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…
EDA reports the events this way today:
Brakey had noticed that several of the incoming bags containing ballots from the precincts had unsecured or missing seals. The seal failures appeared to be the result of pollworkers not knowing how to properly lock them.
Brakey then wondered whether the serial numbers on the bag seals matched the serial numbers recorded by the precinct pollworkers when they sealed the ballots. One question led to another, and Brakey ended up in handcuffs.
Here is television news video of the incident from KGUN TV, Pima AZ:
See EDA’s report for more specifics on the matter.
Brakey is the citizen hero (and yes, a community organizer!) who helped shepherd the landmark lawsuit recently brought by the Pima County Democratic Party resulting in the release of Diebold database files showing how voters actually voted in a 2006 election and earlier. The databases were sought after fraud was (and still is) suspected in a number of important elections and ballot issues. Both Pima County and Diebold had opposed the release of information on how voters voted, citing security issues and Diebold’s claim of “proprietary trade secrets.”
The lawsuit was successful, as the judge ultimately disagreed with the County, leading to the largest release of such databases ever in this country.
You’ll note in the KGUN video that Brad Nelson admits the ballot bags that Brakey was concerned about were, indeed, unsealed.
“All of these bags have been under 24 hour video surveillance, as well as a deputy sherrif have been watching these bags since they’ve come in on election night. So we have protected the bags,” Nelson is quoted as saying.
He then adds: “So if a seal is missing, I feel fairly confident that the ballots inside are just as sound as when they left the polling place.”
Really, Brad? Then, if that’s the case, what’s the point of using the seals at all? This guy is a disgrace to Tucson, Pima, Arizona, and Election Officials in general.
Nelson is the hot-tempered embarrassment of an Election Director seen “going wild” in a video tape we posted at The BRAD BLOG in early 2006. In the video, reposted at right, Nelson goes into a tirade after our man Brakey asked him a simple question about the county’s plan to purchase untested, hackable, error-prone Diebold touch screen systems.
Ironically enough, it was due, in no small part, to Brakey’s own earlier efforts in bi-partisan lobbying of the state legislature which resulted in Arizona instituting the law requiring post-election audit. It was one of those audits which was being carried out when when he was arrested yesterday.
Election Integrity in Arizona has become no small concern, and the ’08 election will be no exception, even with “favorite son” John McCain on the ballot. It was, after all, AZ Sec. of State Jan Brewer herself, who proudly cast the RNC delegate votes last week at the Republican National Convention, on behalf of the state which gave McCain the nomination.
Why she would so publicly give up all pretense of objectivity is beyond us. But from the woman who once described Election Integrity advocates as “anarchists” to AP, we’re hardly surprised. So much for “fair and impartial” state oversight in AZ for the upcoming Presidential election.
On a personal note, we’ve come to know Brakey over the years and have found him to be one of the most unflagging, indefatigable champions of democracy, among a coterie of similarly heroic rag-tag citizen patriots, otherwise known as Election Integrity advocates, that we’ve had the honored to get to know.
In the KGUN video posted above, he notes his “Five C’s,” which he’s quoted to us before. “I work with five principles,” he tells KGUN, “My five C’s: character, capacity, credibility, civility, and I own my citizenship.” We’ve found him to live up to every one of the C’s in the years we’ve had the privilege of making his acquaintance.
Brakey joins a growing list of Election Integrity advocates who have recently been either arrested and/or barred from observing while attempting to represent citizen ownership of elections. Among them: Show Me The Vote’s Phil Lindsey (arrested while voting in MO), Black Box Voting’s Jim March (arrested while observing in San Diego, and recently barred from a counting room in Monterey, CA) and Ellen Brodsky, an independent candidate for Broward County, FL, Supervisor of Elections (barred from observing recounts of the recent Primary election in Broward.)
(NOTE: We’ll be guest hosting The Randi Rhodes Show on Monday and will, no doubt, be discussing these issues in detail!)
They arrested the wrong guy, while simultaneously breaking the chain of custody. That’s an effective tactic. The cops need to be protecting us from the officials, not the election officials control of the ballots hidden away from us.
So when someone starts asking questions and this escalates to arresting the person asking the questions, instead of answering the questions, or trying to find out the answers. So what makes this whole thing have to be in such a hurry that public oversight and chain of custody are removed?
It’s exactly backwards.
It’s another ruined election, that nobody can trust.
Obama’s team needs somebody out west to rile up the Libertarian types who have to be as offended as Democrats at this kind of election fraud behavior. Maybe Ron Paul would like to give speeches out there. A collaboration between Obama in the North East and the Clintons & Biden all over the East and Paul out West would create a pretty good coverage of the country. Lord knows Paul gives a pretty decent speech and has as much to gain on the election accuracy issue as anybody.
Is the mainstream reporting this? Doesn’t seem so…
Yes. Channel 9 KGUN, as seen above. And the EDA link has a report from one of the Arizona papers (whose name I’m forgetting right now). But yes, they are covering. Big time.
Great!
Elevate vote tampering to an act of treason as it undermines the basis of our government.
Here’s an in-depth look at what was going on inside the polling center. Brad Nelson even admits to counting the broken-sealed bags, proceeding with inadequate party monitoring of ballot bags and deferring to the machine count to justify these lapses. Here’s the link:
http://www.fatallyflawedthemovie.com/pages/brakeyarrested.html
Anyone want to try and clue me in on how shit like this continues to happen and nobody is ever held accountable?
Brakey obviously did nothing wrong, was doing his job yet HE gets arrested and the real guilty parties skate away as usual.
How is it that the blatantly guilty always skate away with whatever crime they commit as long as it is to do with election fraud or 9/11 cover up?
Can not Blakey turn the tables here and get Nelson arrested?
If not why not?
Can someone please explain why these observers were arrested and what charges were brought. How did the past arrests end up? Were charges dismissed? Do states have laws or regulations governing observers? If your just trying to remove someone to avoid oversight isn’t calling for an arrest against the law? Are EI observers specially trained or certified? Are they paid? Appointed? I am writing a report for my US History Class. Thanks, Pie
Diebold Accidentally Leaks Results Of 2008 Election Early
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“ … tolerance of intolerance is cowardice… ” ~ Ayaan Hirsi Ali.
“We, two, form a Multitude” ~ Ovid.
“True Pacifism is not unrealistic submission to an Evil power…it is rather a courageous confrontation with Evil by the Power of Love, in the faith that it is better to be the recipient of violence than the inflicter of it, since the latter only multiplies the existence of violence & bitterness in the Universe, while the former may develop a sense of shame in the opponent, & thereby bring about a transformation & change of Heart.” – MLK
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“Silent Freedom is Freedom Silenced”
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What strikes me, as always, is how subtle election fraud can be — you can’t hear it, you can’t smell it, usually you can’t see it, you can’t prove it, and it’s easy for the perpetrator or complicit person to make the accuser look “crazy.”
And even if an elections official violates the code — e.g. in this case, not assuming loss of chain of custody for unsealed ballots, there are too many barriers to ensuring that the code is enforced.
Yet there is so much to be gained or lost depending on the results of an election, that ANYTHING irregular should be taken VERY SERIOUSLY.
Sounds to me like video surveillance experts need to be placed to observe the election’s video surveillance team. Wow, that’s a mouthful! Really though, seen any good bank heist or spy thillers lately? Then, tell me what you think of the security of video surveillance.
Citizen observers with the integrity of Mr. Brakey watching in shifts a locked vault seems a more cost effective and secure route. People unwilling to participate at that level need to remember UNSECURE ELECTIONS HAVE LED TO FALSE WARS OUR LOVED ONES ARE DYING IN, AND PARASITES ARE PROFITTING FROM TO THIS DAY.
And oh yeah, now that congress is back in session, what’s the word on pursuing that pimple-on-democracy rove? It made me want to puke seeing pelousy laying the wreath at Hiroshima. Keep looking to past mistakes while ignoring the present precedent setting crimes, huh pelousy?
Sorry, that should have been “past crimes” above.
well, whadya know, the GOP cant win an election once before and the count was skewed in Florida and today? Same ol same ol…how utterly special hmmm?
Sherrif Arpio has a new guest at his pink jump suit hotel then? Gestapo tactics alive and well in McCains home state? now theres a story!
OT to the “angry left” or gonna be right 🙂
http://digbysblog.blogspot.com/2008/09/powder-keg-by-digby-it-seems-to-me-that.html
When the police are protecting the criminals in office instead of citizens, you have a police state.
The fact that decent people are going to jail when doing nothing wrong shows the level of fight we have. Most people aren’t going to “buck the system” if it means losing their jobs and homes and possibly families. And that’s what we’re looking at. That’s called terrorism, and that’s what those in charge in America are using against their own citizens.
And the real kicker is, while we have people that can afford to fight, most of us can’t.. and those that do fight will simply be ridiculed by the moron masses in America. Nothing is going to change because the masses don’t even understand why things should change, they don’t understand that they have lost their freedoms and basic rights under this terrorist tyranny.
Breaks my heart.
This is a huge rights violation. Brakey will be acquitted, getting a big settlement, this matter will be swept under the rug like anything else in this Kountry.
I agree with the above poster who said (paraphrased) Upgrade voter fraud to the level of treason, then we will see who takes this issue seriously. I’m in full agreement with this, and it should be done immediately.
Were the seals broken enroute to be counted? bages switched. move on people nothing to see here. just election fraud.
POST-EVENT ANALYSIS via public records – first “blood”…
I went back into the “den of iniquity” known as the Pima Elections Office today, to begin the process of sorting out just what really happened during that hand-count.
First, understand that nine precincts were chosen at random by party officials (all three, LP, Dem and GOP) the night before. Saturday AM, agreement was reached to add another nine so as the Sr. LP rep present (well OK, *only*…), I helped randomly pick another nine.
The first nine precinct bags were already present, so we started on those while the next were fetched from another area. This is important.
What John noted was that among those nine, at least seven bags had “chain of custody issues” of some sort. In some the bags lacked the tracking info sheet hand-written by pollworkers that was supposed to be in there, in others the tracking info was present but spoke of a seal number different from what was on the outside of the bag, while in other cases the seal was either missing completely or inadequately attached so as to allow unrestricted (and untracked) access to the bag’s contents.
The number could have been higher in that first nine but John was booted for asking too many questions before he could finish checking. And this booting was at least in part at the suggestion of the GOP party chair, Judy White.
Of the next batch of nine, at least one are known to have funky seal issues, including precinct 139 (second batch) that I personally inspected that day and reported as a serial number mis-match.
(Soon after John left, the remaining Democratic Party credentialed observer (Mickey Dunahoe) was asked to serve as an additional hand-counter. The *appearance* is that this prevented Mickey from catching and following up on the same issues John had found and been booted for.)
CRITICAL POINT NUMBER ONE:
According to election director Brad Nelson, speaking on camera today (did I mention the two guys with video cameras following me?), Brad says that out of 100 ballot bags, he would expect no more than 5% to have funky seals of any sort.
Therefore, a 7 out of 9 “screwball rate” among that first batch is a shocking statistical spike. The unproven (so far) implication is that the ballots were examined and/or tampered with the night before the hand-audit, starting moments after the parties hat-picked precincts on Friday.
Continuing Investigation
I was able to obtain the receiving board forms showing who checked in the ballot bags. Most were from temporary citizen workers at receiving boards; very rural areas used Sheriff’s deputies for the same function. The final canvass and official results are scheduled for Friday so I have three days to find those people and figure out what happened. I doubt many (if any) are involved in a vote-hacking conspiracy, certainly not all, therefore it should be possible to check what’s going on here.
It boils down to this: either this election WAS hacked somehow, or there was an effort to hide serious machine failures, or the processes and procedures (and pollworker training) under Nelson’s management are so bad that the paperwork is going to stink on a much higher percentage of bags than Nelson’s 5% guesstimate.
At this moment I have no clue which of these three possibilities is going on. I’ll report back when I know more.
I’ll tell you this though: ALL THREE possible scenarios paint Brad Nelson’s management in a bad light. As does his known dating of at least one staff member, as does his office’s habit of printing the “who’s winning and losing” reports up to nine days pre-election until we spotted that in the audit logs and put a stop to it (we hope), as is his letting staff take CDs with election data on them home during election cycles as an “off-site backup plan”, as does his penchant for secrecy, his bullying nature, I could go on for days.
Basically, Nelson has given the county good reason to fire him almost a dozen times over. The fact that he still works there at all suggests…well, that he has something(s?) on the Board of Supes of Pima County, or a powerful protector.
If it’s possible to do so, I’ll get to the bottom of this.
Post-script on John’s arrest: while I didn’t see it happen or even know of it until later, I’m told by witnesses that it happened in the hallway just outside the room I was counting in. I was near the door; had John been in any way loud or unruly I would have heard it. John sure as hell CAN be loud, he’ll be the first to tell you that, but he wasn’t in this case!
Shamed again.
And to think Justice Dept. is spending all it’s time on VOTER fraud issues……
Stranded in AZ, with no Senators or Reps to reply to my questions and comments (McCain and my local rep is under indictment)
If you read the legislation passed in our Government since the time of 9/11, a picture begins to emerge……NSPD-51 attaches Homeland Insecurity to none other than the Dept. of Treasury, HMMMM…Now, if you actually read the Patriot Act(s) it is highly documented that Homeland Insecurity is mentioned many times even though it wasn’t even officially created for more than a year after 9/11. It looks to me like Homeland insecurity is running a diversion operation to loot the nation of Trillions of dollars which is why they are attached to the Treasury Department. Now, having said all that, It would make sense to me that they would NEED to hack the election process as a cover operation for the looting of the nation. If Mcbrain and Osama Obama are in the know, either one would be able to continue the facade. What a Country!
Jim March – good work. What gets me is not whether Nelson has a “protector” or not, but that GOP VOTERS would be ok with their party handling votes this way. As long as the votes are swayed their way, they have no problem with fraud? Why does it only seem to be Democratic voters who are up in arms about voting fraud?
Inca: the board of supes that protects this guy has five members – including three who are all allegedly Democrat. As is the county attorney (Barbara LaWall) who has covered for Nelson in numerous ways. (The “county attorney” in an AZ county is also the DA as well as the county’s civil attorney.)
Pima County politics do NOT split on the normal GOP/Dem faultlines. This is the freakin’ desert – the big issue is growth (until recently VERY rapid) and the water to feed it. That colors every other issue. The now-famous Regional Transportation Authority $2bil bond measure of 2006 (sales tax to pay for increased transit) was also basically a pro-growth thing. Major developers woo members of both parties.
Our biggest ally on the Board of Supes is Ray Carrol – a Republican…followed closely by the chair, Richard Elias (Dem).
DO NOT try and apply standard GOP v. Dem thinking to Pima County in particular. That ain’t what drives stuff behind the scenes.
We need similar coverage for Maricopa Country! The elections procedures here are incredibly sloppy, training inadequate, and the Touchscreen Voting equipment a disaster.
Helen Purcell has been in her position much too long. Time to resign. Much of the Elections Department staff seems to have retired into their jobs as they sleepwalk through their responsibilities. Best to fire them as well.
Arizona is setting itself up to be the next national embarrassment in the style of Florida and Ohio. Many people are being disenfranchised. Don’t let it happen!
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September 9, 2008 at 20:25:08 Permalink
Election Citizen Observers Across the U.S. Will Make Conscious Decisions About Their Conduct
Diary Entry by Jane Schiff
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The rules re: participation of citizen observers are usually available on the web sites of our states’ legislatures and/or our states’ web sites of the Secretaries of State. Each citizen election observer is a precious symbol of what defines the best of being the same law – abiding American he/she is now – AND prior to the last 8 years.
::::::::
I spoke with Brad Nelson and John Brakey – separately today Tuesday, September 9, 2008. Brad Nelson stated to me tht he had no problems with John Brakey’s writing down the seal numbers in question. I asked Brad if John had been sworn in. Brad said he was looking it up – put me on hold for maybe 3 minutes. Upon Brad’s return to the phone, he said John hadn’t been one of the parties sworn in. Brad told me he repeatedly told John to come to HIM with questions. Before calling Brad Nelson, I located the following: (web site listed below at the end of this diary)
Article 10 Tally and Returns
16-603. Inspection of ballots by party representative
“…without unduly hindering or delaying the count,…”
After calling Brad Nelson, I called John Brakey. To paraphrase: John had an immediate deja vu of the past events which have become to be known as “Hack and Stack.” He chose to promptly perform his duties: he reported to US. John has absolutely no desire for martyrdom. John was adamant in explaining that he made a personal choice and strongly calls for persons who wish to serve as educated and prepared citizen observers to come onboard. He’s truly a Renaissance man. John emphasized that when the educated and prepared election citizen observers volunteer, they must make their own decisions regarding their roles.
Arizona Legislature link doesn’t work here.
Article 10 Tally and Returns
16-603. Inspection of ballots by party representative
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Did anyone else notice that the press allowed Brad Nelson to BS along instead of getting the answer as to WHY John Brakey was arrested? This report is not “very good”- it is however “very good” at being deceptive. The crux of the problem was not addressed. It may look “good” because they at least made a story of it, but in the end it was actually appeasing instead of factual. Isn’t this identical to Hitler’s tactics?
Jim – Thanks for the clarification. Please continue to keep those of us not in the Tucson area advised as to what comes of this. Amazing.
I have been ejected 3 times from trying to observe counting or machines in a rural arizona county, the last time threated with police enforcement, I guess from asking too many and detailed questions. What are they hiding, or getting ready to hide???