Some facts:

  1. Sammy Chavira lost his council seat in the current August 30, 2016 Primary Election.
  2. I am Councilmember Elect of the Yucca district in Glendale.
  3. Yesterday, September 12, 2016 the Maricopa County Board of Supervisors voted unanimously to approve and accept the Maricopa County Recorder’s Canvass of Votes.
  4. The Board of Supervisor’s vote is a mandatory legally recognized action taken as required by Arizona State Statutes. Here are the relevant statutes:

“16-646. Statement, contents and mailing of official canvass

  1. The board of supervisors shall deliver a copy of the official canvass for all offices and ballot measures in the primary and general elections to the secretary of state in a uniform electronic computer media format that shall be agreed upon between the secretary of state and all county election officials.
  2. The certified permanent copy of the official canvass for all offices and ballot measures in a city or town election shall be filed with the appropriate city or town clerk, or in a special district election with the clerk of the board of supervisors, who shall maintain and preserve them as a permanent public record.

16-647. Declaration of election to office; delivery of certificate of election

The board of supervisors shall declare elected the person receiving the highest number of votes cast for each office to be filled by the electors of the county or a subdivision thereof, and the clerk of the board shall, unless enjoined from so doing by an order of the court, deliver to each such person, upon compliance with the provisions imposed by law upon candidates for office as conditions precedent to the issuance of such certificates, a certificate of election, signed by the clerk and authenticated with the seal of office of the board of supervisors.”

  1. The Canvass of Votes Resolution is the last item on tonight’s, September 13, Glendale City Council meeting agenda:
  1. This City Council action, whether it is approved or rejected or tabled, has no legal effect on the Canvass of Votes.  There is no state statute that requires a local jurisdiction to approve or reject the Canvass of Votes. The Glendale City Council vote is no more than a formality and ministerial. If necessary, I expect the Glendale City Attorney to verify this fact at tonight’s council meeting. Can you imagine the chaos that would ensue if each jurisdiction could reject the Canvass of Votes and overturn the voters’ decision? Only the Maricopa County Board of Supervisors, by state statute, can vote to accept or reject the Canvass of Votes. By state statute, the Board of Supervisors vote regarding the County Recorder’s Canvass of Votes is a legal and binding action.
  2. Yesterday, September 12, 2016, Sammy sent the following letter to all Glendale City Councilmembers:

“Fellow Glendale Councilmembers,

I am greatly concerned by the election process that took place on August 30th. As my opponent, Joyce Clark, has already pointed out in previous correspondence, Glendale voters need reassurance that every single vote has been counted. (More about this statement further down in this blog.)

The loss of custody of a memory card containing voter completed ballots from the Don Mensendick polling location for over 12 hours brings into question the integrity (sic), and assurance are necessary to remove any shadow of doubt.

I am requesting the Maricopa County Recorder provide evidence to the City of Glendale and its residents that while the memory card was out of custody, it was not tampered with (sic). I am also currently working with the County Recorder to endure Glendale has not had ballots being dismissed due to signature irregularities or other reason (sic) without proper cause and procedure, as is being alleged in other parts of the county.

Until the County Recorder is able to provide this evidence I urge the Glendale Council to delay official canvassing of the election results with respect to Mrs. Clark, myself and Glendale residents.


Councilmember Samuel U. Chavira”

  1. Sammy Chavira is in violation of State Statutes regarding the Open Meeting Law.  A councilmember may not send or verbally communicate with all councilmembers(or even another councilmember) requesting their assent on a council meeting agenda action item. The Canvass of Votes is an agenda action item scheduled for tonight, September 13, 2016. His letter to all councilmembers is the clearest and starkest example of an Open Meeting Law violation I have ever witnessed. I had no concern, as Sammy stated, as to whether every vote was counted. Rather in my communication to the County Recorder’s Office I suggested the very opposite.
  2. I sent the following email to the City Clerk when I learned of the situation at Mensendick School:

8/31/2016 12:18:50 P.M. US Mountain Standard Time

Hello Ms. Bower,

Thank you for providing information.

However, I am concerned as I suspect all other affected candidates are, about the integrity of these ‘missing’ ballots. Would you please forward this email on to Helen Purcell, the County Recorder, with the following question:

Ms. Purcell,

I understand the ballots from one Yucca district were ‘missing’ and have been discovered. I also understand they were ‘locked up’ overnight.

Please provide me with some proof of the integrity of these ballots. I don’t see how they can be legitimately counted when they were under no one’s supervision or care for an estimated 12 hours or better.


Joyce Clark”

  1. Yesterday, September 12, 2016 I viewed the County Board of Supervisor’s meeting. Here is the link: . Steve Gallardo (a buddy of Sammy’s), District 5 Supervisor, asked about the “Mensendick school situation.” The County Recorder’s Office explicitly stated that the bags holding the voter data had their seals unbroken and intact. I am reassured and satisfied by their explanation of events. I accept the County Recorder’s explanation as true and valid. It seems Supervisor Gallardo accepted their explanation as well and was also satisfied as he seconded the motion to approve the Canvass of Votes. The motion was approved unanimously. There was no follow up questioning by Supervisor Gallardo nor did he make a motion to reject the Canvass of Votes.
  2. Yesterday afternoon the County Recorder’s Office sent to all councilmembers via the City Clerk its assurance and verification that the Mensendick ballots were not tampered with. Each councilmember has the evidence that Sammy requested from the County Recorder.
  3. The only way that Sammy can contest my win is to seek court action. Sammy has already been advised by an attorney that he has no case and will not win in court. It is his burden to prove that the Mensendick ballots were tampered with and that he cannot do.

Why did Sammy get his buddy, Supervisor Gallardo, to ask about the Mensendick situation only to have Gallardo approve the Canvass of Votes? Why did Sammy violate the Open Meeting Law with his request of all councilmembers to table their acceptance of the Canvass of Votes when council’s action has no legal effect? Why is Sammy so willing to deny the will and choice of Yucca district voters?

Sammy is embarrassed that he lost. Sammy is angry after he and his special interests flushed so much money down the toilet. Sammy is unwilling to accept the Yucca district voter’s decision.

Sammy is willing to use any means, foul or futile, to overturn the voice of the people. Sammy is unwilling to accept the voters’ rejection of his record: his abuse of taxpayer money; his failure to attend city council meetings; his failure to hold district meetings; his disdain for the law regarding a simple traffic ticket; and worst of all, his failure to return his constituents’ calls and to represent them. He lost because he didn’t do his job. He thought he was entitled. He was arrogant and exhibited a lack of respect for the very people he was supposed to serve.

Sammy is a loser. He lost the election. He needs to get over it and there is no expectation that he will do so gracefully or honorably. And while he’s at it…Sammy, it is way past time to take down your campaign signs. By law they are to be removed within 10 days. It’s now 13 days and counting. But then again, the law, whether it is the Open Meeting Law or Canvass of Votes, doesn’t seem to mean much to him.

© Joyce Clark, 2016        


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