot knife through Fickbohm's soft butter arguments about any inconvenience various bureaucracies might encounter over court orders.

Efforts to stop proceedings and further discovery have become so transparently awkward that the Pima County legal team continues to put forth this peculiar notion that courts shouldn't allow for the process of fact finding and discovery. Emasculated under the umbrella of Pima County, Judge Kyle Bryson followed suit by second guessing the plaintiff and circumventing their efforts at getting to the truth.

Some may have a difficult time believing that such a third world style battle is taking place in our court systems today. The following video not only documents this latest exchange, but provides additional footage for the audience to decide if past statements by Pima County were 'paraded in front of us out of context'. Finally, all are rewarded by witnessing the Bill Risner's rebuttal at the end. He used his time wisely.





Thursday, August 9, 2012

Arizona Election Fraud: Is Stealing Two Billion in Taxes a Crime Too Big to Prosecute?

J.T. Waldron

GOLIATH: Pima County
Administrator
Chuck Huckelberry
How far will he go to
block election
transparency?
After Arizona's appellate courts ruled in favor of the Libertarian argument for prospective relief for rigged elections, serious efforts were initiated to ensure that justice remained an unobtainable dream.  The goal of the lawsuit, of course, is to make elections a transparent process by removing Pima County's ability to cheat undetected.  Over six years of litigation was required for the courts to decide they indeed have jurisdiction to ensure clean elections, especially after the legislative and executive branches failed to provide that remedy.  Discovery of criminal activity in the elections division is an ancillary outcome that is part of the process for the hearing to provide prospective relief against rigged elections in Pima County.

To preserve the critically flawed nature of Pima County's elections system, Administrator Chuck Huckelberry continues to resist a forensic exam of the ballots now residing at Iron Mountain's storage facility.  Huckelberry is now willing to contradict past statements of how he would be vindicated by the scrutiny he pretends to welcome as justice looms on the distant horizon.  Justice, unfortunately, is still a vague unobtainable outcome lost in the gears of Pima County's political machine. 

Huckelberry can no longer lean on Attorney General Terry Goddard's investigation because it was proven to be woefully inadequate.  So inadequate that it represents the failure of the executive branch to provide sufficient remedy in a rigged election and was part of the argument for winning the initial appeal for prospective relief.  

Once the appellate courts ruled in favor of the election integrity advocates, Pima County's legal staff were passed over for pricier corporate lawyers.  These expenses add to the 1.3 million dollars wasted in a vain attempt at resisting election transparency and subsequent revelations of criminal activity. 

The guiding figure behind this activity was aptly named by Attorney Bill Risner:

“…Pima County, through the direction and control of its county administrator C.H. “Chuck” Huckelberry, 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. As a result, county management fraudulently rigged the Regional Transportation Authority election on May 16, 2006 and has the ability to manipulate the outcome of any Pima County election, including not only bond elections, but the elections of members of the Board of Supervisors, themselves.” 

The appellate court decision also marks the the beginning of a battle in the public arena with the inception of a PR machine that rivals most media outlets in Pima County.  Taxpayer's money is now being used to soak up employment slack as local media outlets shed their workforce in a failing local economy.  Pima County's influence over the pool of journalists succeeds through exploitation of increased economic scarcity in print and television media.  Taxpayers are inadvertently subsidizing a final path for job security as a pool of at least ten local professional journalists have enlisted with Pima County's public relations team.  Fear of retaliation and lost opportunity will continue to undermine local critical coverage of the 2006 RTA election.

One can only guess how much money is being spent to conceal the theft of two billion dollars from local taxpayers.  

From industries awash in contracts, other local radio outlets like John C. Scott and Bill Buckmaster line up at the trough of advertising dollars from those funding the Regional Transportation Authority (RTA), the organization that emerged from the suspicious 2006 RTA election.  

Pima County's political machinery has placed local media coverage in a state of paralysis over recent evidence and cover-up of the 2006 RTA election. 

The size and scope of Pima County's bureaucracy itself is a force to be reckoned with.  Few administrators could boast controlling so many functions including its own public defenders, its own prosecutors, its own elections division, its own treasurer's office, its own court vault, its own law enforcement and its own judiciary.  Heads of all these departments have their salaries set by Pima County Administrator Chuck Huckelberry, the CEO or chief administrator deeply entrenched in this bureaucracy.  

Unfortunately, those following the hard fought battles won on behalf of election integrity are learning the consequences of pursuing justice in a court system that falls squarely under the umbrella of the organization that was caught cheating in the first place.  Previous highlights like Judge Harrington's "wash your hands" incident and Judge Borek's refusal of the courts to grant attorney's fees for previous court victories suggests that the appearance of impartiality is starting to whither.  

Recently, attorneys Bill Risner and Ralph Ellinwood have been forced to file a motion for a new trial based on erroneous judgement made by Kyle Bryson, the judge assigned to the case after appellate court ruled in favor of Risner and Ellinwood. Imagine having a judge speculate about what you might ask for in the courts and proceed with a ruling based on what he's guessing you're going to say.  Then imagine that same judge erroneously denying the legality of your request in direct contradiction to what the appellate court had already allowed.

Litigation over the 2006 RTA election is unique because of the sheer volume of evidence that has surfaced to implicate Pima County's elections division for fraud.  Bill Risner's initial disclosure statement provides a comprehensive statement of facts collected over many years of investigations and litigation of Pima County.

Two minutes into the following video shows Harri Hursti using a crop scanner to program the memory card before voting so that it would print the results he wanted as opposed to the actual votes.  The purpose of the report was to warn county election departments of this potential mechanism of fraud, now famously referred to as the “Hursti hack.”  The report came out July 4, 2005. By August 3, 2005, Pima County had purchased the same device.



DAVID:  Attorney Bill Risner Explains How Election Fraud
Works in Pima County.


Such shenanigans take more than just a hacking tool.  Taxpayer-funded studies were commissioned by Chuck Huckelberry for a precinct by precinct analysis of past bond elections.  This information is key to understanding what precisely could be done on a precinct by precinct basis to avoid grossly exaggerated numbers when changing the outcome of an election.  Truthfully, there is not much else this information would have to offer and is difficult to justify for $75,000 of taxpayer's funding.  The real headaches arrived once the attempt was made at applying this knowledge on election night.  Huge numbers of precinct memory cards on RTA's election night needed to be re-uploaded as it proved far more complicated to actually hack the cards with the crop scanner so that it corresponded to the same net aggregate of the precinct totals examined in the study.  

As indicated in Risner's initial disclosure statement:

"Tucson resident Zbigniew Osmolski swore in an affidavit that he had spoken with Pima County’s election computer operator Bryan Crane on January 27, 2008 and Mr. Crane told him that he “fixed” the RTA election on the instruction of his bosses and he did what he was told to do. Mr. Crane expressed his concern about being indicted."  

Weekly and daily printed news publications echoed Pima County's efforts to discredit the whistleblower as a disgruntled employee.  The Tucson Weekly stopped just short of accusing Mr. Osmolski of perjury.  

It's difficult to understand the rationale of having Judge Kyle Bryson hear the motion for a new trial after his errant ruling was what prompted the motion in the first place, but that is what's taking place on the following date: 

Monday, August 13, 2012 - 2:30 PM
Judge Kyle Bryson’s Courtroom
Fifth Floor, Pima Superior Court:
110 W. Congress, Tucson, AZ

The future of this country may very well rest on the numbers that attend this hearing.  Why?

1.  Information acquired within the past six years includes specific ways to identify red flags in electronic records that are sufficient to challenge elections.

2.  Testimony is on record from officials all over the country confirming that electronic voting machines and their software are insecure and unreliable. 

3.  Despite the stall tactics used by Pima County's giant bureaucracy, this litigation will set a precedent to help others throughout the country pursue and achieve election integrity.

4.  Similarly flawed electronic voting machines and software are currently in use throughout the country.

5.  Prospective relief through this precedent-setting court case could provide a tangible, timely means to improve election transparency nationwide.


Tuesday, August 7, 2012

Attorney Bill Risner Explains How Election Fraud Works in Pima County (Tucson) Arizona

John Brakey
AUDIT-AZ

Here is a video Clip of Attorney Bill Risner Explaining How Election Fraud Works in Pima County, (Tucson) Arizona: http://youtu.be/JE0kOvFjn_0




We've said nothing about the media blackout they done on this story. Maybe several millions spent on suppressing all of this? We know that an attorney fees Pima County has spent $1.3 million.

Pima County’s Manger “Chuck Huckelberry” has created a monster PR Staff, AZ Daily Star: Sunday, October 9, 2011 http://tinyurl.com/6p5qhtl 


Quick, how many Pima County communications staffers does it take to put out a press release?
---
Answer JB
10 and Maricopa County PR office has 3 media people. 

Please help us with media if you can to end the blackout.

Best regards, John Roberts Brakey

----
PLEASE SHARE WITH OTHERS AND BE WITH US IN COURT MONDAY, AUGUST 13, AT 2:30PM 

Your presence is needed to send a message that elections matter and they must be verifiable.

Fact: “At the present time it is easy to cheat using our election computers and impossible to challenge a rigged election. 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.” Attorney Bill Risner

New Motion filed Aug 6th: The county ‘WE ONLY CHEATED ONCE’ ARGUMENT: http://tinyurl.com/cp928z7 

Judge Kyle Bryson's decision of May 4, 2012 was contrary to law. This court should correct its ruling and erroneous judgment and require the county to file its answer to the counterclaim filed on October 3, 2008.

BACKGROUND: AUDIT-AZ, the Pima County Libertarian Party and other interested citizens of multiple parties since 2002 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 disobey the law. We know this because of the county's testimony in 3 previous lawsuits that we won. This case is about presenting the evidences. 

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.

The important bit is this: at this stage of the game, the court has to accept as TRUE that Pima County rigged an election. Judge Bryson is saying that even if that's the case, there's still nothing he can do - in open defiance of three appellate judges and five Supreme Court judges above him.

We're asking Judge Kyle Bryson's to reconsider, as he's not allowed to guess what our arguments will be before they're even made and throw us out on that basis.

Come to court with us and show that we the people of this county are paying attention: 

Monday, August 13, 2012 - 2:30 PM
Judge Kyle Bryson’s Courtroom
Fifth Floor, Pima Superior Court:
110 W. Congress, Tucson, AZ

Also List of VIP links and documents: 

1) Bill Risner Reply to Pima County BOS Opposition to Motion for a new trial filed Aug 6th: we only cheated once argument: http://tinyurl.com/cp928z7 

2) LP's Motion for a New Trial filed 07.12.12.pdf: http://tinyurl.com/7m6dbmg ; Hearing set for Aug 13: http://tinyurl.com/7tkzx2l ; Scan able copy of Motion w/o exhibits. pdf: http://tinyurl.com/7bbdrp3 

3) June 10, 2012, Arizona Election Fraud: Pima County Superior Court Judge Kyle Bryson Rules in Direct Opposition to the Appellate Courts: http://fatallyflawedelections.blogspot.com/2012/06/arizona-election-fraud-pima-county.html 


5) “V.P.” Link to Bill Risner initial disclosure statement which is a mind blowing comprehensive statement of facts collected over many years of investigations and litigation of Pima County: http://tinyurl.com/LPFiling

6) The Ellen Theisen report on the many Significant Discrepancies in the AZ AG office hand count: http://www.votersunite.org/info/SignificantDiscrepanciesInComparisonOfRTAResults.pdf

7) Bill Risner's resolution to State Democratic Party, with backup documents: http://www.velvetrevolution.us/electionstrikeforce/ArizonaDemResolution2010.pdf

8) Summary of the Four Pima County Cases 09/06/10 by Bill Risner updated 7/16/11 by Jim March and John Brakey: http://tinyurl.com/5wda8gl

9) When It Comes To Election Integrity In Arizona There’s Nothing Like Having An “Elephant in the Room” Or At Least A "Big Donkey" August 8, 2010:


11) Pima County’s Manger “Chuck Huckelberry” created a monster PR Staff, AZ Daily Star: Josh Brodesky: County's new PR force: Good use of tax funds? Sunday, October 9, 2011 http://tinyurl.com/6p5qhtl 

12) Maricopa County no better (Phoenix) 4th largest county in USA, “These Points “Interlock” To Make A Complete Election Fraud Recipe”: http://audit-az.blogspot.com/2010/08/on-monday-08162010-emergency-lawsuit.html

John R Brakey
AUDITAZ@cox.net

Tuesday, July 17, 2012

Arizona Election Fraud: Judge Kyle Bryson's Ruling Prompts Motion for a New Trial

J.T. Waldron

Jim March, BlackBoxVoting.org,
Attorney Bill Risner,  John Brakey, AUDITAZ
"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.” - Attorney Bill Risner

Judge Kyle Bryson's decision was so far off the mark Attorneys Bill Risner and Ralph Ellingwood have decided to file a motion for a new trial instead of appealing the judge's opinion.

According to their motion, "The court's ruling of May 4, 2012 was contrary to law.  This court should correct its ruling and erroneous judgement and require the county to file its answer to the counterclaim filed on October 3, 2008. "  A new trial was anticipated due to the inherent flaw of the ruling, which tries to guess what the plaintiff's anticipated remedy for prospective relief would be.  After speculating what the plaintiff wants, Bryson rules erroneously over the legality of their request in direct contradiction to what the appellate court had already allowed in its decision granting the hearing for prospective relief.

Such reckless judgery strips Pima County's courts of any pretense of impartiality, which is a final, desperate measure that underscores how the county is running out of tricks.  The RTA ballots for this two billion dollar bond measure are being held under a court order to ensure restricted access to their location at the Iron Mountain storage facility.  The RTA ballots await a proper forensic examination and, given the discovery of missing poll tapes, the public can surmise why Pima County Administrator Chuck Huckelberry is using all legal means necessary to prevent a proper forensic examination of the ballots.  These efforts, of course, contradict numerous claims by Huckelberry that he welcomes scrutiny because it would exonerate Pima County Elections Division.

What scrutiny has discovered via the courts so far squarely condemns Pima County Elections Division.  Pima County's delays in trying this case are ultimately standing in the way of transparent, accurate elections nationwide.

Use of electronic voting machines have become the insidious condition for fraud that continues unabated as the 2012 elections draw nearer.

A string of US Supreme Court victories unearthing corruption and fraud within Arizona's Pima County Elections Division have become a lynchpin for the security of elections throughout the United States.  No other legal pursuit has been as comprehensive in identifiying specific conditions in electronic database files that warrant election challenges, collecting comprehensive testimony from officials throughout the country condemning electronic voting systems and providing the legal foundation for propective relief that could improve election transparency nationwide.

The evidence for fraud in the 2006 RTA election in Pima County exists from so many different angles that the value of these trials as prededent-setting cases is priceless.   Actual tools used for cheating were discovered on the premises, taxpayer-funded studies were commissioned for a precinct by precinct analysis of bond elections that line up with the same cluster of hacked precinct memory cards on RTA's election night and an elections computer operator has admitted that he was instructed to rig the RTA election by his boss.

With a local blackout that rivals the 1976 murder of Arizona Republic journalist Don Bolles, local media coverage is in a state of paralysis over recent evidence and cover-up of the 2006 RTA election.  Pima County's influence over the pool of journalists succeeds through exploitation of increased economic scarcity in print and television media.  Taxpayer dollars are funneled into a final path for job security for a pool of at least ten local professional journalists who have now enlisted with Pima County's public relations team.  Fear of retaliation and lost opportunity will continue to undermine local critical coverage of the 2006 RTA election.

Attorneys involved with case have made tremendous personal and financial sacrifices as Pima County's judges refuse to compensate the victors for their legal expenses.  Election integrity activists with AUDITAZ and BlackBoxVoting.org have overlooked their own financial security and wellbeing in this war of cost and attrition - all for the end game of restoring the integrity of elections nationwide.

Additional information will be provided for the hearing, which is currently set to take place on August 13, 2012.

Two activists leading the charge in this struggle (John Brakey and Jim March) have provided the following information for those who wish to learn more about this important issue:

1) Libertarian Party's motion for a new trial filed 07.12.12.pdf: http://tinyurl.com/7m6dbmg - hearing set for Aug 13: http://tinyurl.com/7tkzx2l - scanned copy of motion w/o exhibits as a pdf: http://tinyurl.com/7bbdrp3 

2) June 10, 2012, Arizona Election Fraud: Pima County Superior Court Judge Kyle Bryson Rules in Direct Opposition to the Appellate Courts:


4) Important: link to Bill Risner's initial disclosure statement which is a mind blowing comprehensive statement of facts collected over many years of investigations and litigation of Pima County: http://tinyurl.com/LPFiling 

5) The Ellen Theisen report on the many significant discrepancies in the Arizona AG office hand count: 

6) Bill Risner's successful resolution to the AZ state Democratic Party, with backup documents: 

7) Summary of the four Pima County cases 09/06/10 by Bill Risner updated 7/16/11 by Jim March and John Brakey: http://tinyurl.com/5wda8gl

8) When It Comes To Election Integrity In Arizona There’s Nothing Like Having An “Elephant in the Room” Or At Least A "Big Donkey" August 8, 2010: 

9) Arizona Election Integrity News: www.RiggedNoMore.com
http://www.audit-az.blogspot.com  and SEEKING JUSTICE: http://www.seekingjusticeauditaz.blogspot.com 

10) Pima County’s Manger “Chuck Huckelberry” created a monster PR Staff, AZ Daily Star: Josh Brodesky: County's new PR force: Good use of tax funds? Sunday, October 9, 2011: http://tinyurl.com/6p5qhtl 

11) Maricopa County no better (Phoenix) 4th largest county in USA, “These Points “Interlock” To Make A Complete Election Fraud Recipe”: 

Tuesday, June 12, 2012

Arizona Election Fraud: Pima County Superior Court Judge Kyle Bryson Rules in Direct Opposition to the Appellate Courts

Attorney Bill Risner Speaks to Judge Kyle Bryson
After Arizona's Appellate courts ruled in favor of the Libertarian's argument for prospective relief in rigged elections, Judge Kyle Bryson granted Pima County's Motion to Dismiss based on the grounds that the courts do not have jurisdiction in elections.  Sound familiar? 

The goal of the Libertarian Party's suit is to protect the “purity of elections” in the future, starting with this 2012 election season.  As stated in their initial disclosure statement:
“At the present time it is easy to cheat using our election computers and impossible to challenge a rigged election. 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.”
The need for prospective relief was first brought up in a counter claim by the Libertarian Party as a means to help prevent Pima County from rigging future elections like what appears to be the case for the RTA election.   The appellate courts already decided that Libertarian party may demonstrate through the courts once and for all that the 2006 Regional Transportation Authority (RTA) election was rigged.  This is a necessary component for justifying prospective relief.  The RTA ballots for this two billion dollar bond measure are being held under a court order to ensure restricted access to their location at the Iron Mountain storage facility.

Currently, Pima County Administrator Chuck Huckelberry is using every legal means possible to stand in the way of a proper, independent forensic examination of the ballots.  Huckelberry's legal team is blocking this proceeding despite his numerous claims that his elections division would be exonerated by a proper investigation.

Judge Bryson, who replaced Judge Charles Harrington after he erred in his previous ruling,  seems to have cut-and-pasted Judge Harrington's earlier ruling granting the County's Motion to Dismiss.

A key element in this court proceeding was Attorney General Terry Goddard's investigation which is often referenced by the county, yet always proven to be woefully inadequate.  So inadequate that it represents the failure of the executive branch to provide sufficient remedy in a rigged election and was part of the argument for winning the initial appeal for prospective relief from rigged elections.

The issue of jurisdiction and when such jurisdiction applies was discussed in the previous Appellate Court ruling ordering the courts to proceed with the hearing for prospective relief.   Here the argument centered around the failure of the legislative branch, because of the impossible five-day window to challenge elections in the state of Arizona.  The Appellate Court agreed with the Libertarian Party's argument that "the court abused its discretion by not exercising equity jurisdiction to consider the lawsuit."  This same abuse is repeated by Judge Kyle Bryson. 

Bryson's ruling is the strongest evidence that Pima County's court system  should be included in the war of cost and attrition against election integrity.  As Bill Risner observes, "This lawsuit involves only the issue of preventing cheating in the future.  The Pima County Courts do not want to hear it and do not want to consider ways to prevent cheating."

Election integrity advocates had previous indications of Pima County Superior Courts' collusion with its administrators, especially with Harrington's "wash your hands" incident and the refusal of the courts to grant attorney's fees for previous court victories.

Add a recent move reminiscent of Pima County's past shenanigans.  No copy of Bryson's ruling was sent to the attorneys working on behalf of prospective relief for elections.  Although the County received their copy of the May 4th ruling, attorney Bill Risner (along with his co-counsel Ralph Ellington) were left to make the inadvertent discovery of the ruling 15 days later.   Part of the mystery behind the ruling was not only how long it took to decide (snuck out in three months), but what on earth Judge Bryson might have been doing with his time during this period.  It's difficult to make the assumption he was presiding over something more important and therefore could not include a rudimentary analysis involving the subject matter at hand.

Fortunately the 15 day stall tactic was just a stall tactic and did not eat up the 15 day window legally afforded to make an appeal.   An appeal that may not be necessary, because Judge Bryson's ruling seems to have put the cart before the horse.   As Bill Risner states:
"The Libertarian Party's counterclaim had simply requested that the court after 'finding that there was tampering, issue an appropriate permanent injunction to prevent a reoccurrence.'  Judge Bryson said that 'it now appears the Libertarian Party will ask the Court to require Pima County to perform graphic scanning of all ballots case and provide those images to the public in future elections.'  He decided that he couldn't do that so he might as well dismiss the case.  Such a request had not been made.  A motion to dismiss had not been made on that ground by the county.  Such an order would have been lawful.  It was only one of many possible orders that the court could have entered."
Due to this oversight, the county may be looking at a whole new trial.  A trial addressing additional remedies like immediate access to memory cards for election challenges, adjusting auditing procedures for county and bond races and improved chain of custody procedures to prevent further tampering.

Pima County's unique form of nepotism provides a living, breathing model of how monopolies work.  It's a bureaucracy that might as well be one big corporate oligarchy with arms outstretched to its own judiciary, its own public defenders, its own prosecutors, its own elections division, its own treasurer's office, its own court vault and its own law enforcement.  Heads of all these departments have their salaries set by Pima County Administrator, Chuck Huckelberry, the CEO or chief administrator deeply entrenched in this bureaucracy.  A bureaucracy exclusively funded by taxpayers.

To soften the blow of public outrage for what is eventually becoming obvious in the 2006 RTA elections case (as well as a number of other conflicts), Pima County has engaged in building a P.R. machine by picking up employment slack from failing local newspaper outlets.   For example, Gary Duffy, a reporter for the now defunct Tucson Citizen, co-wrote an award winning article shedding light on one of many RTA security breaches entitled, "Record of votes in ’06 RTA election missing".  Last month you might have spotted Duffy hanging out behind a booth promoting the RTA as part of his job for the county.  Reliable sources include ten reporters making the jump to the county trough.  What are the chances of accurate, critical coverage of Judge Bryson's ruling in the local news outlets?

Despite such adversity, in the decaying "methlab of democracy" known as Arizona, election integrity advocates continue to engage in this battle for clean elections.

Why? 

1.  Information acquired within the past six years includes specific ways to identify red flags in electronic records that are sufficient to challenge elections.

2.  Testimony is on record from officials all over the country confirming that electronic voting machines and their software are insecure and unreliable.

3.  Despite the stall tactics used by Pima County's giant bureaucracy, this litigation will set a precedent to help others throughout the country pursue and achieve election integrity.

4.  Similarly flawed electronic voting machines and software are currently in use throughout the country.

5.  Prospective relief through this precedent-setting court case could provide a tangible, timely means to improve election transparency nationwide.