Hour 1 - John Brakey (Election Nightmares) provides an update on election fraud and ballot imaging; Also, SB1094
Hour 2-3 - Dr. Phranq Tamburri in studio to give The Trump Report
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|Feature Article • Global Edition
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March 23rd, 2017
Declare Your Independence with Ernest Hancock
on LRN.FM / Monday - Friday
9 a.m. - Noon (EST)
Studio Line: 602-264-2800
John Brakey is a co-founder of AUDIT-AZ (American's United for Democracy, Integrity,and Transparency in Elections, Arizona) and Special Task Force leader for Citizens Oversight for Verifiable Elections
John's previous interviews on the Declare Your Independence with Ernest Hancock Radio Show:
Bill History for SB1094
Sponsors GRIFFIN P BROPHY MCGEE C
Keywords REPEAL, UNIFORM FIDUCIARES ACT, TRUSTS, ESTATES AND PROTECTIVE PROCEEDINGS, ELECTRONIC DATA, DIGITAL IMAGES, ELECTIONS AND ELECTORS, BALLOTS
Sections Affected 16-625
Short Title uniform fiduciaries act; repeal
NOW Title ballots; digital images; electronic data
Pending Title S/E: ballots; digital images; electronic data
Senate Committees Assigned Date Committee Report Date Action Vote
1/17/2017 JUD 2/9/2017 DPA/SE 7-0-0-0-0-0
1/17/2017 RULES 2/13/2017 PFC 0-0-0-0-0-0
Senate First Read 1/17/2017
Senate Second Read 1/18/2017
Minority Caucus 2/14/2017 Yes
Majority Caucus 2/14/2017 Yes
Senate COW #1 Date Ayes Nays NV Exc Vac Emer Amended RFE RFEIR 2/3 Vote Action
2/16/2017 0 0 0 0 0 DPA
Amendments JUD (ref Bill) adopted
Senate Third Reading Date Ayes Nays NV Exc Vac Emer Amended RFE RFEIR 2/3 Vote Action
2/21/2017 30 0 0 0 0 Yes PASSED
Transmit to House 2/21/2017
House Committees Assigned Date Committee Report Date Action Vote
2/22/2017 GOV 3/2/2017 DP 5-3-0-0-0-0
2/22/2017 RULES 3/13/2017 C&P 9-0-0-0-0-0
House First Read 2/22/2017
House Second Read 2/23/2017
Consent Calendar 3/13/2017 Object No
Majority Caucus 3/14/2017 Yes
Minority Caucus 3/14/2017 Yes
Dear Senators and Representatives of the great state of Arizona: Open Letter - Date 3/21/2017
Please stop or amend SB1094. Ballot imaging represents "unavoidable/inevitable technological innovation." Don't let them suppress this advancement in making Elections Transparent, Trackable and Publicly Verified.
As you may know we are in litigation against Pima county working to make ballot Images a public record an order to make Elections Transparent, Trackable and Publicly Verified. Pima county new election system produces ballot images and uses these images to count our votes.
We are now in the 2nd round of that litigation. In the 1st round we won, the court ruled that the ballot images are part of the chain of custody, they are a public record cannot be destroyed. Link to judge order below #6: https://drive.google.com/open?id=0B2TKmkSNAkCfVjZhWC1xVkh0WjA
Attorney for 49 years, Bill Risner in September of 2016 wrote: "all records are public records. The legislature created A.R.S. 39-121, which clearly defines what is public record and has remained unchanged since statehood. There is no question that those images are public records. The only argument relates to whether or not there is a legal basis for not disclosing them despite the fact that they are public records. The county must either find a statute that prevents disclosure or make an argument under the "Carlson Case" which would presume that the board could not carry out their job if the public obtained copies of the images. If they have such an argument, they should fork it over."
Pima County is in such a lawsuit that the only way they can prevail is to create new legislation to support their position.
Pima County manager Chuck Huckelberry and his crew are playing a scam, the legislature is on the verge of passing the following in SB1094 that will become a new statute ARS 16-625 and we knew nothing of this until late Friday afternoon. We believe that legislators are being manipulated with this striker bill SB1094 and don't understand what impact this will have on our litigation and ultimately on the trust worthiness of the vote.
Link to Senate striker bill SB1094 and status: https://apps.azleg.gov/BillStatus/BillOverview/68730
• 16-625. Electronic data and digital images; ballots; security
THE OFFICER IN CHARGE OF ELECTIONS SHALL ENSURE THAT ELECTRONIC DATA FROM AND ELECTRONIC OR DIGITAL IMAGES OF BALLOTS ARE PROTECTED FROM PHYSICAL AND ELECTRONIC ACCESS, INCLUDING UNAUTHORIZED COPYING OR TRANSFER, AND THAT ALL SECURITY MEASURES ARE AT LEAST AS PROTECTIVE AS THOSE PRESCRIBED FOR PAPER BALLOTS.
This language is also found on link 08 Defendant (Pima County) reply Motion for Judgment on the Pleadings on December 7, 2016: https://drive.google.com/open?id=0B2TKmkSNAkCfaDRMWURBOXRLYWc
Excerpt from page 3 line 20: "The Court should order that, until such time as ballot image retention is expressly addressed by the Arizona Legislature, the Secretary of State by way of regulation, or the Arizona Department of Library, Archives, and Records by retention schedule, the ballot images should be treated exactly the same as voted ballots, and the copies should be placed in ballot boxes to remain unopened and unaltered pursuant to A.R.S. § 16-624."
"We the People" demand that Elections Are Transparent and Publicly Verified. These ballot images should be put on line by precinct and the public should have the right to verify and then use Dr Philip Shark method of "Risk Limiting Audits" and then verifying a few images against the original ballots.
Pima County's new system was designed and Federally certified to perform these functions.
1. create ballot images by scanning the actual ballots,
2. mark the actual ballots with numbers to match encoded corresponding ballot images and then,
3. count the ballot images to get its vote totals, and,
4. uses the ballot images to create a Cast Vote Record (CVR) trackable audit trail that tracks every ballot and all votes cast.
All of these good audit features verifying elections were dismantle or not being used. WHY?
Because they're protecting their right to cheat now or in some future election, especially bond elections. One was the RTA Bond election of May of 2006, we litigated that for 9 years. The 2nd was the failed Bond Elections of 2015 which AUDIT AZ caught them breaking and entering into the Election Management System after the EMS was sealed by the political parties after performing the final required by law logic and accuracy test of the ballot counting system and EMS and then lied, we have it on film.
From what we can see, they must be working through SoS Reagan and her state election director Eric Spencer. I suspect Spencer is communicating with Huckleberry crew. They are running this bill as innocuous housekeeping type bill.
Very few people outside of Pima Co EIC and AUDIT AZ know about ballot images, 11 of 15 counties now have this great feature.
AUDIT AZ's attorney, Bill Risner passed a resolution making this issue a party plank at the AZ Democratic Party on Jan 23, 2010. This report tells it like it is from a seasoned attorney with 49 years of experience on how bad the election systems is and the solution of ballot Images. It's a must read: <http://www.velvetrevolution.us/electionstrikeforce/ArizonaDemResolution2010.pdf>
Video by John R Brakey; Stop SB1094 - Make Elections Transparent, Trackable and Publicly Verified.: https://youtu.be/HyeBazMs1fE
YES, Democracy does depend on what we do. Please Stop or amend SB1094
John R Brakey, & Arlene Leaf, Co-founders; Americans United for Democracy Integrity and Transparency - AUDIT-Arizona
5947 S Placita Picacho El Diablo
Tucson, AZ 85706
520 339 2696
520 400 5061
Our main site: www.ElectionNightMares.com
Brakey personal: https://www.facebook.com/john.r.brakey
Old sites: www.RiggedNoMore.com
Old sites: http://seekingjusticeauditaz.blogspot.com
Old site: http://audit-az.blogspot.com
Real old site started in 2005: http://auditaz.blogspot.com
Court Filing in order in said case.
01 Plaintiff Hernandez v Pima County Application for TRO Court Copy 8.24.16 https://drive.google.com/open?id=0B2TKmkSNAkCfZURZV1BwQXF2b2c
02 Plaintiff Hernandez v Pima County Verified Complaint Court Copy with Ex A 8.24.16 https://drive.google.com/open?id=0B2TKmkSNAkCfUUJMelhkSldSbkk
03 Def Pima County Response to Richard Hernandez Election Ballot Image case 8.29.16 https://drive.google.com/open?id=0B2TKmkSNAkCfTXJHOXdxTE0zcTA
04 Plaintiff Response to Def Motion to Dismiss 9.21.16 https://drive.google.com/open?id=0B2TKmkSNAkCfQmJpR3FHWWsyb00
05 Def County Reply Brief with Exhibits on 10.7.16 https://drive.google.com/open?id=0B2TKmkSNAkCfUnQ0bG54N1luXzQ
06 is Judge Gordon Ruling Images are a Public Record 10.14.16 C20163926: https://drive.google.com/open?id=0B2TKmkSNAkCfVjZhWC1xVkh0WjA
"07 Plaintiff Second Amended Complaint about getting ballot images 10.25.16": https://drive.google.com/open?id=0B2TKmkSNAkCfdldfX0NSekw5Mnc
08 Def reply Pima Co Motion for Judgment on the Pleadings 12.7.16: https://drive.google.com/open?id=0B2TKmkSNAkCfaDRMWURBOXRLYWc
09 Def Reply Pima County Answer 12.7.16: https://drive.google.com/open?id=0B2TKmkSNAkCfNDlfdmtXSURzN2c
10 PLAINTIFF OBJECTION TO PIMA CO MOTION FOR JUDGEMENT ON THE PLEADING 3.03.17: https://drive.google.com/open?id=0B2TKmkSNAkCfOEJwVElSUnE3aXM
11 Def Reply to Motion for Judgment on the Pleadings 3.16.2017: https://drive.google.com/open?id=0B2TKmkSNAkCfSGhDakdfWU1KdDA
12 Plaintiff OBJECTION TO MOTION TO STRIKE & CROSS MOTION FOR ORDER GOVERNING SCHEDULING & DISCOVERY 3.17.17: https://drive.google.com/open?id=0B2TKmkSNAkCfQ2ZRdHJkanhiZkk
Video of Court Proceeding By John Brakey ED of AUDITAZ 10.15.16
Video of 1st Court Hearing from Aug 30th, 2016: https://youtu.be/aVFHWYKbzzI
Video of 2nd Court Hearing Oct 14th, 2016: https://youtu.be/g4HoUMP-fzI
Next Court hearing is May 8, 2017
EX 00 PCEIC Chair Tom Ryan to BOS & Huckelberry on Ballot Images and CVR 8.23.2016: https://drive.google.com/open?id=0B2TKmkSNAkCfYjF0bzQtbVRHUjQ
Hi John, It's a big document and it explains the DS200 and DS850: See page 22 !!: https://sfgov.org/elections/ftp/uploadedfiles/elections/rfi/20150828_ES%26S.pdf
Creates and facilitates the posting of ballot image files on the Department's website so that members of the public can tabulate the same vote information that the Department uses when tallying the official results.
Collects and then converts the election information in a manner that facilitates the Department's ability to provide reports in data formats and styles requested from other agencies, the media, and members of the public.
ES&S RESPONSE: All data can be exported from the system in XML and CSV format and provided to other agencies, media and members of the public.
I hope this can help your lawsuit.
"Hacking Democracy" the Movie that was on HBO
From Page 22
"A logic and accuracy test only shows that the machines are working right at that moment." Retired after 37 years with NSA, Master programmer Mickey Duniho: Video from Court: https://youtu.be/R4_qNCATt6Y
Arizona - Verify Vote by Mail is Not Hacked! Duniho & Brakey at PCBOS: https://youtu.be/4y2wBXZ9R8c
Please watch this short video of 8 minutes, gives the best overview, and is right on the money in every respect, when it comes to electronic voting --- be it via touch-screen computers, or paper ballot optical-scan systems. https://youtu.be/w3_0x6oaDmI
Hour 2 - Dr. Phranq Tamburri in studio to give The Trump Report
Dr. Phranq Tamburri: http://www.longevitymedical.com/
Phranq's previous interviews on the Declare Your Independence with Ernest Hancock Radio Show:
PHRANQ BIO - Dr. Phranq Tamburri is a naturopathic physician specializing in men's health with a sub-specialty in prostate cancer. In tandem to these fields, Dr. Tamburri treats male hormone deficiency, low energy, and sexual performance. Although naturopathic medicine is a specialty in itself, Dr. Tamburri has garnered recognition as an expert in the field of prostate cancer assessment, diagnosis, and treatment; each of the preceding from a balanced natural and allopathic perspective. His training in this area has been varied and wide in scope. As Chief Resident from his Alma Mater, he trained under Mayo trained urologist Bernard Gburek, M.D. at Scottsdale North Hospital while at the same time apprenticed under CMO and Physician of the Year Thomas Kruzel, N.D. who specialized in natural urology. Dr. Tamburri later was director of the Men's Health Clinic at his local teaching clinic. Currently he is long term professor of Clinical Urology at the Southwest College of Naturopathic Medicine and also sits as a member of the AZNMA and is the only naturopathic physician on the AZ State Funded SW Prostate Cancer Awareness Council. Dr. Tamburri has been published in this area along with multiple lectures to fellow physicians at yearly professional conventions. Recently he has been asked to serve as expert witness for the State of Arizona Board of Medical Examiners with regard to the management of natural prostate cancer assessment and treatment.
Dr. Tamburri, on his limited down time, loves to study Early American and World History in both didactics and in travels. He has taught inline skating for many years, hikes often with fellow doctors, and recently began pursuit as a poi practitioner!