QW Final Draft With Redactions
QW Final Draft With Redactions
B.J.B.
J.D.K.
T.R.P.
B.E.S.
E.B.S.Jr. )
S.N.A. ) PETITION FOR REVIEW
R.B.E. ) SPECIAL ACTION IN
J.G.P. ) WRIT OF QUO WARRANTO
L.K.I. )
R.J.C. )
F.M.I. )
S.S.
M.M.S.
R.P.S
N.L.B.
G.W.
R.S.
C.H.C. II
E.P.R.
D.B.S.
Petitioners
v.
Respondents
Respectfully submitted
WITNESS to filing:
________________________________
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I. PARTIES
1. We the People of the State of Arizona ex rel., Petitioners pro se, are
residents and lawful electors in the state of Arizona (see affidavits). Petitioners
identity and their respective qualifications for office are outlined fully on the
sworn affidavits. Petitioners have chosen to redact their names and personal
information and utilize initials due a reasonable concern for their safety.
November 2018 or November 2020 elections as well as the City of Tucson 2019
election.
3. Pro se filings are held to a less stringent standard than those drafted
by attorneys. See Haines v. Kerner 404 U.S.519, 520 (1972) Due to the urgency
and nature of the claims, Petitioners ask the court to review and proceed within 5
days.
II. JURISDICTION
State Officers. Ariz. Const. art. VI, § 5(1). Petitioners ask the court to accept
interest with Attorney General Mark Brnovich as he, in his current position, and
by nature of this writ, is also in question1 (Rule 42 of the State Bar of Arizona,
5. ”By the express provisions of the statute a private party can only
bring Quo Warranto when he, himself, claims the office or franchise in question."
Skinner v. City of Phoenix, 54 Ariz. 316, 323, 95 P.2d 424, 427 (1939). Therefore,
Petitioners ask that this Court accept jurisdiction. We the People of the State of
Arizona ex rel., have the right to challenge the usurpers and claim the offices in
Petitioners come as a group instead of individually, to save the court time and
1Petitioner has followed Arizona law in first making Attorney General Mark Brnovich aware of this Petition for Writ of Quo
Warranto, while declaring an immediate conflict of interest due to his State Office being filled during the 2018 election, which,
by this writ is proven to be unlawful, and therefore himself an alleged inadvertent usurper. This poses a direct conflict in that he
could not be unbiased in filing this petition for Petitioners..
2 https://www.courtlistener.com/opinion/1193580/state-ex-rel-sawyer-v-lasota/
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6. Per ARS 12-2044 A. “When the action involves the right to an office,
the complaint shall show the one who is entitled to the office, and the issues made
thereon shall be tried. The judgment given shall adjudge who is entitled to the
office. If judgment is given awarding the right to the office to the person alleged to
be entitled thereto, he may recover the damages which he has sustained by reason
actions by others that were in direct violation of HAVA federal law and state
Conditions for receiving votes for office were not met as to law and statute.
Therefore Respondents are inadvertent usurpers. Should the court find, once the
issues are tried, that the Respondents are usurpers, Petitioners submit each’s
question. From time to time, a seat may inadvertently become vacant due to
illness or death, or other reasons. At those times, the appropriate official may
appoint a person to fill that seat Pro Tempore without going through the usual
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means of getting on the ballot and being elected at normal election time.
Petitioners are each constitutionally eligible for Pro Tempore office. When in the
past, Citizens have been appointed by the Governor to finish out a Senate term due
known politicians, but this is not necessary. Any Arizona resident meeting the
unusual situations.
to help in a temporary way. The executive branch are all, by nature of this writ,
inadvertent usurpers, and therefore it falls to the court to appoint. The seats will be
vacant upon judgment of usurpation. It would not be prudent to leave the state
without leadership for the weeks it would take to remedy this crisis. For a short
time, it makes sense to allow entitled and qualified citizens to utilize wisdom and
fair judgment under oath to serve. There is nothing that prevents it.
This writ compels the court to view and understand the factual evidence which
creates the intrusion of office, to judge usurpation, and to appoint Pro Tempore
citizens to fill the vacant seats. In this case, the Petitioners will not serve until the
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next scheduled election, but until a special election, which may be as quickly done
of Arizona.
The right to freely elect one's representatives and to influence the political
foundation. Without free elections, there is neither the possibility for citizens to
express their will nor the opportunity for citizens to change their leaders, approve
policies for the state, address wrongs, or protest the limitation of their rights
afforded to them by the Constitution. Elections establish the citizenry's and the
Our rights have been grossly violated and injury occurred and is occurring. The
facts show clearly egregious illegality. Results of these failures render null the
leadership in place. In these times of crisis, we need bold, clear decision and
leadership. The court must not look the other way as citizens bring forward these
facts before the court. Invalid processes, non-contracted labs and continued
mismanagement and records tampering are very serious when it comes to our
and several VSTL contract vendors did not follow the set forth rules as to the
most basic conditions for being allowed to oversee and inspect the systems and
devices that protect our most precious voice. Compliance to standards set by law
did not happen and contractual fraud occurred on a broad scale. These missteps
invalidate the very processes set in place by law and render outcomes null.
10. Citizens have no other place to turn. Petitioners do not want money
for the injury. Arbitration does not restore the right or property of our vote and
voice. Petitioners ask only for a true legal chance for our voices and the voice of
all Arizonans to be truly heard. We want our voice back. RESTORED. Not in the
next election. NOW. The HAVA act and the EAC were put in place to protect
our voice and the constitutional right of every single eligible voter in Arizona to
have their voice heard. We the People of the state of Arizona ex rel., were
11. The help America vote act of 2002 (HAVA) established US code
signed agreements with vendors who analyze and test equipment. Arizona agreed
to implement and abide by HAVA law and EAC compliance and testing standards
as the first tier layer of protection and integrity for our elections. A.R.S.16-442.B
(VSTLs) and the EAC (Election Assistance Commission) have not existed since
2016 and possibly earlier. The EAC sets forth its standards and rules to be abided
13. These contractor labs (VSTLs) were the critical first line of defense
for the cyber security and functionality of various systems used to tally results
and promise us our vote was counted, and that the systems were free of malicious
intrusion. If the contractor labs did not renew their contracts, then how can they
be allowed access to our most critical infrastructure? How can they certify
anything when they have not agreed to abide by law, and have not entered into
3 https://www.eac.gov/sites/default/files/eac_assets/1/28/Cert%20Manual%207%208%2015%20FINAL.pdf
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regarding other business relationships.4 Technical ability alone does not entitle a
contractor to insert itself into a position of public trust. Law and standard dictate
this.
14. The HAVA laws and EAC standards as to compliance were put there
to ensure the very allegations that are made in this complaint would never
happen. EAC avoided the most important part of its role, and instead it can be
seen from the website that they spent time and money on glossy marketing,
money to the states during crisis. All the while their most frontline function of
securing the people’s rights was ignored. Once scrutiny turned towards their
ability to manage vendor contracts and accreditation they utilized the same
national crisis as an excuse for its lack of oversight and ability to do simple tasks.
This complaint is not about only dates on certificates. Egregious failures of law
and public trust occurred. Petitioners voice was stolen, and questions exist as to
who should be rightly in office in Arizona. Our voice and trust and rights must be
4 section 2.19 through & 3.15 of this manual outlines this in detail: https://www.eac.gov/sites/default/files/
eac_assets/1/28/Cert%20Manual%207%208%2015%20FINAL.pdf Pages 27-41. Ongoing vendor management
and oversight is outlined in sections 4 and 5 of this manual
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15. Since the EAC has been derelict in its duty and employees have
violated the oath they took, Petitioners are left with violation of civil and
prove that the facts are not true. Whether inadvertent or not, the usurpers are
exercising powers that are not theirs to hold. This is dangerous and
unconstitutional. Whether convenient or not, the court must weigh the complaint
16. Injury to Petitioners is such that Civil and Constitutional rights were
unlawful. This voids the rights of the usurpers to office, since it voids the vote of
only until such time as a free and fair election can be held.
18. This is a complaint that shows clear lapse of standards since 2016:
19. The legal foundations here are solid although there is not exact
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20. Petitioners ask the court to take the time for a thorough review of
facts as to merit of these claims. (See appendix) Petitioners so say that this writ,
used to redress a most egregious, broad grievance, is the perfect instrument at this
time for this injury. May the court have courage to consider an unusual but
21. The petition submitted before this court is unique and is therefore an
opportunity to act upon fact in a most extraordinary way. This petition may not
have perfect similitude to any previous case or quo warranto filing. Nevertheless,
this is why we have the courts in place, to decide upon foundational clear
constitutional standard, the violation and injury that is present. At times new and
22. The facts that Petitioners bring and the solution offered are to be
measured by the constitutional foundations and the federal laws that Arizona
ratified and agreed to abide by in state law. Petitioners sworn affidavits prevent
them from sitting in a seat of office for any longer than is necessary to secure the
23. Citizens have come forward with this prerogative writ, seeking
not only relief from the illegal actions that violated Arizonan’s civil and
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chosen this writ and challenged usurpers seats so as to be part of the very
relief sought.
Solutions to crisis that are far reaching in time as to years, and in jurisdiction as to
People of the State of Arizona, ex rel., present ourselves as part of the solution, in
lieu of coming as complainants only, and we bring this writ together accordingly.
25. We the People of the state of Arizona ex rel., petition for a timely
restoration of justice and rights that addresses thoroughly the fallout from the
statewide illegality of past elections caused by unelected entities. (EAC and VSTL
contractors)
26. The focus is not on fault in this case. That may be for another
instrument. Indeed millions of taxpayer dollars have been wasted through people
not doing their job. Violations of law occurred at the federal level but were left
unchecked at the state level. Petitioners find this writ to be a timely and
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resource-saving way to provide resolution and remedy to such broad scale HAVA
clearly through fact and evidence, HAVA law dictates that complaints be brought
at the state level and remedy is to begin there. 52 U.S.C 21112 outlines this.5 No
direct instruction is given as to how the state must remedy the complaint.
Therefore consider that there is no law forbidding this writ utilized in this way.
deadline within which to file. The 60 day deadline is nowhere in statute or code.
29. The US code cited 52 U.S.C. 21112 notes no deadline within which
the citizen must file, but does note the response time of the state in such matters.
wherein Respondents prove the facts to be untrue and their seats lawfully held.
(B) Under the procedures, any person who believes that there is a violation of any
provision of subchapter III (including a violation which has occurred, is occurring,
or is about to occur) may file a complaint.
(C) Any complaint filed under the procedures shall be in writing and notarized, and
signed and sworn by the person filing the complaint.
5 https://uscode.house.gov/view.xhtml?req=(title:52%20section:21112%20edition:prelim)
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(D) The State may consolidate complaints filed under subparagraph (B).
(E) At the request of the complainant, there shall be a hearing on the record.
(F) If, under the procedures, the State determines that there is a violation of any
provision of subchapter III, the State shall provide the appropriate remedy.
(G) If, under the procedures, the State determines that there is no violation, the
State shall dismiss the complaint and publish the results of the procedures.
(H) The State shall make a final determination with respect to a complaint prior to
the expiration of the 90-day period which begins on the date the complaint is filed,
unless the complainant consents to a longer period for making such a
determination.
(I) If the State fails to meet the deadline applicable under subparagraph (H), the
complaint shall be resolved within 60 days under alternative dispute resolution
procedures established for purposes of this section. The record and other materials
from any proceedings conducted under the complaint procedures established under
this section shall be made available for use under the alternative dispute resolution
procedures.
30. HAVA cases have been brought 2 years after the fact and so there is
therefore her office would not be able to process the complaint due to conflict of
interest.
33. Petitioners are bringing quo warranto to the correct court for this
instrument, and as a court of last resort for relief at the state level.
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solution may not be comfortable to entertain, yet Petitioners assert that it is the
By filing this quo warranto we expose that Arizona’s elections in 2018, 2019
(Tucson), and 2020, were illegally held, per the HAVA law and corresponding state
statute, and therefore null and void. (It is most likely the case that the 2016
elections could be included but will not be in this filing). [FIND EVIDENCE SET
May the court understand that election equipment was designated to be critical
infrastructure, and although this topic has been hyped and politicized, we stick to
logic and facts as Petitioners bring the details forward. We see that the law was
The only questions the court needs to answer as to quo warranto relief in relation
36. Are the alleged usurpers proven to be in office illegally? They are - by
allegation and proof of fact. Let them come and prove otherwise.
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not precedent as to direct challenge with this number of petitioners and this unique
situations.
38. Are Petitioners entitled to the seats they challenge? Yes. Petitioners
official with authority to do so. Vacancy exists upon proof of usurpation and
judgment as such.
39. Have Petitioners and indeed citizens across Arizona been broadly
contractors have broadly failed in their responsibility to provide for the most
important foundations of our voice and our vote and our public trust in the process
that upholds our constitutional republic; our fair, free and just election process.
The very institutions set up to protect us, and to administer the HAVA law, have
failed us miserably.
40. Petitioners realize the times we are living in and that if the court finds
the facts to show inadvertent intrusion into office, that by implication, our state is
currently run by all usurpers. Petitioners do not have the full and final answer as to
how to correct this other than to hold new elections. Petitioners risk their time,
utilizing such a legal instrument or such relief for this gross, widespread illegality,
the court must weigh the facts and precedent with full understanding of the gravity
of the violations of civil and constitutional rights. Once the facts are reviewed, we
ask the court to provide the relief. If the court is unwilling or unable to do so, we
respectfully ask for a full reasoning as to why and thorough direction as to where
the Petitioners may find justice. Our state is in a crisis, being run by illegal
42. Our constitutional right to redress a grievance goes further than the
right to submit a document before the court. Our right to find restoration of justice
forward and present evidence to show that the factual claims are incorrect.
Petitioners have spent great time, effort and convenience to bring this claim before
the court, let the Respondents take these violations of law and our constitution with
upon being notified by the court. The urgency of the claims demand immediate
response. Usurpers should not exercise powers not legally vested in them for one
day more.
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43. There were multiple violations of law and the violations shown in this
complaint, affected each Arizona county in the 2018, 2019 (Tucson) and 2020
elections.
implement. No matter how this complaint may play in the court of public opinion,
45. Public trust in elections, whether from the mass frustration with 2016
all time low. If the court reviews this petition and does nothing, what might that do
to further erode public trust and rule of law? Every single Arizonan, regardless of
do not have a government that can work. We are to have a government OF the
people BY the people and FOR the people. The complaint itself demands timely
response. Petitioners ask the court for a full review within 5 days.
of Arizona ex rel., are here to help the court begin to provide that relief, asking
nothing for ourselves but for a short window to help the people govern themselves
through this time. Injury occurred and crisis exists and is now known. Knowing
Petitioners submit that quo warranto relief related to HAVA in this complaint
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cannot and should not be as it has been for other HAVA infractions, and that
regarding Cochise County HAVA violations brought 2 years after the fact, a
violation
system.
49. Note in the (COCHISE) HAVA case - that nowhere do the citizens
receive back their voice or precious votes or confidence for the violations of
law and constitutional rights by another. Hand slapping, fines, new rules for the
future and more statute and committees won’t fix what has happened and is
minded writ backed by fact and intention to help, is a valid and lawful start on that
path. This court is the only court that can remedy widespread state usurpation.
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50. One might conclude that petitioners should just wait until the next
election cycle ‘if you don’t like the outcome’. Petitioners complaint has nothing to
brings complaint because they don’t like someone or do not like an election
outcome. Indeed, in such a case, the citizen should trust the process, become
involved and vote. That is how we bring lawful change in this state and nation.
Petitioners in this complaint, come before the court of last resort with very serious
violations of law that occurred and are occurring that hijacked our constitutional
privilege and responsibility. The vote. The facts show that injury due to violations
of law affected every Arizonan from every political stripe. Petitioners ask the court
to see the urgency in providing unusual remedy that does not include continuing
the same system that creates obfuscation, confusion, cover up, lack of oversight,
intrusion into office, violation of rights, and maddening frustration from all ‘sides’.
51. A simple and clear, observable paper ballot election with 1 page of
basic rules might be one way to refresh this great state and set us on course to
respect one another and the very process designed and created to provide for
personal empowerment. This may require an acknowledgment from all sides that
there has been widespread election mismanagement for years despite herculean
52. Time is of the essence. The EAC is continuing along its course of
valid contracts exist with VSTL vendors. Our Arizona Equipment Certification
security, to advise counties and be the middle tier of due diligence in this process.
Whatever work ECAC has done to advise and offer opinion regarding equipment
in the last several years, is null and void since the top tier accreditation at the
national level was not done. Arizona agreed that was of number one legal
importance. A.R.S.16-442.B7
B. Machines or devices used at any election for federal, state or county offices may
only be certified for use in this state and may only be used in this state if they
comply with the help America vote act of 2002 and if those machines or devices
have been tested and approved by a laboratory that is accredited pursuant to the
help America vote act of 2002.
Arizona counties own, and utilized VSMs (voting systems) that were contractually
uncertified and illegal. One cannot take a counterfeit bill from a bank and call it
legal tender just because the bank didn’t catch the counterfeit at first. That
fraudulent bill would be removed from circulation despite the initial mistake in
tendering it.
The Arizona level due diligence does not replace federal level failures, it is meant
to supplement it and add to it. Arizona ECAC is able to do nothing more than ask
good questions of the system machine manufacturers and be told that the company
7 https://www.azleg.gov/viewdocument/?docName=https://www.azleg.gov/ars/16/00442.htm
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‘build’ is EAC approved. (See meeting minutes)8 The AZ ECAC has tried, in the
technical specs, to manage the firehose of continual add-ons, security updates and
state statute changes. No matter their due diligence, it does not make up for the
lack of full, detailed security and technical protocols and agreements put in place
by HAVA law that were not ratified, legal or effectual. Perhaps it is time to stop
the current unmanageable and bloated structure and go back to simplicity. It seems
set up to perpetuate with no one to blame and very little redress for grievance.
53. When is enough enough? Our state and country has had division
since 2016 due to concerns about fair and secure elections. Each time a ‘side’
doesn’t like the outcome, they point to whatever details they can find to resolve
their grief. Perhaps both ‘sides’ have seen and know that something isn’t right and
the system is rife with frustration, illegality and mismanagement. This petition is
concerned citizens from all backgrounds and walks of life. The violations continue
54. Every Arizonan’s cause and heart deserves to be heard at the ballot
box. Let the court help restore this foundational constitutional right with a spirit of
8 https://azsos.gov/elections/voting-election/voting-equipment
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55. There are things that taxpayer money, and more pages of rules cannot
fix. Trust, fairness, and restoration of rights deserve and demand immediate
Arizona would have the courage to be a frontier state in stepping forth to bring
simplicity, honor and trust back to the process and be an example to the nation.
require the court to rule in unprecedented ways and consider fair and wise use of
this quo warranto in a slightly new way to serve the common good. Nothing
57. As the court sees the facts laid out as to violations of law, Petitioners
Petitioners are entitled and qualified to sit Pro-Tempore in usurpers seats. Waiting
for the next election cycle allows egregious violations to remain acknowledged but
not dealt with, and intruders into office to be allowed to act on our behalf.
enable more failed, bloated responses to very real violations of rights. The current
offer opportunity for and participate IN the remedy and relief in an effort to
help restore our own and other’s rights that were stolen.
59. The court can see the variety of usurper positions challenged in this
quo warranto by looking at the list of Respondents. These positions were chosen
that might best help any transition and further the solution. Petitioners were not
groomed for office nor intended to hold public office, and yet all are competent
citizens who meet the constitutional requirements for each position challenged.
60. The court might choose to allow alleged usurpers the freedom to
continue to seek the seat vacated in a new election, without implementing the
Petitioner respectfully requests that the Court enter Judgement against the
Respondent as follows:
CONSTITUTIONAL FOUNDATIONS:
Arizona Constitution
Title 2 Article 2 Section 2. All political power is inherent in the people, and
governments derive their just powers from the consent of the governed, and
are established to protect and maintain individual rights.
Amendment XIV
Section 1.
All persons born or naturalized in the United States, and subject to the jurisdiction
thereof, are citizens of the United States and of the state wherein they reside. No
state shall make or enforce any law which shall abridge the privileges or
immunities of citizens of the United States; nor shall any state deprive any person
of life, liberty, or property, without due process of law; nor deny to any person
within its jurisdiction the equal protection of the laws.
Alexander Hamilton