In 2007, following official and unofficial reports of widespread problems with electronic voting machines across the nation which included reports of machine malfunctions, software tampering and fraudulent electronic vote manipulation, We The People Foundation initiated a federal lawsuit to eliminate ALL electronic and mechanical voting machines.

The legal basis for the action was the well founded assertion that the machines violate the Constitution’s mandate that the People must know how their votes are counted and that machines all count the votes using secret, concealed mechanisms including unknown and uncontrollable software algorithms.

After initial proceedings in 2008 narrowed the slate of plaintiffs and defendants involved, the U.S. District Court gave its approval for the lawsuit to proceed and the case moved into the discovery phase where evidence is exchanged prior to trial.

During 2009-2010 WTP waged a protracted legal battle to secure evidence from the State of
New York, with the state claiming virtually every piece of documentary evidence it possessed was essentially “classified” and restricted from public examination.

In 2010,
New York moved, a second time, to have the NCEL lawsuit dismissed on a legal theory of lack of standing. After delaying its decision for many months, in July 2011 the District Court abusively ordered the dismissal relying on a deliberate misapplication of law and significant misstatement of key facts in the case.

As of October, 2011 WTP stands ready to appeal the dismissal to U.S. Court of Appeals, but needs your help to fund the filing fees and research costs necessary to move forward.

PLEASE CONTRIBUTE. (See PayPal button below)

This lawsuit is the only voter rights case in the nation directly challenging the use of machines to count votes because of the inherent violations of the Constitution they pose, and the gross opportunities the machines pose for fraudulent, criminal vote tampering.

The lawsuit seeks a court order barring all vote counting machines and forcing New York State election officials to use hand-marked paper ballots and to count all such ballots, by hand, in full view of the public at each polling station.
Additional resources, election videos, etc.: The NCEL Information Center

Monday, February 20, 2012

New NCEL video, Sign the Petition for Redress, Update

Your votes are recorded and counted in secret by e-voting/counting machines!

READ & SIGN the WTP Petition for Redress of Grievances to ban all electronic voting machines.

UPDATE:  Lawsuit to Ban All Voting Machines Appealed to U.S. Court of Appeals

VIDEO of filing of NCEL Appeal at U.S. Court of Appeals, Manhattan:

GET INVOLVED!  Join our next LIVE WEBINAR to Organize just 3% of America to reclaim Liberty and restore the Constitution!

Monday, February 13, 2012

NCEL Appealed to 2nd Circuit U.S. Court of Appeals

On February 13, 2012 WTP filed its initial Appeal brief with the U.S. Court of Appeals in Manhattan.

The appeal seeks to overturn the July 2011, Dismissal of the lawsuit by the US District Court in Albany which held (erroneously) that the Voter-Plaintiffs' "lacked standing".

The Appeal refutes the faulty reasoning of the District Court and invites the Court of Appeals to examine the 2009 decision of the German "supreme" court which banned ALL voting machines in that country based on the fact the machines violate the "Public Nature" of democratic elections and are thereby, unconstitutional.

Right-Click to download the APPEAL  (560K .pdf)

The NCEL lawsuit, (initiated two years before the German decision)  argues the exact points -- voting machines record and count the votes in SECRET using hidden mechanisms and software programs, and are therefore unconstitutional.

Access ALL the NCEL Court documents since 2007.

Tuesday, October 18, 2011


Key Updates:

Oct. 2011 --  U.S. District Court abusively dismisses NCEL lawsuit and rejects WTP Motion for Reconsideration.  WE NEED YOUR $$ HELP NOW to appeal to US Court of Appeals. Link to read the Court's Order, pleading links below 

July, 2011 Headed for Trial, NY State moves to dismiss lawsuit for 2nd time...Compelling pleadings and Judicial corruption and abuse exposed...

May, 11, 2009 - DRAMATIC DEVELOPMENT: WTP Federal Lawsuit to Ban All Electronic Voting Lawsuit Heads for Trial, Discovery Begins, Jury Will Decide the Law

Nov. 6, 2007 - 50 States Sued to Block Computerized Vote Counting
Aug 8, 2007 - WTP Takes Legal Action Against Vote Fraud

Key Legal Documents: 

July/Oct., 2011 -  Court abusively dismisses NCEL lawsuit, WTP's Motion for Reconsideration

Jan. 2011 - WTP fights NY 2nd Motion to Dismiss: WTP opposition to MTD & Appendix

Feb. 2010 - Battle against confidentiality: Plaintiff's Reply,  Plaintiff's Memorandum of Law

Jan. 2010 - Magistrate's Confidentiality Order imposing discovery confidentiality

May 2009 - Read the U.S. District Court's Scheduling Order

May 2007- Read the Amended Complaint (condensed version)

Access *ALL* the NCEL Court Documents

Sunday, May 16, 2010

The Latest Greatest

NCEL TO GO TO A JURY TRIAL in early 2011!



The NCEL lawsuit is now in the "discovery" phase.

Expert witnesses are being hired and prepared.

Numerous discovery requests for NY state Defendants
have been met with high levels of resistance.

To date, Defendants have produced NO documentary evidence claiming they (the state) have a RIGHT to keep all the state's evidence highly confidential and controlled by strict limited access procedures.

The absurd claim is essentially that the New York state Board of Elections can treat its public records regarding administration of the New York election laws as a state secret. The NCEL Plaintiffs, of course take strong offense at this claim.

As of 5-28-2010, the confidentiality issue remains under judicial appeal.

A separate May 2010 discovery Court Order instructs the state Defendants to turn over, and make available, samples of both the electronic and mechanical voting machines approved for use in New York.

PLEASE consider donating to help finance the NCEL lawsuit.
It will require a financial warchest of signicant size to fund the ongoing trial costs which include at a minimum: legal assistance, expert witness fees/travel/etc., document reproduction and management, trial preparation, information technology support/expenses, exhibit production costs, etc.

To insure that your donation is exclsuively reserved for funding the NCEL lawsuit, use the special PayPal button on this blog's home page.

This is a once-in-a-lifetime chance to finally rid our elections of fraud, tampering and error. It's time to publicly count every paper ballot by hand.

It All Started in Iowa

[Original Article:

August 2007 

Last Thursday, two days before the August 11th presidential Iowa Straw Poll, Bob Schulz and seven other Plaintiffs filed suit in federal court in Des Moines, Iowa seeking to permanently prohibit the state of Iowa from conducting any Straw Poll, Caucus, Primary, Special or General Election unless the voting and vote counting was open, verifiable, machine-free, and computer-free. 
Upon filing the suit, the Plaintiffs formally asked the Court for emergency injunctive relief, i.e., to order state election officials to modify the voting procedures for the Iowa Straw Poll to insure the validity of the voting process.

Specifically, the desired order sought to eliminate the use of Diebold voting machines that had been officially decertified by the state of California on August 3rd, to assure that the ballots were never out of public view, to force state election officials to publicly hand-count the ballots at each voting station and to announce the results and to conduct the tabulation of the vote station subtotals under full public observation. 
Besides the Complaint and the motion for emergency protection, a Declaration by James Condit, Jr. was also filed. Condit, familiar to many advocates of constitutional government, founded Citizens For A Fair Vote Count. He resides in Cincinnati, Ohio. 
Besides WTP's Schulz and Condit, the Plaintiffs include five citizens of Iowa (Jenneifer Maki, Pam Wagner, Troy Reha, Roger Leahy and Ginger Corbett) and one from Connecticut (Walter Reddy). 
Click here for a copy of the Complaint and the Motion to force a change in the voting procedures.  
At 8:00 am on Friday, the District Court telephoned the parties to say Judge Gritzner had ordered a hearing at 1:30 pm that day on Plaintiffs emergency request for a change in the voting procedures. 
Shortly after 10:00 am, the Defendants filed a Motion to Dismiss the case.

On Friday afternoon USDC Judge Gritzner heard arguments for two hours on the motion to change the voting procedures. He then issued his decision denying the motion. He did not dismiss the case. The case for a permanent injunction against elections in Iowa that are not open, verifiable, machine-free and computer-free will continue.

Click here for a copy of the transcript of the hearing and for a copy of the Judge’s decision.

Late Friday night, Schulz filed an emergency Appeal to the Eighth Circuit Court of Appeals in
St. Louis to issue the injunctive order.  On Saturday, the Appeals court likewise denied the request.
The Voting Machines Failed
As Plaintiffs had predicted, there were indeed significant problems counting the votes cast at Saturday's Iowa Straw Poll.

After delaying the release of the voting results an hour and a forty minutes beyond the planned 7 PM announcement time, state election officials were forced to admit repeatedly to the press that there were vote machine malfunctions and that (at least) 10% of the ballots had to be counted by hand.

By using the flawed Diebold machines and by tabulating the totals behind closed doors,
Iowa election officials have caused significant confusion, frustration and distrust of the results.
Unfortunately, because the Straw Poll has been well established as an early and influential political event in culling the field of presidential candidates, the inability of Iowa election officials to secure a constitutionally verifiable vote will leave an enduring legacy upon our entire nation.
Here is just a sampling of the news reports detailing the machine failures and vote recounts:
Des Moines Register, United Press International, Chicago Tribune, CNN 

And for your further thought, consider this:

Friday, April 13, 2007, Romney For President issued a press release announcing its Story County (Iowa) “Leadership Team.” The press release named Defendant Mary Moisman, the Story County Auditor, as part of its Leadership Team.
Mary Moisman and her staff were in charge of providing the Diebold voting equipment, as well as managing and auditing the operation and results of the Iowa Straw Poll, which was purportedly won by candidate Mitt Romney.