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re: The former Maricopa County Elections attorney Rachel Alexander weighs in.

Posted on 12/26/22 at 6:14 pm to
Posted by David_DJS
Member since Aug 2005
22765 posts
Posted on 12/26/22 at 6:14 pm to
quote:

Chain of Custody isn’t a technicality. We agree entirely on its significance.

As it relates to a revote, it's a technicality - is what I meant.

quote:

I think counting these ballots without chain of custody documents disenfranchises the votes of those whose votes were documented and cast legally. From a philosophical standpoint, I think chain of custody is an imperative.

Unless I'm mistaken, I believe we're talking about 50 ballots according to testimony. Or, what ballots are you referring to?

quote:

You prove the absence of a thing by proving evidence of the absence of a thing - which they did. They had a woman testify to the lengths she went to obtain these documents by FOIA req and the state left her voicemails bc they didn’t want to write down that they didn’t have the documents.

But didn't she also testify that she is directly aware of their existence? From the judge's ruling -

Ms. Honey agreed during cross examination that, while she has not received the Maricopa County Delivery Receipt forms – she knows that these forms do, in fact, exist.

quote:

Here are the 250000 chain of custody documents. But because they didn’t - the judge found that there was no evidence that 250000 chain of custody documents were defective.

You may be mixing up the vote types here (or I am).

The chain of custody issue (subject of the FOIA request) are the "door 3" ballots. There were 16K of them, as I recall. There is no issue with regard to the 250K votes that were cast and tabulated at the 223 voting centers.
Posted by mtntiger
Asheville, NC
Member since Oct 2003
29729 posts
Posted on 12/26/22 at 6:25 pm to
quote:

What if testimony also revealed that the ballots were sealed in a container, transported, opened back up at the elections center, adjudicated (transposed) and then tabulated, all with a Republican and Democrat observers accompanying them every step?


Does not matter. Chain of custody has to be maintained, otherwise things are ripe for being corrupted or exploited. There are a lot of ways to make it seem like every vote is being counted and that every box of votes made it or that all of the votes even made it into the boxes.

I honestly don't care if each party had an observer along for the ride. What if the GOP observer is a Lake-hater who is in on the fraud?

Chain of custody matters when dealing with evidence. Signature matching is also crucial, but the judge didn't want to open that can of worms.
Posted by David_DJS
Member since Aug 2005
22765 posts
Posted on 12/26/22 at 7:15 pm to
quote:

Does not matter.

So, order a revote when there’s zero chance the breach of chain of custody mattered frick all in the end result of the election? Yeah, that’s not crazy or anything.
Posted by GeauxGutsy
Member since Jul 2017
5973 posts
Posted on 12/26/22 at 7:18 pm to
What’s done is done. Turn off the news and live life.
Posted by dafif
Member since Jan 2019
8440 posts
Posted on 12/26/22 at 7:27 pm to
quote:

Must actually name the names


Please show me that legal requirement?

If the defendant admits it.. what more is there in our legal system?

And btw, if I was handling , I would have issued a subpoena to bring all the ballots and chain of custody documents to trial the first morning
This post was edited on 12/26/22 at 7:29 pm
Posted by Wednesday
Member since Aug 2017
17300 posts
Posted on 12/26/22 at 7:37 pm to
quote:

There is no issue with regard to the 250K votes that were cast and tabulated at the 223 voting centers.


There is no proof that these 250000 are legal ballots, bc no chain of custody documents were produced by Maricopa County. Where did these 250000 ballots come from? How were they inserted into the process. The fact that Maricopa didn’t produce the chain of custody documentation in my mind means that Maricopa did not prove, with evidence, that 250000 ED ballots, were legal votes.

The way that the law is interpreted (not written, but interpreted) is that bc Maricopa said they counted 250000 votes, that these votes were legal and they are all true votes - unless proven otherwise. Why exactly are you willing to give them the benefit of the doubt to Maricopa County, when its representative, perjured himself under oath? Further, we know that at least 50 of them were improper. Why do you think that the violations were limited to this example? If they are lying in these contexts, what the hell else are they lying about? There is no way to verify i.e. certify the elections without looking at these documents. That has ALWAYS been my problem with these “because I say so that’s why” certifications by secretaries of state since 2020. How do they certify the result was accurate without the chain of custody documents?? These state officials don’t speak things into existence

No chain of custody documentation was produced for 250,000 ballots. You’re willing to assume that this means that the chain of custody documentation both exists, and that it shows that all 250000 ballots were legally collected and stored, even tho Maricopa didn’t produce the records. i am Not that optimistic. i think the very fact that they are concealing these records shows that we had a reason to mistrust the result. Concealment is circumstantial evidence of intent.

Further, In other cases where a litigant hides or destroys evidence, the law presumes that the evidence would have been bad for the litigant, especially when the litigant has a duty to preserve and produce the records. From a legal standpoint, the failure to produce this documentation after a valid request that Maricopa had a legal duty to preserve, should have been evidence that the chain of custody documents were bad for Arizona/Maricopa.

No documentation means to me that 250000 ballots were illegal votes.
Posted by Wednesday
Member since Aug 2017
17300 posts
Posted on 12/26/22 at 7:41 pm to
quote:

And btw, if I was handling , I would have issued a subpoena to bring all the ballots and chain of custody documents to trial the first morning


Same.

I would have also subpoenaed a records custodian to tell me the steps they took to search for the documents, etc
Posted by David_DJS
Member since Aug 2005
22765 posts
Posted on 12/26/22 at 8:37 pm to
quote:

There is no proof that these 250000 are legal ballots, bc no chain of custody documents were produced by Maricopa County. Where did these 250000 ballots come from? How were they inserted into the process.

You understand that we’re talking about undisputed votes, right? Not even KL questions the validity of votes cast and tabulated in real time at the voting centers by voters electing to vote in person.

quote:

Further, we know that at least 50 of them were improper.

No. You’re confusing 50 ballots entered into the system by contractors that were handling mail-in ballots.

quote:

There is no way to verify i.e. certify the elections without looking at these documents. That has ALWAYS been my problem with these “because I say so that’s why” certifications by secretaries of state since 2020.

You keep skipping over the part where KL’s own witness acknowledges the chain of custody documents exist. And you’re conflating not responding to a FOIA request with it not being established in a cour of law and cited by the judge in his ruling that these chain of custody documents exist.

Are you arguing the KL’s witness perjured herself?

quote:

No documentation means to me that 250000 ballots were illegal votes.

You and a few others on this board are the only people disputing Election Day, in-person votes that were tabulated in real time at voting centers. KL certainly does not dispute them given something like 78% of them were votes for her.
This post was edited on 12/26/22 at 8:41 pm
Posted by Bayoutigre
29.9N 92.1W
Member since Feb 2007
5912 posts
Posted on 12/26/22 at 8:41 pm to
any mention in trial of Runbeck? a contracted ballot handler which is illegal in maricopa,and no chain of custody at runbeck
Posted by David_DJS
Member since Aug 2005
22765 posts
Posted on 12/26/22 at 8:44 pm to
quote:

any mention in trial of Runbeck? a contracted ballot handler which is illegal in maricopa,and no chain of custody at runbeck

Yeah. Their whole role was discussed.

And it’s Runbeck employees that introduced the 50 ballots that everybody agreed were illegitimate because employees tossed their own/family’s own ballots onto a pile.
Posted by Bayoutigre
29.9N 92.1W
Member since Feb 2007
5912 posts
Posted on 12/26/22 at 8:47 pm to
maybe these lawyers are losing these lower court cases on purpose to go to a higher court and bring out more evidence
Posted by David_DJS
Member since Aug 2005
22765 posts
Posted on 12/26/22 at 9:04 pm to
quote:

maybe these lawyers are losing these lower court cases on purpose to go to a higher court and bring out more evidence

Can they do that? I thought they were limited in appeal to testimony/evidence admitted in the original court. But maybe that's not correct.
Posted by Bayoutigre
29.9N 92.1W
Member since Feb 2007
5912 posts
Posted on 12/26/22 at 11:08 pm to
no mention of the military electronicaly monitoring this election.mentioned in the article is marc elias,that he may have emailed the response,that is one corrupt sob,he worked for perkins coie with michael sussman this is the c i a `s law firm,sussman is no longer with us.elias stated before the election it may take days before we know the results.he is part of the fix
Posted by davyjones
NELA
Member since Feb 2019
36755 posts
Posted on 12/26/22 at 11:16 pm to
DJ, your instincts are serving you well here - yes, you’re typically restricted to “the record” built at the trial court level and the evidence/testimony admitted therein. But of course as is usually the case, there are a very narrow set of circumstances wherein new evidence or testimony can be presented and admitted at the appeals court level. And I can’t cite the nature of those very few exceptions off hand, but the typical route of the attorneys would be to assume the record for appeal is complete at trial level and not to rely upon the appeals court judge agreeing that any such exceptions apply.
Posted by Revelator
Member since Nov 2008
62080 posts
Posted on 12/27/22 at 6:49 am to
Republicans need to learn to early vote and this will end all the Election Day shenanigans
Posted by AggieHank86
Texas
Member since Sep 2013
44345 posts
Posted on 12/27/22 at 6:52 am to
quote:

maybe these lawyers are losing these lower court cases on purpose to go to a higher court and bring out more evidence
Posted by Houag80
Member since Jul 2019
19561 posts
Posted on 12/27/22 at 6:52 am to
Because he must perpetuate the lie. If one falls...they all fall.
Posted by bayoudude
Member since Dec 2007
25907 posts
Posted on 12/27/22 at 7:08 am to
It’s time to start over in this country the system is broken and corrupt from the top down
Posted by Joeybd
Member since Oct 2022
544 posts
Posted on 12/27/22 at 8:22 am to
quote:

all the voters who saw the long lines and gave up trying to vote


Ms Alexander doesn't like the Democratic party using the same voting tactics invented by the GOP.

Voter disenfranchisement, suppression has been a major cornerstone of the GOP, Republican election strategies for decades.


Posted by VolcanicTiger
Member since Apr 2022
5933 posts
Posted on 12/29/22 at 8:48 am to
quote:

Ms Alexander doesn't like the Democratic party using the same voting tactics invented by the GOP.

Voter disenfranchisement, suppression has been a major cornerstone of the GOP, Republican election strategies for decades.
Just because your daddy's boyfriend tells you something, that doesn't mean it's true.
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