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Outrage in Arizona: Most Uncounted Ballots Cast by Latinos

Something is rotten in the state of Arizona. And it stinks of a festering campaign to suppress the growing political power of the state's Latino population.

Because they're still counting nearly 200,000 "provisional" ballots that were handed out in massive numbers because of the large number of first-time voters whose mail-in ballots were not delivered, and others who did not receive their sample ballots, showing up on Election Day with only hats in hand -- even though they had legally registered. From the WSJ:

Arizona elections officials continued chipping away at a mountain of uncounted ballots from the Nov. 6 election, but more than 192,000 uncounted ballots remained Wednesday night, leaving results up in the air and prompting protests from the Latino community.

At least one high-profile contest remains in the balance: the closely watched congressional race between incumbent Democrat Ron Barber—the chosen successor to former U.S. Rep. Gabrielle Giffords—and Republican Martha McSally. As of Wednesday evening, 943 votes separated the candidates, with Mr. Barber ahead.

Many candidates with large leads—such as Republican U.S. Senate candidate Jeff Flake and Maricopa County Sheriff Joe Arpaio—have declared victory while their opponents conceded.

But state election officials cautioned that with so many uncounted ballots they couldn't confirm the outcome of any races. The state plans to release its official results Dec. 3, but "that doesn't stop candidates from declaring victory or conceding defeat," said Matthew Roberts, spokesman for the Arizona Secretary of State's office, which oversees elections.

More than 163,700 uncounted ballots are provisional ballots—meaning ballots that need to be checked for missing information, such as the voter's identity or to ensure the voter hadn't filled out two ballots, or voted at the wrong polling place. The remaining 28,550 uncounted ballots are early mail ballots.

Voters who couldn't provide identification at their polling place had until the end of Wednesday to provide it so their ballots would be counted. But groups that worked to register Latino voters in the state said they feared that some provisional ballots might not be counted if those voters weren't aware of the requirement.

You read that right: If you were handed one of these provisional ballots, you had until yesterday to get back to the courthouse and prove that you voted legitimately. If not, your vote gets tossed.

And even if you do show up and prove your vote legitimate, there's the nagging suspicion it will end up uncounted anyway:

"I think a lot of Latino votes were left out on purpose," said 18-year-old Nicolas Botello, protesting outside the Maricopa County Recorder's office Thursday night. Mr. Botello said he voted, but said he fears other voters won't be counted because they received provisional ballots that may be disqualified.

Some protesters left hand-written notes on a large cork board propped up on the sidewalk behind a statue of the Virgin Mary. One such note read: "I registered to vote but they made me cast a provisional ballot. Did it count?"

So far, Senate Democratic candidate Richard Carmona has not unconceded his race, though he is being urged to do so, since the heavy Latino count inherent in these ballots could change the outcome of his race as well.

But the Barber-McSally race is attracting the usual Republican vote-suppression tactics, as AlterNet's Laura Gottesdiener reports:

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Voters Angry As Arizona Continues To Count Ballots

There were many classic attempts of voter suppression in Arizona and over a half-million votes remain uncounted, so no one should be doing a victory dance just yet:

Nearly a third of votes cast in Arizona remained uncounted the day after the election. Most of them were probably cast by Latinos, organized and newly registered by multiple civil rights groups in the state to combat candidates like the notorious Maricopa County Sheriff, Joe Arpaio.

On Thursday, the Secretary of State, Ken Bennett, announced the figures: 631,274 early and provisional ballots remained uncounted out of a total of 1.8 million votes. At least 350,000 of them are from Maricopa County (Phoenix metropolitan area), where Joe Arpaio has already claimed victory. Activist Randy Parraz, president of Citizens for a Better Arizona, told the Huffington Post, “We’re not conceding anything until every vote is counted. They’re just going to act like, ‘Oh, the election’s over, Arpaio wins.’ Hell no.”

Three Congressional races also remain in limbo. Although Democrat Rich Carmona originally conceded the Senate seat to Jeff Flake on election night, he changed his mind after hearing the unprecedented number of uncounted votes. On Friday, he sent this message to supporters: “We will take every necessary step to make sure all of our supporters’ ballots are counted.” Two U.S. House races are also too close to call until the remainder of the votes are tallied. Protestors from a coalition of rights groups are maintaining a continuous presence outside of the Maricopa County Tabulation and Election Center. In a letter to the county recorder, Helen Purcell, the American Civil Liberties wrote that the “public confidence in the voting process” was at risk.

The situation has attracted attention all across the nation. Saturday, Senate Majority Leader Harry Reid weighed in, issuing a statement of his concern: “All of the votes in Arizona must be counted promptly, accurately and equally. The uncounted votes in Maricopa County alone represent a major portion of the total votes cast in Arizona on Tuesday.” He also pointed out that this problem occurs just as the Supreme Court is ready to consider whether the voter protections in 1965′s Voter Rights Act should be scaled back. Specifically, the justices are being asked to rule that the part that prevents states from disenfranchising minorities is no longer relevant.



Problems Keep Cropping Up With Maricopa Misinformation

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Remember how, last week, we reported that Maricopa County, Arizona, had handed out voter ID cards in Spanish with the wrong date on them -- but were assured that the problem was limited to only fifty or so people.

Now a second incident makes clear that the problem may be more widespread than at first glance:

Last week, the department made the same mistake on a Spanish-language voter registration card it issued to a Hispanic woman. Yesterday it was on a bookmark the department distributed to Spanish-speaking voters.

Maricopa County’s latest error angered many leaders from various Latino organizations across the state, including members from two large organizations that have registered thousands of Latinos to vote.

As Stephen Lemons notes, the elections office, led by a Republican named Helen Purcell, has come under siege for these and other misinformation problems, which included a false media report by a local CBS station that may well have harmed the work of local GOTV volunteers.

In response, Purcell has promised a public-relations campaign to try to dispel any misinformation that it may have inadvertently issued.

An investigation, frankly, would be more reassuring.



Sheriff Joe On Trial: 'Tough' Guy is Looking Pretty Pathetic

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Our favorite nativist nutcase in an actual position of authority, Sheriff Joe Arpaio of Maricopa County, has been coming down off the high notes of his dramatic investigation of President Obama's birth certificate the past couple of weeks. Because he's finally on trial for his racial-profiling policies targeting Latinos in his community.

And it hasn't been much fun for him, as Ray Stern at the Phoenix New Times reports:

Under pointed questioning by Young, Arpaio denied that he equated brown-skinned people with illegal immigrants, as a press release from 2007 demonstrates he did. Young took time to go over a letter received by Arpaio from an anti-immigrant group in which Arpaio had emphasized statements about how police shouldn't be afraid to check the status of day laborers. And Young played a video from another press conference in which Arpaio said he'd have a "pure" program that went after illegal immigrants first, and their suspected crimes second.

But the sheriff made his worst impressions while answering questions about his book, Joe's Law.

Basically, anytime Arpaio was shown some of the blatant bigotry in that book, he blamed it on co-author Len Sherman. And this was despite being read back his testimony from a previous deposition in which he'd said he didn't need to read his own book because he'd written it himself.

Arpaio was forced by Young to back off from a couple of statements in the book, including one in which he wrote that Mexicans don't come to the United States with the same hopes and dreams as people from other countries.. In another part of the book, Young pointed out, Arpaio wrote that second- and third-generation Mexican-Americans were not part of the American "mainstream."

"My co-author wrote that," Arpaio blurted out.

The whole week has gone like that. If his officers were provably bigoted and indulged in nakedly racist policing, why, none of that was HIS doing. He had no knowledge of such things!

As the Arizona Republic put it in an editorial:

Apologists for Arpaio must come to terms with the person they so zealously defend. Either he is America's toughest sheriff, or America's most oblivious sheriff.

Arpaio's attorneys contend that Arpaio's hermetically sealed existence in his own office is intended to avoid micromanagement of professional police work.

"It serves as an insulation against desires and impulses that might not be in the best interest of the community," said attorney Tim Casey.

That runs exactly counter to Arpaio's assertions, repeated endlessly, that his notorious, wasteful "crime-suppression sweeps" through largely Hispanic neighborhoods were conducted precisely because he deemed them in the community's best interests. The very existence of the sweeps was a political statement.

Arpaio and his acolytes either lied to the public about the purpose of those sweeps, or they are lying to the judge now.

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It was pretty comical yesterday watching Andrew Thomas, the former DA in Arizona's Maricopa County and Joe Arpaio's right-hand man in their corrupt attempts to intimidate county officials, hold his press conference denouncing the fact that he had just been disbarred for his behavior.

You see, it's all the fault of his enemies, and he's a martyr:

"I did my job. A lot of powerful people didn't like that," he said.

An Arizona ethics board disbarred Thomas Tuesday for failed corruption investigations that he and America's self-proclaimed toughest sheriff launched against officials with whom they were having political and legal disputes.

"We now have a constitutional crisis in which prosecutors and members of the executive branch are being targeted by the judiciary for blowing the whistle on misconduct in the judiciary," he said.

He compared the figures behind his disbarring to corrupt Mexican officials.

"Arizona, after what happened yesterday, has become Mexico," Thomas said.

The best part, as Stephen Lemons observes:

"Other men, far greater than I, have gone to jail in defense of principles they believed in and so they would not kowtow to a corrupt ruler," Thomas said at one point. "People like Gandhi, people like Dr. King, people like Solzhenitsyn, people like Thomas More, people who stood for something....and I'm going to stand firm."

"Gandhi?" wondered one onlooker in amazement.

Yep, I could hardly believe my ears, too, as Thomas blamed his current situation on others -- a corrupt judiciary, powerful politicians, insiders who knew "how to work the system," Presiding Disciplinary Judge William O'Neil, his fellow lawyers, you name it. Anyone but himself.

Meanwhile, Joe Arpaio was whistling past Thomas' political graveyard in his noncommital remarks. Mainly because his head is next on the block:

And despite Maricopa County Sheriff Joe Arpaio’s efforts to distance himself from cases at the center of a legal ethics panel inquiry that cost a pair of former county prosecutors their careers — the fallout has moved closer.

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Christmas came early for the law-abiding residents of Arizona's Maricopa County yesterday:

PHOENIX — In a strongly worded critique of the country’s best-known sheriff, the Justice Department on Thursday accused Sheriff Joe Arpaio of engaging in “unconstitutional policing” by unfairly targeting Latinos for detention and arrest and retaliating against those who complain.

After an investigation that lasted more than three years, the civil rights division of the Justice Department said in a 22-page report that the Maricopa County Sheriff’s Office, which Mr. Arpaio leads, had “a pervasive culture of discriminatory bias against Latinos” that “reaches the highest levels of the agency.” The department interfered with the inquiry, the government said, prompting a lawsuit that eventually led Sheriff Arpaio and his deputies to cooperate.

“We have peeled the onion to its core,” said Thomas E. Perez, the assistant attorney general for civil rights, noting during a conference call with reporters on Thursday morning that more than 400 inmates, deputies and others had been interviewed as part of the review, including Sheriff Arpaio and his command staff. Mr. Perez said the inquiry, which included jail visits and reviews of thousands of pages of internal documents, raised the question of whether Latinos were receiving “second-class policing services” in Maricopa County.

Mr. Perez said he hoped Sheriff Arpaio would cooperate with the federal government in turning the department around. Should he refuse to enter into a court-approved settlement agreement, Mr. Perez said, the government will file a lawsuit and the department could lose millions of dollars in federal money.

A separate federal grand jury investigation of Sheriff Arpaio’s office is continuing, focusing on accusations of abuse of power by the department’s public corruption squad.

That investigation -- unlike this probe, which involved civil law -- is a criminal matter. The other shoe has yet to drop on that score.

Arpaio, of course, claims that this is all politically motivated:

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"Don't come here and use me as a whipping boy for a national, international problem," said Sheriff Joe Arpaio.

The DOJ warned Arpaio to stop racially profiling Hispanic members of the community, or face the consequences. But Arpaio vowed to continue his controversial immigration sweeps.

"I took an oath of office. I'm enforcing the state and federal laws," Arpaio said.. "It's as simple as that, and I will continue to enforce those state laws."

The normally media friendly sheriff stayed away from the cameras for most of the day today. And when he did speak, it was during a late-afternoon news conference with his attorneys at his side.

"I'm going to say it again, I will continue to enforce all the laws," Arpaio said during the 40-minute news conference.

...

"President Obama and his band of his merry men might as well erect their own pink neon sign on the Arizona-Mexico border saying welcome to your United States," Arpaio said. "Our home is your home."

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While Sheriff Joe Arpaio has been busy arresting Latino car-wash workers and hapless mothers at roadblocks in his Ahab-like pursuit of undocumented immigrants, he's also been looking the other way when it comes to rape and other sex crimes, and letting criminals escape justice.

It's not exactly news that Arpaio's anti-immigrant fetish (not to mention his publicity-hound style) has meant that other kinds of crime in Maricopa County have not received the full attention of the Sheriff's Office. But now it's produced a particularly ugly and telling twist:

The Maricopa County Sheriff's Office failed to adequately investigate more than 400 sex-crime cases, including dozens in El Mirage, over a two-year period because of poor oversight and former Chief Deputy David Hendershott's desire to protect a key investigator from bad publicity, according to documents pertaining to a recent internal investigation released by the Sheriff's Office.

The errors led to interminable delays for victims of serious crimes who waited years for the attackers to be brought to justice, if they were ever caught.

More than 50 El Mirage sex-crime cases, most involving young children reportedly victimized by friends or family, went uninvestigated after police took an initial report. The lack of oversight was so widespread in El Mirage that it affected other cases: roughly 15 death investigations, some of them homicides with workable leads, were never presented to prosecutors, and dozens of robberies and auto-theft cases never led to arrests.

Concern about the handling of the cases dates back several years. However, a recently concluded investigation by Pinal County Sheriff Paul Babeu revealed that an internal probe to get to the root of the problem was blocked by Hendershott two years ago because it would have reflected poorly on an investigator he considered crucial to a separate case.

Hendershott, according to investigators, killed the internal probe to protect Sgt. Kim Seagraves, because she was potentially needed to testify in a corruption case he was pushing.

The Pinal County investigation not only found fault in the El Mirage case, but it illustrated a larger problem with agency investigations.

"It wasn't just El Mirage PD cases," Deputy Chief Scott Freeman told Pinal County investigators. "As they started to look into that, they found that there were a lot of cases that hadn't been worked properly, hundreds of cases."

The Sheriff's Office would not comment on the mishandled investigations, which are the subject of an ongoing internal probe that began after Hendershott was placed on administrative leave last fall.

This reflects something the conservative Goldwater Institute reported three years ago:

The Maricopa County Sheriff ’s Office is responsible for vitally important law-enforcement functions in one of the largest counties in the nation. It defines its core missions as law-enforcement services, support services, and detention.

MCSO falls seriously short of fulfilling its mission in all three areas. Although MCSO is adept at self-promotion and is an unquestionably “tough” law-enforcement agency, under its watch violent crime rates recently have soared, both in absolute terms and relative to other jurisdictions. It has diverted resources away from basic law-enforcement functions to highly publicized immigration sweeps, which are ineffective in policing illegal immigration and in reducing crime generally, and to extensive trips by MCSO officials to Honduras for purposes that are nebulous at best. Profligate spending on those diversions helped produce a financial crisis in late 2007 that forced MCSO to curtail or reduce important law-enforcement functions.

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Well, we already knew that Sheriff Joe Arpaio's plan to create a "citizens posse" to hunt down illegal immigrants was one of the stupidest publicity stunts we'd ever heard of (not to mention a profoundly bad idea bound to end badly).

Now we get the proof: HULK SMASH IMMIGRANTS!

Television 'Hulk' actor Lou Ferrigno has joined an Arizona sheriff's posse targeting illegal immigrants in the Phoenix valley area, the sheriff's office said on Wednesday.

Maricopa County Sheriff Joe Arpaio said Ferrigno, 59, a body builder who donned green makeup to star in the popular 1970s television series 'The Incredible Hulk,' was among 56 people sworn in as volunteers for an armed immigration posse.

Arpaio said the posse would work with sheriff's deputies in operations targeting smugglers and businesses suspected of employing illegal immigrants in the county, among other duties.

Also sworn in alongside Ferrigno: Steven Segal, world's biggest wanker action star.

As a protester who showed up at the event said:

"They must have sunk pretty low in their career to stand by Sheriff Joe Arpaio."

This whole scheme gives me the willies. You just know it's going to turn out badly, for everyone involved.



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Well, for anyone who's watched the saga of Sheriff Joe Arpaio's corruption bubbling along, this won't be a big surprise:

On November 10th, Fox News released their list of America's "toughest sheriffs" on immigration, applauding local law enforcers who want to file suit against Mexico and are encouraging armed vigilante groups in their Counties to name a few notable mentions. Not coincidentally, those named are also America's Worst Sheriff's with Sheriff Arpaio at the top of both lists.

The Sheriff of Maricopa County, Arizona runs an unaccredited jail facility due to poor standards and is the subject of more than 2,700 lawsuits for civil rights and other violations. Additionally, he's the subject of a two year Department of Justice investigation and an additional criminal investigation for misuse of funds.

The other mentions on the list share a similar profile. Frederick County, MD Sheriff Jenkins is the subject of a one million dollar civil rights racial profiling suit. Similarly the Cobb County, NC Sheriffs earned a lawsuit when their "toughest" officers stopped a 23 year old Latino man riding his bicycle and beat him up, breaking his nose and eye socket in the process.

That's pretty much backed up by the latest revelations regarding Arpaio's corruption. Eric W. Dolan at Raw Story has the rundown:

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It was pretty bizarre, watching Joe Arpaio come on Neil Cavuto's show yesterday on Fox and tout the wonderfulness of his record as sheriff of Maricopa County -- and sneer at his pursuers in the Justice Department -- when only a few hours before I had been reading about the latest in a series of damning revelations about how corrupt his office has become:

Joe Arpaio's office misspent funds, analysis says

The Maricopa County Sheriff's Office misused at least $50 million from a fund for jail operations, and county supervisors may have to use the general fund to repay the money, top county officials say.

Findings by the county's Office of Management and Budget show the Sheriff's Office tapped the money to pay for functions not allowed under jail-fund rules, such as salaries for deputies who worked on public-corruption investigations into county supervisors and judges.

Ryan J. Reilly at TPM Muckraker has more:

Excerpts of the reports, obtained by TPMMuckraker, show officials from Arpaio's office made trips to Orlando, D.C., Honduras, Tempe, Belize, Alaska and Puerto Rico on the county's dime and racked up other questionable expenses, like $741 at Sardella's Pizza and Wings. The county was also charged $350 for a hotel room upgrade for one official's spouse. One employee went on multiple extradition trips without submitting receipts for the $62,750 he or she spent -- including $1,341 on Disney World Yacht Club Resort food and entertainment.

Others expenses charged to the county, according to the report, include $1,684 for a portable generator for parade lights on an army tank; $635 at Buca di Beppo when members of the Honduran National Police were in town; and $500 on a carriage ride.

Nary a word about this report was uttered on Cavuto's show -- instead, he was too busy whining that no one in the media would pay attention to Arpaio's clean audit on his handling of prisoners -- an inconsequential issue, since he's not under investigation for that.

Moreover, there was no mention whatsoever of the even more damning revelations coming from within his own office:

Top officials in the office of Maricopa County Sheriff Joe Arpaio used its anti-corruption unit to conduct politically motivated investigations, misled the public about a campaign fund that helped Arpaio win reelection and surveilled the Arizona lawman's campaign rivals, according to an internal memo from a high-ranking officer.

The 63-page memo, first reported Thursday by the Arizona Republic, blames Arpaio's longtime No. 2 man, Chief Deputy Dave Hendershott, for the alleged criminal wrongdoing.

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