Cyber Ninjas AZ Audit Confirms Federal Crime

A draft report leaked to the media the day before the official report was posted by Cyber Ninjas shows that the audit company eliminated the strong conclusion that, in the 2020 Arizona presidential election:

“the election should not be certified, and the reported results are not reliable.”

However, both versions of the report conclude that election evidence, which is required by federal law to be preserved for 22 months, was “intentionally” destroyed, which would constitute a federal crime punishable by fines and up to a year in jail, under  52 USC 20701. The law covers “all records and papers,” which would include those in electronic format,

The original report marked “draft” and “for Arizona Senate Use Only” across the bottom was provided by Patrick Byrne, the former CEO of Overstock.com, who donated heavily to Cyber Ninjas for the audit. The draft report was posted online on September 24, by Jim Hoft of Gateway Pundit, the day before the final report was posted by Cyber Ninjas.

The Executive Summary of the draft report is cut back from eight pages to four pages, and also:

  • Eliminates a table listing the number of ballots with serious issues.,” in the wording of the draft report.
  • Eliminates the full paragraph:

    “In the 2020 presidential election, the margin of victory was only 10,457 votes, a small fraction of the 57,734 ballots with known issues. Again, this is almost 6 times the margin of victory in the Presidential race and is multiples of the margin of victory in other races. Based on these factual findings, the election should not be certified, and the reported results are not reliable.”

Also, the final version eliminates the paragraph:

57,734 ballots with serious issues were identified in the audit. These issues include improper voter registration, improper votes, and discrepancies in the registration. This is a conservative estimate, as there were other identified problems that were not quantified nor included in that total, likely resulting in a much larger number of flawed ballots. Additional issues identified: backdated registrations, multiple voter registrations linked to the same voter affidavit, voters without records in a commercial database, and printing defects rendering thousands of ballots as suspicious.”

The final version adds a paragraph which flips meaning of the entire report. The report now reads:

“What has been found is both encouraging and revealing. On the positive side there were no substantial differences between the hand count of the ballots provided and the official election canvass results for Maricopa County. This is an important finding because the paper ballots are the best evidence of voter intent and there is no reliable evidence that the paper ballots were altered to any material degree.”

However, the data on which the conclusion is based remains the same, detailed in a separate part of the report. Key to this is over 50,000 ballots listed as having issues, the largest number of them, 23,344, being ballots from voters who had moved prior to the election, who could not have received their ballots in the mail. The margin of victory in AZ was under 11,000 votes. This alone is enough to change the outcome of the election.

Mail-in ballots in AZ must be received by mail. They cannot be picked up at the election department.

Numbers of Problem Ballots Do Not Support Conclusion

The number of ballots with serious issues listed in the data portion of the report remains the same, over 50,000 ballots, or five to six times the margin of victory. This means many more ballots are under contention than would be needed to change the outcome.

Cyber Ninjas does not explain how this can be reconciled with the new statement added to the final report that there are “no substantial differences between the hand count of the ballots provided and the official election canvass results for Maricopa County.

The key part of the table which Cyber Ninjas removes from the Executive Summary follows:

Among the major findings of the report are the destruction of evidence which may show clear criminal intent, including server files, logs, and ballot images. Federal law requires that all “all records and papers,” which would include in electronic format, be preserved for 22 months in federal elections, in 52 USC 20701. Penalties are fines and imprisonment of up to one year. Although intent is not a factor in the law, both versions of the report nevertheless conclude:

  • Files were missing from the Election Management System (EMS) Server.

• Ballot images on the EMS were corrupt or missing.

• Logs appeared to be intentionally rolled over, and all the data in the database related to the 2020 General Election had been fully cleared.

52 USC 20701 read in substantial part:

“Every officer of election shall retain and preserve, for a period of twenty-two months from the date of any general, special, or primary election of which candidates for the office of President…all records and papers which come into his possession…requisite to voting in such election…Any officer of election or custodian who willfully fails to comply with this section shall be fined not more than $1,000 or imprisoned not more than one year, or both.”

The critical opening passages of both versions of the report can be compared below.

Original Draft Report, Executive Summary Introduction (click for larger image)

Final Report, Executive Summary Introduction (click for larger image)

It would be up to the Arizona Senate to act on the assertion of what would constitute the federal crime of destruction of election evidence, as well to demand explanation of any conclusions not supported by the ballot data.

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(click for larger image below)

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