November 6, 2007
Sued to Block Computerized Vote Counting
Federal Court to be Asked to Delay
2nd we posted an article in which we announced that the
Clean Election Lawsuit was being expanded to all fifty
states. We said we were in the process of filing an amended
complaint to name all of the nation’s chief election
officials as defendants.
announced that we were looking for up to three volunteers
from each state to become plaintiffs and/or friends of the
lawsuit. The response was very strong. We thank each
and every one of the 610 people who responded to this call
Plaintiffs from every state brought the suit in the
United States District Court for the Northern District of
New York and maintain that current election practices,
including the widespread use of computerized voting
machines, are unconstitutional because they are ripe for
fraud and error and effectively hide the physical vote
counting process from the public, effectively denying
citizens their legally protected Right to cast an effective
The lawsuit seeks an Order from the Court
prohibiting the use of all voting machines and to force
election officials to instead utilize paper ballots and
to count and total all votes by hand, always in
full view of the public.
lawsuit, called the
NCEL, National Clean Elections Lawsuit,
follows documented vote machine failures during August's
Iowa Straw Poll, persisting claims questioning the integrity
of the 2004 presidential election, and the official
de-certification in August of virtually every major
electronic voting system by the California Secretary of
State based upon several comprehensive academic studies
documenting the systems' significant vulnerabilities to
software "hacking" and vote fraud.
October 2, 2007, here is what we have accomplished:
divided the country into eleven Circuits, matching the
geographic boundaries of the eleven federal Circuit Courts.
Eleven citizen “Circuit Leaders” were chosen. They
interviewed many of the volunteers, coming up with a list of
three or four potential plaintiffs from each state. Fifty
citizen “State Leaders” were chosen as lead plaintiffs.
conference calls were held among the state and Circuit
leaders and, at times, with all plaintiffs. A draft of the
amended complaint was emailed to all potential plaintiffs
for their review and comment.
Eventually, the amended complaint was finalized and approved
by 150 named plaintiffs. In total, 84 state officers and
election officials are named as defendants, many in their
private, as well as official capacity.
On November 1st the Amended Summons and Amended Complaint,
signed by 150 plaintiffs, were filed in the United States
District Court for the Northern District of New York.
Click here to read the Amended Complaint.
Saturday, November 3rd, 50 cartons containing the requisite number of sets of legal documents were
rushed to the state leaders for service on all defendants.
All 50 Governors, all 50 Attorneys General and all 84 chief
election officials in the 50 states are currently in the
process of being served with the National Clean Election
Lawsuit. Those in
Missouri and a few other states were served yesterday. Many
are being served today. By tomorrow evening, service should
have been completed.
Releases are being distributed regarding this important
lawsuit involving the election practices of every state in
Click here to view the New York press
Click here to view the general national press
post another update once we confirm all defendants in the
lawsuit have been served. Reactions by those being served
has been interesting to say the least.
noted, we intend to file a motion in a few days, asking the
Court to delay the 2008 primaries and caucuses until the
important constitutional issues raised by this lawsuit are
everyone to consider a
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