Tag: cyber ninjas
Battleground Courts Reject GOP Efforts To Block Voting And Create Chaos

Battleground Courts Reject GOP Efforts To Block Voting And Create Chaos

On November 7, the eve of Election Day, judges in numerous battleground states issued rulings that rejected efforts by Trump Republicans to impede the casting and counting of ballots and replace state-approved vote-count verification processes with untested hand counts.

Those critical decisions, which push back on efforts to stymie voters and counting in Democratic strongholds such as the cities of Philadelphia and Detroit, came as the Department of Justice announced that it will send federal election monitors to 67 counties in 24 states across the country.

“The [DOJ] Civil Rights Division will monitor for compliance with the federal voting rights laws,” said the department, listing jurisdictions that are blue epicenters – cities and counties – in Arizona, Florida, Georgia, Michigan, North Carolina, Nevada, Pennsylvania, Texas, and Wisconsin.

The suits filed by Trump Republicans and their allies in national and state Republican Party organizations show the range of GOP efforts to stymie voters, disqualify mailed-out ballots, and create alternative vote counts that likely would clash with results produced by federal- and state-approved election systems.

In Wisconsin, a judge ruling from the bench rejected an effort to set aside and stop counting mail ballots cast by military service members. In neighboring Michigan, a judge rejected a lawsuit filed by Republican secretary of state candidate and election denier Kristina Karamo that would have imposed strict limits on counting Detroit’s mail ballots.

There were three rulings in Pennsylvania. The first rejected a GOP attempt to urge the Pennsylvania Supreme Court to reconsider its ruling on the date range (on mail ballot return envelopes) when the ballots could be accepted. The GOP wanted a narrower window.

(The high court also had ruled that ballot return envelopes had to be properly signed and dated by a voter. As of Monday, a Philadelphia election official said that 3,400 mail ballots had been rejected on these grounds, causing Democratic Senate nominee John Fetterman’s campaign to file a suit seeking to count the rejected ballots.)

Another Pennsylvania ruling rejected an effort led by former U.S. Attorney General Bill Barr that would have impeded Philadelphia’s ability to use electronic poll books to check in Election Day voters. The third ruling rejected an effort to impede election officials in Monroe County from starting to reach out to voters to “cure” – meaning fix – a mistake they made filling out their ballot return envelope.

In Georgia and New York, courts issued rulings to expand access for some voters who otherwise might be disadvantaged. Metro Atlanta’s Cobb County was told to accommodate 1,000 voters who did not receive requested mail ballots. In New York, a court rejected a GOP effort to prevent a polling place from being set up at Vassar College.

In Arizona, a state court stopped Trump Republicans associated with the notoriously sloppy post-presidential election “audit” led by the Cyber Ninjas, an IT firm selected by Republican state senators, from supplanting the state-approved counting and audit process with a manual hand count of every ballot before certifying winners.

In Arizona’s Cochise County, which is on the border with Mexico, Trump Republicans on the county board of supervisors sought to override the objections of their county’s election director and replace a count of all ballots by computer scanners with a hand count. The court said the supervisors, who are Trump Republicans, violated Arizona law.

“The Board of Supervisors has acted unlawfully,” Superiors Court Judge Casey McGinley held. “Defendants urge the Court to consider that permitting a full hand count audit would help ameliorate fears that the electronic count was incorrect, and that it ensures that every vote is counted and counted correctly. However, there is no evidence before this Court that electronic tabulation is inaccurate in the first instance, or more importantly, that the audit system established by law is insufficient to detect any inaccuracy it may possess.”

There will be more court rulings in comings days as the administration of the election shifts from the last day for casting votes – Election Day – to the counting of those in-person votes and processing of mail ballots, which, in many states, can still be received in coming days and will count as long as they were postmarked by November 8.

Steven Rosenfeld is the editor and chief correspondent of Voting Booth, a project of the Independent Media Institute. He has reported for National Public Radio, Marketplace, and Christian Science Monitor Radio, as well as a wide range of progressive publications including Salon, AlterNet, The American Prospect, and many others.

This article was produced by Voting Booth, a project of the Independent Media Institute.

Cyber Ninjas Got Audit All Wrong -- Including 300,000 Miscounted Ballots

Cyber Ninjas Got Audit All Wrong -- Including 300,000 Miscounted Ballots

This article was produced by Voting Booth, a project of the Independent Media Institute.

Late last month, pro-Trump contractors working for the Arizona Senate Republicans reported that Joe Biden had not only won the 2020 election but also gained votes, while Trump lost votes in their count. But an independent analysis released Tuesday of the Cyber Ninjas-led hand count, the basis of its results, has found inaccuracies involving more than 311,000 ballots — a 15 percent error rate.

The same analysis also found that the contractors had double-counted 22,821 ballots, which is more than twice the size of Biden's victory margin in Arizona's 2020 presidential election.

"This is proof that the Cyber Ninjas' [presidential] vote count wasn't real," Larry Moore, a co-author of the analysis, told the Arizona Republic. The Phoenix-based paper first reported the analysis after filing public records requests and suing to obtain the Senate's audit records, which were released late on Friday.

Moore is part of a three-person team of retired election auditors and data experts who have used public records to confirm and explain Trump's loss in Arizona. He founded Clear Ballot, a federally certified election audit firm, and was assisted by Benny White, a Republican data analyst from Tucson, and Tim Halvorsen, Clear Ballot's retired chief technology officer.

Doug Logan, Cyber Ninjas CEO, did not respond to the Arizona Republic's request for a comment on Tuesday. Previously, Logan has rejected analyses by the trio of election auditors, saying they were criticizing ballot inventory and vote-counting work that was unfinished.

Incompetence Revealed, Innuendo Debunked

The 300,000-plus incorrectly counted ballots are from a 695-page report prepared by Randy Pullen, the former Arizona Republican Party chair and a professional corporate accountant, that listed — side by side — figures from five different ways that the Senate's investigators attempted to inventory paper ballots and count presidential votes from 1,634 storage boxes.

The outside auditors found that figures from 706 storage boxes were off by 25 or more ballots, when compared to Maricopa County's official election records. They found the Cyber Ninjas had no record of more than 167,000 ballots in the storage boxes. They found an additional 144,000 ballots where the number of hand-counted ballots in storage boxes did not match subsequent machine counts of the ballot inventory. They found Pullen's hand count totals apparently double counted nearly 23,000 ballots. Their report, posted on their blog, has pages containing highlighted errors in all of these categories of auding mistakes.

"Our initial analysis… completely discredited any comments made by Pullen or Doug Logan about the accuracy of the Senate 'forensic audit,'" the analysts October 12 blog said. "Pullen now says the report he submitted, and [Arizona] Sen. [President Karen] Fann subsequently submitted to the [Arizona] Attorney General when she asked for a criminal investigation of everything the Ninjas have been saying, was only preliminary. Since it is the only report of the extended audit that has been released to the public, we are now going through that report in detail to see how it stacks up against the official results. The answer is not very well."

The disclosure that the Cyber Ninjas most-detailed report cannot account for 15 percent of the votes on 2.1 million ballots cast in Maricopa County is the latest in a series of analyses that have debunked the claims put forth by the state Senate's privatized 2020 election investigation.

On October 6, Maricopa County Recorder Stephen Richer, a Republican elected in 2020, issued an analysis that debunked 12 of the most inflammatory allegations by the Cyber Ninjas team — after they reported that Joe Biden defeated Trump. Those conspiratorial claims drew wide coverage on pro-Trump media and lent momentum for copy-cat "audits" in other states.

The county's explanations revealed that the Cyber Ninjas did not know basics about election administration, which involves a series of interlocking systems and records that range from authenticating a voter's identity and eligibility, to how mailed-out ballots are tracked and inventoried, to how vote counts are tabulated, to how vote-count records and databases are archived. In these and other categories, the contractors have attacked the accuracy of the election and incorrectly portrayed the voting and vote-counting process as flawed.

"Based on our preliminary review of voters found in the Senate's data, we cannot substantiate Cyber Ninjas' conclusions based on the use of a third-party data set," Richer's analysis said, in response to a claim that 23,344 voters—more than twice Biden's victory margin—did not live at the address in their voter file. (The Cyber Ninjas used a commercial address directory, which their report to the Senate said could not find more than 80,000 voters in the county).

"No voter should be denied their right to vote because they are not in a commercial database," Richer continued. "In Maricopa County, we rely on the voter's affirmation of their residential address until we are informed otherwise by the voter or by another trusted resource like the United States Postal Service or the National Change of Address report. A real-time database that tracks the day-by-day movement of every person in the state or in the nation does not exist."

There have been other recent reports that also attest to the Cyber Ninjas' incompetence as election auditors and highlight that this exercise was a made-for-media spectacle designed to perpetuate Trump's false narrative that the election was stolen. For example, Voting Booth reported that the March 2021 contract between the Senate and the Cyber Ninjas did not require the firm to produce a precise report of vote counts, but only an "attempt" to do so.

Emerging from the critiques of the Cyber Ninjas' work are telltale markers, as other bad-faith partisan investigations get underway in other national battleground states, such as in Wisconsin, Pennsylvania, and Georgia. Audits by election professionals take a few days to a few weeks, not five months like the Cyber Ninjas, who covered up mistake after mistake—all the while delaying their final report as pro-Trump media kept claiming the election was stolen.

"The official results announced last November were correct then and they are still correct today," the independent auditors Tuesday blog entry concluded.

Steven Rosenfeld is the editor and chief correspondent of Voting Booth, a project of the Independent Media Institute. He has reported for National Public Radio, Marketplace, and Christian Science Monitor Radio, as well as a wide range of progressive publications including Salon, AlterNet, The American Prospect, and many others.

Arizona State Senate President Karen Fann

Big Liars Cling To Conspiracy Theories After Arizona 'Audit' Debacle

This article was produced by Voting Booth, a project of the Independent Media Institute.

"Truth is truth and numbers are numbers," said Arizona Senate President Karen Fann on September 24, as she summarized the most important finding in the long-awaited report from the pro-Trump contractors hired to assess the accuracy of the 2020 election results in Maricopa County, where two-thirds of Arizonans reside.

That bottom line -- yes, Joe Biden won, and his vote totals had increased while Donald Trump's totals had fallen -- was noted by almost everyone following American politics except for the people who arguably needed to hear it the most: Trump and his base of true believers.

"Yesterday we also got the results of the Arizona audit, which were so disgracefully reported by those people right back there," Trump said at a Georgia rally, pointing to the press as attendees cheered. "We won on the Arizona forensic audit yesterday at a level that you wouldn't believe!"

"We call on each state to decertify… Decertify… DECERTIFY… [their 2020 presidential results]," yelled Republican Arizona state Sen. Wendy Rogers, at a pro-Trump rally outside legislative chambers after the Senate's contractors reported that Biden won Maricopa County by 45,469 votes. (The official results showed Biden beating Trump by 45,109 votes countywide and 10,457 votes statewide.)

Despite the unexpected affirmation of the accuracy of Maricopa County's voting system, other parts of the reports revived and expanded previous conspiratorial claims. There were claims that more than 20,000 ballots might have come from wrong addresses—making the ballots uncountable. Or additional thousands might have come from voters who might have moved away, or people might have voted twice. Another Senate contractor, CyFIR, a cybersecurity firm, said that county election employees were seen on video in what might be images of them erasing key computer records from the 2020 presidential election.

Fann concluded the hours-long hearing by releasing a letter calling for Arizona's attorney general to investigate the alleged data erasure (which county officials deny) and other alleged problems. Fann said that further hearings would be held on the 2020 election.

Schism Between Reality and Fantasy Grows

The reaction by Trump and his base to the Senate's 2020 review, which has sparked copycat efforts in other swing states, underscores that these exercises have always been more about cultivating doubts about unpopular election results for partisan gain than about settling the lingering questions held by the most loyal supporters of a losing candidate.

One need look no further than coverage of the base's reactions by anti-Trump Republicans such as Charlie Sykes, editor of the Bulwark, whose newsletter on September 27 said, "If you have been living in a bubble of naivete or denial, you might have imagined that the results of the Cyber Ninja[s] audit in Arizona would usher in a New Era of Sobriety in our politics. Fat chance."

Still, there are some corners in the world of politics and elections where facts matter and conducting transparent audits where the methodologies and findings are fully released is the standard for credibility. The Cyber Ninjas still have not released their full data sets (they still are fighting public records requests in court), which has led many experienced election officials to comment that the public cannot trust anything they claim—including saying that their results from their controversial hand count was as close to the official results as they reported.

"Cyber Ninjas has no expertise in election audits, so it's no surprise that the methodology of their report makes it impossible to validate their findings," said Matthew Weil, Bipartisan Policy Center elections project director. "Real auditors show their work. Despite finding almost no change in the overall vote totals from 2020, they have succeeded in degrading faith in the results of a free and fair election and delaying discussions of real reforms to improve the voting experience."

Voting Booth, along with a team of experienced election auditors, obtained a draft copy of the Cyber Ninjas' report three days before its presentation in the Arizona Senate and worked on a section-by-section analysis that debunked its false claims and evidence. That analysis was shared with numerous reporters in Arizona and nationwide and election policy analysts as a baseline for their ensuing coverage.

The Cyber Ninjas' draft report insinuated that tens of thousands of voter registrations and paper ballots might have been illegitimate, forged, or even illegal. (In some cases, their final report rolled back or increased the number of voters and ballots that they alleged were questionable by several thousand, but they didn't change the evidence cited.)

The attacks on voter registrations, for example, were based on imprecise commercial data, not on government records used in elections. The forged ballots accusation indicated that Cyber Ninjas didn't know that ballots are printed for voters after they arrive at vote centers on Election Day. Under a microscope, the lines on those ballots appear less crisp than the lines that appear on mailed-out ballots, which are printed by an industrial press weeks ahead of an election.

Nonetheless, the Cyber Ninjas included recommendations for legislative action that are consistent with decades of GOP efforts to put partisan constrictions on voting and intimidate Democratic Party voters, based on clichéd false claims of fraudulent voting. Their legislative recommendations also included authorizing a new private election review industry, which would perpetuate their business model.

"The real reason the GOP is abetting Trumpist conspiracy theories is to justify restrictive voting rights laws, keep the base fired up for the [2022] midterms and lay the groundwork for letting partisan actors step in to influence the outcome of close elections," said Marc Elias, one of the Democratic Party's top lawyers, in an email touting his analysis of Arizona's 2020 review.

Whose Cover-Up?

While most Americans will not delve into the election administration details of Maricopa County's 2020 presidential election or the claims and evidence cited by the Cyber Ninjas, one of the foremost takeaways by pro-Trump contractors was the accusation that Maricopa County was caught destroying key evidence in February 2021. Election officials replied that their staff was archiving data, one of many responses and explanations offered via live tweets.

However, it appears to be the Cyber Ninjas who have been covering up their work and data—even after they issued their report. There were filings and hearings in two Arizona courtrooms on September 24 and 27 over the Cyber Ninjas' refusal to provide public reports, including the complete ballot and vote counts, to the Arizona Republic and public-interest groups. Their refusal is important, because that data will likely reveal the extent of the Cyber Ninjas' incompetence and underscore that Arizona-style "audits" should not occur elsewhere.

"They should never be hired again to do this by anybody," said Benny White, a longtime election observer for the Arizona Republican Party, lawyer, and part of the team of experienced auditors who have been using 2020 public election records to debunk the Senate's review. "They're incompetent, and they lie about what they've done."

White's comments come after reviewing a handful of the tally sheets included in the Cyber Ninjas' report. His team has spent months to identify how many ballots and votes are in each batch and storage box from the election.

"It's very difficult to discern where they got their numbers from," he said, pointing to several columns where spreadsheet fields are blank. "My question is: Why is there not better data there for everything?"

What unfolded between late April and mid-August was a pattern in which the Cyber Ninjas changed the review's focus—moving the goal posts—from retallying the presidential and U.S. Senate election totals to attacking voter rolls and mailed-out ballots and flagging possible cybersecurity issues.

Their early blunders are briefly noted in Volume II of the Cyber Ninjas' report, in a discussion of "quality controls." The report said that "all [handwritten] Tally sheets originally aggregated in the first three weeks of counting were re-entered in the new forms," meaning they had to be redone. Those sheets, which grew to more than 10,000 pages, then had to be entered into an Excel spreadsheet at computer terminals. The report said overhead video cameras were used to catch data entry typos. "The primary function of these cameras was to… demonstrate irrefutable evidence that the data entered was accurate."

By late June, the Cyber Ninjas knew that the hand count's results had differed from the official results by thousands of votes, Voting Booth was told at the time by insiders. The contractors never released the hand-count results and, throughout the summer, went to court to oppose releasing their records to the press. In early July, the state Senate purchased machines to count the number of paper ballots—not their votes—as a way to try to understand what was wrong with the hand count. Until they presented their report on September 24, the contractors never discussed the machine count results.

Meanwhile, White and his colleagues, who had been working for months to hold the Cyber Ninjas accountable, believe that the Cyber Ninjas panicked in late June. That was why they began a machine count of the number of ballots (not votes) in hope of finding new pro-Trump evidence, he said. Instead, that tactic backfired as it confirmed the number of ballots and votes and left no room for speculation about Biden's victory.

At that point, the Cyber Ninjas announced that they had to expand their investigation, which the Senate president allowed—and they revived the longstanding GOP strategy of attacking voter rolls, by alleging that there were tens of thousands of illegitimate voters and thousands of forged ballots. These claims and their specious evidence, all debunked on the eve of the final report's release, involved volumes of votes larger than Biden's margin of victory.

Above all, perhaps one statistic from the Cyber Ninjas' report stands out as an indicator of their lack of expertise as auditors. In the presidential election, they reported counting 2,088,569 ballots. In the U.S. Senate race they reported counting 2,088,396 ballots in the U.S. Senate race—a difference of 173 ballots.

This is a basic auditing mistake; there should be no difference in the number of ballots counted in the same election.

Steven Rosenfeld is the editor and chief correspondent of Voting Booth, a project of the Independent Media Institute. He has reported for National Public Radio, Marketplace, and Christian Science Monitor Radio, as well as a wide range of progressive publications including Salon, AlterNet, The American Prospect, and many others.