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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:
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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] GiveMeLiberty.org.
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.
Click here to access WTP’s
secure donation system.
Please consider making a
generous one-time donation
or establishing a monthly subscription donation.
Thank you for
your
generous support.
Please remember that your
tax-deductible donations are the sole
source of funding the Foundation's
Continental Congress 2009
project work and the NCEL federal lawsuit.
Click here to
access the CC2009 state-specific
donate buttons.
WTP CC2009
"Tea Party" Flyer (1-page)
RIGHT-Click here to download the
CC2009 "tri-fold" brochure.
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