"Those who cast the votes decide nothing. Those who count the votes decide everything." Communist Tyrant Josef Stalin
CLEAN it up!
March 12, 2000 NA (Network America) e-wire
CLEAN it up!
Today we again transmit an article posted on the alert internet newspaper, The Lewis News at www.lewisnews.com -- You will remember the CLEAN slide show we recommended in a recent e-wire which depicted two ladies being evicted from a remote warehouse in Pierce County, Washington (state) as they were trying to witness the counting of absentee and other ballots. Wait till you see what happened in court on March 10, 2000. All election officials involved with this travesty of justice against the people of the USA and the people of Pierce County should be tried and jailed. Furthermore, a law should be passed that anyone guilty of participating in such outrages lose his or her citizenship. Here' the article from CLEAN:
Ruling on election law violations expected by Fri
Posted on: 3/8/00 8:27:04 PM - Olympia, WA -
Last week, in Thurston County Superior Court, Pierce County submitted a supplemental brief three days before the hearing last Friday arguing that the reason the secret warehouse was used five days before the 1996 General Election without notice, was because it was an "emergency."
Since it was an emergency the rules about notifying the public and political observers was suspended, the county argued.
In three and a half years of wrangling over this issue, this is the first time CLEAN has heard that the secret remarking operation was done because it was an emergency.
To put this argument by Phil Brennan, attorney for Pierce County, into the proper context, let's take a look at what was going on in 1996 with absentee ballots.
Pierce County Auditor Cathy Pearsall-Stipek closed down over 84 polling places in spite of outcries from the voters, who were forced to vote miles away or become a mail-in voter.
During the Primary Election just three months before, CLEAN successfully secured an order from the State Supreme Court stopping the auditor from counting ballots early.
Thousands of mail-in ballots were being opened and run through the vote counting machines beginning 10 days before the election.
The auditor tracks all mail-in ballots by daily mail return counts and the Primary Election showed an increase of thousands of mail-in ballots. The number of ballots arriving through the mail at the next election could easily be predicted by the returns of this election.
The number of ballots returning in the next election 10 weeks later could be no emergency.
In fact, the auditor had the situation under complete control. She had secured extra funding from the county council for two additional vote counting machines then took a vacation to Mexico in between the Primary and General Elections.
Federal Court records show that on Oct. 31, 1996 there were 40 or so workers in that warehouse working on remarking ballots, behind locked doors with a security guard.
Jet ahead to the year 2000 and the county is now arguing that this was an emergency, with no time to properly notify the public or the political observers as the law requires.
However, the auditor did have time to contact 40 or so people who were told to work at this new location. Portable lights were brought in along with dozens of tables for the workers and a security guard was hired.
CLEAN's argument about the "corrected" evidence went without comment by the county's attorney. Silence is golden.
The judge did not miss the point driven home by CLEAN's attorney Shawn Newman about the two sets of rules.
He argued that because of the the material issues of fact, a jury must decide.
The judge asked both sides at what point does a jury decide?
She also wondered whether a jury should decide the question about it being an emergency or not.
She gave no indication how she was leaning, though she also asked both sides about bifurcating the case, one on the election law violations and one on the defamation claims.
Judge Christine Pomeroy said she would make a written ruling and submit it within a week, no later than 5:00 PM Friday March 10, 2000.
*****
Citizens for Leaders with Ethics and Accountability Now! Inc.
(CLEAN) is a non-profit 501(c)(3) tax exempt organization located in Tacoma, Washington.
Contributions are tax-deductible and support research, publishing and office expenses.
***** CLEAN Shawn Newman, Attorney, President
Diane Rhoades, CPA, Treasurer
Sherry Bockwinkel, Executive Director 1524 Tacoma Avenue South Tacoma, Washington 98402-1806
Email sherry@clean.org
Toll free 800 219 7332
On your dime 253 572 1212
Fax 253 272 6797
CLEAN Home Page: http://www.clean.org
Educate, agitate, litigate.
(End of article from Lewis News on the CLEAN update)
By my experience, it will be a near miracle if Judge Christine Pomeroy does anything by white wash the actions of Pierce County. We can hope and pray otherwise - and we shall wait, see, and report.
Jim Condit Jr.
Director, Citizens for a Fair Vote Count
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