Arizona Secretary of State

FBI says foreign hackers are trying to gain access to election systems

by

Screen Shot 2016-08-30 at 1.11.32 PMOn this primary election day in Arizona, there are some disturbing reports about Arizona’s election data base being vulnerable to foreign hackers.

There is also this recently released analysis from the Institute for Critical Infrastructure Technology, ICIT Analysis: Hacking Elections is Easy! Part One: Tactics, Techniques and Procedures (link to .pdf).

Michael Isikoff reports for Yahoo News, FBI says foreign hackers penetrated state election systems:

The FBI has uncovered evidence that foreign hackers penetrated two state election databases in recent weeks, prompting the bureau to warn election officials across the country to take new steps to enhance the security of their computer systems, according to federal and state law enforcement officials.

The FBI warning, contained in a “flash” alert (.pdf) from the FBI’s Cyber Division, a copy of which was obtained by Yahoo News, comes amid heightened concerns among U.S. intelligence officials about the possibility of cyberintrusions, potentially by Russian state-sponsored hackers, aimed at disrupting the November elections.

Those concerns prompted Homeland Security Secretary Jeh Johnson to convene a conference call with state election officials on Aug. 15, in which he offered his department’s help to make state voting systems more secure, including providing federal cybersecurity experts to scan for vulnerabilities, according to a “readout” of the call released by the department.

Read more

Secretary of State Michele Reagan ignores the law, puts Green Party on the ballot

by

Oh Bob, Bob, Bob . . . your “Hillary hatred” blinds you, you can’t see the forest for the trees. Green Party Success in Arizona!

Screenshot from 2016-02-11 12:39:46In 2015, our Tea-Publican legislature passed and Governor Ducey signed HB 2407 (.pdf),  which declares it the policy of the Arizona legislature that the “strict compliance” standard apply in referendums and recalls, effectively instructing the courts that the court-created “substantial compliance” doctrine for minor errors in complying with Arizona election laws is no longer permitted. A.R.S.§19-101.o1 (referendums) and A.R.S. §19-201.01 (recalls).

It is an open question whether the “strict compliance” standard now applies to all Arizona election laws as the declared policy of the Arizona legislature.

Election law attorney Tom Ryan recently sued Secretary of State Michele Reagan under the “strict compliance” standard for her mishandling of the Special Election for Prop. 123. Complaint filed to delay Special Election over Secretary of State’s failure to ‘strictly comply’ with election laws. Ryan was unsuccessful in that lawsuit, on other grounds.

Read more

IOKIYAR: Secretary of State Michele Reagan not accountable for violating the law

by

When Congress uses the word “shall,” it intends to create a mandatory obligation. That was the unanimous conclusion of the U.S. Supreme Court this week in the case of Kingdomware Technologies, Inc. v. U.S. (opinion). “Shall,” the Court emphasized, was meant as “a command.”

This is one of the cardinal rules of statutory interpretation. It applies not only to acts of Congress, but to state legislative acts as well.

A couple of weeks ago I posted New complaint filed against Secretary of State Michele Reagan – will the AG Act this time?

This week we learned “Oops! … I did it again.” Reagan’s office skips election manual:

MicheleReaganSecretary of State Michele Reagan did not compile a new election procedures manual for the 2016 cycle, perhaps the first time in decades, if not longer, that the office did not release the biennial publication that instructs county and local officials on the conduct of elections.

* * *

State law requires the secretary of state to submit the manual for review to the attorney general and governor “not fewer than ninety days before each election,” a deadline that has already passed for the 2016 primary election. The manual must be issued no less than 30 days before each election, which some county election officials say is no longer feasible.

* * *

[T]he law says: “Such rules shall be prescribed in an official instructions and procedures manual to be issued not later than thirty days prior to each election. Prior to its issuance, the manual shall be approved by the governor and the attorney general. The secretary of state shall submit the manual to the governor and the attorney general not fewer than ninety days before each election.”

Not this time.

Reagan’s office has decided it’s not necessary. To her, state law is more of a recommendation than a requirement.

Read more

New complaint filed against Secretary of State Michele Reagan – will the AG act this time?

by

I previously posted about the legal travails of our hapless Secretary of State, Michele Reagan. GOP Culture of Corruption: Secretary of State Michele Reagan must go.

This week we learned “Oops! … I did it again.” Reagan’s office skips election manual:

MicheleReaganSecretary of State Michele Reagan did not compile a new election procedures manual for the 2016 cycle, perhaps the first time in decades, if not longer, that the office did not release the biennial publication that instructs county and local officials on the conduct of elections.

* * *

State law requires the secretary of state to submit the manual for review to the attorney general and governor “not fewer than ninety days before each election,” a deadline that has already passed for the 2016 primary election. The manual must be issued no less than 30 days before each election, which some county election officials say is no longer feasible.

Without a new manual, county election officials are now using the 2014 version.

Several county election officials say they can’t ever recall a two-year election cycle in which the Secretary of State’s Office hasn’t issued a new manual. Maricopa County Recorder Helen Purcell said she doesn’t believe the state has skipped a manual for an election cycle at least since she took office in 1989.

Read more

Arizona Special Election 2016 results on Prop. 123 and 124

by

Today was the Arizona special election for Prop. 123 and 124.  123 is the education funding amendment and 124 is the public retirement systems amendment.  Early results from Arizona Secretary of State: www.azsos.gov Looks like from the early returns that Prop. 123 is winning, 51% to 49% (but too close to call), as not all … Read more