Counterclaims Fight Back Against Efforts to Deny Georgia Citizens’ Rights to Petition Government, Ensure Integrity.

ATLANTA, Georgia – True The Vote filed a countersuit against Fair Fight Action, Inc. in the U.S. District Court for the Northern District of Georgia, asking the court to stop Fair Fight Action from continuing its effort to intimidate True The Vote and Georgia voters who lawfully submitted elector challenges in their counties prior to the Jan. 5 election.

“Fair Fight Action’s legal attack sought to chill the efforts of True The Vote and Georgia voters across the state who petitioned their counties to protect the right to vote for all legal voters in the Jan. 5 runoff election,” said True the Vote Founder and President Catherine Engelbrecht. “This case aims to fight back against a group that took square aim at the constitutional rights of those committed to election integrity. Citizens have the right to petition their government. We will stand against any who would try to stifle that right through intimidation tactics.”

Fair Fight Action sued True The Vote and Georgia voters who submitted written challenges to voter eligibility for the Jan. 5 election based on evidence that the challenged voters no longer live at the address where they are registered. The research relied on recognized data sources, namely the U.S. Postal Service’s National Change of Address file. Georgia law explicitly allows for these challenges, according True The Vote’s counsel, James Bopp.

“Fair Fight Action’s frivolous lawsuit sued citizens not for breaking Georgia law, but for following it,” Bopp said. “Our counterclaims are intended to defend voters’ right to free speech and petition and to protect the right to vote by preventing dilution of legal ballots through fraud. The eligibility challenges under Georgia law are examples of petitioning the government in an effort to promote election integrity.”

When a registered voter’s eligibility is challenged, it triggers a review by the county to find probable cause about the challenged voter’s right to vote in a particular election. The challenged voter is asked to prove his or her eligibility, in this case by showing proof of residency. If residency is unverifiable, the voter will not be permitted to cast a vote in that particular election, but they are not removed from the voter rolls.

“Fair Fight Action sought to stop patriotic Americans from exercising their rights, to bully them into withdrawing their challenges and to prevent True The Vote from assisting in future such efforts in Georgia,” Engelbrecht said. “That’s voter intimidation and illegal under the Voting Rights Act. Today’s countersuit asks the court to safeguard Georgia citizens’ rights and True the Vote from Fair Fight Action’s strong-arm tactics. We will not stand by and watch while our rights are taken. For over a decade True the Vote has worked to preserve voters’ rights and election integrity. We’re not stopping now.”

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True the Vote (TTV) is an IRS-designated 501(c)3 voters’ rights organization, founded to inspire and equip volunteers for involvement at every stage of our electoral process. TTV empowers organizations and individuals across the nation to actively protect the rights of legitimate voters, regardless of their political party affiliation. For more information, please visit www.truethevote.org.

ATLANTA, Georgia – True the Vote’s efforts to protect election integrity in Georgia’s U.S. Senate runoff election won another federal court battle, with District Court Judge Steve C. Jones ruling against Fair Fight’s request to stop True the Vote’s work that simply follows the procedure outlined in state law. This ruling follows a separate federal court ruling that allowed elector challenges in Muscogee and Ben Hill counties to proceed.

“These rulings affirm the truth that citizens play an important role in preserving election integrity by asking questions and challenging inaccuracies,” said Catherine Engelbrecht, founder and president of True the Vote. “Georgians owe a debt of gratitude to the registrars in Muscogee and Ben Hill counties who bravely told the court they’d discovered voters who had in fact moved out of state and were attempting to vote in this election – and would have if citizens had not submitted these challenges. And the Georgia citizens sued by Fair Fight were spending time with their families on Christmas Eve when they were served with court papers. They stood strong against these intimidation tactics and harassment.”

One of the defendants, Ron Johnson of Jackson County, said his involvement in this election integrity effort builds on his service to his country as a U.S. Marine.

“I’m so proud to be a part of this effort,” Johnson said. “I took an oath the first time in 1964 to support and defend the Constitution of the United States against all enemies foreign and domestic, so help me, God. That oath still stands today. What a way to start 2021!”

True the Vote’s counsel James Bopp represented the defendants in the Fair Fight case.

“These courageous citizens were targeted because they dared to stand up for their rights,” Bopp said, “Like true patriots, they stood strongly by the Constitution and the laws of their state and they effected positive change. This is what citizen engagement looks like: There are forces that will try to stop us, but we’ll never stop fighting to defend our democracy.”

Engelbrecht said True the Vote will continue its work in the Georgia elections, with additional hearings on voter eligibility scheduled.

“Let the voters be heard. Let every legal, eligible voter have their vote counted,” Engelbrecht said. “For this to happen, it is critical that those not eligible to vote are prevented from doing so. True the Vote – a completely citizen-led organization – exists for the purpose of championing voting rights, ensuring all law-abiding Americans have the tools they need to cast their ballot, and we are committed to that important work in Georgia and beyond.

“To the legal Georgia voters who have not yet cast their ballots, your fellow Georgians are holding the line for you. Go vote Tuesday!”

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True the Vote (TTV) is an IRS-designated 501(c)3 voters’ rights organization, founded to inspire and equip volunteers for involvement at every stage of our electoral process. TTV empowers organizations and individuals across the nation to actively protect the rights of legitimate voters, regardless of their political party affiliation. For more information, please visit www.truethevote.org.

12/11/2020, the National Police Association (NPA) filed a friend of the court brief asking the Eastern District of Michigan to deny Detroit Will Breathe and other Plaintiffs’ Motion to Dismiss the City’s counter-claim.

On August 31, 2020, Detroit Will Breathe and other individuals filed a complaint against the City of Detroit and others, following the civil unrest and protests throughout the summer. In response to the many unlawful and illegal activities that took place during some of these protests,
the City responded with its own counter-claim on September 25, 2020. In their counter-claim, the City argued that Plaintiffs conspired to engage in unlawful activities. This unlawful conspiracy led to a number of injuries and damages including: physical injuries; pain, suffering, and emotional distress; property damage; loss of business opportunities; etc.

NPA’s brief argues that the First Amendment does not protect against legal liability for one’s own unlawful conduct. The brief clarifies that NAACP v. Claiborne Hardware Co., 458 U.S. 886 (1964), upon which Plaintiffs rely, involved a lawful boycott, in which some, but not all, persons engaged in violent activity. The Supreme Court held that those not engaged in illegal acts could not be held liable for others’ illegal acts based on their speech, unless the person engaged in lawful activity authorized the illegal acts or incited violence themselves. In this case, the First Amendment does not protect a person from damages for their own unlawful activities. Claiborne recognized protection for peaceful, lawful activities, but Plaintiffs’ actions were unlawful and led to foreseeable damages and injuries.

The brief also argues that the conduct at issue here was unlawful and that the injuries and damages resulting from the civil conspiracy were reasonably foreseeable.

Finally, the brief argues that police officers need protection from unlawful activity that poses a risk of serious harm to them. The violent and illegal activities associated with the Detroit protests and similar protests across the United States created a reasonably foreseeable risk of harm. Allowing liability for such unlawful conduct protects police officers, the public, and the rule of law.

James Bopp, Jr. of The Bopp Law Firm, P.C. and lead counsel for NPA on the brief, says: “The First Amendment only protects speech and assembly that is peaceful and lawful. It does not allow individuals to shield their unlawful and illegal conduct from liability under the First Amendment. Allowing a contrary rule would harm police officers and the public by allowing any unlawful and/or violent activity to take place as long as the persons involved are also chanting slogans.”

View the amicus brief here.

RLI, Bopp Law Firm win lawsuit against Gary, Indiana, sanctuary law

11/17/2020 WASHINGTON, D.C.—Yesterday, in a major victory against sanctuary policies, Indiana’s Lake Superior Court struck down an ordinance that the City of Gary, Indiana, had enacted to protect illegal aliens, even ones with criminal records, from federal immigration law enforcement. The decision is a complete victory for the plaintiffs, who are represented by the Immigration Reform Law Institute (IRLI) and The Bopp Law Firm.

Lawyers at IRLI and Bopp had argued, and the court yesterday found, that the ordinance violates several Indiana statutes prohibiting governmental bodies in the state from refusing to cooperate with federal immigration law enforcement. The statutes, which IRLI had helped draft, require local jurisdictions to cooperate with such enforcement to the full extent contemplated in federal law.

“Indiana’s law banning sanctuary cities in Indiana clearly bans what the City of Gary and other Hoosier cities have done with so-called ‘Welcoming City’ ordinances,” said James Bopp, Jr. of The Bopp Law Firm. “We are pleased that, after extended litigation, the court has recognized the obvious fact that such ordinances are illegal in Indiana. There must be no more such ordinances in Indiana, and those in existence are clearly in violation of Indiana law.”

Residents of Gary and other sanctuary cities are victimized by such unlawful non-cooperation policies. According to U.S. Immigration and Customs Enforcement estimates, roughly 2.1 million alien criminals are living in the U.S., over 1.9 million of whom are removable. Because of policies, like Gary’s, that prohibit state and local law enforcement from cooperating with federal immigration officials, alien criminals are able to stay in communities and commit more crimes.

“IRLI applauds the court’s decision,” said Dale L. Wilcox, executive director and general counsel of IRLI. “Sheltering illegal aliens from immigration authorities not only flagrantly violates duly-enacted Indiana law, but represents a serious public safety and national security risk. When cities such as Gary insist on putting the interests of illegal aliens above those of their own citizenry, they have to be stopped, and we are pleased the court did just that yesterday.”

The case is Nicholson v. City of Gary, Indiana, No. 45D05-1802-MI-000014 (Lake Superior Court).

For additional information, contact: Brian Lonergan • 202-232-5590 • blonergan@irli.org

Wisconsin Voters Believe There is Sufficient Suspicion of Illegal Voting, Warranting Thorough Investigation

11/14/2020 HOUSTON, Texas – True the Vote, as part of its “Validate the Vote” initiative filed a lawsuit in the United States District Court for the Eastern District of Wisconsin against the election officials in Menominee, Milwaukee, and Dane counties, along with the Wisconsin Elections Commission (WEC) and Gov. Tony Evers. The complaint seeks immediate access to nonpublic election information, such as registration data and other key voter information, so that the voters’ experts can analyze who voted, using sophisticated data analytics, to determine if actual illegal votes were cast, and how many.

“Voters in Wisconsin deserve to have their voices heard and their doubts resolved about the presidential election results,” said True the Vote Founder and President Catherine Engelbrecht. “There is no question that were numerous voting irregularities in the November 3 elections in Wisconsin and True the Vote is seeking access to the data that will allow us to confirm to what extent illegal votes were counted and whether they impacted the final results of the election. All we want are the facts – regardless of the final outcome – so that we can determine where vulnerabilities in the election system exist and take steps to fix them. The right to vote is one of our most sacred civil rights as Americans. True the Vote is committed to preserving those rights and ensuring the integrity of all elections.”

If the study of voter rolls reveals sufficient actual illegal votes that place in doubt the presidential election results, the voters would seek to overturn the results in the counties where that evidence exists, because those illegal votes dilute the lawful votes, which is a violation of the voting rights of Wisconsin’s legitimate voters and a violation of the equal protection clause.

Leading True the Vote’s litigation efforts is True the Vote’s General Counsel James Bopp, Jr., who played a key role in the Bush v. Gore case and successfully brought Citizens United v. FEC.

The voters represented in the litigation provide personal testimony of suspicious and possibly illegal election activity that would justify this investigation, including:

  • One voter went to her polling place to vote in person. When she arrived and attempted to sign in and obtain a ballot, poll worker told her that she had already requested an absentee ballot by mail. However, the voter had never requested an absentee ballot, and therefore requested a ballot to vote in person. When she told the poll worker that she had not requested an absentee ballot and wanted to vote in person, the worker replied “That’s OK” and gave her a ballot.
  • The same voter’s daughter once started the process to register to vote online, but decided not to upload her identification, so never completed the online process and never requested an absentee ballot by mail. However, the daughter later received an absentee ballot by mail anyway.
  • One election supervisor in the Village of Menomonee Falls was asked many times by poll workers if a voter who had been issued an absentee ballot was allowed to vote in-person when the ballot’s signature box is printed “Absentee Issued.” She advised the workers that the voter could vote in person as long as the voter had not returned the absentee ballot. Through the day, at least 10 of those voters stated to the effect, “I didn’t even ask for this ballot.” The election supervisor and workers asked those voters to tear the absentee ballots before voting in person. The voters did so and gave the torn ballots to the workers to include with election materials.
  • One vote canvasser in Prescott, Wisconsin, working on behalf of the Susan B. Anthony List, was told by a resident that the resident had received 10 ballots in the mail from the WEC, even though he did not request them. He stated that his neighbors had also received 10 ballots without requesting them.
  • Two Wisconsin voters Eau Claire received instructions from the WEC by mail advising how to request ballots and vote by mail. They did not respond and did not request ballots from WEC, either by mail or online. However, each received a ballot from the WEC personally addressed to them. They destroyed the ballots and voted in person.
  • A college student in North Dakota, registered to vote in Wisconsin, requested to be mailed an absentee ballot so that she could vote by mail. She received instructions from WEC to submit ID. However, before returning the request and submitting ID, she received a ballot by mail and never did submit the ID. She destroyed the ballot and returned to Wisconsin to vote in person.

The suit requests that the Court expedite discovery of poll lists and other key information necessary to conduct the investigation and, if the investigation results in sufficient illegal votes being documented, take action before the December 8, 2020 deadline for the state to certify the results of the presidential election. The acceptance of unlawful ballots by election officials in any of these three counties would draw into question the veracity of Biden’s lead.

True the Vote has also filed litigation on behalf of voters in Pennsylvania, Michigan, and Georgia to conduct similar investigations and will continue pursuing all legal avenues to ensure that voters voices are heard and election inconsistencies and malfeasance are thoroughly analyzed and investigated to see if it resulted in sufficient actual illegal votes to invalidate the election.

The following is a timeline of key dates surrounding final certification of elections and vote of the Electoral College, prior to Inauguration Day:

  • Dec. 8: “Safe Harbor” – date by which states must certify results and assign electors. If an election is in dispute, state legislatures may assign electors.
  • Dec. 14: Electors meet in their states to cast votes for the president and Vice President.
  • Jan. 3: New Congress is sworn in; 117th session starts.
  • Jan. 6: Electoral votes are counted in House chamber by members of House and Senate; if neither candidate has 270 electoral college votes, the election is in dispute.
  • Jan. 20: Inauguration Day – new president takes oath of office. In a disputed election, the House will appoint the president and Senate will choose the Vice President.

# # #

True the Vote (TTV) is an IRS-designated 501(c)3 voters’ rights organization, founded to inspire and equip volunteers for involvement at every stage of our electoral process. TTV empowers organizations and individuals across the nation to actively protect the rights of legitimate voters, regardless of their political party affiliation. For more information, please visit www.truethevote.org.

Georgia Voters Believe There is Sufficient Suspicion of Illegal Voting, Warranting Thorough Investigation

11/14/2020 HOUSTON, Texas – True the Vote, as part of its “Validate the Vote” initiative filed a lawsuit in Georgia on behalf of four legally registered voters in order to conduct a thorough investigation of the actual illegal votes in Georgia. The lawsuit names the members of Boards of Elections and Registrations for eight counties along with Governor Brian Kemp and Secretary of State Brad Raffensperger as defendants.

“The election inconsistencies displayed in Georgia deserve a thorough investigation in order to ensure that the voting rights of legal voters in the Peach State are defended,” said True the Vote Founder and President Catherine Engelbrecht. “The events surrounding Georgia’s elections are a disgraceful representation of the election system in the United States. Our litigation seeks to follow the law, to find the facts, and to discover the vulnerabilities that exist in order to do a thorough investigation of voter rolls to determine if actual illegal votes were cast and to ensure fair results of the most recent presidential election.”

As a result of the credible suspicion of illegal election activity in Georgia, the lawsuit demands that election officials produce poll lists and other key information so that the voters’ experts can analyze who voted, using sophisticated data analytics, to determine if actual illegal votes were cast, and how many.

The lawsuit seeks to investigate eight Georgia counties – Chatham, DeKalb, Fulton, Clayton, Gwinnett, Cobb, Richmond, and Henry. If the study of voter rolls reveals sufficient actual illegal votes that place in doubt the presidential election results, they would seek to overturn the results in the counties where that evidence exists, because those illegal votes dilute the lawful votes, which is a violation of the voting rights of Georgia’s legitimate voters and a violation of the equal protection clause.

Leading True the Vote’s litigation efforts is True the Vote’s General Counsel James Bopp, Jr., who played a key role in the Bush v. Gore case and successfully brought Citizens United v. FEC.

The voters represented in the litigation provide personal testimony of suspicious and possibly illegal election activity that would justify this investigation, including:

  • An absentee ballot requested and submitted in voter’s name although he voted in person and did not use an absentee ballot.
  • A voter told she had early voted when she had not done so, then given an absentee ballot to fill out and submit, but never received confirmation the issue was resolved.
  • A voter in the military who requested, but never received his absentee ballot
  • A voter whose mother received a ballot in the mail addressed to someone she knew to be deceased and who lived in Florida prior to her death.
  • Additionally, the lawsuit alleges voting machine glitches, election officials tabulating votes in secret after telling poll watchers they were done counting ballots for the night, and evidence that some counties’ voter registration lists exceed 100 percent of the eligible voters in that county. Prior to Secretary of State Brad Raffensberger announcing a hand recount of the presidential results, Joe Biden was leading President Donald Trump by less than 13,000 votes or .2 percent of the total.

The suit requests that the Court expedite discovery of poll lists and other key information necessary to conduct the investigation and, if the investigation results in sufficient illegal votes being documented, take action before the December 8, 2020 deadline for the state to certify the results of the presidential election. The acceptance of unlawful ballots by election officials in any of these eight counties would draw into question the veracity of Biden’s lead.

True the Vote has also filed litigation on behalf of voters in Pennsylvania, Michigan, and Wisconsini to conduct similar investigations and will continue pursuing all legal avenues to ensure that voters voices are heard and election inconsistencies and malfeasance are thoroughly analyzed and investigated to see if it resulted in sufficient actual illegal votes to invalidate the election.

The following is a timeline of key dates surrounding final certification of elections and vote of the Electoral College, prior to Inauguration Day:

Dec. 8: “Safe Harbor” – date by which states must certify results and assign electors. If an election is in dispute, state legislatures may assign electors.

Dec. 14: Electors meet in their states to cast votes for the president and Vice President.

Jan. 3: New Congress is sworn in; 117th session starts.

Jan. 6: Electoral votes are counted in House chamber by members of House and Senate; if neither candidate has 270 electoral college votes, the election is in dispute.

Jan. 20: Inauguration Day – new president takes oath of office. In a disputed election, the House will appoint the president and Senate will choose the Vice President.

# # #

True the Vote (TTV) is an IRS-designated 501(c)3 voters’ rights organization, founded to inspire and equip volunteers for involvement at every stage of our electoral process. TTV empowers organizations and individuals across the nation to actively protect the rights of legitimate voters, regardless of their political party affiliation. For more information, please visit www.truethevote.org.

Represents Michigan voters in litigation seeking full investigation into voting irregularities that diluted legal votes and possibly influenced outcome of the election

11/13/2020 Houston, Texas–True the Vote, on behalf of four Michigan voters, has filed a federal lawsuit against Gov. Gretchen Whitmer and county officials in Wayne, Washtenaw, and Ingham Counties to contest illegal ballots that were counted in the recent elections. The lawsuit alleges that evidence exists to cast sufficient doubt on the current results of the Presidential election in Michigan and seeks to invalidate the presidential election results in counties where illegal ballots and ballot-counting were so widespread that the overall results cannot be trusted.
“One of the most fundamental rights that we as Americans possess is the right to vote. It is a critical part of our freedom of speech, yet we are seeing that basic freedom silenced in states all across the country that refuse to implement adequately fair and secure elections – Michigan being one of the worst offenders. Every illegal vote that is counted dilutes the voting rights of law-abiding American citizens, and jeopardizes Americans’ trust in their electoral process. Enough is enough. True the Vote is taking a stand on behalf of Michiganders – and all Americans – to stop bad actors who are stripping away citizens’ most basic rights by refusing to secure our election process. We will take proper action to put an end to it.”
The lawsuit states that there exists sufficient evidence to doubt the results of the November 3 presidential election, including issues with transparency, fraudulent changing of dates, a software glitch, clerical errors, illegal votes – including dead people and felons, excluded poll watchers, vote dumps, backdated ballots, and many other issues and irregularities.
“The irregularities of the vote count in Michigan are overwhelming and widespread,” said True the Vote legal counsel James Bopp, Jr. of The Bopp Law Firm, PC. “It is our desire to ensure that these reports are thoroughly investigated to better determine the impact of maleficent and erroneous activity that could call into question the entire result of the presidential election in Michigan. True the Vote’s lawsuit will ensure that legal voters have their voices heard and their votes counted.”
A sampling of the evidence presented in the lawsuit includes:

  •  A credentialed poll challenger was excluded from the absentee counting process, contrary to Michigan law. Additionally, it is alleged that absentee counting boards conducted counts without inspectors from each party being present and that challengers were denied access to video of ballot boxes, contrary to Michigan law.
  • Election officials in Wayne County refused to permit statutorily designated challengers to observe the conduct of the election and the processing of ballots. This included being denied meaningful opportunity to observe the counts; denial of access to the facility; denial of re-entry; lack of replacement of Republican challengers; social distancing enforced in a partisan manner; blocking by election officials; being forced to observe at unreasonable distances; windows being covered to prevent viewing; and intimidation, threatening, and harassment by election officials. Election officials also ignored and disregarded valid challenges.
  • Challengers were prohibited from observing the ballot duplication process, which were only performed by Democrats.
  • Officials counted ineligible ballots, including those being repeatedly run through tabulation machines, mismatched ballots being counted, illegal addition of voters into poll books, counting of ballots with no voter record, ballots counted without signature or postmark, ballots counted that all contained the same signature, ballots being “corrected” then counted, the counting of provisional ballots, officials changing ballots, harvested ballots being dropped off, counting of deceased voters, etc. Moreover, some election officials pre-dated ballots that were not eligible to be counted by altering the date the ballot was received.
  • Ballots were allowed to be dropped into unattended drop boxes, contrary to Michigan law.
  • Michigan postal workers were issued a directive to collect ballots, separate them, and hand stamp them with the previous day’s date. This directive was given on November 4, 2020, the day after the election. Michigan law requires that votes be received before the close of the polls on election day. This directive was an obvious attempt to circumvent Michigan law and count late votes. It is unclear how many illegal ballots were accepted and counted as a result of this scheme.
  • There have been reports that more than 10,000 people confirmed or suspected dead have returned their mail-in ballots to vote in Michigan.
  • GOP Chairwoman Ronna McDaniel detailed 131 affidavits and 2,800 incident reports documenting fraud and other irregularities in the election in Michigan. She also detailed reports from a whistleblower alleging: “being told by a supervisor to backdate ballots that came in after the legal deadline; witnessing poll workers encouraging voters to vote straight Democrat; and even poll workers going into the booths with voters.”
  • In Antrim County, a software glitch caused at least 6,000 ballots to be counted for Democrats that were actually cast for Republicans. Similar glitches could have affected many other Michigan counties, as it has been reported that 69 of Michigan’s 83 counties use the same software.
  • Wayne County uses the same software as Antrim and “tested only a single one of its vote tabulating machines before the election.”
  • Specifically, in Oakland County, it was initially reported that Adam Kochenderfer lost by a few hundred votes. However, after an error was found and fixed, Kochenderfer was found to have won by over 1,000 votes.
  • A Republican candidate for state legislature initially only received two votes, an error that was later corrected. Of particular note, the program that caused the error is used by at least 33 other Michigan counties.
  • There are also reports of multiple ballots being sent to a single address. Mark Springer, a Michigan resident, received seven mail-in ballot delivered to his mailbox.
  • Over 50 Michigan counties, including Wayne and Washtenaw, had “more registered voters than eligible voting-age citizens. Of particular relevance here, Wayne County registration rate was 107% and Washtenaw County was 113%. This alone raises suspicion of the accuracy and validity of the election.
  • Complainants, represented by the Great Lakes Justice Center, summarized the following issues:
    • Defendants systematically processed and counted ballots from voters whose name failed to appear in either the Qualified Voter File (QVF) or in the supplemental sheets. When a voter’s name could not be found, the election worker assigned the ballot to a random name already in the QVF to a person who had not voted.
    • Defendants instructed election workers to not verify signatures on absentee ballots, to backdate absentee ballots, and to process such ballots regardless of their validity. After election officials announced the last absentee ballots had been received, another batch of unsecured and unsealed ballots, without envelopes, arrived in trays at the TCF Center. There were tens of thousands of these absentee ballots, and apparently every ballot was counted and attributed only to Democratic candidates. Defendants instructed election workers to process ballots that appeared after the election deadline and to falsely report that those ballots had been received prior to November 3, 2020 deadline.
    • Defendants systematically used false information to process ballots, such as using incorrect or false birthdays. Many times, the election workers inserted new names into the QVF after the election and recorded these new voters as having a birthdate of 1/1/1900.
    • On a daily basis leading up to the election, City of Detroit election workers and employees coached voters to vote for Joe Biden and the Democrat party. These workers and employees encouraged voters to do a straight Democrat ballot. These election workers and employees went over to the voting booths with voters in order to watch them vote and coach them for whom to vote.
    • Unsecured ballots arrived at the TCF Center loading garage, not in sealed ballot boxes, without any chain of custody, and without envelopes. Defendant election officials and workers refused to record challenges to their processes and removed challengers from the site if they politely voiced a challenge.
    • After poll challengers started discovering the fraud taking place at the TCF Center, Defendant election officials and workers locked credentialed challengers out of the counting room so they could not observe the process, during which time tens of thousands of ballots were processed.
    • Defendant election officials and workers allowed ballots to be duplicated by hand without allowing poll challengers to check if the duplication was accurate. In fact, election officials and workers repeatedly obstructed poll challengers from observing. Defendants permitted thousands of ballots to be filled out by hand and duplicated on site without oversight from poll challengers.

Finally, the lawsuit calls for action to be taken quickly, in plenty of time before the December 8 election certification deadline.
Following is a timeline of key dates surrounding final certification of elections and vote of the Electoral College, prior to Inauguration Day:

  • December 8: “Safe Harbor” – date by which states must certify results and assign electors. If an election is in dispute, state legislatures may assign electors.
  • December 14: Electors meet in their states to cast votes for the president and Vice President.
  • January 3: New Congress is sworn in; 117th session starts.
  • January 6: Electoral votes are counted in House chamber by members of House and Senate; if neither candidate has 270 electoral college votes, the election is in dispute.
  • January 20: Inauguration Day – new president takes oath of office. In a disputed election, the House will appoint the president and Senate will choose the Vice President.
    # # #

True the Vote (TTV) is an IRS-designated 501(c)3 voters’ rights organization, founded to inspire and equip volunteers for involvement at every stage of our electoral process. TTV empowers organizations and individuals across the nation to actively protect the rights of legitimate voters, regardless of their political party affiliation. For more information, please visit www.truethevote.org.

True the Vote Submits Public Record Requests to Government Agencies to Verify Legal vs. Illegal Ballots; Ensure Only Legal Votes are Counted in Final Vote Tally

11/11/20 Houston, Texas–True the Vote, as part of its “Validate the Vote” initiative, today submitted public record requests with the Michigan Department of State, Michigan Department of Corrections, and Wayne, Washtenaw, and Ingham counties requesting data that will determine potential illegal votes that were cast and counted in the most recent election.

“Despite media outlets having called the elections in Michigan, the fact remains that the ballot counting process was rife with credible complaints of maleficence, mismanagement, and potentially illegal action,” said True the Vote founder and president Catherine Engelbrecht. “True the Vote is an organization committed to election integrity, to ensuring that every single legal vote cast is counted, and that illegal votes are not counted. Given the widespread problems with mail-in ballots and legitimate complaints throughout the ballot-counting process, we believe it is critical to ensure that before the Michigan elections are certified on December 8, all due diligence is carried out to nullify any illegal votes and guarantee that every legal ballot submitted on or before Election Day is counted. Regardless of the outcome or ultimate victor of this process, we have a basic obligation to follow the law and uphold the tenet of our Constitution that guarantees the right to vote to every law-abiding American citizen.”

Under Michigan’s public records law, True the Vote requested documents including:

· Poll books
· Voter registration lists
· Records of mail-in, absentee, provisional, and limited ballots
· Driver license and state ID records
· Information about voters contacted to “cure” rejected ballots
· Citizen complaints pertaining to election integrity

Government bodies are required by law to respond no later than five days after the request, though they may also obtain a 10-day extension.

“Despite reports that Vice President Joe Biden has already ‘won’ the election, there is credible evidence of widespread malfeasance in Michigan and elsewhere that could have led to a substantial number of illegal votes,” said True the Vote legal counsel James Bopp, Jr. of The Bopp Law Firm, PC. “Every vote in the impacted states should be verified to ensure that Americans get the President they actually chose. Regardless of the outcome, the results of the 2020 election should not be decided until known irregularities have been fully addressed. True the Vote’s investigation will shed needed light on active threats to the integrity of our elections.”

Following is a timeline of key dates surrounding this contested election:
· December 8: “Safe Harbor” – date by which states must certify results and assign electors. If an election is in dispute, state legislatures may assign electors.
· December 14: Electors meet in their states to cast votes for the president and Vice President.
· January 3: New Congress is sworn in; 117th session starts.
· January 6: Electoral votes are counted in House chamber by members of House and Senate; if neither candidate has 270 electoral college votes, the election is in dispute.
· January 20: Inauguration Day – new president takes oath of office. In a disputed election, the House will appoint the president and Senate will choose the Vice President.

# # #

True the Vote (TTV) is an IRS-designated 501(c)3 voters’ rights organization, founded to inspire and equip volunteers for involvement at every stage of our electoral process. TTV empowers organizations and individuals across the nation to actively protect the rights of legitimate voters, regardless of their political party affiliation. For more information, please visit www.truethevote.org.

Today, True the Vote asked the U.S. Supreme Court to reaffirm that state legislatures have the constitutional authority and expertise to balance election access and integrity concerns, so their statutes must control federal elections.

True the Vote’s friend-of-the-court brief was filed in Wise v. Circosta, Case No. 20A71. The case involves the deadline for receipt of mail in ballots. Though the legislature recently revised their election law to adjust the law for COVID-19 concerns, the legislature did not extend the deadline, which required mail in ballots to be received by election day. The North Carolina election board, however, illegally ordered election official to count ballots received up to 6 days later.

The Fourth Circuit appellate court en banc upheld the extension of the absentee-ballot-receipt deadline by the North Carolina election board even though they acknowledged that it was illegal under North Carolina election law. An important three-judge dissent said the failure to follow the constitutional mandate that state legislatures control such laws “incentivizes an avalanche of partisan and destabilizing litigation duly enacted by state legislatures.”

True the Vote highlighted that this case presents a unique opportunity to abate the chaotic flood of near-election litigation inundating this Court and our Republic as a result of a well-funded nation-wide litigation effort by Democrats to strike down many of the anti-fraud provisions in current election laws and to sow chaos in voting procedures so that after the election the Democrats can have lawyers and judges determine the outcome of the election, rather than voters. True the Vote asked the Court to provide guidance regarding the flawed constitutional analysis employed by lower courts struggling to deal with current and future near-election changes in election laws by state officials and courts.

True the Vote noted that 411 cases have been filed involving COVID-19 claims in elections and this litigation flood will continue to overwhelm the courts if the Supreme Court doesn’t reaffirm that only legislatures have the authority and expertise to balance election access with election-integrity concerns, such as ballot fraud and a sudden flood of mailed ballots.

True the Vote said the Court should reemphasize the primacy of long-standing legislative enactments and that its tests and guiding principles protect them. And it should make clear that near-election changes in state election laws by state officials or courts, overturning long-standing legislative enactments, should not be allowed. This reemphasis will reassert what the Constitution requires, abate the litigation flood, and restore confidence in elections.

James Bopp, Jr., of The Bopp Law Firm, PC, General Counsel for True the Vote, says: “Without a definitive ruling from the Supreme Court, making clear that under the U.S. Constitution only legislatures have the authority and expertise to prescribe how an election is to be conducted, courts will continue to be inundated and overwhelmed by election lawsuits. The U.S. Supreme Court must take this opportunity to reemphasize the constitutional mandate that only long-standing, legislatively enacted laws govern elections, not last-minute illegal changes by state bureaucrats and state courts. Doing so will stop the flood of lawsuits and restore the confidence of voters in the integrity of our elections.”

The Amicus Brief is available here.

Today, Montana voters, candidates, and a local Republican party (collectively “Voters”), who sued Montana Governor Bullock’s Directive setting aside key provisions of Montana’s election law and, thereby, letting Montana counties to choose “mail ballot” voting the November 3 general election, asked the U.S. Supreme Court to enjoin the mail balloting schemes and to order that mail ballots not be sent out on October 9, when Montana counties plan to send them.

Montana already has no-excuse “absentee ballots,” which any qualified voter can obtain by a simple application. And in-person voting is already being done for early voting in compliance with the safeguards in the Montana Governor’s own COVID-19 Phase 2 reopening order. So there was no COVID-19 emergency to justify the Governor invoking of any emergency powers to suspend Montana state election law and to authorize mail balloting. The Governor is a candidate for U.S. Senate in the November election.

“Mail ballots,” which are sent to all registered voters automatically without application, pose a heightened risk of ballot fraud and lost, tardy or disqualified ballots due to the sudden flood of mail ballots. And while Montana election law allows mail ballot in some local elections, it expressly bans them for federal, general elections as is happening on November 3.

Voters challenged Bullock’s Directive on four grounds. (1) It violates the U.S. Constitution’s requirement that state election laws and procedures be adopted by the legislature, not the governor, (2) It creates a substantial risk that Voters will have their votes diluted by fraudulent votes, violating their right to vote. (3) It creates a substantial risk that Voters voting by absentee ballots will have late or lost ballots, violating their right to vote. (4) It violates the equal-protection rights of voters in counties not participating in the mail-ballot scheme, because voters in mail-ballot counties have enhanced voting power overall, in violation of Bush v. Gore.

Voters also point out to the Court that nearly 350 cases have already been filed, and many more are expected before and after the election, by the Democrat Party, and their liberal allies, claiming that COVID-19 justifies setting aside numerous anti-fraud provisions of state election laws. This litigation flood is likely to overwhelm the courts and the Supreme Court if the Supreme Court doesn’t clearly and immediately reaffirm that only legislatures, not state officials or the courts, have the authority under the Constitution to adopt election laws by balancing election access with election-integrity concerns, such as ballot fraud and a sudden flood of mailed ballots. Voters ask the Court to explain that long-standing state election laws should not be overturned by state officials or state courts on the eve of an election, as Governor Bulluck’s Directive does.

Catherine Engelbrecht, President of True the Vote, which helped bring the lawsuit, says: “The Democrat Party and Democrat state officials, such as Governor and Senate candidate Bullock, are spearheading a nationwide effort to overturn state election laws that prevent fraud and abuse and to design new election procedures that they think favor their election. True the Vote and our allies are on the front lines to fight for election integrity and preserve state election laws.”

James Bopp, Jr., of The Bopp Law Firm, PC, lead counsel for the Voters and General Counsel for True the Vote, says: “Montana already had no-excuse ‘absentee ballots,’ and in-person voting is already being conducted safely under the Governor’s own reopening guidelines. So there was no COVID-19 problem with voting, no need to flood the state with ‘unsolicited ‘mail ballots,’ and no emergency to trigger the Governor’s emergency powers to set aside state laws.”

Bopp continued: “Under the U.S. Constitution, the Legislature, not a Governor, has the authority to prescribe how an election is to be conducted, and the Montana Legislature banned unsolicited mail ballots in general elections, which the Governor has set aside. The Directive opens Montana up to election fraud and the chaos of mail-in voting evidenced already across the country.”

Finally, Bopp said: “The U.S. Supreme Court needs to immediately step in to reaffirm the constitutional mandate that only long-standing, legislatively enacted laws govern elections. Otherwise, we will continue to suffer this chaotic flood of litigation which will deprive Voters of their right to vote by diluting their votes or by them not being count at all.”

The application to the U.S. Supreme Court is available here.

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