"Those who cast the votes decide nothing. Those who count the votes decide everything." Communist Tyrant Josef Stalin
3, 2000 NA (Network America) e-wire
Action This Election Cycle! From Dan Gutenkauf
important development out of our CFVC Convention: Dan Gutenkauf, delegate from
Arizona, shares some of the invaluable fruits of his labor over the last four
years with regards to the case he took all the way to the US Supreme Court –
all that court ignominiously refused to hear it on May 8 of this year.
presenting the following Action plan, I feel it necessary to call everyone’s
attention of the near pervasiveness of CRIMINAL judges. In the recent Idaho
case, where the Board of Elections personnel admitted UNDER OATH numerous
grotesque crimes, ---- carried in
our Network America ewires of August 11 and August 23rd, 2000 –
the criminal Judge STILL found in favor of the Board of Elections, and is
allowing the crooked lawyer for the Boise Board of Elections to SUE the
citizens who tried to protect honest elections for legal fees. This traitor
(as in treason) lawyer will try to take the homes of these patriotic citizens
to satisfy his legal fees, if need be.
leave the strategy to each area, but no judge, no lawyer, and no “law”
enforcement officers should be allowed to get away with stealing the property
– not even a dime – of honest citizens trying to restore honest elections.
I do recommend that everyone watch the recent movie The Patriot to get an idea
on how the colonists eventually resisted British tyranny EFFECTIVELY. (Hint:
It wasn’t by standing in a line as an easy target for enemy guns. It did
include effective use of the element of surprise.) Dan Gutenkauf, the author
of the below action plan, is in touch with the citizens of Idaho to try and
help them use the strategy he used to avoid counter claims by those enforcing
dishonest elections.) The CLEAN group just got his with hundreds of thousands
of dollars in punitive judgements for trying to restore honest elections, and
their slide presentation (of the CLEAN ladies being manhandled and choked for
trying to discover the secret ballot count in their county) – is gone from
the CLEAN website, presumably by order of the Judge. This subject will be
treated at more length soon.
Geshlider of Nevada is properly adamant that we not put crusaders in the way
of the punitive crimes of these dishonest judges – unless these crusaders
have eyes open as to the crimes Judges are committing from one end of the
nation to the other.
suggests that once a crime is documented on the part of an election official,
that a grand jury indictment be sought. This leaves the citizens out of the
way of countersuits. Of course, in many cases the Sheriffs are crooked and
will not call a grand jury. This subject needs full discussion, but I list
these caveats with regard to filing civil suits for the information of all
patriots seeking to restore honest elections.
action plan is focused on Arizona law, but it should give an idea to all on
how to proceed. I have interspersed Dan’s action plan with NA ewire
“Where the Law Begins, Tyranny Ends”
Strategy/Action Plan for Clean Elections
1. Call the Secretary of
State’s office and find out when the “computer logic and accuracy test”
will be given in your State. (In Arizona, refer to A.R.S. 16-449) It is
usually within 7 days prior to election day, and it’s open to the press and
the public. Alert other concerned citizens and political party members to
attend. Bring a videocamera or a tape recorder.
(NA Comment: Every state may
not have an accuracy and logic test. Many may find that there is such a test,
but conducted by your county. For instance, in Hamilton County, Ohio – the
county hosts the “accuracy and logic” test. This is a public affair, and
you can not legally be prevented from recording it on videotape or audiotape.)
2. During question and answer
session, ask who programmed the source code. If the Elections Director
doesn’t know or refuses to answer, then cite your State’s Public Records
statute. (In Arizona, A.R.S. 39 - 121) You have a right to that information.
Request a copy of the computer program counting software on disc, filed with
the Secrete of State’s office. A.R.S. 16-445 D says that it shall not
be disclosed, but does not give a reason for nondisclosure. In other states,
the reason given is that the software is “proprietary information” or a
“trade secret”. However, it should be noted that Arizona’s public
records laws do not expressly provide an exemption for “trade secrets.” (Att’y
Gen. Op. 179-215) Ask if the software is patented. If it is patented, it is no
longer a trade secret because a patent amounts to publication. (See Sachs
v. Cluett Peabody and Company. 39 N.Y.S. 853, 857.) Furthermore, trade
secrets are not shown if there is evidence that the same technology could be
purchased on the market from three or four other vendors. (See FMC Corp. v
Cyprus Foote Mineral Co. 899 F. Supp 1477 -- W.D. NC.1995) It would be
against the best interests of the state to exclude voters from knowing how
their vote is counted. Public policy always resolves any doubt in favor of
disclosure. If the Elections Department still refuses disclosure, you now have
it documented on video or audio tape.
There is usually a state
statute dealing with a special civil
action against an officer for denial of access to public records.(A.R.S.
39-121.02.) There is also a State statute dealing with criminal penalties
for impairing the availability of a public record. (see A.R.S. 13-2407 sec.
3. Recite aloud the “Tally of
the Vote” statute for your State. (In Arizona, see A.R.S. 16-601).
Point out that it requires that the count “shall
be public”’ Election laws are mandatory! If your State statute does
not provide for a public count of the votes after the polls close, then refer
to your public records statute. Election results are public records. You can
also cite the Supreme Court rulings that the right to vote also includes the
right to have your vote honestly counted. (United States v. Mosley 238
US 383 at p. 384, and Reynolds v Sims. 377 US 533 at p. 534).
(NA Comment: Whoa! Back up and read that last sentence and the Supreme Court citations again
4. Give the Elections Director
a copy of the Nov. 1996 issue of Relevance
magazine, “Pandora’s Black Box”. Point out that there is no legitimate
means of “certifying” that electronic vote count results are accurate and
honest. Point out that any system designed with an invisible “trap door” or
a “ Trojan horse” can easily pass
the accuracy and logic test. Refusal to allow examination of the software source
code defeats the legislative intent of the public Count statute. (A.R.S. 16-601)
It is tantamount to a secret count. It is also unconstitutional to prohibit you
from seeing that your vote is counted honestly on election night. It is a
violation of your right to peaceable assembly and petition for redress of
grievances, protected by the First Amendment. The purpose of the First Amendment
is to promote honesty of government by seeing to it that public business
functions under the hard light of full public scrutiny. (See Tennessean
Newspapers Inc. v Federal Housing Administration. C.A. Tenn, 464 F.2d 657.)
comment: The only place that the Relevance Magazine article is available is from
Citizens for a Fair Vote Count, as Dr. O’Halloran gave us permission to
reproduce it. However, it is still copyrighted. The cost of the Relevance
magazine issue referred to above is $10 postage included. If your group can pay
that, it will help us to reprint when we run out.)
5. Remind the Elections
Director that the purpose of the Election Board is to make sure that the
voters’ intent is accurately determined. The Declaration of Independence
asserts that government derives its just powers “from the consent of the
governed”. They work for us! Demand a manual Count of the ballots at
the poll upon closing, prior to sending the sealed ballot box to the central
counting center. If the Election Director refuses, he is liable for a civil
lawsuit under 42 USC 1983, deprivation of civil rights under color of state law.
“When they feel the heat, they see the light.” Sen. Everett Dirksen
6. Read the June 1995 article
in Readers Digest on “Vote Fraud: A National Disgrace.” Identity the common
denominators of vote fraud and seek remedies within the election statutes of
A. Lax registration
—study voter registration requirements (A.R.S. 16-101) and become an
elections challenger (A.R.S. 1 6-S90~ and learn procedure for
challenging an elector at the poll (A.R.S. 16-591 et seq.)
(NA Comment: One thorough
elections challenger who documents the job he does this November, 2000 – can
serve as a model for thousands doing the same thing two years hence. We have to
start somewhere in getting back to doing our collective civic duty at election
—remedy- study your state statute on intimidation of an elector (A.R.S.
C. Ghost voters- remedy —
for your political party to do door to door checking of voter registration list
for your precinct. Verify the current residents, and have invalid addresses and
deceased voters’ names purged from the registration list.
(NA Comment: Again, one team of
people doing this job right can serve as a model for thousands of teams next
D. Absentee ballot fraud- remedy — study the requirements and
procedures for absentee balloting (A.R.S. 16-541 et seq.) and attend the
counting of absentee ballots. Where the law begins, tyranny ends!
Comment: There is no adequate defense against absentee ballot fraud under
current circumstances, but the more citizens watching -- the better.)
Dan Gutenkauf action report. End of this NA ewire.
Jim Condit Jr.
Director, Citizens for a Fair Vote Count
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