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.

Pima County, AZ Loses Appeal in RTA Ballot Case: Libertarians Secure Legal Victory for Election Integrity

According to Attorney Bill Risner, the Arizona Supreme Court issued its order today denying Pima County's Petition for Review of the decision of the Court of Appeals. As a result, the Libertarian Party has completed the second half of its legal victory in obtaining prospective relief against rigged elections through the courts. In Arizona, the courts are the last available means to prevent election fraud from reoccurring in the future; the legislative and executive branches have failed to provide adequate remedies. The Court of Appeals reversed Judge Charles Harrington's previous dismissal of the case and remanded the case for further proceedings.

Pima County oversees the elections for that county and enjoined itself in a lawsuit originally designed to determine the predicament of the 2006 RTA ballots, currently in the possession of the County Treasurer's office. The ballots have been preserved because of previous litigation that ultimately uncovered a significant amount of evidence suggesting that the two billion dollar bond transportation measure was rigged.

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 now, before true auditing or forensic examination of the ballots could take place. This idea backfired, however, because two parties in the suit, the Democratic party and the Libertarian party, argued for prospective relief from the courts after then-Attorney General Terry Goddard's woefully inadequate audit of the ballots. In addition to prospective relief, they wanted to see the poll tapes, which are vital auditing tallies at each of the precincts on the night of the RTA election. Terry Goddard had refused to examine them, but saw fit to confiscate them along with the ballots. He then locked them up again with Pima County, causing the other two parties to spend a year in litigation before gaining access. Once they finally got to see the poll tapes, over one-third were missing.

The past body of evidence demonstrating the harm committed by Pima County to the credibility and integrity of its elections was not so easily dismissed by the Supreme Court.

For the citizens of Arizona, the courts were the last hope in providing some measure to ensure that future elections are not rigged. Unfortunately, Judge Harrington threw this case out by accepting the county's argument that criminal activity cannot be discovered in a civil case trial. Despite the absurdity of this argument, the Democratic Party dropped out of the case after Harrington's decision to provide cover for Terry Goddard's ill-fated gubernatorial campaign. However, the Libertarian party was on board from the beginning and elected to continue pursuing the matter in appeal.

Below is a clip that set the tone in the previous trial with Judge Harrington admonishing Bill Risner, the attorney for the Democratic party, for suggesting to the court that it "can't just wash it's hands of this matter". This, of course, took place just before Judge Harrington washed his hands of the matter and let it go to appeal.

J.T. Waldron

Election Integrity Pursuit Abandoned by Democrats Wins Appeal

PDF of Ruling

The Libertarian party, the last group continuing the pursuit of prospective relief from rigged elections in the Arizona courts won a major legal victory last Thursday. The Court of Appeals reversed Judge Charles Harrington's dismissal and remanded the case for further proceedings.

The Democratic party backed out of this RTA court case when Judge Charles Harrington denied those who were seeking prospective relief in the courts to improve election integrity. The rationale provided by the Democratic party to abandon the case was concern of the costs for litigation. Election integrity activists believe that the Goddard political machine wanted as little attention possible over his handling of the RTA investigation.

Arizona Attorney General Terry Goddard demonstrated how the executive branch failed to provide adequate remedy when he investigated the 2006 RTA election. Goddard refused to perform elementary auditing procedures including a check of the ballots' figures against the poll tapes from that same election. After a year of litigation, the public learned that thirty percent of the poll tapes were missing.

In Arizona, election challenges can only take place within the first five days after the election is held. Five days proves to be an impossible time frame given the complexities involved with obtaining and examining electronic data and relevant records. Barring a change in statutory law, the legislative branch fails to provide sufficient remedy in an extremely suspicious election.

For the citizens of Arizona, the courts were the last hope in providing some measure to ensure that future elections are not rigged. Unfortunately, Judge Harrington threw this case out by accepting the county's argument that criminal activity cannot be discovered in a civil case trial. Despite the absurdity of this argument, the Democratic Party dropped out of the case after Harrington's decision. However, the Libertarian party was on board from the beginning and elected to continue pursing the matter in appeal.

Below is a clip that set the tone in the previous trial with Judge Harrington admonishing Bill Risner, the attorney for the Democratic party, for suggesting to the court that it "can't just wash it's hands of this matter". This, of course, took place just before Judge Harrington washed his hands of the matter and let it go to appeal.