Court Hearing for TRO to Stop Pima Co From Destroying Ballot Images 8.30.16

Court Hearing for TRO to Stop Pima Co From Destroying Ballot Images 8.30.16 from Youtube by AUDITAZ, 139 views

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Arizona Lawsuit Seeking to Protect Elections Data to Commence on Tuesday 8.30.16 The legal fight to preserve election ballot images is ironically scheduled to commence on election day, this Tuesday, August 30th at 10:00 AM. All are encouraged show support by attending the hearing at: Pima County Superior Court , Judge Richard Gordon's Courtroom #568, 110 W. Congress St., Tucson, AZ. Federal and state laws should have kept Pima County from destroying key elections data, but it took a lawsuit by Richard Hernandez, Rocky De La Fuente and AUDIT AZ to keep them from continuing this practice, at least for the time being. The lawsuit seeks a temporary restraining order: “…prohibiting Pima County from deleting or destroying any Ballot Image Files generated in Tabulating early ballots submitted by voters in the August 30 Primary, and granting such other relief as the Court deems just under the circumstances.” Last fall, new voting machines were introduced to a number of Arizona counties, including Pima. These machines are called ES&S DS850’s and, like others, they have a very helpful auditing feature that involves graphically scanning the ballots while they’re being counted. A ballot image is made from each physical ballot that is run through the machine. The physical ballot is marked with a serial number and the resulting ballot image is encrypted with that same number. The ballot images are what the machine actually uses to count with, so it becomes an integral part of the ballot chain-of-custody. The lawsuit was initiated after Pima County’s Election Integrity Commission learned that their eight months of deliberation over the predicament of ES&S ballot images was futile because Pima County Elections had already deleted the images including those belonging to this year’s federal primary election. Federal law requiring retention of election materials provides a penalty of up to $1,000 fine and one year in jail for premature destruction of that material, was formerly 42 U.S.C § 1974, is now 52 U.S.C § 20701. As AUDIT AZ Co-Founder John Brakey says, “Have you ever seen any other public official other than an elections official destroy automatically created records and refuse to verify their work?” Approximately 40% of the machines used to count ballots in the United States generate ballot images. This lawsuit is important because it’s the first act in a growing movement advocating constructive use of ballot images as a means for verifying the vote in the general election. Watch the Wisconsin Grassroots Network as they demonstrate how ballot images can be used to verify elections: (NEW) PIMA COUNTY’S RESPONSE TO PLAINTIFF’S APPLICATION FOR TEMPORARY RESTRAINING ORDER AND MOTION TO DISMISS filed 8.29.16 Complaint: Hernandez Vs Pima County Elections Link to Public Records Request to Pima County Elections that started the suit: Link to letter to Huckelberry from Chair of PCEIC Tom Ryan Ph.D. sent 8.23.16: To learn how you can help improve election transparency, please Visit According to Pima County’s attorney Daniel Jurkowitz, who filed a brief late Monday, that logically it shouldn’t be legal to Vote by Mail. Which happens to be 85% of the vote. Jurkowitz job is to make sure that these ballots images never see light of day and are destroyed. God forbid if ‘We the People’ had transparent and verifiable elections. Additionally, how do you spend close to $ 800,000 on a good election system and then destroy its built in audit system? Why? Is it because someone wants to protect the right to cheat with impunity now and in future elections? Excerpt: Mr. Jurkowitz wrote: “Public records may be withheld from a public records request where the best interests of the government and the people justify nondisclosure. The Arizona Legislature has even criminalized the showing of a voted ballot to any person so as to reveal the contents. All voted ballots are securely retained “unopened and unaltered” for a specific period of time after an election. Ballots may only be brought out in public upon a court order in the specific context of a mandatory recount or election contest under A.R.S. § 16-624(D). If a ballot image copy were released to the public, it would accomplish the same thing as showing the voted ballot as to reveal the contents and could potentially subject Pima County employees to criminal liability. While it is true that a ballot does not directly identify the voter, there are scenarios that can lead to identification of the voter and enable election fraud and intimidation...."