RTA Ballot Case back in court tomorrow Friday August 28th
Bill Risner Will Ask Judge Harrington for Stay to Preserve Ballots During Appeal.
Attend Hearing Friday August
Pima County Superior Court
110 West Congress,
Judge Charles Harrington’s Court room- 4th floor, room 472.
The Hearing topic is the Pima County Republican Party's Motion for Judgment on the Pleadings. The lawsuit is Beth Ford v. Democratic Party of Pima County that also includes the Libertarian and Republican Parties and the RTA. It is a Declaratory Judgment action where Beth Ford, Pima County Treasurer and custodian of the RTA ballots, has asked the court for "direction" as to whether she is required to destroy the RTA ballots.
The Democratic Party through their attorney Bill Risner, and the Libertarian Party, will ask the judge to "stay" his order until we appeal his earlier decision where he claimed that Arizona courts did not have subject matter jurisdiction to consider allegations of fraud in any election. Basically, the only issue that will be of interest is the decision on the stay question. The legal issue is extremely important but would be moot if the ballots were destroyed.
What’s At Stake
The real issue is whether our courts have any role in guaranteeing honest elections.
Judge Harrington ruled that he is unable to consider that an election was rigged. The procedural ruling said that the court did not have jurisdiction of the very subject. It was assumed for the decision that the election was fraudulent and the result "rigged" to give a false result. Nonetheless, the Judge said Arizona's courts could not hear or consider such a case. He said that a voter has five days only to challenge an election after the election canvass is approved. It is impossible to challenge an election within five days because a challenge must allege specifics that prove the outcome was actually different. Such evidence can never be obtained.
If proof is obtained, like for instance a sworn statement that the computer operator had been ordered to rig the election and did so, the court is nonetheless powerless to consider it. That is an unacceptable situation in a democracy, whether in Arizona or anywhere in the world. We want to appeal. An appellate court needs to rule on this issue. We think it is clearly wrong. If correct, we want it in writing from an appellate court that our courts are powerless to consider fraudulent elections. That is the issue. If the ballots are burned then a court of appeals could not consider the case.
We are seeking “prospective relief” so they cannot cheat in the future. However, history tells us there are many ways to cheat and if more ways are found we need to have the courthouse doors open to right the wrong. This case is as fundamental as it gets.
Add to this all the other problems previously exposed, documented and yet not answered leaves the public questioning whether our votes are being secured and accurately counted in Pima County. The previous case in Judge Miller’s court room proved that Pima Count’s voting system is “Fatally Flawed”. When counting and processing of the ballots is concealed from the public, the only solution is transparency, transparency and more transparency at all times, not election theater.
Yes, voting is a secret process; however counting and verifying our vote must be a public process. That’s why the solution we are working towards is graphic scanning of ballots as done in Humboldt County in California. Link: http://humtp.com/index.html
John R Brakey
Co-founder of AUDIT-AZ (Americans United for
Democracy, Integrity, and Transparency in Elections, Arizona) &
Co-Coordinator Investigations for Election Defense Alliance http://www.electiondefensealliance.org/about_john_brakey
5947 S Placita Picacho El Diablo
Tucson, AZ 85706
New Cell 520 339 2696
AUDIT-AZ and EDA is a nonpartisan organization whose mission is to restore public ownership and oversight of elections, work to ensure the fundamental right of every American citizen to vote, and to have each vote counted as intended in a secure, transparent, impartial, and independently audited election process.
Additional Background and links are in the PDF file link provided at the top of this page.