Advocates for Faith & Freedom Files 9^th Circuit Petition

for En Banc Review on Behalf of EIPCa

On August 15, 2024, the Ninth Circuit Court of Appeals ruled against Election Integrity Project California (EIPCa)’s efforts to ensure every lawfully cast vote is accurately counted. In their lawsuit, EIPCa accused California Governor Gavin Newsom and California Secretary of State Shirly Weber of enforcing unconstitutional election laws and regulations.

The Panel dismissed EIPCa’s evidence as “minute” and “garden variety” irregularities, in other words, legally insignificant. EIPCa and Advocates for Faith and Freedom wholeheartedly disagree!

On September 6, 2024. Advocates for Faith and Freedom filed a Petition for En Banc Review (20 pages) with the Ninth Circuit Court of Appeals on behalf of Election Integrity Project California regarding the incorrect ruling of the 3-Judge Panel.

Option: Petition for En Banc Review and 3-Judge Opinion (78 pages)

On September 10, 2024 Advocates for Faith and Freedom sent out a Press Release announcing the filing of the Petition for En Banc Review.

Justification for the En Banc Review

• The decision in this case raises a question of exceptional importance which should be reviewed en banc.

• The Panel’s decision effectively encourages the State of California to ignore the sanctity of the ballot and the integrity of elections.

• This appeal raises a critically important question concerning California’s election integrity, specifically whether the State’s election system violates Due Process and Equal Protection when the State’s laws and practices are arbitrary or fail to provide adequate standards for election workers.

• The Panel dismissed factually relevant allegations that reveal widespread irregularities across California’s election scheme.

The Panel erred in affirming the district court’s dismissal of EIPCa’s Second Amended Complaint claiming failure to state a claim and claimed our allegations were “minute” and “garden variety” irregularities.

The fact is EIPCa’s allegations are based on the Secretary of State’s own voter registration files. Our research shows failure on the part of the Secretary of State to maintain election fairness, due in large part to California’s irresponsible statutory election scheme.

EIPCa challenges the constitutionality of California’s election statutes, its failure to remove ineligible voters from voter rolls, and seeks declaratory relief and appointment of a special master to oversee and monitor the vote counting in California’s upcoming election.

Prior to the November 2020 federal election, EIPCa sent six letters to the California Secretary of State warning that the State’s own files showed thousands of registered voters on the active list were ineligible to receive a vote by mail ballot.

We asked that the reports be reviewed and that action be taken to ensure a vote by mail (VBM) not be mailed to them. It does not appear that any action was taken on the reports.

Examples of issues presented to the Secretary of State in 2020:

• Over 1,000,000 more voters were registered in California than there were eligible citizens as of April 28, 2020.

• 458,000 likely ineligible registrants would be mailed ballots as of April 28, 2020.

• 106,315 additional registrants appeared to be ineligible voters as of July 11, 2020.

• 22,000 voters appeared to be registered twice and some three and four times as of March 1, 2020.

• 124,000 more votes were officially certified than the number of persons who were reported in state records to have voted in the 2020 election.

This level of research is anything but “garden variety”!

The United States of America is a Representative Constitutional Republic based on citizen self-governance beginning with our ability to choose our representatives in an election system that should be likened to a vault - nothing in, nothing out except the vote of each citizen.

EIPCa has spent the last 14 years documenting every aspect

of California’s election process.

It is time that the courts look at our evidence!