Showing posts with label Maricopa County. Show all posts
Showing posts with label Maricopa County. Show all posts

Wednesday, November 27, 2013

It seems that the criminal big banks that brought on "The Great Recession" by creating the housing bubble [by means of mortgage fraud followed by selling as triple-A securities "collaterized debt obligations" (CDOs) consisting of doomed mortgages] are now initiating another bubble by buying up forclosed houses, renting them out, and then creating rent-payment CDOs that will profit them without fear of loss because if and when this bubble bursts it will be the people who buy these new CDOs who will be the losers.



The Empire Strikes Back
How Wall Street Has Turned Housing Into a Dangerous Get-Rich-Quick Scheme -- Again
Posted by Laura Gottesdiener at 7:44am, November 26, 2013.

You can hardly turn on the television or open a newspaper without hearing about the nation’s impressive, much celebrated housing recovery. Home prices are rising! New construction has started! The crisis is over! Yet beneath the fanfare, a whole new get-rich-quick scheme is brewing.

Over the last year and a half, Wall Street hedge funds and private equity firms have quietly amassed an unprecedented rental empire, snapping up Queen Anne Victorians in Atlanta, brick-faced bungalows in Chicago, Spanish revivals in Phoenix. In total, these deep-pocketed investors have bought more than 200,000 cheap, mostly foreclosed houses in cities hardest hit by the economic meltdown.

Wall Street’s foreclosure crisis, which began in late 2007 and forced more than 10 million people from their homes, has created a paradoxical problem. Millions of evicted Americans need a safe place to live, even as millions of vacant, bank-owned houses are blighting neighborhoods and spurring a rise in crime. Lucky for us, Wall Street has devised a solution: It’s going to rent these foreclosed houses back to us. In the process, it’s devised a new form of securitization that could cause this whole plan to blow up -- again.

Since the buying frenzy began, no company has picked up more houses than the Blackstone Group, the largest private equity firm in the world. Using a subsidiary company, Invitation Homes, Blackstone has grabbed houses at foreclosure auctions, through local brokers, and in bulk purchases directly from banks the same way a regular person might stock up on toilet paper from Costco.

In one move, it bought 1,400 houses in Atlanta in a single day. As of November, Blackstone had spent $7.5 billion to buy 40,000 mostly foreclosed houses across the country. That’s a spending rate of $100 million a week since October 2012. It recently announced plans to take the business international, beginning in foreclosure-ravaged Spain.

Few outside the finance industry have heard of Blackstone. Yet today, it’s the largest owner of single-family rental homes in the nation -- and of a whole lot of other things, too. It owns part or all of the Hilton Hotel chain, Southern Cross Healthcare, Houghton Mifflin publishing house, the Weather Channel, Sea World, the arts and crafts chain Michael’s, Orangina, and dozens of other companies.

Blackstone manages more than $210 billion in assets, according to its 2012 Securities and Exchange Commission annual filing. It’s also a public company with a list of institutional owners that reads like a who’s who of companies recently implicated in lawsuits over the mortgage crisis, including Morgan Stanley, Citigroup, Deutsche Bank, UBS, Bank of America, Goldman Sachs, and of course JP Morgan Chase, which just settled a lawsuit with the Department of Justice over its risky and often illegal mortgage practices, agreeing to pay an unprecedented $13 billion fine.

In other words, if Blackstone makes money by capitalizing on the housing crisis, all these other Wall Street banks -- generally regarded as the main culprits in creating the conditions that led to the foreclosure crisis in the first place -- make money too.

An All-Cash Goliath

In neighborhoods across the country, many residents didn’t have to know what Blackstone was to realize that things were going seriously wrong.

Last year, Mark Alston, a real estate broker in Los Angeles, began noticing something strange happening. Home prices were rising. And they were rising fast -- up 20% between October 2012 and the same month this year. In a normal market, rising home prices would mean increased demand from homebuyers. But here was the unnerving thing: the homeownership rate was dropping, the first sign for Alston that the market was somehow out of whack.

The second sign was the buyers themselves.


About 5% of Blackstone's properties, approximately 2,000 houses, are located in the Charlotte metro area. Of those, just under 1,000 (pictured above) are in Mecklenberg County, the city's center. (Map by Anthony Giancatarino, research by Symone New.)

“I went two years without selling to a black family, and that wasn’t for lack of trying,” says Alston, whose business is concentrated in inner-city neighborhoods where the majority of residents are African American and Hispanic. Instead, all his buyers -- every last one of them -- were besuited businessmen. And weirder yet, they were all paying in cash.

Between 2005 and 2009, the mortgage crisis, fueled by racially discriminatory lending practices, destroyed 53% of African American wealth and 66% of Hispanic wealth, figures that stagger the imagination. As a result, it’s safe to say that few blacks or Hispanics today are buying homes outright, in cash. Blackstone, on the other hand, doesn’t have a problem fronting the money, given its $3.6 billion credit line arranged by Deutsche Bank. This money has allowed it to outbid families who have to secure traditional financing. It’s also paved the way for the company to purchase a lot of homes very quickly, shocking local markets and driving prices up in a way that pushes even more families out of the game.

“You can’t compete with a company that’s betting on speculative future value when they’re playing with cash,” says Alston. “It’s almost like they planned this.”

In hindsight, it’s clear that the Great Recession fueled a terrific wealth and asset transfer away from ordinary Americans and to financial institutions. During that crisis, Americans lost trillions of dollars of household wealth when housing prices crashed, while banks seized about five million homes. But what’s just beginning to emerge is how, as in the recession years, the recovery itself continues to drive the process of transferring wealth and power from the bottom to the top.

From 2009-2012, the top 1% of Americans captured 95% of income gains. Now, as the housing market rebounds, billions of dollars in recovered housing wealth are flowing straight to Wall Street instead of to families and communities. Since spring 2012, just at the time when Blackstone began buying foreclosed homes in bulk, an estimated $88 billion of housing wealth accumulation has gone straight to banks or institutional investors as a result of their residential property holdings, according to an analysis by TomDispatch. And it’s a number that’s likely to just keep growing.

“Institutional investors are siphoning the wealth and the ability for wealth accumulation out of underserved communities,” says Henry Wade, founder of the Arizona Association of Real Estate Brokers.

But buying homes cheap and then waiting for them to appreciate in value isn’t the only way Blackstone is making money on this deal. It wants your rental payment, too.

Securitizing Rentals

Wall Street’s rental empire is entirely new. The single-family rental industry used to be the bailiwick of small-time mom-and-pop operations. But what makes this moment unprecedented is the financial alchemy that Blackstone added. In November, after many months of hype, Blackstone released history’s first rated bond backed by securitized rental payments. And once investors tripped over themselves in a rush to get it, Blackstone’s competitors announced that they, too, would develop similar securities as soon as possible.

Depending on whom you ask, the idea of bundling rental payments and selling them off to investors is either a natural evolution of the finance industry or a fire-breathing chimera.
“This is a new frontier,” comments Ted Weinstein, a consultant in the real-estate-owned homes industry for 30 years. “It’s something I never really would have dreamt of.”
 
However, to anyone who went through the 2008 mortgage-backed-security crisis, this new territory will sound strangely familiar.

"It's just like a residential mortgage-backed security," said one hedge-fund investor whose company does business with Blackstone. When asked why the public should expect these securities to be safe, given the fact that risky mortgage-backed securities caused the 2008 collapse, he responded, “Trust me.”

For Blackstone, at least, the logic is simple. The company wants money upfront to purchase more cheap, foreclosed homes before prices rise. So it’s joined forces with JP Morgan, Credit Suisse, and Deutsche Bank to bundle the rental payments of 3,207 single-family houses and sell this bond to investors with mortgages on the underlying houses offered as collateral. This is, of course, just a test case for what could become a whole new industry of rental-backed securities.

Many major Wall Street banks are involved in the deal, according to a copy of the private pitch documents Blackstone sent to potential investors on October 31st, which was reviewed by TomDispatch. Deutsche Bank, JP Morgan, and Credit Suisse are helping market the bond. Wells Fargo is the certificate administrator. Midland Loan Services, a subsidiary of PNC Bank, is the loan servicer. (By the way, Deutsche Bank, JP Morgan Chase, Wells Fargo, and PNC Bank are all members of another clique: the list of banks foreclosing on the most families in 2013.)

According to interviews with economists, industry insiders, and housing activists, people are more or less holding their collective breath, hoping that what looks like a duck, swims like a duck, and quacks like a duck won’t crash the economy the same way the last flock of ducks did.

“You kind of just hope they know what they’re doing,” says Dean Baker, an economist with the Center for Economic and Policy Research. “That they have provisions for turnover and vacancies. But have they done that? Have they taken the appropriate care? I certainly wouldn’t count on it.” The cash flow analysis in the documents sent to investors assumes that 95% of these homes will be rented at all times, at an average monthly rent of $1,312. It’s an occupancy rate that real estate professionals describe as ambitious.

There’s one significant way, however, in which this kind of security differs from its mortgage-backed counterpart. When banks repossess mortgaged homes as collateral, there is at least the assumption (often incorrect due to botched or falsified paperwork from the banks) that the homeowner has, indeed, defaulted on her mortgage. In this case, however, if a single home-rental bond blows up, thousands of families could be evicted, whether or not they ever missed a single rental payment.

“We could well end up in that situation where you get a lot of people getting evicted... not because the tenants have fallen behind but because the landlords have fallen behind,” says Baker.

Bugs in Blackstone’s Housing Dreams

Whether these new securities are safe may boil down to the simple question of whether Blackstone proves to be a good property manager. Decent management practices will ensure high occupancy rates, predictable turnover, and increased investor confidence. Bad management will create complaints, investigations, and vacancies, all of which will increase the likelihood that Blackstone won’t have the cash flow to pay investors back.

If you ask CaDonna Porter, a tenant in one of Blackstone's Invitation Homes properties in a suburb outside Atlanta, property management is exactly the skill that Blackstone lacks. “If I could shorten my lease -- I signed a two-year lease -- I definitely would,” says Porter.

The cockroaches and fat water bugs were the first problem in the Invitation Homes rental that she and her children moved into in September. Porter repeatedly filed online maintenance requests that were canceled without anyone coming to investigate the infestation. She called the company’s repairs hotline. No one answered.

The second problem arrived in an email with the subject line marked “URGENT.” Invitation Homes had failed to withdraw part of Porter’s November payment from her bank account, prompting the company to demand that she deliver the remaining payment in person, via certified funds, by five p.m. the following day or incur “the additional legal fee of $200 and dispossessory,” according to email correspondences reviewed by TomDispatch.

Porter took off from work to deliver the money order in person, only to receive an email saying that the payment had been rejected because it didn’t include the $200 late fee and an additional $75 insufficient funds fee. What followed were a maddening string of emails that recall the fraught and often fraudulent interactions between homeowners and mortgage-servicing companies. Invitation Homes repeatedly threatened to file for eviction unless Porter paid various penalty fees. She repeatedly asked the company to simply accept her month’s payment and leave her alone.

“I felt really harassed. I felt it was very unjust,” says Porter. She ultimately wrote that she would seek legal counsel, which caused Invitation Homes to immediately agree to accept the payment as “a one-time courtesy.”

Porter is still frustrated by the experience -- and by the continued presence of the cockroaches. (“I put in another request today about the bugs, which will probably be canceled again.”)

A recent Huffington Post investigation and dozens of online reviews written by Invitation Homes tenants echo Porter’s frustrations. Many said maintenance requests went unanswered, while others complained that their spiffed-up houses actually had underlying structural issues.

There’s also at least one documented case of Blackstone moving into murkier legal territory. This fall, the Orlando, Florida, branch of Invitation Homes appeared to mail forged eviction notices to a homeowner named Francisco Molina, according to the Orlando Sentinel. Delivered in letter-sized manila envelopes, the fake notices claimed that an eviction had been filed against Molina in court, although the city confirmed otherwise. The kicker is that Invitation Homes didn’t even have the right to evict Molina, legally or otherwise. Blackstone’s purchase of the house had been reversed months earlier, but the company had lost track of that information.

The Great Recession of 2016?

These anecdotal stories about Invitation Homes being quick to evict tenants may prove to be the trend rather than the exception, given Blackstone’s underlying business model. Securitizing rental payments creates an intense pressure on the company to ensure that the monthly checks keep flowing. For renters, that may mean you either pay on the first of the month every month, or you’re out.

Although Blackstone has issued only one rental-payment security so far, it already seems to be putting this strict protocol into place. In Charlotte, North Carolina, for example, the company has filed eviction proceedings against a full 10% of its renters, according to a report by the Charlotte Observer.


 About 9% of Blackstone’s properties, approximately 3,600 houses, are located in the Phoenix metro area. Most are in low- to middle-income neighborhoods. (Map by Anthony Giancatarino, research by Jose Taveras.)

Forty thousand homes add up to only a small percentage of the total national housing stock. Yet in the cities Blackstone has targeted most aggressively, the concentration of its properties is staggering. In Phoenix, Arizona, some neighborhoods have at least one, if not two or three, Blackstone-owned homes on just about every block.

This inundation has some concerned that the private equity giant, perhaps in conjunction with other institutional investors, will exercise undue influence over regional markets, pushing up rental prices because of a lack of competition. The biggest concern among many ordinary Americans, however, should be that, not too many years from now, this whole rental empire and its hot new class of securities might fail, sending the economy into an all-too-familiar tailspin.

“You’re allowing Wall Street to control a significant sector of single-family housing,” said Michael Donley, a resident of Chicago who has been investigating Blackstone’s rapidly expanding presence in his neighborhood. “But is it sustainable?” he wondered. “It could all collapse in 2016, and you’ll be worse off than in 2008.”

Laura Gottesdiener is a journalist and the author of A Dream Foreclosed: Black America and the Fight for a Place to Call Home, published in August by Zuccotti Park Press. She is an editor for Waging Nonviolence and has written for Rolling StoneMs., Playboy, the Huffington Post, and other publications. She lived and worked in the People’s Kitchen during the occupation of Zuccotti Park. This is her second TomDispatch piece.

[Note: Special thanks to Symone New and Jose Taveras for conducting the difficult research to locate Blackstone-owned properties. Special thanks also to Anthony Giancatarino for turning this data into beautiful maps.]

Follow TomDispatch on Twitter and join us on Facebook or Tumblr. Check out the newest Dispatch Book, Ann Jones’s They Were Soldiers: How the Wounded Return From America’s Wars -- The Untold Story.
Copyright 2013 Laura Gottesdiener

Monday, October 29, 2012

 facebook
                        http://www.facebook.com/groups/142607825760640/permalink/485226701498749/

John Roberts Brakey

Arizona and Florida have a lot in common, a powerful "Growth Lobby" and “Election Fraud”. These short investigative video clips will help one understand what we're up against:

****CBS Miami Series 1 of 6 Video CBS Miami - For many voters Ion Sancho’s words hold weight. He was the first elections supervisor in America to dare a “look under the hood” of a voting machine, to see if the machines were recording votes properly and if they could be hacked. ” I sanctioned the first investigation of a voting system without the vendor’s authorization,” Sancho recalls. http://miami.cbslocal.com/2012/10/02/cbs4-investigates-does-your-vote-count/  
****CBS Series 2 of 6 10/09/12 - Does Your Vote Count? Flips are real! “As a result, the wrong winners and losers were called.” Same machines Maricopa Election uses. http://miami.cbslocal.com/2012/10/09/cbs4-investigates-palm-beach-countys-2012-ballot-debacle/

****CBS Series 3 of 6 10/16/12 - That’s called an overvote, and your vote may be thrown out. http://miami.cbslocal.com/2012/10/16/cbs4-investigates-does-your-vote-count-the-overvote-worries/

****CBS Miami Series 4 of 6 10/23/12 - Investigates: Does Your Vote Count? The Recount Test: http://miami.cbslocal.com/2012/10/23/cbs4-investigates-does-your-vote-count-the-recount-test/

****Pima County had purchased the same hacking tool used to program the memory card before voting so that it would print the results they wanted as opposed to the actual votes showed in the CBS Miami series on “Does your Vote Count? Here is a copy of the invoice http://electiondefensealliance.org/files/crop_scanner_invoice.pdf

****This video clip of Attorney Bill Risner Explaining in court How Election Fraud Works in Pima County:
Final Thought:

Public enlightenment is the forerunner of justice and the foundation of democracy. The duty of the journalist is to further those ends by seeking truth and providing a fair and comprehensive account of events and issues. Conscientious journalists from all media and specialties strive to serve the public with thoroughness and honesty. Professional integrity is the cornerstone of a journalist’s credibility.
.

Friday, September 10, 2010

Maricopa County, AZ, Court Case Update: Today a Multi-Partisan Team Will Begin to Press the Maricopa Election Office to Cease Their Numerous Election-Law Violations

Jim March (Libertarian) -- Attorney Brad Roach (Republican) -- John Brakey (progressive Democrat)

Trial begins Friday, September 10th 2010 at 8:15 AM.
Proudly brought to you by AUDIT AZ ...which urgently needs your donations

HONORABLE JUDGE ROBERT OBERBILLIG
CIVIL PRESIDING JUDGE
OLD COURT HOUSE
COURTROOM 309, 3RD FLOOR
125 W. WASHINGTON,
PHOENIX, AZ 85003

So far the score is even: our request for a jury was canned, their motion for summary judgment has been ignored.

We’re even on points, no knockouts; round three is the main event.

This case is about forcing Maricopa County Election to follow the law – nothing more, nothing less. As such, most of the issues are going to be of limited benefit outside of Arizona, although the basic concept of this sort of suit (Mandamus action) is possible across the nation.

The one major except is the use of uncertified software - that points a finger through Maricopa County back to the state and national-level voting system certification processes. Arizona bars the use of voting system software that isn't federally certified to the standards promoted under HAVA. While those standards are weak, they still scared Sequoia into dodging them completely on a key part of their product line – a part that can subvert the outcome of elections and produce data that both Maricopa County and Sequoia want to bar us from having. This part of the case is at the cutting edge of election law issues – the intersection of the rights of election software producers to maintain trade secrets versus the right of the people to know how our vote is counted.

This part is complex, but in a nutshell: Sequoia created an entire section of their election system that they didn’t submit for testing like they should have – in direct violation of AZ law. They then needed to hide the extent of the security breach that resulted. To do THAT, they needed to make sure the data files altered by this illegal module don’t see the light of day and to make sure, they labeled the data files as “containing proprietary trade secret software”. Right. In the data. So we couldn’t get it via public records. Well that was a mistake, because there’s no possible way the data files could conform to the rules on “election software”, which isn’t supposed to change from election to election. The data files do. So it’s gonna be comical: if they still claim the data contains “software”, they admit to a class 5 felony for installing uncertified software (the data) on a certified system. If they blanch at the idea of confessing to a felony and call the data “just data”, we get it via public records and per our insider tipster (did I mention him yet?) we get to prove the program that produced the data damn well should have been certified. It’s the world’s dumbest catch-22 and they’ve already walked right into it. At stake is yet more proof that the voting system vendors have been systematically “gaming” the voting system test process nationally – and that is the big enchilada in exposing the insanity of the US election system.

Out of a total of four national voting system test labs ever approved, three have been thrown out for poor performance and let back in only with conditions. The two worst labs (Wyle and Ciber) are based in Huntsville AL where we hope they do better working on military aerospace flight systems for the Redstone National Arsenal, their main business. The one lab not thrown out (iBeta) obviously specializes in more important matters: they’re mainly a video game tester. We wish we were kidding. This is the fig leaf of sanity used to rationalize all electronic voting in the US: “don’t worry, the test labs are watching”. This is what we’re about to strike a blow against.

At the local level, Maricopa County has overreached. They've designed a complete election process tuned for fraud. Take a look at this one chain of destruction:

Soon after the hand
count audit bill
passed in late 2006
Maricopa stopped
having pollworkers sign
these tapes.
· Pollworkers don't sign polltapes per illegal orders.
· Also per illegal orders, pollworkers don't put one set of polltapes (signed or otherwise) into the “official returns envelope” also know as the conflict envelope, a signed and sealed clear envelope that election officials can't get into without major effort such as a court order or a special election team monitored by multiple political parties.
· Pollworkers are illegally told not to allow observers to see the precinct totals after the polls close.
· Ballot materials are transported by just one person instead of the two required by law from opposite parties. You guessed it. Illegal.
· Operations at the central tabulator computer are barred from any functional observation of any sort. Even when observers spotted obviously illegal activity, the county's response was to deny the use of cameras to document it and then tampered with the evidence.
Specifically, what we saw was a Sequoia employee running a Sequoia-owned laptop connected to the central tabulator. The laptop in turn had a cellular modem plugged into it, allowing an easy cross-connection between the cellular internet connection and the central tabulator station. Internet and outside connections to the central tabulator are flat banned. The county's response to an immediate complaint was to deny the use of cameras to document it and then tampered with the evidence. This happened on 08/23/10, just one day before the election with over 230,000 ballots all ready counted.

As a final insult, the county rigged the selection of precincts for the 2% hand audit, refusing to publicly commit the results as per the law or anybody else what the individual precinct results were beforehand. They illegally released "combined results" only. This allowed them to rig the rest of the precincts to whatever degree they want. Once they get the list of precincts selected for a count, they could "un-hack" those in the central tabulator database of votes and shift any hacking in the selected precincts to the unselected keeping the previously reported "combined results" intact. Arizona's hand-count law (new in late 2006) was designed to block this sort of thing. Maricopa County subverted it. They purchased the Sequoia system soon after that law was passed and stopped having the polltapes signed.

We're going to take it back.

This is our fight for our rights. Join us. Popcorn is unfortunately not allowed but otherwise, this is going to be the best show in town.

* They've agreed to start signing polltapes, and will make a concerted
effort starting this general election. A court order will be issued
compelling legal compliance.

* They'll also start reporting precinct details BEFORE picking
precincts to hand audit, a key barrier against fraud. This will also
allow anyone to identify cases where a candidate or issue had a huge
difference in votes between the early/mail-in vote and the precinct
vote. Such swings are a pointer to potential fraud or error and we
need to know about those ASAP.

FLASH UPDATE FOR THOSE KEEPING SCORE:

* Our motion for a jury trial was denied. Score a minor one for them.

* Their motion for summary judgment was ignored. Minor point for us.

Out of eight original issues, we've now officially won two before the
trial even starts.

Game is still on but we're ahead on points. No knockout yet.

Are we having fun yet? HELL yeah!

John and Jim

Link to reports:

Security Evaluation of the Sequoia Voting System Public Report

Review of the Documentation of the Sequoia Voting System:

Source Code Review of the Sequoia Voting System1:

WITHDRAW AL OF APPROVAL OF SEQUOIA VOTING SYSTEMS, INC.,
(October 1, 2009 Revision)
https://www.sos.ca.gov/voting-systems/vendors/sequoia/sequoia-31012-revision-1209.pdf 

For A You-Tube Blast To The Past, Maricopa Elections Finds 489 New Votes With 2nd Machine Recount in LD 20 September 2004.

Tuesday, August 24, 2010

It's Primary Election Day in Arizona ...and the Maricopa County Election Department finds itself under an omni-partisan legal assault demanding that it stop breaking a multitude of election laws. Republicans, Democrats, and Libertarians who may agree on little else are united today in their determination that everyone's vote should be counted exactly as it was cast.


Are Arizona's Political Leaders Deliberately Blocking Electronic Voting Machine Transparency?

Monday 23 August 2010

by: Denis G. Campbell, t r u t h o u t | News Analysis

Why did Arizona's two main gubernatorial candidates, Gov. Jan Brewer, former secretary of state/head of elections, who contracted for highly criticized and easily-hacked Diebold and Sequoia ballot scanning systems, and Attorney General (AG) Terry Goddard, with his three-year "criminal investigation" into a 2006 Pima County (Tucson) local election allegedly hacked, according to a whistleblower, do everything in their power for years to stifle polling accountability while expensively fighting enforcement of Arizona's election laws?
"The people who cast the votes decide nothing. The people who count the votes decide everything." - Joseph Stalin
Arizona voters head Tuesday 24 August to primary polling places. They will mark paper ballots that will be optically scanned by Diebold and Sequoia vote scan machines. And there is absolutely no guarantee their vote will ever be tabulated.

Six plaintiffs recently filed a lawsuit in Maricopa County (Phoenix) alleging recently relaxed ballot handling rules ensure a lax chain of control over ballot papers in direct violation of Arizona law. Coupled with unapproved software installed on multiple election department computers, and it creates what the citizen watchdog group AUDIT AZ calls an "interlock." "This makes manipulation of vote counting easy and thus leaves elections vulnerable to undetectable fraud."

Arizona public officials confidently claim their system is completely safe from hackers. Yet, Maricopa County is the USA's fourth-largest elections department handling 56-58 percent of all Arizona votes cast. Its polling places rely on 22, sole-purpose laptop computers and their phone line modems to transmit final polling data from the Sequoia machines to election headquarters over phone lines and the Internet.

If CIA and Defense Department sites are hacked thousands of times daily, what, besides desert bravado or blind arrogance, gives anyone any indication their vote is safely counted?

John Roberts Brakey
As AUDIT AZ co-founder John Brakey told us, "Lax handling of ballots and decisions relieving poll-workers of audit responsibility mean, regardless of the wishes of individual voters, the entire system can be manipulated and outcomes determined on central tabulation computers with expert hackers who are then able to completely cover their tracks."

And before you take Governor Brewer's or AG Goddard's (neither of whom would answer questions posed over three years by this reporter) tack of ignoring the message and instead attacking the messenger, dismissing all charges as baseless conspiracy theory ... ask yourself why Arizona's elected and unelected leaders (who all took a forced, unpaid, furlough day Friday to save money) have spent more than $1 million tax dollars hiring high-profile law firms to fight citizen-filed lawsuits from multi-partisan groups seeking ballot handling reforms?

William "Bill" Risner
Bill Risner, Democratic Party attorney for Pima County, is no stranger to election procedure battles. In 41-years of practice, he says the central problem of the current computerized systems is they are easy to cheat. "When the fact of 'easy to cheat' is combined with the 'impossibility of challenge' and 'nobody is looking,' the seriousness of the present vulnerability of our election system is obvious," he says.

Brad Roach, unsuccessful Republican candidate for Pima County attorney and lead counsel on the voter case said, "John Brakey and I are as politically opposite as you can find and would not likely agree on anything, but we agree on this." He describes Brakey as being as passionate as any death penalty opponent crusader he's ever met. "John's devoted years to this and we should thank him. While we disagree on most things political, he's absolutely right, your vote is the most important thing any citizen has," said Roach.

Brad Roach
Roach further said he cannot fathom why elected leaders don't understand that "when you fight, fight, fight everything, you make things worse and it serves no utility." He continued, "If you have nothing to hide, why not just be open on something this important?"

He is suing the Maricopa County Board of Supervisors and others requesting "Mandamus" and Injunctive Relief. The Mandamus action is unique in that it demands the court order public officials to follow existing Arizona election laws.

Plaintiffs want to ensure the entire ballot chain of custody is secure and Arizona's mandated audit trail is returned to full compliance, no matter how inconvenient or time consuming, to ensure integrity in the voting process.

The case was recently assigned its second judge. In a Friday telephone hearing, Judge Oberbillig, County Defense Attorney Colleen Conner and Roach all agreed nothing could be done in time for the primary election on Tuesday.

However, the Mandamus action falls outside of cumbersome civil trial rules and the judge said there was time to move forward with an expedited jury trial and emergency orders issued from the bench before the November general election.

Said Roach, "How patriotically ironic is it that on a question as important as insuring everyone's individual vote is counted, a jury of one's peers will decide the merits of this case?"

But what, if anything, can stop the arrogance of Arizona's elected and unelected leaders?

When Governor Brewer was secretary of state, she wrote the rules for voting machines across the state, however, when questioned repeatedly about them, claimed she had no authority to change the rules or order new ones.

The bar in Arizona for any recount is already higher than in almost every other states, with a minuscule one-tenth of 1 percent margin and inside five days the standards to trigger a recount. Miss either milestone and no recount can ever be granted.

Indeed, during a 2004 primary election between two Republicans decided by just four votes, officials were ready to begin a hand recount of all paper ballots, at their own expense, to ensure accuracy. Secretary Brewer called the local supervisor of elections and informed them they were "breaking state law and ordered them to stop." The only way to count ballots under Arizona law was to rerun them through the same machine that had already spit out this data. Jan Brewer explained on video she stopped the recount because "an angel was on her shoulder and guided her in the right direction."

In the second machine run, 496 extra ballots magically appeared inside one machine's "count" that were not part of the first ballot. Maricopa Elections Supervisor Karen Osborne under deposition stated, "an 18 percent error rate in machine tabulations was within their acceptable margin of error." What citizen would volunteer their ballot to be one of the nearly one in five miscounted in that "acceptable margin of error"?

Across Arizona, there is a pattern of refusal to cooperate with voter groups. Elected officials refuse to return phone calls asking for comment, ignore or obfuscate Freedom of Information Act requests for information and, later, even ignore judge's orders. And there seems to be zero consequences for state workers. To date, no one has been fired, reprimanded or reassigned for incompetence for any of these bungled elections.

Even when brought into court, the rank incompetence causes judges to throw their hands up in disgust, resulting in convoluted rulings. Two years ago, Bill Risner won all of the legal argument, but lost his case when Maricopa County Judge Edward O. Burke agreed County Elections Director, Karen Osborne, did not follow election law, ensure ballot integrity and provide an unbroken custody chain.

However, he ruled against the plaintiffs saying, "in a county the size of Maricopa, perfect compliance with the statutory electoral scheme, while desirable, is not possible due to time, space, the practicalities of the electoral process and the number of persons involved" in denying their injunction for a hand recount.

So, where does the voter go to ensure the accuracy of their vote count? Well, one could try voting in the UK as an example. There, the hand vote count performed across 650 parliamentary constituencies during the recent general election was a model of efficiency and accuracy.

This reporter covered Wales' Vale of Glamorgan constituency hand count. The result was declared final at 2:23 AM, with congratulations all around. It was completely transparent. All votes were counted across the nation in exactly the same way, with party observers and even candidates sitting directly across the table from and silently observing the counting teams throughout the night. Too, there was no artificial time pressure of reporting vote results on the 11:00 PM news. They were committed to getting it right.

The sanctity of one person, one vote, unites otherwise deeply divided and polarized Republican, Democrat, Libertarian, Tea and every other party. So, why won't a Republican governor and a Democratic AG, both seeking the state's highest office, demand transparent accountability by state officials?

Terry Goddard
AG Goddard has led a "Keystone Cops" criminal investigation of the 2006 Regional Transportation Authority (RTA) election. Bill Risner sued Pima County, demanding a recount (and they are the party that WON!), trying to assure vote integrity as the result made no sense. How could a measure they supported suddenly win after losing so badly in every previous election?

 When a whistleblower came forward saying the election result had been hacked, AUDIT AZ entered the fray. In the original UK Progressive article on this subject, they alleged and proved a Pima County election official had purchased an illegal scanner. Election Director Brad Nelson admitted in a deposition he wanted to test for himself whether ballot scanning machine memory cards could be hacked as demonstrated by Finnish scientist Harry Hursti in the HBO film "Hacking Democracy."



And boy did they test. (The question remains ... until they got it right?) Seventy plus machine memory cards were reported as "damaged." Hacking enough voting machine memory cards to affect an outcome before an election is clearly difficult. The more ingenious way is, as alleged in Risner's case documents, to break into the central tabulator using a simple and untraceable Microsoft Access table. This instantly changes results inside headquarters and leaves no trail.

And this was four years ago, imagine how sophisticated hackers have become since 2006 (placing a full PacMan game on one "sealed" machine being but one example.)

Risner asserts one can determine if the RTA ballot results were hacked by reviewing the polling summary tape totals included with the ballots from the poll site and comparing them with the actual paper ballots from each polling location. A furious legal battle, costing Pima County hundreds of thousands of dollars, ended when AG Goddard's team swooped in and removed the ballots to an undisclosed location from a storage facility in Tucson. He then did his own recount without reconciling the poll tapes and declared the result final.

The problem? Almost one-third of the poll summary tapes, supposedly stored with the ballots, were reported "missing" at the time of his count. No one knows and the AG will not answer whether they were missing when he conducted his recount or before. Too, Pima County officials as "the customer," were allowed unfettered access to the ballot storage facility despite being implicated in the criminal investigation. And the logs of who visited the facility have not been released by the AG.

The issue has been stonewalled because, according to a local attorney wishing to remain anonymous, "by implication, the AG's office ends up looking either incompetent or complicit in a cover-up. With the election just 10-weeks away, the impact it could have on Goddard's election chances to the only office he has coveted since childhood, would be devastating."

Aside from immigration reform, economic loss issues around the "Paper's Please" law and an increasingly radical right-wing agenda, any further light on her otherwise anonymous tenure as secretary of state would create more problems for Governor Brewer's re-election campaign.

The irony is Democrat Goddard may end up hoisted on this petard and never know for certain his own ballot count fate since the rules change makes it easier for heavily Republican and lax-on-security Maricopa County officials to find results that favor Governor Brewer's re-election bid.

No matter what happens, democracy could be the ultimate casualty. As I wrote after the '08 general election for The Huffington Post, with the Maricopa recount case and result, was it possible Arizona's John McCain actually lost his own red state when every other state touching Arizona voted FOR President Obama?

Connecting electoral dots, Phoenix (Maricopa 56-58 percent) and Tucson (Pima 18-22 percent) account for roughly 75 percent of votes cast in any Arizona election. Evidence also exists that Pima County election department staff frequently accessed the early "vote by mail" official count database. Imagine the impact of this "Zogby poll from hell" as John Brakey calls it. "Illegally passing along actual early vote totals to party insiders allows them to conduct a series of Robocall and other campaign activities that could sway voters based not on research or polls but on actual vote counts!"

Arizona is no stranger to election controversy. Paper or machines? Most would probably now vote paper every time. To quote AUDIT AZ's motto: "Election Integrity is not about the Right or Left; it's about right, wrong, greed and corruption."

Denis G Campbell is the American Editor of UK Progressive. He is a political and business pundit contributor to both BBC television and radio. Denis specializes in translating the American electoral and governing process for UK and EU audiences and vice versa, contributing regularly on UK elections and issues to the Huffington Post. He has contributed to newspapers and magazines around the globe. In his “spare” time, he is managing director of Target Point Ltd focused on social media, communication strategy, leveraging technology, corporate change and building world class selling organisations. Denis has lived in the EU since 1998.