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

Sunday, May 16, 2010

The Latest Greatest

NCEL TO GO TO A JURY TRIAL in early 2011!

12 ORDINARY AMERICANS WILL DECIDE
IF ELECTRONIC VOTING MACHINES ARE
CONSTITUTIONAL!

CURRENT STATUS:

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.
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