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 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.
 
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