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VOTER GA HAS 501C3 STATUS FOR TAX EXEMPT CONTRIBUTIONS!!!
We now are at the most significant crossroads in the history of our landmark voting rights case.
Please help us take key elements of our case and new evidence that has surfaced into federal jurisdiction where we should be able to get a more impartial trial.
Checks can be mailed to VoterGa, P.O. Box 808 Decatur Ga. 30031
GA Supreme Court Ruling - Why we can win at the federal level:
· The court denied our normal right to a trial on all 13 counts of the lawsuit although we factually disputed 41 assertions made to the court by the Attorney General’s office and cited 17 lower court conclusions that had no basis in case evidence;
· The court defied all U.S. Supreme Court case law for ballot counting and recounting by refusing to apply strict scrutiny to our fundamental right of voting;
· The court instead applied a minimal standard of scrutiny and ruled that the former Secretary had a rational basis for implementing the machines in spite of the evidence we presented showing:
a. The machines do not have an independent audit trail of each vote cast as the law required. That law was in effect when the machines were procured, evaluated, allegedly certified and purchased;
b. The office of the Secretary of State was warned in advance of the need for voter verification, recount retention and audit controls by numerous governmental and public sources including a State Senate Committee, the head of Fulton County Elections and the 21st Century Voting Commission Report;
c. There was no compelling need for the Secretary to commit $54 million of taxpayer funds to replace many auditable voting machines with a statewide implementation of voting machines that cannot be properly audited.
· The opinion written by Justice George Carley, was cleverly worded to ignore nearly every shred of evidence that we presented just as the lower court order did.
· The opinion made conclusions with no basis in fact such as: “However, the undisputed evidence shows that the touch screen machines accurately record each vote when they are properly operated.” No such evidence was ever submitted in the case and it is technically impossible to produce the evidence without an independent audit trail.
· The opinion made unsubstantiated conclusions that were in direct conflict with the facts in the case record such as: “…uncontroverted evidence shows that the Secretary of State has properly certified the DRE voting system pursuant to O.C.G.A. 21-2-379-2.” That code section requires the Secretary of State to produce a “report”. We explained that the certification reports were never produced for the current equipment. Only certificates were provided for them. In addition, no reports or certificates of any kind were produced for machines used in 2001-2002 time period. Thus it is impossible for the evidence to be uncontroverted. Furthermore, we showed that the tabulation servers can never be certified according to federal guidelines as S.O.S. policy dictates because the servers cannot prevent fraudulent vote manipulation as the guidelines require.
In summary, we did everything we needed to do to win this case in the Georgia Supreme Court:
· Our briefs clearly presented the evidence and case law while refuting all material assertions made by the opposition;
· Walker did what we believed to be a very good job at the GA Supreme Court oral arguments;
· Todd followed up with a letter at the request of the Court that clearly applied all U.S. Supreme Court case law to our case and refuted the exact case law presented by the opposition because it was unrelated to ballot counting and recounting;
The court had everything it needed to make a decision based on the merits of the case but chose to ignore those merits. Since the case law and evidence we presented was never refuted by either court, I can only assume that the courts made a biased decision to protect state interests or those involved.
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