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Ernest Hancock vs. Jan Brewer - CV-06-0252-SA

Written by Subject: Voting - Election Integrity
I've gotten so many calls and emails that I wanted to get this up right away. I'm not going to spend much time on this today since it is my 22nd Anniversary to "My Wife is my Life" Donna. So I'll get more detailed tomorrow.

I'll comment on all of the weird behind the scenes stuff later this weekend.

I was called by the Az Attorney General’s office this morning at about 7:30am. We agreed that I would come by later in the morning to pick up my 2 hard copies of the Response to the lawsuit. I was also to receive an email version to my home and to the radio station. Later in the day I was called and told that they had a bounce from my work email (too big an attachment I guess). I didn’t get an email at home either and asked that they resend it to my home. I still haven’t got it but I did just get a supplemental filing that is the copy of a fax to the Az Attorney General’s office stating that the Department of Justice has no problem with the changes to Arizona State law in the lawsuit.

The real story I’ll go into later is… Can’t keep my wife waiting 

Bottom line is that they all of a sudden they are reviewing applications for the "Verification Committee" required as the first step towards a 2% manual count of the election to verify the election computers accuracy. The notice that they had a web page for applicants to apply was just made aware to any and everyone I know (and I had to tell the bill’s sponsor, Karen Johnson (R) myself this afternoon). I found out yesterday and e-mailed it out to one of my lists and MIT grad and computer wiz C.D. Tavares filled out the paperwork to be at least one of 2 Libertarians I know personally to have the qualifications for the job of determining how much of an error is going to be allowed before it is determined that a computer can’t count.

I have made a public information request as to when this application page was created.

I don’t know how many applicants there were. The deadline for applications is 20 minutes from now,…. Hardcopy in the hands of the Secretary of State by 5pm August 11th, 2006 (are you feeling something is wrong yet?)

Representative Karen Johnson has many questions that she is asking of staff etc. and I hope to have more for you by the end of the weekend.

The formatting of the following PDF I copied the text into here is rough but you’ll get the idea.

What was funny was that one of the exhibits provided the court by the AG’s office as to the existence of the application online for the verification committee was a screen shot of the web page. On the right side of the web page was a listing of all of the press releases by Jan Brewer’s office. Release after Release on Clean Elections Government Funded Campaign stuff but not a single one about asking for people to make sure there was an accurate election… typical. These people don’t see the same things most of us do.

“Freedom Good, Government Bad… bad bad bad bad”


Thank you.

I did not receive an email of your response or the attachments. I left a phone message at the phone number on the cover page of the hard copy I picked up this morning.

Could you resend it to this address?

Thank you,


-----Original Message-----

From: Diana Varela []

Sent: Friday, August 11, 2006 3:49 PM


Cc: Joe Kanefield

Subject: Supplemental Filing

Mr. Hancock,

Please find attached a Supplemental Filing that we made this afternoon.

Diana Varela








1 No. CV-06-0252-SA




Terri skladany*

Chief Assistant Attorney General

Firm State Bar No. 14000

Diana L. Varela (0 18674)

Emma Lehner Mamaluy (0 1 8466)

Assistant Attorneys General

1275 West Washington Street

Phoenix, Arizona 85007

Telephone: (602) 542-7993

(602) 542-8308 (fax)

Attorneys for Respondent Arizona

Secretary of State

Attorney General Goddard has recused himself from this matter. Accordingly,

Terri Skladany, the Chief Assistant Attorney General, serves as the Acting

Attorney General in this case.

Respondent Arizona Secretary of State submitted her Response to Petition

for Special Action, as required by the Court Order, by noon on Friday, August 11,


2006. At the time of filing the Response, the Arizona Attorney General's Office

("AG's Office") had not yet obtained preclearance of Senate Bill 1557 ("SB

1557"). At approximately 2:00 p.m., the AG's Office received a fax from the

United States Department of Justice indicating that it did "not interpose any

objection" to the changes specified in the preclearance submission for SB 1557. A

copy of the faxed letter is provided as Attachment 1.

As stated in her Response, the Secretary posted a solicitation and application

for the Vote Count Verification Committee on her website. The deadline for

applicants to submit applications is 5:00 p.m. on Friday, August 11, 2006. The

Secretary of Secretary is currently reviewing applications and working to appoint

members to the Committee in compliance with SB 1557.

Respectfully submitted this 1 lth day of August, 2006.

Terri S kladany

Chief Assistant Attorney General

Emma Lehner Mamaluy

Assistant Attorneys General

Attorneys for Secretary of State


Original,.and seven copies of the foregoing hand-delivered this 1 lth day of August,

2006, to!

Arizona Supreme Court

150 1 West Washington

Phoenix, Arizona 85007

And two copies of the foregoing mailed the same day to:

Ernest Hancock

5739 N. 11" Way

Phoenix, Arizona 850 14

Pro Se

n n


Civil Rights Division





Date: 0811 112006 J

Name: Ms. Diana L. Varela -I Organization: 4 FAX No: 602 542 8308 J

Off. Phone: I

Name: Marie Falwell -I Organization: DOJ J PAX No: I

Off, Phone:

Number of pages trunsmitted (including this sheet): 2

( 30 Pages maximum )

U .u. Un,1)I1. Ll,.r*** "a " ..I..----

Civil Rights Division

JKT:YR:ANS:maf Voting Sectio~r - NWB.

DJ I 66-0 12-3 950 Pelm~yLvania Averrue, N. W,

2006-5MO Washinglon, DC 20530

August 1 1,2006

Ms. Diana L, Varela

Assistant Attorney General

1275 West Washington Street

Phoenix, Arizona 85007-2926

Dear Ms. Varela:

This refers to Chapter 394 (Senate Bill 1557) (2006), which provides for the following:

changes in pollin.gplace procedures designed to minimize voter wait time;

changes in voting system ~rocedures,in cluding the requirement that voting systenls

provide a paper document that may be used to verify voter choices;

procedures for a sample hand count of regular ballots at each County central counting


4. manual recount and audit procedures for early ballots;

5. the creation of a "Vote Count Certification Committee'' in the office of the Arizona

Secretary of State, and changes relating to the eligibility and selection of committee

members and committee powers; and

6. the procedures for the completion of recounts for certain elections,

for the State of Arizona, submitted to the Attorney General pursuant to Section 5 of the Voting

Rights Act, 42 U.S.C. 1973~. Wc received your submission on July 3,2006; supplemental

information was received on August 7,2006.

The Attorney General does not interpose any ol~jectiont o the specified changes. However,

we note that Section 5 expressly provides that the failure of the Attorney General to object does

not bar subsequent litigation to enjoin the enforcement of the changes. In addition., as authorized

by Section 5, we reserve the right to reexamine this submissioil if additional information that

would otherwise require an objection comes to our attention during the remainder of the

sixty-day review period. Procedures for the Administration of Section 5 of the Voting Rights

Act (28 C.F.R. 5 1.41 and 5 1.43).


chief, Voting Section