FOR IMMEDIATE RELEASE
PHOENIX, Arizona (April 11, 2016) – On behalf of Americans United for Democracy, Integrity and Transparency in Elections (AUDIT-AZ) and a growing number of disenfranchised voters, election investigator and Arizona voter John Brakey filed an election challenge to the Arizona Presidential Preference Election on Friday, April 8. The case filed in Maricopa County Superior Court cites serious problems with both voter suppression and election procedures. The suit calls for the April 4 certification of the election – Arizona’s Presidential Primary – to be cancelled and no new certification issued until “the election is properly conducted and in compliance with Arizona law.”
Brakey, Co-founder in 2004 of AUDIT-AZ, won previous lawsuits against Maricopa County in 2010 and Pima County in 2007 resulting in increased election security procedures.
The defendants in the current case include Secretary of State Michele Reagan, Maricopa County Recorder Helen Purcell, and the Boards of Supervisors of all 15 Arizona counties. Brakey is represented by attorney Michael Kielsky of Udall Shumway in Mesa.
“Elections are meaningless unless they’re accurate,” said Brakey, 61, of Tucson. “I understand that Secretary Reagan felt she was following the law that said she ‘shall’ certify the election. She was doing her job and now I’m doing my job as a citizen.”
The lawsuit cites problems including improper changing of voters’ party affiliations resulting in voters being refused the right to vote, failure to provide ballots to qualified voters, and lack of security for voter databases resulting in illegal access to changing sensitive voter data.
The problems are significant enough to have altered the results of both the Democratic and Republican primaries.
In Maricopa County, the state’s largest, approximately 24,000 voters were forced to vote on provisional ballots. Only 17% of those votes were included in the certified election results. In contrast, over 67% Pima County’s 8,466 provisional ballots were approved.
The March 22 election limited Maricopa County polling places to 60, less than one-sixth of the number available in the 2008 Presidential Preference Election, the last time such an election was held with no incumbent on the ballot. This led to waits of five hours or more for many voters. Many were unable to vote because they had to return to jobs, care for their children, or because they were physically unable to stand in line for such long periods.
While election issues in Maricopa county have received the most media coverage, “these patterns are systemic and are popping up in other counties. It’s very concerning, and we need answers,” Brakey said. “I witnessed the hand count in Pima County,” he continued. “Crucial legal safeguards weren’t followed.” Pima is the second largest county in the state.
The lawsuit includes sworn statements by a poll worker, voters, and election experts. Additional evidence will be presented as the case progresses.
Voter suppression has emerged as a central issue in this year’s hotly contested Presidential Primaries. Voters, poll-workers, and others with first-hand knowledge of election problems are encouraged to contact AUDIT-AZ through their website, www.auditusa.wpengine.com.
The first hearing for the case is set for April 19.
This case is unrelated to the announced investigation into the Arizona election by the U.S. Department of Justice.
For more information, contact:
John Roberts Brakey, AUDIT-AZ: (520) 339-2696
English
Pima county didn’t give out provisional ballots to mist voters whose registrations they wrongfully switched. So it is much worse than it appears.
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[…] Arizona Presidential Preference Election Faces Court Challenge […]
Our “30 Full Voting Rights” is the answer to all the election
and voting issues we all have uncovered over the last 10,
20, or more years. ….
John have donated $30 and planned to donate and extra
$70 for your litigation efforts.
In the meantime lets all push for our 30 Full Voting Rights
for all voters in all 50 states.
Thanks and Good Luck,
Frank Henry
Full Voting Rights Advocate
Cottonwood, Arizona
Tel: 928-649-0249
e-mail: fmhenry4@netzero.com
have you been doing this for many years?
Our “30 Full Voting Rights”
The casting and counting of our votes is uncertain because we do
not have our 30 Full Voting Rights.
Lets look at our “30 FULL Voting Rights”….
As you know our country is 240 years old and no voter
in any of our 50 states has their “30 FULL Voting Rights”
regardless of the voter’s personal and/or political
persuasions.
History:
(1) Men were given some undefined voting rights since
the founding of our country… but, full voting rights
were not defined.
(2) In 1920 it was decided to let women vote… but,
full voting rights were not granted/defined.
(3) In 1965 the Voting Rights Act (VRA) was enacted to
purportedly provide voting rights to many minority
folks… but, only about 7 of the 30 full voting rights
are barely mentioned in the VRA.
(4) Today the average voter knows of 4 of the 30 full
voting rights:
1) register to vote…
2) get ballot on election day…
3) mark ballot in secret (in a booth)…
4) place ballot in ballot box or voting machine..
What are the “30 FULL Voting Rights”….
Here is a list of the many components/rights of
each individual’s “Full Voting Rights”, the some
30 rights are:
” FULL VOTING RIGHTS ”
1) Districts of equal number of electors.
An elector is a US citizen age 18 and up who’s
voting rights has not been suspended.
2) Registration by US citizens only, age 18 and up
( note; the citizen has the right to register
or not to register … no one shall be allowed
to ‘automatically’ register any voter).
3) Registration list 100% open to public view on-line.
4) There shall be equal requirements for placing
candidates name on the ballot by the individual
candidate only. Political parties and other
groups shall not be allowed to place names of
candidates on the ballot. The government (fed,
state, local) shall conduct only one election,
that is the government will not conduct primaries,
run-off elections, top two elections etc other
than the general election itself. Government may
hold special election to fill vacancies as may be
required. The winner of each race is the person who
receives the most votes cast. A tie shall be resolved
by a Verify hand count and if this count results
into a tie, the tie can be resolved by “flip of coin”
or other non-skilled chance process. All candidates
shall be given one line under his/her name to place
their party affiliation or short message/slogan.
Number of spaces/characters for this one line shall
be per election laws/procedures. All elections for
offices (fed, state, local) shall be based on one
person per district…there shall be no two or more
persons at-large type districts.
5) Equal requirements for placing questions on ballot.
6) All write-in-votes to be honored, counted (and not
bound to a gov pre-ordained list). (If write-in receives
most/sufficient votes, he/she can , if a qualified
elector, wins.)
7) Campaigns:…Gov (fed, state, local) shall stay out
of campaigns.
8) Absentee and, Early voting…Yes. But, NO early
counting.
9) NO all mail voting.
10) NO on-line voting.
11) Bring ALL unopened absentee/early ballots to
precinct polling place on election day.
12) Precincts shall consist of 3000 or less
registered voters.
13) Precinct polling place should be kept at a
constant location.
14) Precinct polling place shall be near the
voter…not 50 miles away from the where voters live.
15) Precinct workers shall be local volunteers and/or
drafted (similar to jury duty).
16) Test/Seal voting machines (if used) shall be open
to public observation.
…….(Election Day):
17) Allow qualified electors/voters to check-in.
18) Allow qualified electors/voters to receive a
paper ballot.
19) Allow voter to mark their ballot in secret in
a ‘closed’ booth.
20) Allow voter to place their ballot into ballot
box or ballot machine.
…….(End of Election Day):
21) CLOSING COUNT by hand or machine and perform
closing reports..
22) Get, signed by election workers, print-out-reports
from machines (if used).
23) Close/seal machine (if used).
24) Perform a VERIFY COUNT hand count of every
vote on every ballot before the CLOSING COUNT
team goes home by a Verify team or the Closing
team, looking for voter’s intent, generate
verification tally sheets and reports containing
results and error rate info..
25) Release official count results to the public.
…….(Recounts):
26) Any registered voter may request for recount.
27) Automatic recount of close positions if the margin
is at (0.5% plus error rate) or less.
28) Recount cost shall be covered by election budget.
29) Refundable fee based on margin plus error rate may
be levied on the requester prior to the recount.
(Refund if outcome changes.) (Count all positions for
office race being recounted.)
30) Hand count only (looking for voter intent).
(Followed by verify hand count)
…….(MILESTONE CHALLENGEs/CORRECTIONs):
31) If any elector/voter spots an error at any
milestone event they have five work days to bring
challenge of the error to official of the milestone
or to court for corrective review and/or action.
The elector/voter shall not be charged any fees/cost.
…….(ELECTION CONTEST):
32) Any elector/voter/candidate/official is allow to
contest an election by bringing their case to a court;
and their cost shall be refunded/covered if and to
degree of win.
Notes:
1. This list is not cast in stone, you can add/change/
correct this list.
2. Right # 19: (says mark ballot in secret ) is the
ONLY ‘step’ closed to public view. All other rights/steps
shall be open to public observation by electors, voters,
press, the public…etc.
3. In right # 27 the phrase “error rate” means the error
rate, expressed in percentage that is indicated in the
Verification Report (right #24) or the historical high
which ever is the greater.
4. In right # 29 phrase “error rate”…same as note 3.
5. In right # 29 the word “margin” means the gap between
the two positions being requested of a recount expressed
in percentage.
6. When the “30 Full Voting Rights” are in place
two good things will occur. …. (1) All political
parties, campaigns, individuals, etc can promote their
choices on the ballot without interference from government
(fed, state, local). … And, (2) all voters will have
an election system that honors their “30 Full Voting
Rights” without interference from government, political
parties, campaigns, candidates, individuals, etc.
Thanks and Good Luck
Frank Henry
Full Voting Rights Advocate
Cottonwood, Arizona
Tel: 928-649-0249
e-mail: fmhenry4@netzero.com