A Tucson man, John Brakey, filed an election challenge to the Arizona Presidential Preference Election on Friday, April 8. The case filed in Maricopa County Superior Court cites problems with both voter suppression and election procedures.
The suit calls for the April 4 certification of the Arizona’s Presidential Preference Election to be cancelled and no new certification issued until “the election is properly conducted and in compliance with Arizona law.”
Brakey, Co-founder in 2004 of AUDIT-AZ, won previous lawsuits against Maricopa County in 2010 and Pima County in 2007 resulting in increased election security procedures. Brakey has earned a reputation since then as being obsessed with proving rampant fraud as part of a massive conspiracy.
The defendants in the current case include Secretary of State Michele Reagan, Maricopa County Recorder Helen Purcell, and the Boards of Supervisors of all 15 Arizona counties. Brakey is represented by attorney Michael Kielsky of Udall Shumway in Mesa.
“Elections are meaningless unless they’re accurate,” said Brakey, 61, of Tucson. “I understand that Secretary Reagan felt she was following the law that said she ‘shall’ certify the election. She was doing her job and now I’m doing my job as a citizen.”
Reagan, who has earned scorn from all sectors, seemed to encourage Brakey’s wild claims about percieved irregularities in last year’s Pima County Bond Election.
The lawsuit cites problems including improper changing of voters’ party affiliations resulting in voters being refused the right to vote, and the failure to provide ballots to qualified voters.
In Maricopa County, the state’s largest, approximately 24,000 voters were forced to vote on provisional ballots. Only 17% of those votes were included in the certified election results. In contrast, over 67% Pima County’s 8,466 provisional ballots were approved.
The March 22 election limited Maricopa County polling places to 60, less than one-sixth of the number available in the 2008 Presidential Preference Election, the last time such an election was held with no incumbent on the ballot. This led to waits of five hours or more for many voters. Many were unable to vote because they had to return to jobs, care for their children, or because they were physically unable to stand in line for such long periods.
The lawsuit includes sworn statements by a poll worker, voters, and election experts. Additional evidence will be presented as the case progresses.
The first hearing for the case is set for April 19.
This case is unrelated to the announced investigation into the Arizona election by the U.S. Department of Justice.
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