Author: Benny White

J.D., Republican, Data Analyst for the Arizona Republican Party, Represent Pima County Administrator as member of Pima County Election Integrity Commission, 25 years of political activity, 14 years experience with election law, procedures and administration.

What next?

Benny White, J.D.

September 18, 2021

The Senate is scheduled to receive a report of some sort from the Cyber Ninjas on Friday, September 24. This will be another press extravaganza designed to continue to disinform the public about elections generally and the 2020 General Election in Maricopa County. Many claims will be made. Most will probably have no evidence and will be difficult to verify.

We think the Ninjas will say they found more votes for Donald Trump and there are several areas where they continue to have questions because they have not been given all of the information they need from the Maricopa County officials.

I will address a few areas we suspect they will try to tell the public where they found problems.

Duplication

The Ninjas were confused about ballots that were duplicated; they were not sure which ballots to count or did not trust the duplication process. The Secretary of State reported that instead of counting the ballots that were duplicated and were actually counted in the official results the Ninjas decided to count the original ballots that had some sort of defect that prevented them from going through the vote counting machines.

Here is a table that shows the actual number of ballots that were duplicated during the entire election:

You can see there were a total of 27,457 ballots that were duplicated and included in the official results. These included mail and early ballots that were duplicated by the election boards before they went to the central count room where the ballots were tabulated. The remaining 7,436 ballots were those that were rejected by the tabulators for some reason and had to be duplicated.

There is no mystery here. There are clear, detailed public records available that account for each of these ballots.

Electronic Adjudication of Ballots By Adjudication Boards

The next area the Ninjas will probably complain about is the process of electronic adjudication. Electronic adjudication allows an expedited and accurate process of resolving ambiguous vote marks and determination of write-in vote marks. Maricopa County is the only county in Arizona that employs electronic adjudication, in part due to the size of the voting population and the number of ballots cast in their elections.

Here is a table that accounts for every ballot that underwent electronic adjudication:

This table shows that there were 2,089,563 total ballots counted. We have public records that confirm that each of these ballots were cast by a qualified voter and the daily records of ballot tabulation of Early, Provisional and Election Day ballots exactly matches the official results.

Much was made initially about the high percentage of ballots that required electronic adjudication. There were 235,392 ballots (11.27% of total ballots cast) that were reviewed by adjudication boards. The vast majority were contests (102K) for which no changes were made, the reason being that the oval was identified as being ‘ambiguous’ (an insufficiently filled in oval), and the adjudicator examined the oval and decided that the weak mark was actually vote intent. The weak mark was allowed to stand without changing anything. Finally, 132,139 ballots needed some sort of modification to resolve which whether the write-in mark was for a qualified candidate, which qualified write-in candidate should receive a vote, whether it was really an overvote or undervote.

11,954 of these electronically adjudicated ballots involved the Presidential Elector contest. There may have been other contests that had some issue with vote marks but the table below shows exactly what the issues were, how they were resolved and what the results were:

This data shows us a few very important things. First, the vast majority of these ballots (6,611) were marked for unqualified write-in candidates. Secondly, these adjudications awarded additional votes to all three Presidential candidates with Biden receiving 2,069 to Trump’s 1,516.

There is a detailed record for each one of these ballots, the actions taken and identification of the election board involved and the time the action was taken. In addition to those records that were produced at the time the action was taken there is a complete record of the adjudication action included with every digital image of every ballot no matter whether some ambiguity was resolved or not.

We anticipate that the Ninjas will once again demonstrate that they don’t know what they are doing. They will talk about counts that we will show are wrong. They will talk about various problems they have discovered. Most of these will be about things involving election administration and operation of the election systems which they did not understand when they started and haven’t learned about over the last six months.

They attempted to create a different result that would show Donald Trump won Arizona and they have failed.

Yet Another Delay for Public Records

Benny White, J.D.

September 17, 2021

As you know, we submitted a Public Records Request on August 11 for the ballot and vote counts generated by the Senate election review. We have not received those counts yet.

The Arizona Supreme Court dissolved the stay that was holding up the release of public records to American Oversight in its decision not to hear the appeal filed by the Senate. That decision by the Supreme Court threw the case back into Judge Kemp’s court for a final decision. Yesterday, Judge Kemp issued an order that may be helpful to break the logjam holding up release of these records.

The order tells the Senate to produce a pleading by the end of the day, Friday, September 17, listing all of the records they have received from the Ninjas and an expected schedule for the receipt of all records. If that pleading includes the counts we have requested we may be able to demand a response to our Public Records Request and get the counts in the near future, possibly before the Ninjas give their report to the Senate. I am not holding my breath.

However, Judge Kemp also prolonged the process, which he is required to do by legal procedures rules. Now, the principals in the American Oversight case will appear before Judge Kemp on October 7 to argue the issue of legislative immunity which the Senate is claiming to withhold records and redact vital information from documents they have produced.

That means we may not see the Ninja counts until sometime in mid- to late October, well after the Ninjas have submitted their “report” and the claims they make have been widely and frequently broadcast across the media outlets and social media without any way for us to factually counter what they claim.

The obfuscation by the Senate in contracting out important legislative work and then failing to properly supervise that work is frustrating for everyone. We are continuing to do everything we can to hold everyone involved accountable for the damage they have done and continue to do with this fraud.

Stay tuned.

Arizona Mystery: Did Cyber Ninjas Botch Another 2020 Presidential Recount Attempt?

Benny White, JD

September 13, 2012

Steve Rosenfeld did a great job of disclosing how the people in charge of the Arizona election review, whoever they are, are continuing to engage people who are incompetent to do what they are hired to do.

The most recent example is the hiring of “Dr. Shiva” who claims he knows how to do ballot image analysis but so far is unable to produce any results.

All of this is a part of a well-orchestrated disinformation campaign. These folks don’t really have to tell the public what is wrong with elections, they simply make a series of claims with no evidence to back them up.

If they ever produce a report, which is more questionable every day, we intend to completely destroy their claims, all of them, with facts and evidence.

Public Records Request for Ballot Images

Benny White, JD

September 2, 2021

I submitted a new public records request yesterday for a few ballot images and training materials related to electronic adjudication of ballots counted in the Maricopa County 2020 General Election.

Allegations were made that there were too many ballots modified and that there was no way to tell what changes were made. In addition, there were claims that the changes were made to ensure Joe Biden won. None of that was true.

Check out the recent public records request to learn what really happened and why we want to review a few ballot images.

Arizona Election Review – Tyranny Unabated

Benny White, JD

August 25, 2021

Sen. Karen demonstrated yesterday that she knows no limits to the extent she will go to cover up the mess she has created in Arizona.

She is going to convene a closed-door investigation but only use the data she contracted for to analyze the 2020 General Election in Maricopa County. She says this is all focused on increasing election integrity. Nonsense.

The legislature recently passed legislation to form an election oversight committee. Sen. Fann is not going to allow that committee of fellow legislators to be involved in reviewing or commenting on the election review report. Members of the Judiciary Committee with jurisdiction for elections? No way. Oh, no, she says, no outside comments will be considered. Really?

She doesn’t want to know how wrong the hand count and machine count really were so she is not going to consider any contrary facts. Just the Ninja circus counts. Eventually this phony report will be published and the disinformation campaign will continue on steroids. We will keep trying to present the facts in the case.

It is difficult for me to believe that our state legislators, Attorney General and Governor will sit silently on the sidelines with their hands folded and allow this tyranny to continue but that appears to be exactly what is going to happen.

Update – Arizona Court Proceedings in Public Records Cases

Benny White, JD

August 24, 2021

On Thursday of last week the Arizona Court of Appeals issued its decision that the trial court decisions in American Oversight v Fann would be upheld. There were two decisions by Judge Kemp at the trial court level earlier. One was that the Senate had to produce records being requested by various parties and that they had to collect records their agents had accumulated while doing work for the Senate. In addition, those records had to be produced by August 31.

On Friday, the Senate filed a Petition to Review (PR) with the Arizona Supreme Court in order to appeal the decision by the Court of Appeals. The immediate result of that action was to continue the Stay for release of public records that was ordered initially by the Court of Appeals before they heard the case last Wednesday. So, for the moment, no one is getting any public records from the Senate or their agents.

The Arizona Supreme Court is not obligated to grant review of the decision by the Court of Appeals. However, they probably will due to the fact that the matter is of statewide importance and involves a high level of public interest. The Justices can take their time to decide whether or not to hear the appeal and then when various pleadings must be filed. In short, I don’t expect a quick decision from the court but we might hear something by the end of next week.

Stay tuned.

Public Records – The veil of secrecy is starting to fade

Benny White, JD

August 19, 2021

The Arizona Court of Appeals issued an order this afternoon telling the Arizona Senate that they must deliver documents they have custody of and those held by the agents, i.e., the CyberNinjas and their subcontractors.

Our public records is a bit different than those at issue in the American Oversight and Phoenix Newspapers cases. Those cases involve funding and process questions. Our request is the only request, so far, for the work products of the Ninjas and the Senate hand count and machine count of ballots. Without those counts there is no way to compare anything the Ninjas report to the official results.

It is critical that our requests for the counts be responded to in a timely manner. Otherwise the Ninjas can make any claims they like but there will be no way to check to see if they are valid or not.

We are hopeful the custodian of the Senate records will read the recent court decision in the same way we do and will promptly deliver the records of the counts.

If you want to read the court order it can be found here.

Stay tuned.

Court Actions in AZ Senate’s “forensic audit”

Benny White, JD

August 16, 2021

There are some important court hearings coming up that will decide whether the Senate has to produce records they and their agents have accumulated during their so-called “forensic audit.”

One case involves Phoenix Newspapers Inc. v Arizona State Senate. That case is moving slowly and will be impacted by a different case, Fann v Kemp, being heard this week and a companion case Fann v Kemp and American Oversight, being heard next week in the Arizona Court of Appeals Division One.

Both of these cases are asking for similar records from the Senate. The Senate and their agent, CyberNinjas, have argued that they have legislative immunity and are independent contractors and are therefore not subject to Arizona’s Public Records Law. On August 2, Judge Kemp, in Maricopa County Superior Court decided in the American Oversight case that the records accumulated during the “audit” were public records and the Senate was required to obtain records from their agents if they were not already in possession of the records. That ruling is being appealed.

On Wednesday, August 18, Fann v Kemp, will be heard to decide whether the case can proceed as a Special Action. The Court of Appeals will probably decide that the matter is appropriate for a Special Action since it involves public officers and agencies. But next week on Wednesday, August 25, the important case, Fann v Kemp and American Oversight, will be heard. That case will decide whether Judge Kemp was correct and the requested records must be produced or Senator Fann is correct that they don’t have to tell the public what they have been doing.

We expect a decision after the hearing on the American Oversight case prior to Labor Day. The difference between what the newspapers and American Oversight is asking for is that we are asking for the ballot counts and the vote counts. The other requests don’t cover those and without those counts the public will never know if the reports by the Ninjas and the Senate are correct or not. That is why I submitted a public records request for the records involving the counts of ballots and votes generated by the Ninjas and the Senate machine count of the ballots. Without those records the Ninjas and the Arizona Senators can say anything they want to say and there will be no way for the public to see if they are telling the truth or not.

No matter what the Court of Appeals decides, I expect the losing party to appeal to the Arizona Supreme Court. There are numerous deadlines for filing various pleadings and for the Supreme Court to decide whether or not they want to hear the case. I expect them to take the case because it is an urgent matter of statewide importance. With all of that said election cases are generally expedited through the courts. I anticipate that the Arizona Supreme Court will hear the case and issue an opinion by the end of September. The loser in that case could petition the U.S. Supreme Court to hear the case but I doubt either party will take it that far.

Just how “independent” was the Senate machine count of the ballots????

The Arizona Republic reported that Bryan Blehm, the attorney for the CyberNinjas, was responsible for the machine count of the ballots. He supposedly had an unreported oral contract with the Senate where he received no compensation (a requirement to actually have a contract) for putting ballots into the counting machines for a month. Waiting, and waiting, for the counts.

Why ask for counts from the “forensic audit” being done in Maricopa County?

August 12, 2021

Benny White

I recently submitted a Public Records Request to the Arizona Senate custodian of records. It is essential that someone gets access to the counts of ballots and the votes on the ballots that the CyberNinjas and then the Senate (aka CyberNinjas, disguised as independent contractors) produced during their “forensic audit” of the Maricopa County (AZ) 2020 General Election.

The reason it is essential for someone to get these counts is to have some ability to see if anything the CyberNinjas and the Arizona Senate reports has any credibility at all. If we don’t get these public records then no one will have any ability to challenge anything that comes out of the “forensic audit.” We will just have to take their word for it.

We think that is a real problem. Senator Karen Fann has already told the world that the count by the CyberNinjas does not match the official results. She didn’t tell us how much they differed but it was enough for her to authorize an additional count of the ballots to see how many ballots were really in those boxes. Her liaison, Ken Bennett, didn’t trust the new counts he was seeing so he asked us to check on a few boxes and he gave us the machine counts he had. We found one box that was off by 18 ballots and several that were off by 1 or 2. Close, but in this situation, you have to be exactly correct, 100% accurate. Close is not good enough.

When we get the counts we will compare on a box by box, batch by batch, precinct by precinct or whatever is required to see if the Ninjas got the right ballot count and whether the Senate machine count of ballots can be trusted. If you don’t get the count of ballots correct there is no way the count of votes could be correct. We expect the Senate machine count to be pretty close on most counts except for the problems you have when you are relying on people to write down numbers correctly on several different sheets of paper before they are entered into a computer.

If needed we will be able to compare the results on a ballot by ballot basis by looking at the ballot and comparing that to the ballot image. That assumes the ballots are back in the boxes in the same order they were initially in which is actually a pretty shaky assumption after watching what the Ninjas have done with the ballots.

Right now the courts are deciding whether or not we can get access to these records. Judge Kemp in Maricopa Superior Court issued a decision in a case called American Oversight v Fann et. al to indicate the Senate had to produce these records related to the audit and that they had to produce records generated by their agents and contractors for work they did in the audit. That decision is on appeal and we expect a decision sometime in the next few weeks. We expect a favorable decision and when we get the counts we intend to allow the public to see for themselves whether the audit has produced any useful information. We suspect everyone will see that the official results announced last November were correct after all.

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