On the Radio 06.30.12

June 29, 2012

UPDATE 06.30.12:  AT END

Join us on Saturday when TX citizen/activist Kelly Canon and I discuss alternative ways to keep off the 2012 general election ballot the name of the Presidential candidate who documentary evidence exposes was never federally qualified for the job.  Call in number is 714.242.5220. (If you cannot tune in tomorrow; you can listen to the archived show, by visiting the same link.)

Texas, We Have a Solution (Maybe)!

UPDATE 06.30.12:  We just finished the show and, having listened to the entire playback, I must say; it is absolutely fabulous. It offers a comprehensive synthesis of our work on ballot eligibility issues, from who determines whether a candidate is “federally qualified” to appear on the ballot; to how the executive branch carries out the express intention of the legislative branch for ballot entitlement; to how joining the National Popular Vote Initiative can subvert the strongest ballot eligibility laws.

(Or, as Kelly would say, we covered everything ‘from soup to nuts.’)


WILL TX AG ABBOTT PROSECUTE the TDP for VIOLATING the TX PUBLIC INFORMATION ACT?

June 17, 2012

© 2012 jbjd

The Texas legislature enacted a law that directs the chairs of the major political parties to submit to the Secretary of State (“SoS”) the names of the party candidates who will appear on the ballots in both the Presidential preference primary as well as the general election.  It also passed a law that entitles candidates for President from the major political parties to appear on the general election ballot, only if they are “federally qualified” for the job. TX Election Code  §192.031

Unlike the Presidential candidates from the major political parties; Independent and Write-In candidates apply to appear on the general election ballot directly to the SoS. For this reason; consistent with the ‘federally qualified’ standard; the SoS designed ballot applications for use by both Independent and Write-in Presidential candidates which contain self-affirmations that, under the pains and penalties of perjury, the candidates are Constitutionally eligible for the job. (We found these by searching the SoS’s official web site, http://www.sos.state.tx.us/elections/forms/index.shtml)

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True, a self-affirmation is arguably not as foolproof a method of establishing the candidate is federally qualified as, say, requiring the candidate to authorize a birth certificate to be generated by the issuing authority and delivered directly to the state official. HOW to WRITE SMART CANDIDATE ELIGIBILITY LAWS in your STATE (and make applying to get on the ballot harder than applying to get into Harvard) But at least  one might expect that, like in the case of the witness testifying in open court under the pains and penalties of perjury; the self-declaring candidate is more likely than not to be telling the truth.

In TX, Presidential candidates from each of the two the major political parties must apply to the party chair to get onto the Presidential preference primary ballot, using the individualized application forms designed by each party. The chair determines which names to forward to the SoS, who merely prints the names thus supplied.

The forwarding of names of Presidential candidates from the major political parties, to the SoS; is done through an electronic submission of data, using Excel-like spread sheets the Secretary designed. This format limits the information the parties are able to transmit to little more than the candidate’s name, address, and date of birth. BALLOT ENTITLEMENT LAWS should DISQUALIFY PRESIDENT OBAMA in TEXAS. This means that, with respect to the names of the Presidential candidates which are submitted to the SoS by the major political parties; the Secretary never sees the candidates’ actual ballot applications. By thus limiting any opportunity for the political party to transmit documentation which might have resulted in a federal eligibility determination; the SoS is merely assuming the political party has determined their candidates are federally qualified for the job.  Indeed, whenever Texans asked the SoS on what documentary basis her office ascertained the Presidential candidates from the major political parties were federally qualified for office before she certified these names to the ballot; they were always referred back to the political party.

In other words, the SoS makes Independent and Write-In Presidential candidates ‘prove’ they are federally qualified for office before allowing their names to be printed on the general election ballot, consistent with the law. But when it comes to establishing that the Presidential candidates from the major political parties are federally qualified for office and thus have earned the statutory entitlement to appear on the ballot; the SoS takes the party chairs at their ‘implied’ word.

(Note that §192.031 refers to being “federally qualified” as necessary to achieve entitlement to appear on the general election ballot. There is no corresponding statute with respect to the primary ballot. However, as individual candidates must apply directly to state political party chairs to get on the primary ballot in TX; this represents the only opportunity for these chairs to establish whether the candidates are federally qualified for the job.)

TX has an extremely powerful public information law (“the Act”). Here is the opening section.

Sec. 552.001.  POLICY; CONSTRUCTION. (a) Under the fundamental philosophy of the American constitutional form of representative government that adheres to the principle that government is the servant and not the master of the people, it is the policy of this state that each person is entitled, unless otherwise expressly provided by law, at all times to complete information about the affairs of government and the official acts of public officials and employees. The people, in delegating authority, do not give their public servants the right to decide what is good for the people to know and what is not good for them to know. The people insist on remaining informed so that they may retain control over the instruments they have created. The provisions of this chapter shall be liberally construed to implement this policy.

(b)  This chapter shall be liberally construed in favor of granting a request for information.

Using the Act; TX citizen activist Kelly Canon was able to obtain from the SoS documents such as the electronic transmittal forms they had received from the political parties. However, recall that neither the Republican Party of Texas (“RPT”) nor the Texas Democratic Party (“TDP”) is required to submit to the SoS either the actual primary ballot applications submitted to them by the Presidential candidates; or any other ‘evidence’ of the candidates’ federal qualifications. As a result, Ms. Canon could not obtain these documents by submitting a request under the Act, to the SoS. However, the Act equally applies to enumerated documents generated by political parties.  http://www.statutes.legis.state.tx.us/Docs/EL/pdf/EL.161.pdf Further, under §552.321 of the Act, production of documents requested can be compelled by the courts in an action in mandamus, initiated either by the AG or the aggrieved citizen. Id.  So, in order to obtain any documentation held by the political parties with respect to their candidates’ federal qualification; pursuant to the Act, Ms. Canon sent letters to both the RPT and the TDP specifically requesting “any and all documents which were the basis for your certification to the TXSoS that these candidates are federally qualified for the job.” (Identical letters were sent to both political .parties; here is the letter sent to the TDP.)

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Here’s what she got back from the RPT.

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As you can see; just like the SoS, the RPT also interpreted the TX ballot entitlement statute to mean, their Presidential candidate must be federally qualified in order to appear on the ballot. And, just like the SoS, they designed a primary ballot application which contains the same self-affirmation found in the SoS’s applications for Independent and Write-In candidates to appear on the general election ballot.

Recall that, ballot applications from both Independent and Write-In Presidential candidates, which contain the self-affirmation of federal eligibility; are submitted directly to the SoS. True, swearing to the chair of a major political party that you are a federally qualified Presidential candidate is technically not the same thing as swearing directly to the SoS. However, in TX, this represents a distinction without a seminal difference. Because when the political party chair is acting like a state official, for example, when s/he is determining which candidates’ names will be forwarded to the SoS to appear on the ballot; then, under TX perjury laws, the penalty for lying is the same! Id.

On the other hand; all Canon got from the TDP was a ballot application that contained neither any language of Constitutional eligibility nor any self-affirmation the candidate is federally qualified for the job!

Obviously, this is not at all what she asked for.

Thus, having refused (for whatever reason) to provide the requested documentation; the TDP violated the Act. And recall that, under §552.321 of the Act, production of documents requested can be compelled by the courts in an action in mandamus, initiated either by the AG or the aggrieved citizen. Id. Consequently, exercising the protocol spelled out in the Act, on June 13, Ms. Canon filed a complaint with AG Abbott against the TDP.

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AG Abbott published the Public Information 2012 Handbook. This letter to “Fellow Texans” appears on the first page:

Dear Fellow Texans:

James Madison once wrote, “Knowledge will forever govern ignorance: And a people who mean to be their own Governors, must arm themselves with the power which knowledge gives.” The best way for the people to arm themselves with that knowledge is for government to maintain openness in its dealings. Texas places a high priority on government openness, and the Public Information Act (PIA) is the primary law that requires it.

At the Office of the Attorney General (OAG), we are dedicated to helping citizens and public officials understand their rights and obligations under Texas open government laws. To that end, we publish the Public Information Handbook. This comprehensive resource explains the history of the PIA and includes such topics as how to make an open records request, what types of information are subject to such requests, and the consequences of a governmental body’s noncompliance. The 2012 edition also reflects PIA changes that were made by the 82nd Legislature.

Other open government resources are available on the OAG website at www.texasattorneygeneral.gov. These resources include frequently asked questions; a library of open records decisions dating back more than 30 years; and a public information cost estimate model, which assists governmental bodies in determining the cost of a public information request. Texans can also call our open government telephone hotline (877-OPEN-TEX) with their questions.

Thanks to Madison and the rest of America’s founders, this nation was established upon the principle of self-governance. We are heirs to that legacy. I hope this Public Information Handbook assists you in ensuring that Texas government remains accountable to the people it serves.

Sincerely,
Greg Abbott
Attorney General of Texas

Given the commitment memorialized in this handbook, to the principle that “government remains accountable to the people it serves”; will TX AG Abbott now prosecute the TDP for violating the TX Public Information Act?

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Please support the work going on here at “jbjd.”


OPEN LETTER to GREG ABBOTT, ATTORNEY GENERAL of TEXAS

March 24, 2010

Attorney General Abbott has indicated he will file a civil suit to challenge the Constitutionality of the just signed ‘Mandatory Purchase of Private Health Insurance’ bill, arguing it encroaches on states’ rights by violating  the Commerce Clause.  But for several months now, he has had at his disposal a tool that is both much quicker and cheaper to combat this law, as well as any other legislation originating up Mr. Obama’s sinister sleeve.  That is, he could investigate the dozens of charges of election fraud the citizens of the great state of Texas have already filed with his office.

And he can start just by submitting this request to Boyd Richie, Chair of the Texas Democratic Party:

“Please produce all documents which were the basis for the Official TDP Certification of Nomination you signed and then submitted to Texas election officials attesting that Presidential candidate Barack Obama was Constitutionally qualified for the job.”

Then, when Mr. Richie refuses to produce such documentation, AG Abbott can charge him with criminal election fraud.  Simple as that.

I have no doubt that, on learning the Attorney General in the great state of Texas has filed criminal charges of election fraud against Mr. Richie, Congress will do the rest.

The telephone number for the Office of the AG 512.463.2100.

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View this document on Scribd

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Freedom costs.


REMEMBER the ALAMO?

January 26, 2010

CRITICAL UPDATE on FEBRUARY 14, 2010: After you have read REMEMBER the ALAMO, please read the follow-up post at TEXAS TWO-STEP, which contains reports of communications between Requestors (of public records) and the TDP (Texas Democratic Party); and jbjd and the (misnamed) FOIFT (Freedom of Information Foundation of Texas).

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Attorney Boyd Richie, Chair of the Texas Democratic Party is a lone wolf in the Lone Star State.

In every other state and the District of Columbia, Certifications of Nomination signed by The Honorable Nancy Pelosi, Speaker of the U.S. House of Representatives, acting in the non-governmental role of Chair of the 2008 DNC Services Corporation Convention, were forwarded to election officials to get them to print the name of Barack Obama next to the “D” on the 2008 general election ballot.*  But not in TX.  Nope; in TX, only Mr.  Richie signed those Certifications.  And for all of the citizens in those states where only the names of qualified candidates may be printed on the ballot, who filed charges of election fraud with their state A’sG charging members of the D party swore to state election officials BO was Constitutionally eligible for the job to get them to print his name on the ballot but failed to ascertain beforehand whether he is a NBC; the fact that NP did not sign the TX Certification but BR did, makes all the difference in the world.

*In order to get BO’s name printed on SC’s Presidential Preference Primary ballot, the SC D state party Treasurer, Kathy Hensley, hand wrote the certification on the memo typed by Carol Fowler, party Chair, assuring the Board of Elections that he was Constitutionally eligible for POTUS. “IF IT LOOKS LIKE A DUCK…

Take a look at my model citizen complaint of election fraud to the TX AG, which is also posted in the sidebar on the front of this blog.  (The description of the Certifications Mr. Richie submitted to TX election officials, with links to the documents, appears on pages 2 & 3.)

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Now, read “Purpose of Contact” on pages 1 & 2.  See, before citizens of TX and the 5 (five) other states readers have identified so far, filed these complaints, they attempted to find out what documentation was the basis of those certifications of eligibility submitted by members of the D party to state election officials to get them to print BO’s name on the ballot.  But NP, Alice Germond, and Joseph Sandler, all representing the D Services Corporation, would not answer.  JS specifically explained to those citizens who had framed their request  for documents as covered by the ‘freedom of information’ laws, the D Corporation is not a public agency and so, is not subject to public records disclosure laws.  Of course, he was right.  The D Services Corporation is a private club.  Thus, state and federal public records laws were powerless to compel NP,  AG, and others acting on behalf of the Corporation, to produce the requested documentation.   (Of course, as my 9th graders astutely pointed out, since JS went to the trouble to write the letter explaining that his client, the D Corporation, was exempt from public disclosure laws, it made no sense he just didn’t answer the question.  Unless he had something to hide.  “OUT of the MOUTHS of BABES“)

Citizens of TX also asked BR to identify these documents that were the basis of his eligibility determination.  And he also refused to say.  But turns out, in TX, when it comes to defining the meaning of public documents; and avoiding having to disclose such documents, this same ‘get out of jail free’ card that applied to the DNC Corporation, does not apply to Chairman Richie and the state D party.  On the contrary, under TX law, in certain circumstances, documents in the custody of political parties can be ‘discoverable’ as public records.  (Not only that but, the court can compel officers of these parties to hand over these records under a cause of action called ‘mandamus,’ a process which is usually reserved to get government officials to do their jobs.)

Know what this means?

Regardless of the unwillingness of TX AG Greg Abbott to investigate the hundreds of these complaints of election fraud his office has received since September; the citizens of TX can proceed on their own under TX state law to compel Chairman Richie to provide the documents that lead one step closer to establishing once and for all, for the record, despite all of these Certifications of Nomination, U.S. President Barack Obama is Constitutionally ineligible for the job. “THE END GAME

Look, we already know, no documents exist in the public record that would establish BO is a NBC.  White House Counsel Bob Bauer said so.  “COUNSEL for DNC SERVICES CORPORATION PERFORMS 3-CARD MONTE for FEDERAL COURT”  And for this reason, and the fact Boyd Richie refused to name any records when asked in the past, we know he committed election fraud in TX.  AG Abbott knows there is a strong circumstantial case for fraud; we laid it all out in those citizen complaints.  And Mr. Richie knows we are on to him, because he was copied on every complaint filed with Mr. Abbott.  (We also sent copies to our U.S. Representatives and Senators.)

It’s long past time our elected officials perform the work that is a function of their public office.  But as long as AG Abbott (and the House of Representatives) refuses to act, we still have to prove our own case.

So, that’s what we’ll do.  And we’ll do it by applying these TX laws.  Thus, instead of just asking Mr. Richie to provide the requested documentation, we will couch such requests in terms of TX election law, and act more entitled.  And if Mr. Richie wants to avoid honoring requests for these public records this time then, according to TX law, he will have to notify AG Abbott of these requests within the 10-day time period allowed for such delay in production, as well as his stated reasons for refusing to produce the requested records.  Then, AG Abbott will have to determine whether citizens of TX are entitled to these records under the law.  AND ALL OF THIS CORRESPONDENCE IS A MATTER OF PUBLIC RECORD!

Here are some of the applicable provisions of the TX Election Code.

ELECTION CODE

TITLE 1. INTRODUCTORY PROVISIONS

Chapter 1.  General Provisions

Sec. 1.012. PUBLIC INSPECTION OF ELECTION RECORDS. (a) Subject to Subsection (b), an election record that is public information shall be made available to the public during the regular business hours of the record’s custodian.

(b) For the purpose of safeguarding the election records or economizing the custodian’s time, the custodian may adopt reasonable rules limiting public access.

(c) Except as otherwise provided by this code or Chapter 552, Government Code, all election records are public information.

(d) In this code, “election record” includes:

(1) anything distributed or received by government under this code;

(2) anything required by law to be kept by others for information of government under this code; or

(3) a certificate, application, notice, report, or other document or paper issued or received by government under this code.

Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986. Amended by Acts 1993, 73rd Leg., ch. 728, Sec. 1, eff. Sept. 1, 1993; Acts 1995, 74th Leg., ch. 76, Sec. 5.95(88), eff. Sept. 1, 1995; Acts 2003, 78th Leg., ch. 393, Sec. 1, eff. Sept. 1, 2003.

TITLE 9. CANDIDATES

Chapter 141. Candidacy for public office generally

Subchapter B.  Application for place on ballot

Sec. 141.035. APPLICATION AS PUBLIC INFORMATION. An application for a place on the ballot, including an accompanying petition, is public information immediately on its filing.

Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.

Sec. 141.036. PRESERVATION OF APPLICATION. The authority with whom an application for a place on the ballot is required to be filed shall preserve each application filed with the authority for two years after the date of the election for which the application is made.

Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.

TITLE 10.  POLITICAL PARTIES

Chapter 161.  General Provisions

§ 161.004. PARTY DOCUMENT AS PUBLIC INFORMATION.  If a document, record, or other paper is expressly required by this title to be filed, prepared, or preserved, it is public information unless this title provides otherwise.

Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986.

§ 161.009. PARTY OFFICER SUBJECT TO MANDAMUS. The performance of a duty placed by this code on an officer of a political party is enforceable by writ of mandamus in the same manner as if the party officer were a public officer.

Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986.

Another great source of information for the mechanism for requesting public records in TX is the web site for the TX Office of AG.  http://www.oag.state.tx.us/open/requestors.shtml Please review this before you send the letter below.  Make sure that whatever mechanism you use to transmit this letter, you retain proof of delivery or receipt so as to mark the tolling of the “reasonable” “prompt[]” time allowed under law for Mr. Richie’s response.  (For example, if you send via fax, keep the transmission confirmation.)  As always, feel free to send copies of your letters to anyone else you want.  Just make sure the letters to Mr. Richie and AG Abbott contain your real names and addresses, in TX.

Yes, my ‘two-stepping’ Texans, thanks to your enactment of special laws which subject Chairman Richie and the TX D state party to the same disclosure standards of public documents that apply to government agencies; you are in a position to pursue, catch, and de-claw this wolf, exercising the same dedication of purpose your forefathers and foremothers, Tejano and American alike, met Santa Anna’s onslaught against the Alamo, more than 150 years ago.**  Only this time, you have the opportunity to re-write the narrative on the 2008 general election. No doubt, you brave patriots, too, will be remembered for generations after the end of this conflagration.

Remember the Alamo!

**Santa Anna advanced into Texas with 4,000 men, headed for the Alamo, where almost 200 American and Tejano volunteers huddled, awaiting an attack. The now-infamous battle that occurred on March 6, 1836, resulted in a Mexican victory and the death of every last Alamo defender. Not left unscathed, the Mexicans lost 600 men.

Six weeks later, after a surprise attack on the Mexican forces near the San Jacinto River, Texan army commander Sam Houston rallied his troops with the cry, “Remember the Alamo!” Although the battle was won within minutes, the vengeful Texan army — including Tejanos — continued fighting for hours, killing any Mexican soldier they found. Santa Anna was captured the following day, effectively ending the war.

http://www.tshaonline.org/handbook/online/articles/AA/qea2.html

http://www.pbs.org/wgbh/amex/alamo/filmmore/fd.html

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

September 8, 2009

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.

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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.

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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.

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