Posted on | September 4, 2012 | 7 Comments
Law offices of Orly Taitz
Attorney Orly Taitz is making public a part of the legal action that is being filed shortly. It is being released, as the numbers of identified invalid registrations are staggering and will greatly influence the national elections
Fourth Cause Of Action
violations of Hava, nvra and california elections code
injunctive relief sought: decertification of election results for the us senate due to thousands of invalid votes cast in violation of HAVA, NVRA
Plaintiff includes, by reference, all prior paragraphs as if fully pled herein
(Against defendant Secretary of State of CA Bowen and Registrar of Los Angeles County )
41. Plaintiffs allege that the States violated the requirements of Section 303(a) of HAVA, section 8 of NVRA as well as sections 2150, 16100, 16101, 18203 and 18500 of the California Elections Code.
CA elections code 2150 states
(a)The affidavit of registration shall show:
(1)The facts necessary to establish the affiant as an elector.
(2)The affiant’s name at length, including his or her given name, and a middle name or initial, or if the initial of the given name is customarily used, then the initial and middle name. The affiant’s given name may be preceded, at affiant’s option, by the designation of Miss, Ms., Mrs., or Mr. A person shall not be denied the right to register because of his or her failure to mark a prefix to the given name and shall be so advised on the voter registration card. This subdivision shall not be construed as requiring the printing of prefixes on an affidavit of registration.
(3)The affiant’s place of residence, residence telephone number, if furnished, and e-mail address, if furnished. No person shall be denied the right to register because of his or her failure to furnish a telephone number or e-mail address, and shall be so advised on the voter registration card.
(4)The affiant’s mailing address, if different from the place of residence.
(5)The affiant’s date of birth to establish that he or she will be at least 18 years of age on or before the date of the next election.
(6)The state or country of the affiant’s birth.
(7)(A)In the case of an applicant who has been issued a current and valid driver’s license, the applicant’s driver’s license number.
(B)In the case of any other applicant, other than an applicant to whom subparagraph (C) applies, the last four digits of the applicant’s social security number.
(C)If an applicant for voter registration has not been issued a current and valid driver’s license or a social security number, the state shall assign the applicant a number that will serve to identify the applicant for voter registration purposes. To the extent that the state has a computerized list in effect under this subdivision and the list assigns unique identifying numbers to registrants, the number assigned under this subparagraph shall be the unique identifying number assigned under the list.
(8)The affiant’s political party affiliation.
(9)That the affiant is currently not imprisoned or on parole for the conviction of a felony.
(10)A prior registration portion indicating whether the affiant has been registered at another address, under another name, or as intending to affiliate with another party. If the affiant has been so registered, he or she shall give an additional statement giving that address, name, or party.
(b)The affiant shall certify the content of the affidavit as to its truth and correctness, under penalty of perjury, with the signature of his or her name and the date of signing. If the affiant is unable to write he or she shall sign with a mark or cross.
(c)The affidavit of registration shall also contain a space that would enable the affiant to state his or her ethnicity or race, or both. An affiant may not be denied the ability to register because he or she declines to state his or her ethnicity or race.
(d)If any person, including a deputy registrar, assists the affiant in completing the affidavit, that person shall sign and date the affidavit below the signature of the affiant.
(e)The affidavit of registration shall also contain a space to permit the affiant to apply for permanent vote by mail status.
(f)The Secretary of State may continue to supply existing affidavits of registration to county elections officials prior to printing new or revised forms that reflect the changes made to this section by the act that added this subdivision.
- On October 29, 2002, HAVA was signed into law by the President. 42 U.S.C. §§ 15301-15545. Title III of HAVA (Sections 301 to 303) includes certain “uniform and nondiscriminatory election technology and administration requirements” which apply in elections for Federal office. 42 U.S.C. §§ 15481-15483.
Section 303(a) of HAVA, entitled “Computerized Statewide Voter Registration List Requirements,” requires that “each State, acting through the chief State election official, shall implement, in a uniform and nondiscriminatory manner, a single, uniform, official, centralized, interactive computerized statewide voter registration list defined, maintained, and administered at the State level.” Section 303(a) applies to all States that require voter registration for elections for Federal office. 42 U.S.C. §§ 15483(a).
- Among the requirements of Section 303(a) of HAVA for the statewide voter registration list are the following:
(a) The list shall serve as the single system for storing and managing the official list of registered voters throughout the State, 42 U.S.C. § 15483(a)(1)(A)(i);
(b) The list must contain the name and registration information of, and must assign a unique identifier to, each legally registered voter in the State, 42 U.S.C. §§15483(a)(1)(A)(ii)-(iii);
(c) The list must be coordinated with other agency databases within the State, 42 U.S.C. §15483(a)(1)(A)(iv);
(d) Any election official in the State, including any local election official, must be able to obtain immediate electronic access to the information contained in the list, and all voter registration information obtained by any local election official must be electronically entered into the computerized list on an expedited basis at the time the information is provided to the local official 42 U.S.C. §§ 15483(a)(1)(A)(v)-(vi);
(e) The State must provide the necessary support so that local election officials are able to enter voter registration information on an expedited basis, 42 U.S.C. §15483(a)(1)(A)(vii);
(f) The list must serve as the official voter registration list for the conduct of all elections for Federal office in the State, 42 U.S.C. § 15483(a)(1)(A)(viii);
(g) Election officials shall perform list maintenance with respect to the computerized list on a regular basis, 42 U.S.C. §§ 15483(a)(2) and 15483(a)(4);
(h) The State must coordinate the list with State agency records on felony status (where required by State law) and death, 42 U.S.C. § 15483(a)(2)(A)(ii);
(i) The State must ensure that the name of each registered voter appears on the list, only voters who are not registered or not eligible are removed from the list, duplicate names are eliminated from the list, and eligible voters are not removed from the list in error, 42 U.S.C. §§ 15483(a)(2)(B) and 15483(a)(4);
(j) The list must provide that no application for voter registration shall be accepted or processed unless it includes a driver’s license number (for applicants who have such number) or the last four digits of the social security number (for applicants who do not have a driver’s license number). For persons who do not have either of these numbers, the State must assign a unique identifier. This requires the State to change its voter registration forms to require applicants who have such numbers to provide them, 42 U.S.C. § 15483(a)(5)(A);
(k) The State must enter into agreements to match information from the list against the State motor vehicle authority database, and the federal social security number database, 42 U.S.C. § 15483(a)(5)(B).
HAVA’S SECTION 303(b) PROVISIONS
Section 303(b)(3)(B) of HAVA, 42 U.S.C. § 15483(b)(3)(B), effective January 1, 2004, and applicable to persons who register to vote for the first time by mail after January 1, 2003, requires States to attempt to match driver license number or social security number information provided by such applicants against existing records, as a means of satisfying HAVA’s identification requirements.
- Section 303(b)(4)(A) of HAVA, 42 U.S.C. § 15483(b)(4)(A), effective January 1, 2004, requires the inclusion of specific information on mail voter registration forms, including a specific question regarding whether an applicant will be 18 years of age before election day, a checkbox to answer such question, instructions not to complete the form if the answer to the question is no, as well as specific instructions on the form for first time registrants by mail on new HAVA-required identification requirements.
42. Plaintiff Taitz as a candidate for the U.S. Senate obtained from the Secretary of State of California an official DVD of the total number of registered voters in California. She forwarded this DVD to a number of analysts for analysis and verification of validity of voter registrations. Secretary of State did not provide all the information. For example, important parameters, such as Drivers License numbers and the last four digits of the Social Security numbers were not provided, however even with limited data hundreds of thousands of flagrantly invalid voter registrations were found by computer engineers and relational data analysts, who analysed the data of over 17 million voters.
David Yun, DeVry computer science graduate with over 10 years of experience as an analyst, examined the data and found that based on one parameter alone, 2150 (6) California Elections Coode “State or country of Birth” there were 756,213 of illegal votes and illegal voter registrations, which did not contain required information. (Exhibit 18 Affidavit of David Yun). According to California Elections code 2150 “Country of Origin” is a required field that has to be filled out in order for the submitted voter registration to be accepted by the Registrar as valid.
Additionally employees of the Registrar of Lois Angeles County admitted to falsification of voter registrations, where they themselves marked that applicant was born in the U.S. when such information was missing. Considering that Los Angeles county is the most populated county in the nation with 9,889,056 people numbers of individuals with such falsified information can be in hundreds of thousands. Without updating the database and immediately sending to voters proper voter registration forms with “2150(6) State or Country of Birth” area to be properly filled out, it is impossible to know how many hundreds of thousands of voter registrations are there with “State or Country of Birth” being falsified by the registrars and filled out by the registrars themselves. (Exhibit 29 e-mail received from Public records of the Los Angeles Registrar email@example.com) According to the Public Records Department of the Los Angeles Registrar, data entry operator is instructed to enter “U.S.” when the country of origin is missing. Moreover, posting “U.S.” is not sufficient, as Elections Code 2150 clearly states that the registration should contain “2150 (6) State or country of birth”. This means that if a person is born in the United States, it is not sufficient to enter U.S., elector has to enter the name of the state where he was born. Only if he was born outside the U.S., he can enter the country of birth only. All of the voter registrations that do not have either the name of the state within the U.S. or foreign country where the individual was born have to be removed from the voter roll as invalid.
Similarly employees of the Orange County registrar and other Registrars admitted that when voter registrations were missing the birth date, year 1900 was marked as a birth year, which is a clear falsification of the voter registration. (Exhibit 28, 29) Not only there has to be an injunction and the court order to update the databases and send to all the registered voters request to update their information, but there has to be a criminal investigation and prosecution of Registrars and other election officials who engaged in falsification of records.
Currently Obama administration issued an executive order (DREAM act) which would allow illegal immigrants under 31 to stay in the U.S. and obtain work permits. California legislature responded by rulling that such illegal immigrants will be allowed to obtain California drivers licenses. When one obtains a drivers license, he is given a voter registration as well under the Motor-Voter act. Upon receiving a voter registration a person can register to vote on line without anyone checking a thing, without anyone checking a drivers license, four last digits of a Social Security number or citizenship status.
According to the Department of Homeland Security, office of Immigration statistics, in 2009 there were 2.6 million illegal aliens in California, (25% of all illegal aliens in the U.S. ) majority of them reside in Los Angeles County. (Exhibit 30) According to the department of Homeland Security there in 2008 there were 31 million non citizens residing in the U.S(19.6 legal residents and 11.5 illegal immigrants). There is no official estimate for 2012, but it is clearly higher than 31 million that we had in 2008.
While the official DHS numbers put the number of illegal aliens to be only 12 million, most surveys put this number around 30-36 million. According to retired Senior Deportation officer of Homeland Security John Sampson, immigration community estimates the total number of people, who came to the U.S. illegally and ones who overstayed their visas to be 42 million.
California population is estimated at 39 million, which is 12.5% of the total 311 million of the US population.
Considering the fact that California is a Southern border state with one of the most liberal establishments in the nation, with sanctuary cities, percentage of illegal and legal immigrants in CA is expected to greatly exceed the proportionate share of 12,5% that California comprises in the total U.S. population.
Department of Homeland Security own survey of 2008 estimates that 25% or a quarter of all illegal aliens reside in California.
So, if one were to use the most conservative estimates of DHS from 2008, there are 7.75 million non citizens, people who are not allowed to vote, reside in California.
When you take into consideration the real numbers and not whitewashed, rafinated official numbers, we have as many as 10.5 million illegal aliens in California (25% of 42 million) and approximately 5 million legal aliens (25% of around 20 million legal aliens). This means that between 7.75 million to 15.5 million individuals, who are not allowed to vote reside in the state of California. These people can easily register on line, write anything and Registrars will be simply accept those registrations and nothing is being checked.
In over 25 years that Plaintiff Taitz resided in the state of California she does not recall the Secretary of State ever sending any forms to update the voter rolls.
These numbers are staggering, not only because of California 55 electoral votes, but also because the pipeline of drivers licenses given in California to millions of illegal aliens can be used to register on line to vote in smaller election battleground states.