The AP has finally noticed the long-sought criminal investigation ballot count of the 2006 Pima County (Tucson), AZ, special election. State Attorney General Terry Goddard's hand-count of the disputed Regional Transportation Authority (RTA) election was concluded, at least for now, in Phoenix on Wednesday. That's when AP filed its report on the matter that we've been covering here at The BRAD BLOG in a number of special reports and exclusives, in great detail, this week, last week, and for several years prior.

AP's coverage was fairly cursory (recent inside joke: AP didn't report who the AG's office had found to be the "leading vote-getter"), but it hit a few points worth noting, including one of the key take-aways from the entire, epic morality tale still playing out on behalf of the entire U.S., in Arizona:

There you have it. That's why this story matters, and why it's far more than simply a "local story."

It also matters on a still-broader level because, even if the 2006 Tucson RTA election wasn't rigged --- and it's three years on, and nobody yet actually seems to know for certain --- due to the god-awful, privatized, untested, hackable, oft-failed, secret vote-counting machines we now use in our public elections, it's become virtually impossible to know if any elections counted on such machines were accurately tabulated.

AP notes that Goddard seems to finally be understanding that larger point, at least:

The Arizona Republic's Dennis Wagner pulled some details from AP's cursory coverage and augmented it substantially for more lengthy, detailed coverage filed on Wednesday as well, which we're happy to see and recommend.

In a related note: Tucson election integrity advocate John Brakey saw charges against him dismissed by a judge today, following his arrest ordered by Pima County election officials last year during a state-mandated, post-election hand-count --- a statutory mandate that likely would not have existed were it not for Brakey's advocacy for such post-election "audits."

The county's case against him was so bad Brakey wasn't even required to put on his own defense before the judge dismissed the case entirely after hearing the county's testimony. The recent criminal investigation hand count carried out by Goddard, and all of the issues discussed above, would also likely never have come to light in Arizona, had it not been for the tenacity, courage, and tireless determination of Brakey. Exclusive details on today's dismissed charges against him posted earlier here...

[Updated at bottom of article with video of trial testimony and the judge's dismissal of the case.]

Along with everything else that's been going on over the past week or two in the criminal investigation hand count of the 2006 Pima County (Tucson), AZ, special election (see our detailed special coverage here and here, with a bit of followup coming tonight, by the way. [UPDATE: Here's that late report.]), local election integrity watchdog John Brakey has had a trial of his own to contend with this week, following his arrest last September, while serving as an official observer during a post-election hand-count "audit" of the state's primary election on behalf of both the Democratic and Libertarian Parties.

As The BRAD BLOG reported at the time, Brakey had noticed that a number of ballot bags, selected for the hand-count, had missing or broken security seals on them. When he asked about them, he was promptly arrested on the orders of Pima's "Election Director Gone Wild" Brad Nelson, a Republican and long-time foe of Brakey's.

The case against Brakey, heard in court this afternoon, was dismissed by Judge Luis Castillo after the county presented its evidence on the charges of "trespassing," as we were informed today by Brakey and his attorney Bill Risner, who wouldn't even need to plead their own case to the judge today...

-- Brad Friedman, A BRAD BLOG Special Report

In a letter written to the Arizona Attorney General's office on Monday, as obtained by The BRAD BLOG, the attorney for the Pima County (Tucson) Democratic Party has expressed a concern that thousands of ballots from a disputed 2006 special election, which should be in the AG's possession, may instead be "missing".

"Many thousands of ballots that should be in the ballot boxes in your possession don't exist," attorney Bill Risner writes in the 3-page letter [PDF] to Donald E. Conrad, Chief Counsel of the Criminal Division at the office of state Attorney General Terry Goddard. The alarming allegations come as the second week of an extraordinary hand-count of paper ballots, part of a criminal investigation into the '06 election, continued in Phoenix on Monday.

A spokesperson from the Attorney General's office says she believes the count will be concluded on Wednesday, though that could change. It was originally scheduled to conclude last week.

The AG is conducting a criminal investigation into allegations that that election may have been electronically manipulated by election official insiders. The special election created Tucson's Regional Transportation Authority (RTA) in May of 2006, and funded it with a joint bond measure to the tune of $2 billion over ten years. The Pima Democratic Party had endorsed the two RTA ballots questions in the election, but they now question the legitimate success of the measures. They've been bringing court cases to access ballot materials, and have been demanding a hand-count of the ballots for a number of years. Similar RTA initiatives had failed in four previous elections before they were finally passed in 2006.

"If we are correct," Risner wrote in his Monday letter to the Attorney General's office, concerning the absence of as many as 19,000 paper ballots, as estimated by observers of the counting in Phoenix, "the question arises as to what happened to those ballots." The latest mystery adds still more fuel to the already high-stakes, long-sought hand-count, and raises new questions in the nearly three-years long investigation into the 2006 election results.

If the ballots are indeed missing, did they ever actually exist? Was the Diebold electronic ballot box stuffed? Have ballots been surreptitiously removed by someone for some reason? Or have observers miscalculated the number of ballots being examined? The AG's Press Secretary Anne Titus Hilby tells The BRAD BLOG she's aware of the allegations of missing ballots but could not speak to that point in any more detail "until the examination is concluded"...

We wrote late last week, in some detail, about Arizona AG Terry Goddard's long overdue hand-count of paper ballots from the dubious 2006 Regional Transportation Authority (RTA) bond special election in Pima County (Tucson). The count of all 120,821 paper ballots from the election begins today in Phoenix as part of a criminal investigation, following years of allegations and court cases, in which a trans-partisan group of Election Integrity advocates in Tucson have sought transparency and public oversight following indications that Diebold tabulator databases may have been manipulated by election insiders.

Goddard's restrictions on political party observers --- just one per party, selected by the AG, not by the parties themselves --- was the cause of criticism by all of the involved parties (Republican, Democratic, Libertarian, etc.). But a letter [PDF] late last week from the AG's office indicated, at least, that a live, eight-camera video feed would be available on the Internet.

"Eight cameras will stream live video of the examination proceedings to the internet courtesy of the Maricopa County Elections Department," the AG promised. And, as the count began this morning, that feed is now up and running here.

Unfortunately, unlike Minnesota's recent, very transparent hand-count of 2.9 million ballots from the state's still-contested U.S. Senate race, the video from the Maricopa County Ballot Tabulation Center (BTC) is all but worthless, as critics had previously worried, in determining if counts are being carried out accurately.

Here are screen shots from this morning, as counting began, from all eight camera-views --- only two of which show any actual counting at all, while six of them are focused on different areas in the Phoenix counting facility (click a photo to see the live streaming shot)...

- Special Report by Brad Friedman, The BRAD BLOG

The 400 previously rejected absentee ballots in the Coleman/Franken U.S. Senate race in Minnesota won't be the only ballots being carefully counted next week. Neither will the more than 5,000 being counted in the NY-20 U.S. House special election where (fewer than) 25 votes, out of 150,000 cast, currently separate the winner from the loser.

A hand count of thousands of paper ballots that could trump all of the above, at least in regards to national importance, will quietly occur next week in a highly-secured Maricopa County, AZ, facility, as part of a years-long criminal investigation. Ironically, coming as late as it does, three years after the election, the results of the count, no matter what they may be, will not affect the actual outcome of that election --- even if it is found that the results were originally rigged by elections officials.

After almost three years; hundreds of legal documents; scores of hours in courtrooms; precedent-setting legal findings forcing the public release of Diebold computer databases supposedly recording how citizens voted in their own elections; allegations of potential hacking and fraud believed to have been possibly carried out by election official insiders; indications of tampering described as the result of "human error" by a report commissioned by the state AG, as part of a criminal investigation subsequently described by critics as a "whitewash"; arrests of local election integrity advocates; and lord knows how many articles documenting it at all here at The BRAD BLOG over those years, the paper ballots from the curious 2006 Regional Transit Authority (RTA) election in Pima County (Tucson), AZ, will finally be counted, beginning next Monday, as part of a criminal investigation being carried out by the state's Attorney General.

The hand-count of all 120,821 ballots from that special election will be carried out not in Pima, but under the supervision of "certified professionals who work for the Maricopa County (Phoenix) Elections Department," according to a 2-page letter [PDF] sent by the AG's office to the chairman of the Democratic Party of Pima County. The "strictly-monitored" count will either settle, once and for all, the matter of whether that election was conducted fraudulently by election insiders manipulating the vulnerable electronic Diebold tabulation system --- or it won't...

Guest Blogged by David Safier of Blog for Arizona

If a judge’s ruling in Pima County, Arizona, stands, ballots from the long-contested 2006 Regional Transit Authority (RTA) election will be destroyed, and there will never be a definitive answer as to whether or not the election may have been rigged, as critics have charged.

It’s too late for the actual results of the election to be changed, but knowing whether the election was tampered with is critical to guaranteeing the integrity of future elections, according to local Election Integrity advocates who won a landmark lawsuit, resulting in the unprecedented release of terrabytes of Diebold databases. The databases, containing information on how voters voted, were found by the judge in the suit, to be public records.

Yet, the same people who ran the '06 RTA election are still in charge of elections in Pima County, and the same election software is still in place. If one election was rigged, there is little stopping them from rigging others in the future.

The RTA bond measure was reportedly passed by voters in 2006, but Pima County Democrats and Libertarians believe there is substantial evidence the measure actually went down and the results were flipped in the vote counting computer. The optical-scan paper ballots themselves have never actually been counted. They’re sitting in sealed boxes in the County Treasurer’s office, and may soon be destroyed. The Democrats and Libertarians went to court last month, asking the judge to save the ballots, so they may actually be counted in the future.

In his ruling, however, Judge Charles Harrington's claims he has no jurisdiction in the matter...

Guest Blogged by David Safier of Blog for Arizona

Just in time for the elections, the Pima County, Arizona, Election Integrity Committee has developed computer tools to examine election databases created by the Diebold/Premier system. The EI group is offering to examine data from any jurisdiction in the country that uses Diebold's faulty GEMS (Global Election Management System). GEMS will tabulate about half the nation's votes on November 4th...

Guest Blogged by Jim March

Folks, I'm writing to tell you personally about the most important election in America for election integrity: putting Brad Roach into the Pima County (Tucson) Arizona county attorney's office. Why do I believe it's the most important election in America in regard to the issue of Election Integrity? Click the cartoon above and/or read on...

Following up on the arrest last week of Pima County (Tuscon), Arizona, election integrity advocate John Brakey... You'll recall, he was arrested after noticing that some 7 out of 10 bags of ballots being counted during a post-election audit last week were missing their proper security seals.

As an election observer representing both the Libertarian and Democratic parties during the hand-count audit of a Sept. 2nd state Primary, Brakey began to ask questions about the bags --- which had supposedly been chosen at random the day before --- prompting Pima's Brad "Election Director Gone Wild" Nelson to call the sheriff on him.

Despite the missing seals (which even Nelson admitted to himself, as seen in the Channel 9-KGUN video report we posted with our original coverage of the incident), the Pima County Board of Supervisors went ahead and certified the election canvass anyway, "over the objections of activists who wanted the county to wait until an additional hand audit could be conducted over the weekend," according to the Arizona Daily Star.

"The supervisors said they were very concerned about persistent problems in the Division of Elections, but they could not legally postpone the canvass," the paper reported over the weekend. That, despite a news conference that Brakey and the other activists held late in the week to call for a new audit, using properly sealed ballots, "and focusing on contested supervisor races, of which there were three."

They have also called for the removal of the beleaguered, hot-headed and perhaps even criminal Nelson, after years of problems and obstructions from the Pima Election Director. According to the Daily Star, at least one of the Supervisors agrees it's time for Nelson to to be removed...

Pima County (Tucson), Arizona Election Integrity advocate and expert John Brakey was arrested last night while performing his job as an election supervisor, on behalf of both the Democratic and Libertarian parties, during a post-election hand-count audit of ballots.

Brakey becomes the latest in a growing string of EI advocates to be arrested and/or barred from observing (Brakey was lucky enough to merit both "honors" apparently) while attempting to assure accuracy, fairness, and transparency in voting and in the reporting of election results on behalf of citizens.

The problem erupted after Brakey had noticed a number of ballot bags being counted in the post-election audit were missing their proper security seals. He began to ask questions about those bags, which eventually led to his arrest at the demand of Pima County's Brad "Election Director Gone Wild" Nelson, a man with whom Brakey has had a number of unfortunate (for Nelson) run-ins over the years.

After news of his arrest, "the county elections building was swarming with television news crews," according to a report by Election Defense Alliance (EDA), of which Brakey is a member. Indeed, KGUN's video report on the incident is very good, as the Tucson media --- given Brakey's success in lawsuits and legislation over the years on behalf of voters --- has come to see him as a reliable source on such matters...

Guest Blogged by David Safier of Blog for Arizona

Arizona's election watchdog group, Audit AZ, went to the state Attorney General in its efforts to learn the truth about Pima County's 2006 RTA (Regional Transportation Authority) election. Attorney Bill Risner handed Arizona AG Terry Goddard a letter detailing the evidence suggesting that the RTA election was flipped. The clearly written letter is accompanied by dozens of documents as well as video links to depositions and testimony from the 2007 court case Risner won for the Pima County Democratic Party. As a result of that case, every political party in the county has access to Diebold's database files, recording how voters voted, from previous and future elections.

In May, 2007, on the heels of questions about the results of the '06 RTA election following polls and previous elections in which similar initiatives were rejected by voters, the Arizona Attorney General's office launched a criminal investigation into the RTA election. The software quality assurance firm, iBeta, was given computer databases to look over which indicated the vote counting might have been tampered with. Though iBeta saw instances of possible tampering, it decided they were simply the result of "human error." Using tortured logic, iBeta said the signs of possible tampering were evidence that there was actually no tampering, since anyone who knew how to manipulate the data would also know how to cover their computer tracks and leave no evidence behind.

Risner's letter explains how the direction of the AG's investigation was, incredibly, set by the suspects themselves, members of the Pima County Elections Division. Those officials, Risner details, purposely turned the investigation away from the very evidence which could have proven their guilt in manipulating the results.

Those very same officials are named in a startling new affidavit from a former county employee who recently came forward to allege he was told by a Pima County election official that they had "fixed" the RTA election...

Guest Blogged by David Safier of Blog for Arizona

The Pima County, Arizona, Diebold vote tabulation system was manipulated to "pass" a 2006 ballot initiative when, in fact, the measure was actually voted down, according to a startling new allegation revealed today by the election watchdog group Audit AZ.

The long-running election integrity battles in Pima flared up again this afternoon as an explosive affidavit from a former county official was released at a press conference held by the tenacious local organization. On the heels of several recent Audit AZ court victories, resulting in the unprecedented if long overdue release of mountains of previously "proprietary" Diebold election databases, today's presser was well attended by much of the local media.

The conference was held as news comes that the ballots for the 2006 Regional Transportation Authority (RTA) election are set to be destroyed, according to a letter sent by the Pima County Treasurer to the Chair of the Pima County Democratic Party, Vince Rabago. The June 2008 letter, posted at the end of this article, says that Rabago has the right to request that the ballots not be destroyed, which would save them temporarily. Bill Risner, the lawyer for the successful suit to obtain copies of the county's election databases, said at the press conference that the State Attorney General needs to step in and not only demand that the ballots be saved but order that they be counted to see if the total agrees with the "official" numbers that came out of the election department's computer given the extraordinary new allegations.

The potentially explosive new piece of information introduced during the press conference was a sworn affidavit from Zbigniew Osmolski, a former Pima County employee, stating that Bryan Crane, the computer operator at the Pima County Elections Division, told him, during a conversation in a bar, that the RTA Election was "fixed...on the instructions of his bosses."

According to Osmolski's affidavit (posted in full at the end of this article):

The affidavit is the latest in a series of red flags concerning the RTA election. Other red flags include: (1) This was a sales tax increase, the type of vote that usually fails, and it looked like it was going down in the days prior to the election; (2) The database on the vote counting computer was erased and replaced a day into the early ballot scanning; (3) Unauthorized vote total summary reports were printed during the counting; (4) A tape of the original ballot layout stored with the Secretary of State --- which could have indicated if the vote was flipped --- was sent back to the County, which lost it; (5) An investigation into the election completed by the Attorney General's office was cursory and inconclusive.

A video of the press conference is now available here...

The Osmolski affidavit and County Treasurer's letter concerning the impending destruction of the ballots from the RTA election follow below...

Last week we told you about the hard fought victory by the Pima County (Tucson), Arizona, Democrats to finally gain access to the Diebold databases which include the tallies of how folks voted in elections going all the way back to 1998.

The county had argued (on Diebold's behalf, natch) that the database files were both proprietary, and a security risk should they be released. The judge, finally, found that to be nonsense, and ordered the release of the files which the local Election Integrity advocates now hope to comb over for evidence of fraud and/or other malfeasance.

Now that they've got all the info, they're seeking a geek or two who may be able to help build a tool to make it a bit easier to go through the mountains of data they now finally have access to.

AZ's Libertarian Election Integrity champ Jim March, whose been working closely with the Dems, sends us the following "Help Wanted" ad, seeking a programmer to help 'em make sense of "the world's largest private collection of Diebold election data files anywhere." (Note: If someone could kindly Slashdot this item to maximize the number of coder geek eyeballs it gets in front of, it'd be much appreciated!)...

Good news for voters across American on Friday, as the judge in the Pima County, AZ, court case has finally agreed that citizens can try and see how citizens voted in elections, even if they are run by Diebold.

Via email from AZ Electon Integrity advocate Jim March...

Congratulations! And thank you, EI folks in AZ!!!

Previous BRAD BLOG coverage of the Pima County case here...

Guest Blogged by Michael Bryan, Esq.

Judge Michael Miller, in a carefully reasoned and balanced opinion, today ordered the release of the final Diebold GEMS tabulator database files from the contested 2006 Regional Transport Authority (RTA) election 2006 primary and general elections . The judge denied, without prejudice, full public access to every MDB and GBF database file for the 2006 elections in the possession of Pima County until and unless the plaintiffs can address remaining security concerns which might arise from that larger release.

[CORRECTION: Several correspondents point out correctly that the databases for the 2006 Primary and General elections have been released, but not those of the RTA election, which was a mid-year election. Sources near the case speculate that perhaps the judge believed that the RTA election may have been tampered with and did not want further controversy around the results of that election.]

[UPDATE: For a detailed analysis of the judge's ruling see my post on BlogForArizona.com.]

The BRAD BLOG has been following this case closely because unsecured tabulation systems like GEMS are widely used in American elections and completely open to insider manipulation. For background and detailed commentary about the case see my 12/8/07 wrap-up post on the trial.

The immediate goal of the Democratic party --- to be able to look closer at the final election databases for the 2006 election --- is fully satisfied by the ruling. But the broader goal of being able to look at a time series of backups for discrepancies or discontinuities that could indicate manipulation, as Arizona Election Integrity advocates have feared, is stymied for the moment...