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

Tuesday, October 18, 2011

KEY NCEL UPDATES & COURT DOCS

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
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