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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