MODEL COMPLAINT OF ELECTION FRAUD TO STATE ATTORNEYS GENERAL (see new comments daily)

UPDATE 03.24.10:  All citizen complaints posted here are current.

UPDATE 10.03.09: THE NEW SC COMPLAINT IS POSTED AND IT’S DYNAMITE. I KNOW I SAID THAT ALL COMPLAINTS OF ELECTION FRAUD NAMING NP WOULD BE POSTED ON, “THE CHEESE STANDS ALONE,” BUT I HAD TO GIVE THIS SC COMPLAINT ITS OWN POST. READ IT; YOU WILL SEE WHY. “UP TO HERE IN ELECTION FRAUD IN SC, FROM THE CHAIR OF THE 2008 DNC CONVENTION TO THE CHAIR OF THE DNC.”

UPDATE 10.02.09: HOLD ONTO YOUR HATS. BASED ON NEW INFORMATION, I NEED TO REVISE THE SC COMPLAINT. IN FACT, I NEED TO GIVE IT ITS OWN POST. LOOK FOR IT.

UPDATE 09.24.09: THE GEORGIA MODEL COMPLAINT FOR ELECTION FRAUD IS NOW POSTED, ON THE NEXT SITE, “THE CHEESE STANDS ALONE.” JUST LIKE THE VIRGINIA COMPLAINT, GEORGIA, TOO, IS DIRECTED TO THE HONORABLE NANCY PELOSI, ACTING IN A NON-GOVERNMENTAL ROLE AS CHAIR OF THE 2008 DNC CONVENTION. BECAUSE IN BOTH OF THOSE STATES, MS. PELOSI FORWARDED THE CERTIFICATION OF NOMINATION TO THE STATE ELECTIONS OFFICIALS AND, THEREFORE, IS NAMED AS THE PERPETRATOR OF THE FRAUD. ALL COMPLAINTS NAMING HER WILL APPEAR ON THE OTHER SITE.

UPDATE 09.22.09: CALLING ALL TEXANS WHO SENT COMPLAINTS OF ELECTION FRAUD TO TEXAS AG ABBOTT: COULD YOU PLEASE CHECK IN WITH ME? I NEED A ‘NUMBER’ SO THAT I CAN DETERMINE BEST STRATEGY AT THIS POINT TO COMPEL A RESPONSE. (IF ANY OF YOU HAS RECEIVED A RESPONSE TO YOUR FILING OR, INITIATED FOLLOW-UP CONTACT WITH THE OFFICE OF THE AG, PLEASE, LET US KNOW.)

UPDATE 09.17.09: I ADDED THE SOUTH CAROLINA ELECTION FRAUD COMPLAINT BELOW TEXAS AND HAWAII. PLEASE MAKE SURE YOU ARE SENDING THE CORRECT COMPLAINT.

UPDATE 09.18.09:  PLEASE READ MY LENGTHY REMARKS POSTED IN “COMMENTS,” REGARDING THE THEFT AND SUBSEQUENT DISTRIBUTION OF WORK PRODUCED HERE ON THIS BLOG, AS RELATES TO THE BROUHAHA THIS THEFT HAS INCITED OVER WHETHER A VIABLE COMPLAINT OF ELECTION FRAUD SHOULD ISSUE IN NH.

UPDATE 09.17.09:  I ADDED THE SOUTH CAROLINA ELECTION FRAUD COMPLAINT BELOW TEXAS AND HAWAII.  PLEASE MAKE SURE YOU ARE SENDING THE CORRECT COMPLAINT.

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If you live in a state with a law that requires the candidate for POTUS from the major political party to be eligible for the job before state elections officials will print his or her name on the general election ballot then, Certifying BO is the D nominee without ascertaining whether he is a NBC, just to get his name printed on the ballot, is election fraud.  Here’s how you can compel your elected Attorney General, the chief law enforcement officer in the state, to do something about it.

The Model Complaint of Election Fraud immediately below is tailored specifically to the Attorney General in the State of Texas.  (HI immediately follows TX.)  If you live in Texas and use this complaint, make sure you fill in your name and address in the space marked “From.”  Also, remember to distribute copies to Hope Andrade, the SoS; and Boyd Richie, the state D party Chair.

View this document on Scribd

Here is the Model Complaint of Election Fraud tailored specifically to the Attorney General of Hawaii, citing Hawaii Revised Statutes and fitting the set of facts involved with the Hawaii Certifications to the law.  To send, download by clicking on the Scribd link below the image.  Make sure to fill in your name and address in the space marked “From.”  Also, remember to distribute copies to Brian E. Schatz, Democratic Party of Hawaii; and William Marston, Chairperson, Election Commission.

View this document on Scribd

The Model Complaint of Election Fraud immediately below is tailored specifically to the Attorney General in the State of South Carolina, citing South Carolina Code Annotated and fitting the set of facts involved with the Certifications submitted in South Carolina, to the law.   If you live in South Carolina and use this complaint, make sure you fill in your name and address in the space marked “From.”  Also, remember to distribute copies to Carol Fowler, Chair of the South Carolina Democratic Party; and Marci Andino, Executive Director, South Carolina Election Commission.

Hold onto your hats. Based on new information, I need to revise the SC complaint. In fact, I need to give it its own post. Look for it.

View this document on Scribd

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156 Responses to MODEL COMPLAINT OF ELECTION FRAUD TO STATE ATTORNEYS GENERAL (see new comments daily)

  1. Alecia says:

    jbjd,
    I love Texas!! Just got through to a lawyer with the Sos voters division. “Joe” spent an hour explaining things to me. Very,very nice. Hope I can get this on paper clearly.
    1 The info you needed for Enabling Statue for AG.(He gave me site and chapter…www.statutes.legis.state.tx.us 402..028 On this page go to link (Tx Administrative code) That will be Title 1 part 3. He said info is in both places.
    Joe said:
    1. The complaint by law can go either to the Ag or Sos. The AG, because of workload, rather it go through the Sos. The Sos assumes the complaint is real and looks at voter law to see what law it breaks. Never making a determination as to if the law was broken. Sos then sends it to Ag with noted law (possibe) law broken and Ag determines (if)law was broken with investigation. Joe said that since Texas now only has 1 investigator (Texas Ranger) and 1 attorney..it will have to merit investigation balanced with available time,resources,and money.
    2. Joe said that after a time, if we do not hear anything, that we should appeal to AG as to disposition of complaint and why it is not being investigated or prosecuted. He does not know that they must respond, but they should respond. Joe said that if their office knows anything, they will respond. Sos acts like a filter for AG with voter fraud cases.
    Attorney for AG voter fraud investigation is Will Tatum.
    3. Joe confirmed there is a time limit on contesting a vote, but not for constitutional procedure fraud complaints.
    Joe asked what the complaint was and I gave him enough information so he could go and find it. I told him that there was at least 30 people sending in this complaint. He said that this “should” get the Ag’s attention.
    Hope this helped.

    Alecia: Yeehaw! Go Texas! Alecia, I cannot thank you enough for making that call to obtain this information. Note to other readers, sounding credible gets you ‘face time.’ So, make sure you understand what we are doing here. As ‘Joe’ indicated, the deadline has passed for contesting the vote; but not for complaining there was ballot fraud. ADMINISTRATOR

  2. Ed Sunderland says:

    Good work Alicia!, and thanks for the response jbjd.

    If enough of us forge ahead calling, asking questions, and seeking answers we’ll get them.

    That’s good information. When I was scowering the Texas Election Code in preparation for my call to the SOS I came across a couple areas in Fair Campaign Practices that looked interesting. Most of the data there is geared toward the voters, polls, and the like.

    Bottom line however, with regard to Fair Campaign Practices or not, you need to tell the truth regarding your candidate being presented to the citizens of Texas and do your job.

    I will send my complaint out tomorrow to the SOS. I don’t know how many plan to send complaints but count me in as at least one. I’ll follow up by phone the middle of next week and post any further information. Texas SOS office 512.463.5650 FYI

    I think maybe to cover the bases, send another one to the AG.

    I for one am still furious that there was not proper vetting of the Democratic candidate and this crosses all political parties. It is further irritating that citizens have to do the heavy lifting when it comes to ferreting out shenanigans and seeking justice.

    Our political leaders cannot be trusted nor can they be counted upon for support when it comes to election issues it appears. They’re afraid to tackle issues such as this and it’s a sad commentary on our political culture.

    Ed Sunderland: It is amazing, isn’t it. Does it make you feel any better to know you are among fellow peeved patriots? Of course, you realize that, once we fix this mess, the work is not done. Next, we have to enact model legislation for vetting candidates. ADMINISTRATOR

  3. Alecia says:

    jbjd, You are correct! As soon as we get this straight we have a lot of work to do. “We the people” have trusted our government “employees” for too long and have been asleep at the wheel. We “will” correct that. I will spend the rest of my life doing so… For the children and young people of this country. I lived free. I want them to live free.

    Alecia: I hear you. ADMINISTRATOR

  4. Eagle says:

    I just called the MD state board of elections. The operator put me through to “Christine” and she wasn’t available. I left a message and will call every day until I get an answer. It’s on!

    Eagle: Yeah! And if you think it’s on in MD, wait till you see the article I am about to post, which contains the revised complaint for SC! ADMINISTRATOR

    Eagle: I just re-read my comment and I want to add to it. In most states, the penalties are quite severe for state agencies that violate the public records laws. Make sure everything is documented; ha, I mean, that you document your efforts to obtain these records. Did you cite to the public records law in your request? ADMINISTRATOR

  5. Ed Sunderland says:

    Are you going to post the article here too for us to view jbjd?

    I’d like to read it.

    Sent copy of my complaint to the SOS today and preparing others to go out on Monday soon as I can dig up proper addresses.

    PS, How many and what States have actual fraud filings underway? I know there is Texas and New Hampshire but is anyone keeping a list of those States that can under their constitution and are?

    Thanks

    Ed Sunderland: Nope; nothing in NH. Remember? That was the guy who stole my post and then pretended he got it “anonymously.” He didn’t understand the nature of these complaints and so, he and Orly’s Plaintiff, state Rep. Rappaport, filed a complaint on their own – just words, no actual document – charging BO had committed fraud to get on the primary ballot in NH.

    I am keeping track of these states but, there are many more out there. And next week, we will all need to put our heads together and figure out, where we go from here. ADMINISTRATOR

    P.S. Ed, what article are you talking about? (Maybe I have been working too hard on these materials and the strain is getting to me.)

    P.P.S. I just re-read some comments and I realized which article you were talking about. It’s the one I just posted, on SC.

  6. g. amos says:

    “Not all citizens need to be natural born to vote but only to be POTUS; thus, this undermines your implication with regard to ’security clearances,’ that all citizens should be created equal.”

    No, no, no. Please show me the same courtesy in reading/rereading my questions and comments as I show you in reading your blog posts. This above statement has never been ‘my implication,’ not for a second. It is actually your misunderstanding gleaned from reading my comment in only a cursory way. Who said anything about being an NBC to vote? That’s insane – why, you forgot to throw in that one would have to be 14 yrs a resident and 35 yrs old to vote too?

    Your replies are to questions I’m not asking – I don’t think I even fully comprehend what question you mistakenly think that I am asking. This is not meant to be mean-spirited, but it’s clear to me that you aren’t grasping my question from the beginning. If there was a straightforward answer, then I presume that you’d have offered that immediately. I do think you’re in earnest. I suspected something was amiss when your first reply came back that the POTUS is a civilian, and therefore dosen’t need one. But by your willingness to respond, I felt invited to restate my question in another way. Please don’t offer up a textbook answer to an illegitamate question, unless it’s the only answer you have. Just state it that way. If you don’t know the answer, that’s no problem. I shall go elsewhere. Like I said, I think that there is probably some explanation that I simply need to unearth to settle the issue in my mind.

    I, as a citizen (you’ll have to take my word), was hoping to talk to a fellow citizen (I admit, I must presume) who, in addition to some legal expertise, also appears to grasp the importance of maintaining federal government within the bounds of the Constitution, which was written BY CITIZEN-MINDED folks, call them founders or what you will. Their great object remains the same, regardless of how we view them or what we call them, or even how closely they followed their principles in their own lives. To wit, that the law maintains its own lawfulness, and can be changed lawfully when the need is apparent. Where it has come to serve expediency, procedure, and precedent, more than the citizenry which is it’s original cause for existence, then let’s talk about that. I have a genuine question that stems from this belief. Any hypothetical I was a party to was intended to clarify to the inquiree (you) what the inquirer (me) meant by the question.

    You’re focused elsewhere. Understandable. A cause that touches on the belief that I stated above, as it seems to me. So yes, your blog platform is of interest to me. So we have grounds to dialogue, you and I. And if it’s the time that you don’t have, that’s cool, I think no ill. But if you take the time to reply in what appears to be constitutional sophistry, I might begin to not take you seriously. So before that happens, how ’bout we agree to take each other seriously. The question which I consider genuine has as of yet to be answered, and it still remains viable in my mind.

    If you’d rather not rehearse it, I concede to your need for undivided attention elsewhere (i.e. ballot fraud – worthy of consideration).

    If you’d like to rehearse it in earnest, I shall do my best to restate the matter in a way that avoids absurdities and hypotheticals.

    with highest regards,

    g. amos

    g. amos: I did my best to decipher what I found to be your cryptic writing, and answered in good faith. If I interpreted incorrectly, this was due not to my “cursory” read or, as you stated, to my being preoccupied by other work. Perhaps I honestly had trouble figuring out exactly what you mean. Distilling your lengthy tomes, I concluded that the underpinning of it all was this. Given that regular citizens must satisfy security screenings in order to gain access to state secrets, why is it that the POTUS does not have to undergo similar vetting before gaining access to these same secrets, when he becomes the CIC? And my answer was, because electing him the CIC, wherein the people do the vetting, through the appointment of the EC who vote for POTUS and, election of Congresspeople who ratify the EC vote; as opposed to hiring him as a contract employee of the federal government, makes it different. As an example, I pointed to another function that could be enjoyed by all eligible citizens – voting – but reasoned that, just because a citizen may vote for (Electors for) POTUS does not mean that same citizen is Constitutionally eligible to be POTUS.

    Apples and oranges. ADMINISTRATOR

    • g. amos says:

      No offence was meant, jbjd. And none taken on this side, either. ( I am typically accused of being too brief, even to a fault; but now, what with my comments and all described as lengthy tomes…, well, it gives me new hope, and brought a smile.) I guess I felt more strongly about this than I care to admit. I shall keep my emotions in check and my questions short. Distilling is a good word for it.

      So you summarize, “Apples and Oranges.” I see. Let me think about this some more before I say anything else.

      g. amos: Yes. ADMINISTRATOR

  7. Ed Sunderland says:

    I doubt Obama is even a legal “citizen” of this country.

    The CLB he’s been touting as his birth certificate doesn’t cut it. His claim to be a “native” citizen is even questionable because there is no record of birth when you discount the CLB which could have been executed by BHO’s grandparants. Not the mother because she was probably in Kenya at the time. The CLB carries with it nothing that confirms a live birth and is more likely the equivalent of a “hot check”.

    BHO has said he was born in two different hospitals in Hawaii. One Hospital official says, “yes he was born here and I’ve seen the records” and thus proclaimed BHO was a “natural born citizen”. Whoever the mouthy Maui moron was that said that has created another legal dust up that is now spinning it’s web of legal issues. There’s plenty of honest internet chatter on that.

    The newspaper announcement of birth generated by the Health Department “was a matter of standard function” as they do with all claims of birth or CLB and proves nothing but that they were perpetuating a falsehood by the grandparents.

    That is all the CLB or Certificate of Live Birth is, a simple proclamation a baby was born. Nothing more, nothing less, and most likely at best, a lie. A really big one that is being perpetuated by a brazen narcissistic ego driven individual and codified by an equally ego driven and narcissistic media and congress.

    That’s why average Americans now have to carry the load as usual, in driving truth and light into this absurd political mess. Citizens are getting stuck with the TARP bill and other bailouts and now we gotta clean up this mess.

    In January of this year when BHO said he was a “native citizen”, he in effect said himself that he was not qualified to sit as president. If he indeed was, then why didn’t he produce a real birth certificate?. He couldn’t because he doesn’t have one.

    Ed Sunderland: Usually, I would not have posted all of this comment because it contains information we have already ascertained is not fact. And besides, the complaints of election fraud are in large part based on the words of the candidate himself, who told us, he is only a “native” citizen. So, you are repeating here what you already said in the complaint you filed! But sometimes, people just need to vent. ADMINISTRATOR

  8. Ed Sunderland says:

    “Wow”, I just spent some time over at the Balckboxvoting site.

    At first glance you think, “what the **ll is this?”.
    The name of the site appears uninspiring, blackboxvoting.

    But, being the curious sort that I am I had to take a look. “What an eye opener!” I suggest anyone viewing this site go to “Home” then over to the “link” box on the lower right and have a look.

    Spend a few minutes and watch some videos, you’ll be glad, sad, and probably fighting mad about our voting systems.

    Ed Sunderland: I am so glad you went there. Scary, isn’t it? I could only spend enough time researching that issue to conclude, we need to go back to paper ballots, counted in front of witnesses from interested parties. (I don’t mean just political parties but also, civic groups, etc.) But first, I had to fix what went wrong with the last election so that it never happens again. ADMINISTRATOR

  9. Alecia says:

    jbjd,

    I read misstickly site. I need some help. If you have time, please look at this. It seems odd, but I don’t know if it is “anything” http://gen.doh.hawaii.gov/sites/har/admrules/default.aspx

    Rule 177 Vital Statistics, Registration & Records,
    is unavailable on site because they are updating from Public Health Regulatory to Administrative Rules. Alvin Onaka name on it.

    Rule 120 Foreign Born Person adopted in Hawaii is pending because of 117

    Rule 123 Names of Natural Parents on Birth Certificate of Adopted Person pending because of Rule 117.
    All by Alvin Onaka.
    Could this be a lead?? Or am I just wishing…

    Alecia: Generally, agency rules and regulations change all the time. These only spell out how the state agencies will carry out the state statutes, which are passed by the state legislatures. As for what the work done by other practitioners means, I have no idea; you would have to ask them. ADMINISTRATOR

  10. Ray says:

    jbjd,

    This is great. Do you know if PA is a state (actually a commonwealth) like TX with regard to this matter? When I saw a couple of weeks ago the NH sec. of state was opening an investigation (at the request of a state congressman) into fraud because of the multiple docs signed by Pelosi, I fired off a terse email to all the PA state senators and the republican PA state congressmen asking each if they would approach our (PA’s) sec. of Commonwealth Cortes with the same request. Now, if I can send a PA version of the “model complaint” I can then follow up with these same state senators and congressmen to apply pressure.

    Ray: Welcome. You have some catching up to do. 1. NH is not an appropriate state for these charges of election fraud. The people who stole my intellectual property – JB Williams, Postenmail, Devvy Kidd – had no idea what it was, because they hadn’t done the leg work. They thought they would get something for nothing; and this is what they got. Meanwhile, they almost sabotaged the work that goes on here. (Catch up on the last few articles, along with readers comments, and my replies to their comments. On this blog, everyone works.) 2. Do not violate the separation of powers. This action is about state election laws. Not federal law. Not Congress. Not BO. State election laws, and gaining access to our state ballots. And compelling our state officials to do their jobs.

    Look up the laws in your state to find out whether PA is an applicable state. If you have problems understanding these, I will help to interpret. This is the first step. ADMINISTRATOR

  11. Eagle says:

    Update from Maryland. I talked to them on the phone today and they tell me the records I requested were mailed to me yesterday

    Eagle: Thank you so much. This means, MD is next. ADMINISTRATOR

  12. Dawn Duff says:

    Update – Hawaii resident advises me that her complaint has now been filed with the Attorney General in Hawaii.

    Dawn: OMG! That makes 3 (three) for HI! Yahoo! ADMINISTRATOR

  13. Eagle says:

    Received today from MD elections board official cert of nomination for BO and Biden, State of MD US pres candidate Contact person info, and Cert of Nominations state of MD for Mccain and Palin. Also got the business card of the director of candidacy and campaign finance with a note if I need further info… I’ll be happy to fax this to you tomorrow. You can use my email contact info here to let me know where to send it

    Eagle: Okay but, I cannot wait any longer. Just tell me, who signed the Certification? Who sent it in to the state? ADMINISTRATOR

  14. Dawn says:

    Re – HI – last time I heard, you knew of only one from HI. Did you get another in the meantime ? The one that filed is the one I’ve been “working” with:)

    Dawn: I have 3 (three) downloads for HI; I am not certain when these numbers increased. ADMINISTRATOR

  15. Phil D. says:

    Hey jbjd,

    I am wishing for permission to copy and paste your articles on Resistnet.com which I am the Tennessee State Creator…

    We have almost 60,000 Patriotic Members that post blogs and discussion almost every day…

    I would like to inform them of your blog here…(The members that do not know about you)

    You may reply to me with my private email address if you wish…

    Best Regards,

    Phil D…

    Phil D : You may copy my articles with these 3 (three) strict conditions. 1) All attribution must reflect that I am the author of this work – jbjd, small letters – and that I have given you permission to post my work. 2) Work that is attributed to me must be clearly delineated from any other work appearing on the post, whether editorial comments or, responses from readers of your blog. 3) You may not edit any language within the text, however large or small your excerpt. This condition applies to comments from my readers posted on the blog, too. (Taking things out of context not only dilutes the work but also can sabotage our mission.) Finally, understand this permission may be revoked at any time.

    Please let me know when you post, so that I may take a look. ADMINISTRATOR

  16. Eagle says:

    DNC cert signed by Nancy Pelosi and Alice Germond. Sent to MD board of elections by Joseph E Sandler of Sandler, Reiff and Young, P.C. Received by State Board of Elections on 8/29,2008

    Republican Cert signed by John Boehner and Jean Inman, It looks like it was sent by Jennifer Sheehnan of the RNC Counsel’s Office

    Eagle: Whoa! This is another one that will target NP and HD. ADMINISTRATOR

  17. Phil D. says:

    If you live in a state with a law that requires the candidate for POTUS from the major political party to be eligible for the job before state elections officials will print his or her name on the general election ballot then, Certifying BO is the D nominee without ascertaining whether he is a NBC, just to get his name printed on the ballot, is election fraud. Here’s how you can compel your elected Attorney General, the chief law enforcement officer in the state, to do something about it.

    OK, can someone tell me where I can find the resources from Tennessee to see if our state falls in the discussion above please…

    Phil D.: Welcome. I think TN might be an applicable state. Look up your election laws; if you have a problem, call your election officials, usually in the Office of the Secretary of State. You are looking for a law that requires candidates whose names will be printed on the TN ballot to be eligible for the job. If your law contains any provisions regarding the eligibility of the nominee from the major political party, you want that, too. But start by reading the state laws cited to in the complaints already posted. This should give you a good idea what you will need in order to determine whether TN “falls in the discussion above…” ADMINISTRATOR

  18. Ed Sunderland says:

    I called the SOS office today at 3:00 to check on status of complaint. After some fumbling around they found my complaint that they received on Monday.

    Did a little computer search, not there, checked some paperwork and found it. Barbara said she would be sure counsel would see it this coming Monday morning but I have a feeling if I hadn’t followed up it would still be of little concern. (just my view)

    Counsel was gone for the day as usual at 3:00 on Friday as I guess the SOS and the AG’s office have the same hours as far as their attorneys go. I was still at work.

    I’ll touch bases Monday before noon and see what I can find and post.

    “FYI Amigos”

    Ed Sunderland: Just refresh my memory. As I recall, you faxed the original complaint to the TX AG and then sent a copy to the SoS. But you have communicated to the SoS. Is there a reason you are pursuing this office, when the complaint is ‘criminal’? ADMINISTRATOR

  19. Ed Sunderland says:

    My understanding is that complaints such as this are referred to the attorney general through the SOS.

    My understanding was from the direction I received from the Attorney General Office who has a copy of my complaint.

    “Bill”, from the AG’s office said to me via phone call, “you need to propose this complaint through the SOS”.

    I replied, “yes sir”, and proceeded to send the complaint via USPS to the SOS, where I was informed previously by a representative from the SOS office, “if the complaint is compelling it will be sent to the AG’s office for further action.

    This by the way is similar to the response I received from my Texas State Rep.

    You are correct, my first complaint was sent to the AG’s office via fax and three follow up phone calls. On the third call I was referred to the SOS office.

    I then called the SOS office and asked, “exactly what do I do and what do you (the SOS) need to file a complaint regarding election fraud?”. I was instructed to send the complaint to the SOS and that if the complaint was “compelling enough” it would be sent over to the AG.

    (I found the post that may be a reminder for you below)

    Ed Sunderland Says:
    September 29, 2009 at 23:30 | Reply

    I talked to the AG’s office again today on a follow up (apparently word is getting out because when I mentioned “election fraud” I didn’t get the usual telephone rodeo). “I was directed to Bill”, and to check status of my complaint. He said I needed to contact the Secretary of State.

    I asked some specific questions about this and and he still referred me to the Secretary of State. “All election fraud charges go through the SOS I asked?”, “yes” he said, “want their phone number?”

    I read above where Alecia was asked if she’d contacted the SOS. I’ll call tomorrow and see what I can dig up.

    Ed Sunderland: Ed, I need from you (or any other Texans out there) the provision of the statute that says, all election fraud complaints must go through the SoS. Because I think what has happened in TX is the same thing that happened in VA. That is, under usual circumstances, a charge of election fraud is anticipated to be something like, standing in front of the polls and sending voters to the wrong voting location; or saying someone’s name is not on the registration list, when it is, etc. This explains why so many of these laws contain the requirement, there must be 2 (two) witnesses. But we are talking about something altogether different; and we are not talking about “challenges” to the ballot, where which such challenges when allowed, the time for filing these challenges is limited to within days of the filing to get onto the ballot. (In other words, assuming BO’s name was submitted by the D party on August 28, 2008; the deadline for challenge to have his name on the ballot would have been shortly thereafter.) In VA, despite indicating in their web literature, these challenges must go through the BoE, in the end, the BoE realized, these complaints charge criminal fraud not explicitly spelled out in the statute. That is, “fraud” is spelled out but, no one anticipated the nature of this fraud would be, to swear a nominee for POTUS from the major political is eligible for the job without first ascertaining, whether s/he is. (Sounds like the beginnings of model legislation to me!) ADMINISTRATOR

    Note: Ed, I am also going to re-post this exchange on today’s headline.

  20. Ed Sunderland says:

    Definition of Fraud

    All multifarious means which human ingenuity can devise, and which are resorted to by one individual to get an advantage over another by false suggestions or suppression of the truth. It includes all surprises, tricks, cunning or dissembling, and any unfair way which another is cheated.

    Source: Black’s Law Dictionary, 5th ed., by Henry Campbell Black, West Publishing Co., St. Paul, Minnesota, 1979.
    (more)
    Criminal and civil frauds differ in the level of proof required. For civil cases that burden is a “preponderance of evidence.” In criminal fraud the standard is “beyond a reasonable doubt.”

    WHAT CONSTITUTES FRAUD
    Under common law, three elements are required to prove fraud: a material false statement made with an intent to deceive (scienter), a victim’s reliance on the statement and damages.

    (note, these are general definitions above)
    _____________________________________________________

    “The Attorney Generals Office has many categories for consumer fraud complaints but none for election fraud”. So, I suspect that is why the AG’s office want’s a charge of election fraud to be tagged with a specific infraction/s for the AG’s office to pursue.

    This is my view from information gleaned so far.

    Ed Sunderland: The definitions of fraud you cite are generic. That is, they mean nothing to the state unless the state codifies that definition. (States often adopt the legal definitions found in books called “Restatements,” which are published digests of a subject like fraud, or contracts, etc. If a state has adopted the Restatement definition of a cause of action then, one state’s law is very much like another’s.) Each state has its own criminal code, in which code the crime of fraud is defined. And both civil and criminal law found in the code, are further refined by common law, that is, the appellate court cases published in that state. (So, even in states that have adopted definitions from the Restatement, the law may differ substantially, depending on how the courts rule in that state.) The AG’s office is set up administratively to deal with its caseload in the most efficacious way. However, this does not mean, a major criminal fraud investigation cannot be undertaken by the AG just because a whole division has not been designated to deal with cases where the major political party has been accused of committing election fraud. It just means, they have set up new file labels.
    ADMINISTRATOR

  21. Ed Sunderland says:

    I never envisioned myself delving into this process of muddy legal garb in a concerted effort to find a legal avenue regarding this topic, election fraud. Nevertheless, I’m happy to do it.

    All I can tell you of so far, are the instructions handed down from the AG’s office, State Rep. and the office of the SOS. I can see why the AG’s office would ask for a referral from the SOS, but I haven’t yet found the text.

    If they have to set up new file labels, so be it. As long as there is a deliberate effort to solve our complaint regarding this last election, not just to prevent future acts such as this. We don’t need any more law as far as I am concerned, I feel the law has been violated and needs to be enforced.

    I would be open to some suggestions for targeted search regarding the Texas statutes that say we have to run election fraud complaints through the SOS. I know there are traditional aspects that may be in operation here but so far no text.

    I’ve been all over the SOS elections site (Texas Election Law 77 pages) but I haven’t concentrated on the AG’s site because it is so vast.

    I am not sure this would be found on the SOS Elections side or the AG’s side.

    Still looking.

    Ed Sunderland: The biggest fear of people in government who would ignore the will of the electorate, is an electorate who know enough not to be ignored. We have prepared and presented to the AG a well-documented complaint of criminal election fraud. The law provides for the use of discretion in determining whether to investigate and prosecute such charges. So, now that we know how the AG’s office works, we have to persuade the AG to exercise appropriate discretion. And how we will accomplish that is the subject of a future post and community consult. ADMINISTRATOR

    P.S. You wrote,

    I would be open to some suggestions for targeted search regarding the Texas statutes that say we have to run election fraud complaints through the SOS.

    Call the AG and ask. I would imagine, the AG’s office is more accustomed to fielding traditional election fraud complaints, such as, incidents occurring at the polls, which rightly belong in front of the state election officials, who are intimately acquainted with requirements involving the election and voting process. This situation in TX reminds me about what happened to d2i in VA, going before the BoE because their web site says, any complaints of election fraud must initiate with the BoE. But after she presented her 5-minute testimony, the BoE Chair informed her, this is a criminal complaint properly lodged with the AG; and the BoE has no jurisdiction. Hey, that’s what I said!

  22. Ed Sunderland says:

    I see your point. I plan to make some calls tomorrow morning and get some hard answers. Will post.

    Ed Sunderland: Good for you. Just remind the office what they told you previously. Now, you want them to point out the law that says, before your criminal complaint of election fraud can be investigated by the office of the AG, the SoS has to recommend such investigation. ADMINISTRATOR

    P.S. You might read the testimony we prepared for d2i’s appearance before the VA BoE. Their laws also require the BoE to ‘certify’ election complaints. But they, too, know, the present complaint is different.

  23. Ed Sunderland says:

    Admin-didn’t get your post until this evening.

    I spoke with Ann McGeehon and she said she had read the complaint (and others that had arrived) and that the office of the SOS was not going to pursue my complaint. She suggested I contact the office of the Attorney General. “Really”.

    In the end she suggested a civil complaint after I informed her that it was the AG’s office that sent me to the SOS. This is unacceptable.

    She said that no matter what we could not have been injured because McCain led BHO in the State of Texas. Sounds familiar to other challenges I’ve heard recently but that excuse doesn’t work.

    Bottom line no one want’s to rise to a challenge because they fear ridicule by the left and the press. You see it every day and it’s sickening. I feel it in their voices when I try to explain this isn’t exactly about who won or lost but it was the process or lack of.

    As for me, I am only just getting started here. There are few things that irritate me more than those in authority that pass the buck.

    Ed Sunderland: I cannot begin to imagine how angry you and your fellow Texans must be at getting this runaround from a staffer in the Office of the TX SoS when you understand, these are criminal complaints rightly filed with the AG. I am so proud of the restraint with which you (and I am sure other filers in the great state of Texas) attempt to explain and then explain again to your public servants, you are not begging them to ‘hear your complaints’; rather, you expect them to carry out their statutory functions. In VA, d2i jumped through hoops, too; but at least in that case, after she appeared – twice – before the BoE, the Chair of the Board conceded, this complaint of election fraud rightfully belongs with the AG.

    Concentrate on the Office of the AG; find out what is happening with these complaints. Take names. ADMINISTRATOR

  24. Ed Sunderland says:

    You can bank on that.

    Ed Sunderland: Good. Good for you. ADMINISTRATOR

  25. Alecia says:

    jbjd,
    I have not disapeared. I also have requested follow up on the complaint to SoS, only I did it by E-mail so I could have it in writing. Still waiting. Will call next week if they do not respond. Have also sent letters to several judges that I know in the area along with the complaint to ask their advice, feed back and possible help. The same day that I talked with the SoS attorney, the state of Texas sent out a verification of my disability to be filled out by my doctor. Was it a threat? Possible. Was it coincidence? Possible. Does my lawyer know about it. Oh Yea. Still pushing, talking, sending letters. I won’t give up. I will keep you updated.

    Alecia: I hope the other Texans take a hint from your tenacity.

    Have you read Ed Sunderland’s comments? Forget about the SoS; staffers from that office are not only condescending to voters but also unnecessary to the process of getting these criminal complaints investigated by the AG. Concentrate on the AG.

    Ed is the only other Texan who regularly updates the blog. But I am wondering whatever happened to the more than 40 (forty) other Texans who filed complaints, and what efforts they have attempted to obtain updates on their complaints. Have you all sent your complaints to Texas newspapers? Do you belong to civic or community groups where you could distribute copies of the complaint? Have you addressed these groups to make sure members understand the present law in Texas regarding eligibility to get on the ballot?

    I have even considered setting up a live chat to brainstorm how to get these complaints heard by the AG. ADMINISTRATOR

  26. Alecia says:

    I know the Sos is not going to do anything, but I just want them to respond. Joe the lawyer with them said they would. I want it in writing…For the future.
    I have sent the complaint to all my representatives with cc: to everyone so they do know that other are seeing this. I have sent it to Kay Bailey, Rick Perry, and Debra Medina (they are running for Governor. Let’s see who really loves Texas, her constitution and our Country and the Constitution. I think if I start to send copies of these letter to TV, since there is an eletion coming up…maybe someone will be shamed into responding.
    I pray someone out there knows right from wrong.

    Alecia: Excellent. You are exactly what this Constitutional Republic requires for its sustenance: an informed citizen. Now, no one can take this power away from you. Yes; by all means, let your elected officials know, you know what you are doing. (Just don’t ask federal legislators to intervene with your state AG; apples and oranges. Let them see, you know the difference.) ADMINISTRATOR

  27. Ed Sunderland says:

    Yes, keep at it Alicia. The SOS office did call me back about the complaint but I was at work and the answer was less than meaningful. I think I can get a break the first of next week and I plan to get back on the phone and tap a couple other sources for help.

    If you send a letter by mail to your US Congressman or Senator they are required to respond. They work for you. I have also received a snail mail response from my State Rep to an email I sent.

    I find it interesting that a single person can complain about a flag here, a cross or prayer there,
    and the wheels of injustice fly into action to investigate and stop it. But when a serious failing in our political process is exposed with hard evidence and action is requested, silence.

    I have a feeling the Office of the Secretary of State is painted blue! Just my view.

    Ed Sunderland: Whether a resident of the state is registered to a political party or, unaffiliated – in my state, the registration is “Unenrolled,” which designation allows us to vote in the party primary and leave the polls unaffiliated – s/he is entitled to services from the state. The job of AG is a statutory and, often, a (state) Constitutional position. Nothing in the law exonerates the state official for doing nothing because the resident belongs to the opposing political party.

    I don’t see any evidence that R officials are taking these complaints for election fraud any more seriously than the D officials. Of course, keep in mind, we have no idea what is going on behind the scenes.

    Do not give up. These complaints can change everything. ADMINISTRATOR

  28. Ed Sunderland says:

    I understand and you are right. I am totally disappointed but not surprised at the lack of honest appraisal by the AG and the SOS no matter what color they affiliate themselves with.

    I’ll refrain from from bringing up a rant on the hypocrisy of the Dems. But, I can’t get past the flavor of my conversations. I know there is reluctance to start a brush fire over the this complaint from both sides of the isle but to me, the there is a bull in the china shop stinking up the very purpose of a “Republic” and it should not be ignored.

    We are either a country of laws or we are not. And for political, state, and legal officials to sit back and determine “for us” which laws they will enforce and which ones they will not is sure fuel for a brush fire of another kind!

    Ed Sunderland: I could not have expressed this better. I know the people who contribute to this blog represent both ends of the conventional political spectrum. But what unites us is a true allegiance to the ideals of our republic, and not just a self-serving claim of patriotism. Otherwise, why would we subject ourselves to the ‘slings and arrows’ of government officials who belittle our efforts by calling us names or worse, ignoring us altogether? ADMINISTRATOR

  29. Alecia says:

    jbjd,
    I’m still here. Just received a response to my email to the Texas SOS on 10-15-09

    I am requesting information on the “Memorandum of Complaint of election Fraud against Boyd L. Richie, Chair, Texas Democratic Party and Request for investigation” Mailed to and received by your office on 9/23/2009.

    I am requesting the status of this complaint. Has your office reviewed this complaint of voter fraud and referred it to the Texas Attorney General? If it has been referred, may I please have the referral date. If it has not been referred, may I have the reason.

    Thank you for your time and service to our great state of Texas,

    SOS response:

    Your complaint was sent to the Attorney General with a copy to our office. We were not asked to make a referral to that agency.

    Alecia response back 10-31-09
    Thank you so much for your response. I know that your office is very busy.

    When I talked with one of your office lawyers, it was my understanding that if you received a complaint, and the reported complaint would indeed be breaking a voting law, that you would contact the Attorney General’s office stating that “if investigated and true” it would be violating the Texas voting laws. Did I misunderstand??

    Please help me to understand exactly what the Secretary of State’s role is when a voting fraud is reported.

    And round and round we go….where it stops nobody knows.

    Still watching the Attorney General’s site where they said they would go public. When they go public, they said we could have the information. ???

    Alecia: So nice to hear from you. This to and fro is not so difficult to explain. See, normal complaints of election fraud consist of duplicating ballots; or falsified registration; or faulty voting machines. These election snafus are generally required to be ‘certified’ as problems by the SoS, in charge of elections, and forwarded to the AG. But what we are alleging is not a prototypical election fraud. So, these complaints are rightly directly in the first instance directly to the office of the AG. But in several states, state officials are unaware of the nature of our fraud charges and so, might genuinely think, these belong at the SoS office, first. They don’t. Recall that in VA, d2i testified before the BoE, a division of the office of SoS; but when she was through, they advised her, this is a criminal matter that goes directly to the AG, bypassing the BoE completely. (I KNEW THAT; THAT’S WHY I DIRECTED THE COMPLAINT TO THE AG IN THE FIRST PLACE!) But no matter; Texas complaints of election fraud are now in front of the AG.

    Only, the AG has the right to exercise discretion whether to investigate and/or to prosecute. So, what we need to do is to persuade the AG, it is in his or her best interest to investigate.

    BTW, I revised the TX complaint. I think these new complaints are even better than the originals, in that they spell out, in clear easy to follow details, exactly how BO’s conduct evidences there was no basis for NP to Certify he was Constitutionally qualified for the job. Get your friends and neighbors who have not filed to file. ADMINISTRATOR

  30. Ed Sunderland says:

    Is there a revised complaint we can pursue?

    I’d like to see it unless it’s the same one I’ve already sent to the SOS and AG.

    Sorry I haven’t been up lately, I have this problem called, trying to earn a living.

    Thanks, Ed.

    Ed Sunderland: Hello! Yes; see the revised complaints on the front page of the blog, where they will remain. (I wish I could earn a living doing this blog!) ADMINISTRATOR

  31. […] Right off the top, this wording presents many obstacles to fulfilling the function for which it is ostensibly written. For example, how can a birth certificate identify whether a person is a NBC?  And then, there is this word, “entitled.” In the situation called to my attention in TX, wherein Bob Barr challenged the printing of the names of both the R and D nominees on the ballot, I pointed out, even if one is not entitled to something, this does not mean, one cannot get what he wants, anyway. Submitted on 2009/09/11 at 22:45 | In reply to juriggs. […]

  32. You’ve gotten among the best sites.

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