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May 11, 2009


WTP Federal Lawsuit to Ban All Electronic Voting Heads for Trial

Discovery Begins, Jury Will Decide the Law


In 2007, WTP instigated a federal lawsuit in New York seeking to hold election officials in all fifty states accountable for their deprivation of the People’s fundamental Right to Vote because of the use of non-verifiable electronic and mechanical machine-based vote counting.

The case was dubbed the “National Clean Elections Lawsuit,” or NCEL.

Although a 2008 Order from the U.S. District Court in Albany removed all the non-New York defendants, as of last week, the Court ordered the remaining parties to commence preparations for a jury trial.

Click here to read the U.S. District Court's Scheduling Order.

It must be noted that this is the first federal lawsuit ever to be approved for trial directly challenging the constitutional integrity of a state’s official election procedures which are totally dependent, almost without exception, upon machine-based vote counting.


In the complaint, WTP supporters from all fifty states participated as plaintiffs arguing that the People have a fundamental, natural Right to know their votes are being accurately counted, and that it is unconstitutional for the Government to count our votes in secret -- which is precisely what happens when the “hidden” mechanisms of a machine (whether electronic or mechanical) counts the votes and produces a total.


The complaint further asserts that machine-based vote counting provides abundant opportunities for criminal sabotage, election fraud and errors of all types to occur at almost every step of the election process, beginning with the manufacture and maintenance of vote counting machines, and extending well into election night when machine-contrived vote totals are allegedly passed to, and broadcast by, a (privately-owned) national corporate media consortium without any official, public certification of local vote totals.   


The WTP complaint requests the Court impose not only a total ban all vote counting machines (mechanical and electronic) but to impose on state election officials a detailed manual vote counting and certification procedure based solely on the use of plain paper ballots, hand-marked, stored, counted and certified at each precinct level polling location, in full view of the public, at all times.

For more information, research and all the legal pleadings,
please go to the
NCEL Lawsuit Information Center.



Elections May Never Be The Same Again


The historic NCEL lawsuit, tentatively scheduled for trial next year, now enters what is known as the pre-trial “discovery” phase.

Under the federal rules of civil procedure, the WTP plaintiffs are now entitled to issue interrogatories, subpoena witnesses, take sworn depositions, and demand documents, records and data from state officials and other defendants (who are liable in both their personal and official capacities), as well as records from third parties (such as corporations) which may have information pertinent to the controversy before the Court.

It is imperative to recognize the historical opportunity before us: 

  • We have had a U.S. District Court deny a request by the state of New York to dismiss the lawsuit for lack of jurisdiction, and

  • We have secured the Right to have a jury of our fellow citizens essentially decide whether the use of “black box” vote counting machines passes constitutional muster, and

  • We have an Order from a U.S. District Court stating that all the original Plaintiffs (removed from the New York case) are still entitled to bring similar charges against election officials in their own states, and

  • We have an opportunity to force the state of New York to produce sworn testimony and official records which may, following trial, result in a federal court order banning, for all time, the use of all electronic voting machines (and other contrivances) as well as patently deficient election procedures, which in the past have enabled massive election fraud to be perpetrated virtually without detection.


In short, the People have a once-in-a-lifetime opportunity through the NCEL lawsuit, to seize back control of the election machinery that state bureaucrats and the political parties have hijacked and used against the People to systemically deny us not only our Right to vote, but the fundamental Right to a enjoy a government of own creation and representation of our own choice. 


One must wonder after all, why it seems that those who “win” our elections and “represent” us have - despite our pleas and repeated Petitions, continued to destroy our Constitution and Republic without apparent constraint.  Is it possible that flawed and fraudulent elections have denied the People our true political voice?


This lawsuit is now our best chance to bring an end to election chicanery and restore integrity to the most fundamental process the People have designed into the Constitution for directly establishing and maintaining their servant government.

This is our chance to finally force government officials to publicly explain, under oath, exactly why they need anything more than a stack of paper ballots, a pen and a wooden box to conduct a fair and honest election.

Election Activists:

We Need Expert Witnesses, Research & Legal Assistance


Now the hard part begins. Bob Schulz and John Liggett, are the lone remaining plaintiffs and are both representing themselves in a pro per capacity before the court (i.e., without attorneys).

Despite decades of hundreds of complex legal confrontations against experienced professional government attorneys battled in courts across numerous states including New York and the District of Columbia, proceeding all the way up to the steps of the U.S. Supreme Court, WTP Chairman Bob Schulz readily admits to only limited trial experience and virtually no experience with the particulars of conducting discovery or executing an actual trial, much less one of profound national significance such as the NCEL case.


Additionally, Schulz and co-Plaintiff Liggett openly acknowledge their lack of detailed familiarity with the technical issues, facts, personalities and body of knowledge in the fields of vote counting machines, election law and election fraud and in no way does their capacity in these areas approach the subject matter expertise and litigation experience possessed by the many activists who have advanced the election integrity movement for so long – and which will be required to achieve Justice.   


Bob and John are going to need a lot of help, from a lot of people, if they are to prevail in the NCEL lawsuit.

Soon, we will have more to say on this case. In the meantime, we would appreciate receiving the contact information of each and every person who might be willing to assist in the planning and execution of both the discovery and trial phases of the NCEL case. 

Please send your lawsuit related emails (only) to NCEL [at]

Click here to go to the NCEL Lawsuit Information Center.

Click here to read the May, 2009 Scheduling Order moving the lawsuit forward for trial.

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Video of December 8th, 2008 WTP Press Conference at the National Press Club
in Washington, DC is now on Google video.