Arizona's Katherine Harris ordered to appear in court!

Jan Brewer in the hot-seat for electoral shenanigans!

Help out with this important lawsuit!!

From Dave Griscom:

A right-wing Republican Secretary of State has actually been ordered to appear in court for failure to perform her duty vis-à-vis assurance of fair and reliable elections!!!

We have heard that the lawyer who filed the case, Bill Risner, has no fear of not being paid. His view is that Brewer’s illegalities are so well documented that the plaintiff (Tom Ryan) can’t lose, while Arizona’s mandamus action laws automatically award legal — and research — expenses to any party that “.prevails by an adjudication on the merits in a civil action brought by the party against the state.”

Below is a press release issued Friday, 7 October 2005. Attached is an html copy of same with hyperlinks added by John Brakey, followed by the actual lawsuit (also with hyperlinks by John) and materials referenced in the lawsuit, plus some ancillary materials.

Our group, AUDIT AZ, catalyzed this suit. It was John Brakey who discovered on the web the vulnerability of the 1.94w memory card used in so many Diebold optical scanners last November. Tom Ryan took over from there when John told him about it.

Since last November AUDIT and Tom Ryan have been in constant communication. But we arrived at a tacit understanding that we should have no official affiliation. That way Tom, who is less given to conspiracy theories, can maintain himself and his outfit, Arizona Citizens for Fair Elections, as a separate, less-biased persona. Now that he is the plaintiff in this case, AUDIT is in the peculiar position of wanting to publicize Tom’s suit without conferring with him. And clearly publicity is something that we dearly want to get.

We are laden with materials but for the moment we’re on our own to devise blogs and blasts. How best to compose them? What kind of things should we say, and what should we avoid saying?

Can you advise us?

We are (still without funding) trying to obtain a meeting hall or hotel ballroom to re-present to the general public the PowerPoint presentations that State Representative Ted Downing, Tom, and I presented to the Democratic State Committee in Flagstaff on August 20th. (Mine is an evolution of my presentations at the Nashville and Houston election reform hearings.) The date we have in mind is the 18th, the evening of Brewer’s hearing. Would you be interested in speaking too at that time (and maybe do a book signing)? Do you have any funding that could help pay for the meeting room?

Help! I’m only a retired physicist and John Brakey is momentarily broke.

—– Original Message —–
From: Bill Risner
To: john R Brakey
Sent: Friday, October 07, 2005 2:07 PM
Subject: Jan Brewer Ordered to Appear in Court

Press Release:
Secretary of State Jan Brewer ordered to appear in court for failure to perform duty to adopt voting equipment decertification standards. Secretary of State Jan Brewer has been ordered to appear in Pima County Superior Court on October 18, 2005 at 9:00 am to explain why she has not complied with Arizona law that requires adoption of voting system decertification standards. This order is the result of a Complaint for Special Action filed on October 6, 2005 for plaintiff Thomas W. Ryan, head of Arizona Citizens for Fair Elections. A.R.S. §16-442C states “the secretary of state shall adopt standards that specify the criteria for loss of certification for equipment used at any election for federal, state or county offices and that was previously certified for use in this state.” In response to a public records request, State Election Director Joseph Kanefield, in a letter to plaintiff dated September 9, 2005, stated that “based on a review of our records we do not have any of the specific records you request.” It is clear that the secretary of state has not complied with the statute.

With Arizona lacking standards for loss of certification, there is no criteria for determining that voting equipment should be evaluated for failure to accurately count every vote, as required in A.R.S. §16-446B(6). In a close September 2004 Republican primary election in LD20, optical scanners in Maricopa County produced a significantly different result when ballots were recounted; the recount resulted in nearly 6% more absentee votes read from the same set of ballots. The inability of these machines to repeat the count within a reasonably small error is convincing evidence that either; a) the ballots were mishandled between the original count and recount, or b) the machines malfunctioned. Election officials claim the ballots were handled properly. If this is the case, the machines are defective, yet Maricopa County has used them in subsequent elections. The optical scanners in Maricopa County use antiquated technology and should have been replaced or upgraded long ago, especially since similar equipment behavior was observed in the 2002 LD11 Republic State Senate primary election recount. The fact that there are no standards for decertification of the machines allows the County to continue to employ defective vote-counting machines.

The Secretary of State’s standards for decertification should include standards for equipment performance based on the most recent federal voting system standards and should provide a means by which Arizona voters can require that the machines be evaluated by an independent laboratory.

David L. Griscom
Residence: San Carlos, Sonora, Mexico (not mailing address)
We receive snail mail sent to the following address:
3938 E Grant Rd #131
Tucson, AZ 85712-2559
Phones in Mexico:
52 622 226 1495 (Mexico country code = 52)
1 520 829 4601 (VoIP: This is a U.S. domestic call)

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