This court action makes it clear what the problem is and offers the Arizona Supreme Court an opportunity to help eliminate Election Fraud in Arizona (no giggling).
I have been before the Arizona Supreme Court 3 times before since 1993 and to think that the Supreme Court isn’t a ‘political’ body is to not understand Arizona Politics.
In 2 and a half weeks a crucial deadline will have passed for this new law that requires a Hand Count of 2% of Arizona’s Ballots. Jan Brewer as Secretary of State has no intention of allowing a hand count of elections in the 2006 election cycle even though this law passed almost unanimously in the House and Senate and was signed as emergency legislation by Arizona’s Governor, which immediately put this law into effect.
Only a few months ago the FBI swooped into Arizona and took ballots that were about to be subpoenaed by the Arizona State Senate for a manual count. These ballots of a legislative race where election fraud was suspected will never be seen again and no word of them has come from the FBI (how they had any jurisdiction is another question).
SB 1557 was introduced by conservative Senator Karen Johnson. The bill died a thousands deaths but was resurrected time after time in the face of severe and steady opposition from the “Election Industrial Complex”. Election Integrity activist from across the nation and across the political spectrum worked together to make sure the concept of verifying the election computer results would not die.
But with final passage of the bill I knew that there was no way the evil empire of… would ever allow for a hand count. I was right. This lawsuit is an effort to encourage the Arizona Supreme Court to demand that this law be implemented. Sounds silly to those that are not familiar with how government is really used, by whom and for what purpose.
The deadline of August 12th will have come and gone and Jan Brewer will have complied or not.
The Arizona Supreme Court has the power to do what it wants. Either it will take the case or it will not. No one (certainly not the Supremes) will argue that they don’t have the power to rule on this case. Almost a month has passed and nothing has been done to comply with the deadline of August 12th (explained in the Special Action). Only 17 days are left and we will find that any and everything will be done and/or _not_ done to make certain that no hand count validation of the election computers is done.
This I know, and it is this fact that I hope to demonstrate (then again, they might abide by the law and I’d be wrong :)
5739 N. 11TH WAY
PHOENIX, AZ. 85014
SUPREME COURT OF THE STATE OF ARIZONA
Petitioner, CASE NO.CV-06-0252-SA
JAN BREWER – Arizona Secretary of State SPECIAL ACTION PETITION
1. That, as provided in Rule 3 of the Rules of Procedure for Special Actions and Article 5 Section 1 Paragraph C of the Arizona State Constitution: “C. The officers of the executive department during their terms of office shall reside at the seat of government where they shall keep their offices and the public records, books, and papers. They shall perform such duties as are prescribed by the constitution and as may be provided by law.” The Respondent has blatantly and severely ignored the clear language of Senate Bill 1557 signed into law as ‘emergency legislation’ June 28th of 2006 by then Governor Janet Napolitano and will continue to do so without direct intervention of this court.
2. Arizona Revised Statute 16-602 Paragraph L: “The vote count verification committee is established in the office of the Secretary of State and all of the following apply: 1) At least thirty days before the 2006 Primary Election, the Secretary of State shall appoint seven persons to the committee, no more than three of whom are members of the same political party.”
3. That by not appointing this Verification Committee by the August 12th deadline detailed in ARS 16-602, the law will not apply to the 2006 Primary or General election as required by law.
4. On or about July 14th Petitioner met with Deputy Secretary of State Kevin Tyne to discuss the implementation of ARS 16-602 (see attached declaration of Ernest Hancock appendix page 1). Mr. Tyne explained to Petitioner that no effort would be made to comply with the statute until the United States Department of Justice approved of the legislation.
5. Arizona Secretary of State must follow the Arizona State Constitution and comply with Arizona Law.
6. That should The United States Department of Justice’s approval be ruled as a requirement, the inaction of Secretary of State Jan Brewer would not allow for the timely creation of a Verification Committee even if that approval were to take place prior to the August 12th deadline set by ARS 16-602.
7. This court should take jurisdiction as it involves an issue of vital statewide concern. ARS 16-602 represents the desire of the People, through their Representatives, to insure an accurate vote count so that political power is known to be derived from the consent of the governed.
8. Arizona State Constitution – Article 2. Political power; purpose of government Section 2. “All political power is inherent in the people, and governments derive their just powers from the consent of the governed, and are established to protect and maintain individual rights. “
9. As a condition of statehood the Arizona Constitution was required to be constructed in a manner that would prevent the Arizona government from infringing on the individual rights of people in the State of Arizona. And for the government of Arizona to be the defender of those individual rights, and certainly not be destructive of them. The Enabling Act requires that in the new state of Arizona, “The constitution shall be republican in form and make no distinction in civil or political rights on account of race or color, and shall not be repugnant to the Constitution of the United States and the principles of the Declaration of Independence.” (ENABLING ACT June 20th, 1910, c. 310, 36 U.S. Stat. 557, 568-579 Section 20, paragraph 1)
10. The Enabling Act required the Arizona State Constitution not be repugnant to the Declaration of Independence. The Declaration of Independence holds that the purpose of government is to secure our rights. “We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness.--That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed, --That whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it, and to institute new Government, laying its foundation on such principles and organizing its powers in such form, as to them shall seem most likely to effect their Safety and Happiness.”
11. Arizona’s Constitution meets the conditions set forth by the Enabling Act very well. Arizona’s Declaration of Rights makes it very clear that the foundation upon which the government in Arizona is built is the preservation of individual rights. To abandon this function is to abandon the justification of the existence of the government in the State of Arizona, since it would no longer serve the function for which it was created.
12. ARS 16-602 is a step toward the fulfillment of the requirement that elections accurately represent the consent of the governed.
13. The alternative to manual validation of the election computers in the State of Arizona is to allow a growing lack of confidence in the accuracy of the elections and thereby eliminating the clear consent of the people of Arizona to be governed by a government unwilling to ensure accuracy in elections.
Arizona State Constitutional citations:
Article II – Declaration of Rights
1. Fundamental principles; recurrence to
Section 1. A frequent recurrence to fundamental principles is essential to the security of individual rights and the perpetuity of free government.
2. Political power; purpose of government
Section 2. All political power is inherent in the people, and governments derive their just powers from the consent of the governed, and are established to protect and maintain individual rights.
WHEREFORE: Petitioner respectfully request that this court:
A) Accept jurisdiction of this Special Action.
B) Order the Secretary of State, Jan Brewer, to comply with ARS 16-602 in a timely manner so that the law applies to the 2006 election as intended.
C) Award Petitioner court cost and fees incurred for the prosecution of this action. And such other and further relief deemed just and proper by this court.
Respectfully submitted this 25th day of July, 2006, by:
5739 N. 11th Way
Phoenix, Az. 85014
RULE 7b PETITIONER STATEMENT
The Special Action filed by Petitioner this 25th of July 2006 is of vital state
interest. Emergency Legislation signed by the Governor of Arizona June 28th, 2006 (SB 1557) requires immediate action by the Arizona Secretary of State. Statements by Kevin Tyne, Deputy Secretary of State confirms Petitioner’s fear that no action will be taken to comply with crucial deadlines within 17 days.
A P P E N D I X
Copy of SB 1557 signed into law as an
(Attached in full)
DECLARATION OF ERNEST HANCOCK
I, Ernest Hancock, am the Petitioner in the above captioned action.
On or about July 14th, 2006 I, Ernest Hancock, met with Arizona Deputy Secretary of State, Kevin Tyne. Mr. Tyne informed me that no effort was being made to comply with ARS 16-602 and that deadlines set for August 12th, 2006 would not be met.
I, Ernest Hancock, declare, under penalty of perjury that the foregoing is true and correct.
Date executed ____07-25-2006____ ______________________________
5739 N 11th Way
Phoenix, Az. 85014
CERTIFICATE OF SERVICE
Ernest Hancock certifies:
That on the 25th, day of July, 2006, he delivered the original and seven copies of this Special Action #_______________________________ to:
Clerk of the Arizona Supreme Court
1501 West Washington
Phoenix, Arizona 85007
And personally deliver two copies to Respondent:
Jan Brewer – Arizona Secretary of State
1700 West Washington Street – 7th Floor
Phoenix, Arizona 85003
STATE OF ARIZONA )
County of Maricopa )
SUBSCRIBED AND SWORN to before me this date:__________
My Commission Expires: