Tuesday, August 17, 2010

Pima County Is not the Only County Known for Breaking Election Laws

Chuck Huckelberry:

"I can continue to factually debunk unfounded accusations that cast any doubt on the integrity of County election processes as I believe it is very important that voters have the highest level of confidence in election integrity and election results. Continual misrepresentation of facts without a response from the County damages election integrity and credibility."

John Brakey:

"Well, lets start with Robbie Evan's testimony about Oro Valley Town Clerk Kathy Cuvelier being shown summary reports before the polls closed. This time, providing typical bureaucratic lip service just ain't gonna work. Everyone should expect more, especially when so many legal indiscretions start to pile up. Chuck Huckelberry is so slick he can't get a grip on himself. The only folks damaging election integrity and credibility are those who are still running the Pima Elections Department despite their past violations of the law."

AUDIT AZ has now turned its attention to Maricopa County, the largest county in Arizona responsible for 56% of the total votes in Arizona. Here is their announcement of the lawsuit:


Pre-election research over the last three weeks (based on the work of AUDIT AZ since 2006) discovered flagrant ILLEGAL violations of Arizona Election Laws. The interlocking pattern of deliberate violations of these security measures indicated below makes manipulation of vote counting easy, leaving elections vulnerable to fraud that is very difficult to detect in a timely fashion:

1) Arizona Election Law requires poll workers to sign poll tapes at the conclusion of the ballot count. Maricopa Elections has removed the signature line and changed the pollworker manual to remove instructions for poll workers to sign the poll tapes printed by the precinct electronic voting machines.

2) Maricopa Elections Dept. has prevented properly credentialed party observers from observing the central tabulator systems.

3) Maricopa Elections Dept. has been connecting to and distributing election data over the Internet, in violation of Arizona law.

4) Maricopa Elections Dept uses uncertified software on the certified voting systems. These are listed in AZ law specifically as felonies.

5) Maricopa County blocks the public from knowing the vote totals at the precinct, instructing poll workers to withhold results and prevents any observers from photographing the machine totals. This is in open violation of Arizona law. Pinal County, just south of Maricopa, posts their vote totals (or result totals) on the outside of the polling house door. Why does Maricopa hide these results?

6) Maricopa County ordered their poll workers for all recent elections not to place the poll tapes produced by the electronic voting machines (“results tapes” that should, by law, be signed) into the sealed “official returns envelope”. This sealed envelope is to be preserved in case of a challenge.

7) Maricopa Elections Dept. orders their poll workers to return critical ballot materials (the “memory cartridge” electronic ballot boxes) from the polling places at the end of election day with one person only. Arizona law requires two persons to be assigned this task, one from each party.

8) Maricopa Elections Dept reports election results, combining mail-in, precinct and provisional votes. It is easier to tamper with election results either by the precinct or mail-in votes. Tampering with both to make them more or less equivalent in terms of the percentage of fraud is difficult. If a candidate or issue wins a large majority in one type of voting and loses in the other, it’s a strong indicator of election tampering. Maricopa County combines all distinguished parts of the data into one total to avoid detection of these disparities.

These problems “interlock” to form a net aggregate that ultimately effects the outcome of the election. This scheme allows for one or two discrepancies to be found, with the follow up excuse, "Yes, this was wrong, but it didn't effect the outcome of the election." If observers aren’t allowed to see the precinct data on election night (5) or afterwards (8), and are blocked from seeing what goes on at the central tabulator (2) when it gets there on systems connected to the internet (3) on unknown, untested and illegal software (4) and the one reliable record available of precinct results isn’t signed (1) or put in a sealed bag for later review (6), then it’s not a credible election. In our opinion, all of this activity is illegal and we will make that argument in court.

The state of Arizona is the most difficult state in which a recount can occur. Recounts are automatically generated only when there is a one tenth of one percent or smaller difference in election totals. Florida is the only other state comes close to this standard, and Florida recounts are still easier to obtain. In Arizona, a candidate challenge is impossible, even if the candidate pays for it. This is a recipe for un-auditable election fraud.

A pattern is emerging in Arizona elections. In the case of Maricopa Legislative District 20 (Sept 2004), Elections Director Karen Osborn testified that an 18% error rate on optical scanning machines was within the accepted error rate for those machines. This same election fiasco resulted in ballots being confiscated by the FBI. Unfortunately, the FBI refused to properly investigate this case. Regarding the Pima County legal battle over the disputed RTA Election, a court ordered examination of the stored poll tapes from the RTA election of May 2006 showed that a third of the poll tapes were missing.

Maricopa County Elections is responsible for counting 56% of the total votes of the state of Arizona and could easily swing election results for the statewide election. We are a group of concerned citizens from five Arizona counties, who have requested (as individuals) an emergency hearing to ask the court provide remedy for these violations of the law before the upcoming election on the 24th of August. This Special Action Relief request asks for an expedited hearing to ensure that the upcoming election will follow election law with accurate results in this upcoming election and all future elections in the state of Arizona.

John R Brakey
cell 520-339-2696

Jim March


  1. Huckelberry says he "can continue to factually debunk unfounded accusations that cast any doubt on the integrity of County election processes..."

    I have one question:

    Feel free to respond, Chuck Huckelberry. Please review the charges brought against the Pima County Elections Division and be responsive. No more blanket statements devoid of meaning and relevance. We await your on-point defense of these allegations.

  2. He said he factually debunked the accusations, what more do you want?! Er, I sent the county an email maybe they'll clarify?