The Election Integrity Project seeks to preserve a government of, by, and for the people

The Perfect Storm

“It is enough that the people know there was an election.” J. Stalin

The United States of America is a REPUBLIC. In a Republic, all governmental decisions are made by representatives elected by people born or legally naturalized as American Citizens.

The requirement for every state to be admitted to the union, past and future, is that its people will be guaranteed a “republican form of government”; in other words, they must operate under the definition of a Republic. Therefore, the Constitutions of all 50 states clearly mandate that voting is a privilege and a right given ONLY to legal citizens.

Non-citizens, whether permanent or temporary residents, regardless of their property ownership or tax payment status, MAY NOT participate as voters in any federal or state election. PERIOD!

1994 – NVRA is passed, requiring all people interacting with government agencies, state or federal, to be offered a voter registration form

 

  • This was long before any discussion of issuing driver’s licenses to non-citizens of any kind; once states began that practice, non-citizens had easy access to registering to vote.
  • NVRA and CNVRA require only “on your honor” verification of citizenship
    • If applicant marks “yes”, it is accepted without question
    • If applicant marks “no”, registrar sends postcard offering applicant the opportunity to change the answer
    • If applicant marks neither, “yes” is the default
  • NVRA requires vote roll maintenance; in 2009, Eric Holder orders DOJ to ignore that section (8) of the law; on 2009 Eric Holder orders governors and states’ SOS NOT to follow that section of the law

 

1998 -CA eliminates voter ID – facilitating voter impersonation

  • EC requires posting of Street Index with all info necessary for identity theft—name, address, phone, party affiliation
  • EC voter check-in requirement is universally ignored from then to present
  • NO direction from SOS; advisories from that office often defy the law (especially the advisory that all people, even those not living or registered in a county, should be allowed to cast a provisional ballot; this either allows voters to cast illegal votes, and loose procedures in ROV office may likely count them, thus disenfranchising those who cast lawful votes–or this disenfranchises voters who, if they had been informed their out of county vote can’t be counted, would have chosen to drive to where they could vote lawfully.)

 

1998 – CA changes from Absentee Ballot to Permanent Vote-by-Mail

  • TWO Presidential Commissions have determined that mail ballots do not satisfy FIVE requirements for fair and honest elections
  • The SOS, the governor, the parties and most registrars are pushing unsuspecting voters to vote that way, and now the legislature has all but assured statewide (except LA) all vote by mail elections (see SB 350, 2016)

 

2002 – HAVA is passed.

  • CA remains out of compliance for 14 years (the only state to fail to comply), facilitating years of chaos in the voter rolls, countering CA’s previously excellent roll maintenance procedures and requiring inactive voters to remain on the rolls for a minimum of 8 years
  • CA is now ostensibly in compliance, but there are many concerns, starting with the reputation of the company who created the database and the manner in which the contract was awarded, and including the lack of public transparency with regard to the who and how of the database certification.
  • CA expands use of provisional ballot beyond all reasonable boundaries
    • Submission of unlawful votes facilitated
  • the law regarding provisional ballots is patently unenforced, and SOS “advisories” suggest clear subversion of the law (turn no one away, give everyone a provisional ballot)
    • “positive voting experience” takes precedence over voters being required or even advised to cast a vote that will count (voters voting out of county are disenfranchised entirely; voters voting out of precinct are likely disenfranchised in part
    • counties are inundated with ballots that are time and labor intensive, and subject to errors in duplicating and counting

 

2013 – CA enables non-citizens to be poll workers (AB 817)

  • Though there are “qualifications” stipulated in the law, there is no way to verify that poll workers meet those qualifications (another “on your honor”).
  • Non-citizens have not relinquished allegiance to their native country and leaders, nor sworn allegiance to this country. They potentially have not been educated in US History and government, and may not have an appropriate understanding of how the democratic process works here. We have also found that many do not speak or understand English, which is mandatory requirement for poll working.
  • Poll worker “requirements” rendered unverifiable—no vetting

 

2014 – California begins issuing licenses to non-citizens, giving them easy access to registering to vote. (Side note:

2014 – VBM ballots may arrive up to 3 days late even without a postmark (29 days is not long enough???—further facilitation and encouragement of ballot harvesting

2014 – Many counties cleared to do all VBM elections for special elections

  • 2 presidential commissions have concluded that mail ballots do not meet 5 essential criteria for fair and honest elections

 

2015 – CA passes AB 1461, changing voter registration from an opt-in to an opt-out process; registration happens automatically through DMV interaction unless voter proactively requests in writing not to be registered. This creates MANY concerns:

  • Voter rolls will become bloated with people who are unengaged and will not participate. (As easy as it was before this law to become registered, if these people wanted to be registered they would be—they certainly aren’t going to be moved to take the effort to opt out.) Given the ease of voter impersonation and ballot harvesting in CA (details later), this multiplies exponentially the opportunity for undetectable fraudulent voting.
  • Voter roll bloating will also drive the voter turnout statistics dramatically DOWNWARD, thus further eroding the public morale.
  • Non-citizens WILL become registered either because they think it’s legal, because they see how easy it is and know there are no consequences attached (AB 1461 exculpates any non-citizen who becomes registered and/or votes as a result), or because they do not understand the law due to language barrier
    • Since the DMV is required to be presented with proof of citizenship and residency before issuing a license, why are they not required to use that knowledge to inform them as to who can be lawfully uploaded to the voter rolls and who cannot?
  • The law also allows pre-registration of 16 and 17 year-olds as they get their license. Ostensibly they will not be activated as voters until their 18th But we already have at least one 16 year old (in LA) who showed up on the active voter rolls. This was BEFORE AB1461 was supposed to have been implemented, since it was prior to the certification of VoteCal.
  • The citizens of CA are not told HOW VoteCal was certified, or by WHOM. We know NOTHING about the process developed to secure the flow of information between DMV and SOS. We know NOTHING about the training that DMV employees should receive in order to implement all procedures properly. THE PUBLIC WAS COMPLETELY LEFT OUT OF THIS DECISION AND ITS IMPLEMENTATION. This FURTHER erodes public confidence.
  • How will AB 1461 interact with the HAVA and NVRA roll maintenance requirements and procedures?

 

2015 – CA passes bill to allow 8 additional days to sign VBM ballot (signature can be done remotely online rather than on actual ballot)

2015 – EIP research and documentation triggers hearing by U.S. Commission on Civil Rights. Full day testimony of citizens from all over the state, and documentation signed under penalty of perjury by EIP volunteers during the previous 5 years clearly shows that the civil rights of all CA citizens are being violated by the egregious actions and lack thereof by the SOS office and some ROVs. Much testimony was focused on the chaos and unlawful behavior of LA County ROV and poll workers.

Over a year later, the Regional Director has been removed (he stated that citizen testimony and documentation was extremely troubling, and that similar hearings should be held in other states); the replacement never visited CA and is now also removed from the position. The required report has been delayed, heavily redacted and generalized so that damaging specific testimony is not included, and currently appears to have been buried entirely.

 

2016 – CA passes SB 450, which essentially legalizes ballot harvesting and authorizes counties to remove from voters, with the exception of LA County, the right to vote in person. (Refer to previous reference to presidential commission conclusions regarding the inadequacy of VBM ballots to produce a fair and honest election.)

2016 – CA passes bill allowing voters to photograph their voted ballot and post it on social media, a clear facilitation of buying and selling of votes and of voter intimidation.

 

NOTE:  In the June 7, 2016 primary election there emerged several troubling patterns statewide:

 

  • Voters’ party affiliation changed without their permission or knowledge—result: many people unable to vote for the candidate of their choice
  • Voters who requested party change before registration deadline found that their request had not been processed—result: many people unable to vote for the candidate of their choice
  • Disturbing spike in VBM voters not receiving their ballots—result: increased provisional voting
  • Disturbing spike in voters changed to VBM without their request or knowledge, and not receiving ballot in mail—result: potential ballot harvesting and disenfranchisement

 

Further note: the last two situations mentioned have been growing in number in each election since our research began in 2012.

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