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EIPCa et al v Weber et al - Second Amended Complaint to 2021 Lawsuit~Constitutional Challenge
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Update on EIPCa filing the Peremptory Writ of Mandate 

Following is the Press Release
from the EIPCa Legal team Advocates for Faith & Freedom

 

Press Release

ADVOCATES FOR FAITH & FREEDOM
FOR IMMEDIATE RELEASE: Thursday, November 14, 2024

CONTACT: Nicole Velasco at
media@faith-freedom.COM

Election Integrity Project California Takes Bold Action In Court To Defend Secure And Transparent Elections

For Immediate Release, Murrieta, CA - On Tuesday, the Superior Court ruled on an Ex Parte Application filed by the Election Integrity Project California (“EIPCa”), represented by our firm, requesting an expedited hearing on the merits of its petition for peremptory writ of mandate. EIPCa is seeking decisive judicial action to address critical issues in the administration of California's recent elections. The application calls on the court to issue a ruling before December 5, 2024, to ensure that election procedures align with EIPCa’s commitment to ensure fair elections as well as voter trust and integrity.

EIPCa’s petition names the California Secretary of State and election officials from several counties, including Orange, Los Angeles, Riverside, Kern, and Tulare. The petition challenges the adequacy of election oversight and highlights each county's role in maintaining voter rolls, processing ballots, and reporting results. EIPCa believes this oversight is essential to addressing procedural inconsistencies and maintaining Californians' faith in the election process.

“EIPCa remains committed to safeguarding Californian citizen’s constitutional right to free, fair, honest and transparent elections,” said Linda Paine, President of EIPCa. “By ensuring accurate voter rolls and integrity in the processing and counting of ballots, EIPCa continues to empower citizens through education and oversight of the election process with the goal of restoring integrity to the election process."  

“For too long, systemic election concerns have gone unaddressed, but this petition is a positive step toward reform,” stated Advocates attorney, Robert Tyler. “Our legal team is prepared to continue advocating for election integrity across the state.”

EIPCa has requested that the Court appoint a special master to oversee each respondent’s actions to ensure adherence to legal election processes. The Court is considering the request but has noted that it must first hear any opposition filed by the Respondents by Friday, November 15. Given the urgency of these issues, the Court has declined to set a hearing date on shortened notice but will consider the request based solely on the submitted briefs. This streamlined process ensures that the petition’s claims will be addressed promptly.

###


pdf of article 



Election Integrity Project California (EIPCa) Files

Peremptory Writ of Mandate to Protect Nov. 2024 Election

 

 

October 31, 2024 – Advocates for Faith and Freedom (AFF) filed a petition for a Peremptory Writ of Mandate on behalf of Election Integrity Project®California (EIPCa) and individual petitioners prior to the general election on November 5, 2024, to ensure the CA Secretary of State and named county elections officials abide by California election laws regarding certifying elections.

 

A peremptory writ of mandate, or mandamus, is a judicial writ (i.e. order) to any governmental body, government official, or lower court requiring that they perform an act or cease to act where the court finds that an official law, duty or judgment requires them to do so.

 

This writ would require immediate action on the part of the courts.

 

As explained in EIPCa’s September 26 media release, on February 27, 2024, EIPCa properly submitted an application to the California Secretary of State for the “voter list or file” maintained by the elections officials for each precinct of all voters who voted in previous elections.

 

Upon receiving the raw data of over 34 million rows of plain text tab delimited files the Secretary of State, EIPCa conducted an audit of the data, comparing information from the November 2022 Certified Accounting to EIPCa’s June 2024 Accounting.

 

The comparison should have been a “snapshot” of the November 2022 Certified Accounting Data. Instead, it proved to be substantially different. 

  • Overall, the June 2024 Accounting reflects that 32 California counties had 71,092 more ballots cast than the total number of voters that allegedly participated in the November 2022 Certified Accounting.

     

  • Statewide, the discrepancies netted a difference of 43,624 ballots cast and counted. Additionally, an unacceptable number of unique voter IDs had more than one ballot counted and attributed to a single voter (in other words, 2 or more votes per voter), amounting to 42,769 ballots.

     

    However, even if these “multi-votes” are not considered, there were still 22,210 more voters listed in the June 2024 data than voters listed at the time of the official election certification in November 2022.

     

  • EIPCa reviewed the US Election Assistance Commission data for the November 2022 election to see if the difference was the result of rejected ballots. The report shows that 94,072 ballots cast in Los Angeles County were rejected. Accordingly, the discrepancy of 49,777 could not be explained by rejected ballots.

 

The implication is that thousands of voters were deprived

of their right to have their vote counted

and thousands of invalid ballots were somehow counted.

 

On Sept. 26, 2024, EIPCa sent a certified letter to Sect. of State Weber requesting answers to its questions regarding the discrepancies.

 

Elections officials are required by California law to provide an answer to questions about election procedures or, otherwise, recommend an official who may provide an answer.

(Elec. Code §2300(a)(9)(B); Cal. Code Regs., tit. 2, § § 19001, 19003, 19008, 19009.)

 

To date, the Secretary of State has not responded to EIPCa’s request for explanation. EIPCa had no choice but to file the present Petition because there is a great risk that local elections officials and the Secretary of State will facilitate the same errors in counting and certifying votes in the upcoming November 2024 election.

 

EIPCa and AFF have petitioned for a peremptory writ of mandate under Civil Code section 1085 and Elections Code sections 13314, asking the court to:

 

  • Order Respondents to timely respond to Petitioner’s questions laid forth in their September 6 and September 20, 2024 letter.

     

  • Appoint a special master to investigate, hold hearings, and determine why the November 2022 Certified Accounting fails to match the EIPCa June 2024 Accounting and to provide written findings for the purpose of ensuring compliance with the Elections Code in recordkeeping, canvassing, reporting, and accurate certification of the election results for the November 5, 2024 election and future elections.

     

  • Appoint a special master to oversee the November 2024 election in each Respondent County to ensure that all ministerial requirements are fulfilled in compliance with the Elections Code in recordkeeping, canvassing, reporting, and accurate certification of the election results for the November 5, 2024 election.

     

    Respondent counties are: Los Angeles, Orange, Riverside, Kern, Tulare

     

  • Appoint a special master to oversee the Secretary of State’s fulfillment of her ministerial duties to ensure compliance with the Elections Code in recordkeeping, canvassing, reporting, compiling, and accurate certification of the election results for the November 5, 2024 election and to ensure that the records are accurately maintained following the election for post-election reporting.

     

  • Order Respondents to provide EIPCa with accurate finalized voter history and voter information files from the November 2024 election within sixty (60) days following the Secretary of State’s certification of the final election results.

 

Time is of the essence, given the upcoming election on November 5, 2024.

 

EIPCa requests the Petition for Writ of Peremptory Mandate be given preference under: (1) Code of Civil Procedure § 35, given its relation to certification of a candidate(s) by vote; and (2) Elections Code § 13314.

 

EIPCa has associational standing under the public interest exception to the beneficial interest requirement under California law because “the question is one of public right and the object of the mandamus is to procure the enforcement of a public duty.”

 

By filing the present writ, EIPCa acts on behalf of the Individual Petitioners and all California voters regarding the “broad public concernof ensuring transparent and fair elections by requesting that Respondents fulfill their statutory obligations of accurately counting and certifying votes.

 

EIPCa continues to work on behalf of all California citizens to restore fair, honest, transparent and valid elections.  The incompetence, carelessness or intentionality reflected in EIPCa’s findings regarding the November, 2022 election cannot be allowed to be repeated in 2024 or any other future year.

 

Follow our media releases for breaking news

regarding this latest legal action.

 

EIPCa is a nonprofit 501(c)(3) public benefit corporation committed to defending, through education, research, and advocacy the civil rights of United States citizens to fully participate in the election process under Federal and state law.

 

EIPCa provides grassroots oversight to ensure the integrity of that part of the Republic through which citizens exercise their most fundamental right - the right to choose their representatives by fair and honest elections.

 

EIPCa works to ensure that all votes

are lawfully cast and accurately counted.

 

Following is the Press Release
from the EIPCa Legal team Advocates for Faith & Freedom

 

Press Release

ADVOCATES FOR FAITH & FREEDOM
FOR IMMEDIATE RELEASE: Thursday, October 31, 2024

CONTACT: Nicole Velasco at
media@faith-freedom.COM

Election Integrity Project California Files Writ of Mandate
to Protect November 2024 Elections

For Immediate Release, Murrieta, CA - Yesterday, in a decisive move to ensure the accuracy and integrity of California's upcoming elections, Advocates for Faith & Freedom, on behalf of Election Integrity Project California (“EIPCa”) filed a Writ of Mandate against California Secretary of State Shirley Weber and various county elections officials. The filing comes after EIPCa’s thorough audit of election data from the November 2022 elections revealed major discrepancies, including instances of multiple votes being counted for individual voters. This legal action seeks to compel election officials to perform their legally mandated duties, ensuring that every vote in the November 2024 election is lawfully cast and accurately counted.

EIPCa’s audit showed an unexplained discrepancy of 43,625 votes between the certified election results and the data provided by the Secretary of State’s office. “We are not here to challenge election laws or the results of past elections,” stated Advocates Attorney, Robert Tyler. “We are simply demanding that the laws on the books be followed, and that every vote in the 2024 election be accounted for correctly. This is about protecting the fundamental right to vote and ensuring election integrity in California.”

 “A Republic if you can Keep it” was the response of Ben Franklin when asked what type of government the founders created. EIPCa and Advocates are working together to Keep the Republic by addressing election procedures that failed to prevent individual voters from casting multiple votes,” said Linda Paine, President of EIPCa.

The Writ calls for the appointment of a neutral special master to oversee the certification of results to prevent further discrepancies and to uphold the transparency promised by the California Voter Bill of Rights. EIPCa remains committed to holding election officials accountable and ensuring that every eligible voter has confidence that their vote will be counted.

###

 


pdf of article 



 

Election Integrity Project California (EIPCa) Sends Letters to Registrars with Warning of Intent to Sue 

  

November 7, 2024 - Election Integrity Project®California (EIPCa) sent a “letter of intent to sue” to the Ventura and Sacramento County Registrars of Voters regarding huge integrity breaches in their election management procedures.

 

Due to the need for Registrars of Voters to take quick action on some of these issues, EIPCa will continue to bring issues of concern directly to the Registrars with the hope that the issue will be quickly addressed.

 

The letter sent to the Sacramento County Registrar addressed the Lack of Voter Privacy due to Punched Holes in VBM Ballot Envelope.”

 

Here is an excerpt from the letter:  

 

EIPCa has been made aware that the Sacramento County Registrar has implemented a procedure that includes sending VBM ballots with a punched-hole in the envelope provided to voters to return their mail-in ballots for the November 2024 general election. This hole allows for some votes to be viewed on the ballot, which should remain sealed within the envelope. Enacting this hole-punching procedure is a clear violation of voters’ rights. Your office has neither addressed why this hole-punching procedure is necessary nor provided education to voters for how to properly place their ballots in the envelope in a manner ensuring anonymity. Your action violates Article II, Section 7, of the California Constitution, which states that, “Voting shall be secret.” Further, your procedure violates the Elections Code, division 19, Chapter 3, Article 1(b)(2), which provides that, “The system shall preserve the secrecy of the ballot.”

 

Your hole-punching procedure must also comply with the Help America Vote Act, requiring you to provide voter education regarding voter privacy as a requirement for continued receipt of federal funds. (52 U.S.C. § 20902(a).)

 

To ensure that voters’ rights are protected, and to avoid the time and expense associated with litigation, our office requests that you provide voter education to account for an accurate vote and to preserve voters’ confidentiality.

 

 

The letter sent to the Ventura County Registrar addressed “Issues of Concern Regarding Cybersecurity Breaches.”

 

Here is an excerpt from the letter:

 

California grants its citizens a statutory right to observe elections, including the right to check and review the preparation and operation of tabulating devices. (Elec. Code §§ 20872 and 20873.) Observers also have the right to ask questions and receive answers regarding the election process and procedures that have been implemented. (Id.)

 

EIPCa has numerous volunteers that are currently observing the November 2024 election process. Through their careful observation, these workers have noticed several concerning issues regarding how the election has been conducted by your office. In lieu of formal litigation, EIPCa is requesting answers to certain questions and demanding that your office comply with the above-referenced election laws.

 

The California Constitution provides that “[t]he Legislature shall prohibit improper practices that affect elections.” (Cal. Const., art. II, § 4.) Such improper practices impacting elections involve the connection of voting machines to the internet.  Specifically, “A voting system shall comply with all of the following: (a) No part of the voting system shall be connected to the Internet at any time; (b) No part of the voting system shall electronically receive or transmit election data through an exterior communication network, including the public telephone system, if the communication originates from or terminates at a polling place, satellite location, or counting center; (c) No part of the voting system shall receive or transmit wireless communications or wireless data transfers.” (Elec. Code§ 19205(a)-(c).)

 

The acts requested by EIPCa are only those ministerial acts which are already required of your office. (Devlin v Donnelly (1912) 20 Cal.App. 495, 498.) However, litigation to enforce those duties is costly, time-consuming, and ultimately, may erode trust between the electorate and the elected. EIPCa asks only that you take the above-referenced actions in accordance with California law and in lieu of any further litigation.



pdf of article 



 

Vote Safe and a Little More in 2024

Part 9 – Post Election Details

 

 

Tomorrow is the last day of voting - November 5, Election Day!

 

Here are some ways you can make a difference tomorrow, and in the weeks to follow as ballots are counted:

 

  1. Make sure you have

 

  1. Review the polling location procedures: 

 

  

  1. When and after you vote, plan to stick around a while as an official Citizen Observer.

 

A well-informed Observer may be able to ask just the right,

well-formed question to clarify things for everyone.

 

  1. Take time to visit some other polling locations in your area. You can be very valuable.

 

  1. Consider adopting one polling location at closing time.

 

  • Observe the closing procedures.
  • Follow the ballots to the Collection Center.
  • Watch for secure handoff and chain of custody.
  • Stay to watch other deliveries.

 

  1. Adopt a drop box in your area.

 

  • Be there before 8:00 p.m.
  • Document how and when the box is locked. No ballots should be allowed to enter the box after that time.
  • For more on drop box observation information, see Vote Safe Part 3.

 

  1. If you are a late-nighter, there is much to observe at the counting center as the ballots of the day arrive and the in-person votes are counted.

 

  1. Take a deep breath. Then commit to doing what you can to protect vote by mail and provisional ballots as they are processed.

 

From November 6 through December 5,

you are needed at the ballot processing centers.

  1. Review the two articles on ballot processing:

 

 

  1. Go as often as you can for the next 30 days to protect with your presence each and every ballot being processed.

 

  1. Stay in touch with EIPCa via Hotline as needed.

 

  1. Fill out and send in a Citizen Incident Statement for each issue you encounter.

 

Citizens involved in every aspect of the election process produce a healthy Republic.

 

Without citizen oversight, Republics are soon lost.

 

Freedom is only one generation away from extinction.

 

Let us not be that generation.



pdf of article 



 

Vote Safe and a Little More in 2024

2024 Introduction to the EIPCa Citizen Observer Guidelines

November 2024 – Presidential Election

 

Since 2011, Election Integrity Project®California has researched and documented every aspect of California’s election process and identified how California laws and regulations have transformed a single Election Day into a 60-day election season fraught with easy-to-manipulate procedures.

 

For 14 years EIPCa-trained Observers and Citizen Observers have submitted tens of thousands of signed affidavits from citizens in 43 out of 58 counties. These documents paint a clear picture of California’s transformation of an election management process that once resembled a vault, nothing in, nothing out except the vote of each eligible citizen, to a system best described as porous.  

 

This documentation has so far allowed EIPCa to instigate

 

  1. a civil right hearing in 2014

 

  1. an NVRA section 8 lawsuit in 2017

 

  1. four Briefs filed with the DHS and the DOJ in 2017

 

  1. an Amicus Brief on behalf of Arizona in Brnovich v DNC in 2020

 

  1. a lawsuit challenging violation of citizen Observer Rights in 2020

 

  1. a federal lawsuit challenging the constitutionality of CA election laws, etc. in 2021

 

[Click here to read the rest of the article]



 

 
 

EIPCa Voter Roll Research
Questions Surround Irregularities in California’s 2020 Election

Nonpartisan watchdog seeks answers on over 2 million documented registration and voting anomalies.


Santa Clarita, California (June 22, 2021)Click here to download copy of press release-- California’s November 3, 2020 election was marred by significant voting and registration irregularities, according to Election Integrity Project® California, Inc. (EIPCa). The non-partisan organization analyzed the state’s official voter list of February 9, 2021 and reported its findings to California’s Secretary of State Shirley Weber on June 17, 2021. This followed EIPCa reports of 2020 cross-state voting on April 30 and May 18, 2021 that the Secretary has ignored. EIPCa’s June report cites California’s election code that requires officials to provide timely answers to citizens’ questions.

EIPCa seeks answers to the following questions, on behalf of California voters:

  1. Why are there almost 124,000 more votes counted in California’s November 3, 2020 election than voters recorded as voting in that election? And why is most of the discrepancy driven by 116,000 vote-by-mail ballots with no apparent voter identified in VoteCal’s voting histories? Click for a list by county.
  2. Why do more than 7,700 voters have TWO November 3, 2020 votes credited to their voting histories? These are two votes credited to each of 7,700 unique (non-duplicated) registration ID numbers in the state database. This indicates mass double voting, a significant programming error in the state’s registration system, or both.
  3. Why does California have 1.8 million more registered voters than eligible citizens and why did this overage rise 72% in the 2020 election cycle? Click for a list by county.

VoteCal Database Date # Counties with Registrations Exceeding # Eligible Citizens Total Ineligible Registrations
March 2020 11 1,063,957
February 2021 23 1,834,789 (+72% since 3/20)
  1. Why did California’s on-line and DMV registration systems change 33,000 foreign-born voters’ birthplaces of record to “California” or “United States”, potentially masking non-citizens unlawfully registered to vote? Similarly, why were 76,000 birthplaces changed from another U.S. state to California? Click for a chart of birthplace changes.

“Many in the nation are questioning the validity of the 2020 general election in their states”, said EIPCa President Linda Paine. “Mass irregularities in California’s registration and voting numbers continue to erode voter confidence here and we are hopeful Secretary Weber will immediately address our questions.”

 


 
 
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