Notice Of Tort Claim to Douglas County, Nebraska, the haven county of ES&S, and to the Douglas County Election Commission
delivered Monday December 18, 2023
The Tort in summary - My standing to serve this notice is that electors’ votes, including mine, are threatened in violation of 18 U.S. Code § 594 by perpetual ES&S cavalier and reckless possession of election results, continually proven in many elections and locales to deviate not only from true race results but also from true race outcomes IN TARGETED RACES. ES&S is the largest company of their kind in the U.S., and counting integers is child’s play. No one can deny that honest implementation of their technology is capable of counting untold millions of ballot selections without even a single error.
— Abundant evidence has been accumulating for years indicating that ES&S chooses certain election races illegally to intervene in and misreport true race results.
— ES&S machines continue to be caught corrupting election races as reported by reputable local news organizations in the locales of those races.
— ES&S resists voters’ wills by not responding cooperatively to subpoenas, and more importantly, being required to testify under oath as to the reasons for their failures.
— Per an anonymous informant, a volunteer election worker in Lancaster County and prior county political party chairperson, precisely those races that appear suspicious become ineligible to be selected for state-ordered "random" audits, which, if true, makes such audits worthless.
— ES&S was proven in January 2020 to the federal U.S. Election Assistance Commission earlier to have sold thousands of DS200s with modems without the customers’ consent in violation of implied duty fitness for purpose.
— ES&S is committing election terrorism merely by continuing their industry standard-failing cavalier performance in elections ad nauseam.
— ES&S election equipment is used in Douglas County without electors’ informed consent, including being informed of ES&S’s failures attaining industry standards of accuracy. Electors are not given the choice to keep their votes secret from ES&S.
A valid question is WHY DO YOU FAIL IN YOUR DUE DILIGENCE NOT TO REQUIRE ES&S TO SELF-REPORT THEIR UNCONSCIONABLE FAILURES like state licensees of many professions are required to self-report?
Secrecy of the electors' vote is guaranteed in the Nebraska State Constitution. (Article VI section 6, printed in part below). I do not waive my right to my vote's secrecy, nor does any other voter without their explicit and informed consent.
I therefore demand that, during transport to supervised hand-to-eye counting and tallying of them, my and every other voter's cast ballots from now on be kept secret from ES&S, Edison Research, and all other entities who are software or electronically capable of being the sole arbiters of my ballot selections without me having an ability to appeal nor validate race outcomes. I’m including other voters because you yourself would also want your vote kept secret from anyone who is empowered to steal it covertly with impunity if they didn’t agree with that vote, so it stands to reason everyone wants to exercise their right to secrecy unless they waive that right.
I therefore also demand that from now on, races that are selected for audit be selected based on the highest probability of them getting targeted by one or both political parties to cheat in, but I demand this point to be made moot by disallowing “hand in the cookie jar“ ES&S to violate the secrecy of votes prior to them being properly hand-to-eye counted.
Real-time uploading of incoming votes to or by ES&S, Dominion, Hart InterCivic, etc. prior to monitored counting empowers private companies who have no oversight to enforce their vote counting honesty, to have more secrecy over your vote than they allow you to have. Keeping our votes secret from ES&S and all others you don’t trust is a right that we lose if we don’t use it…secret at least until a hand-to-eye count is done.
I’m very aware that some people think the word “secrecy” actually means “anonymity”. I am defending its strict meaning instead of mere anonymity in the spirit of Nebraska Revised Statute 32-102 “The Election Act shall apply to all elections held in the state unless otherwise specifically provided. The act shall be liberally construed so that the will of the registered voters is not defeated by an informality or a failure to comply with the act with respect to the giving of any notice or the conducting of any election or the certifying of the results of the election.” (thank you, Robert Borer)
In the end, ES&S, Dominion and Hart InterCivic aren't the real issue.
They are secondary to the real issue.
The real issue is SECRET VOTE-COUNTING, whether by secret software OR BY secret hand count, wherein, in either case, election results can be manipulated because We the People to whom election results belong aren't allowed to verify the results.
Government is chosen by consent of We the People.
Secret vote-counts by government, whether by secret software or by secret hand (direct hand or proxy hand), constitute a huge conflict of interest and temptation that carries too big of a risk and too big of a price to be allowed to exist.
Election results determine who gets power and money.
Subverted elections place that power and money in the wrong, self-serving, special-interest-serving hands where basic rights are violated.
We the People determined long ago that these rights shall not be denied by the state or any subdivision thereof. (NE Const Article I-1)
Elections are about We the People choosing a servant government that is tasked, above all else, with protecting our God-given, inherent and inalienable rights against all enemies of those rights, foreign and domestic.
We the People are by nature free and independent.
Only a corrupt government pursues secret vote counts.
There's no reason for secret vote counts other than to manipulate the results.
Secret vote counts need to be taken away from that corrupt government.
Manipulated election results by government servants constitute treason.
It is the overthrowing of the true sovereigns of our Constitutional Republic—We the People.
The simple failure by government to exercise due diligence and secure open, honest, transparent and verifiable results for We the People from private secret vote-counters also constitutes treason, by proxy.
Again, there is only one reason for secret vote counts—election results are being manipulated. There is NO OTHER REASON for secret vote-counts.
The people ULTIMATELY RESPONSIBLE for this treason are wayward government officials who have violated their oath and empowered the secrecy of these private companies.
This would include legislators, those in government who influenced these legislators to legalize use of these private companies, and those in government who stood down and said nothing.
If you are not overtly on the side of right, you are, by default, on the side of wrong.
The time to wake up is now, or be damned. Time is running out.
Bob, I'm not really sure if you're trying to get me to change my plans or what.
I'm observant enough to see that the conventional is not working. The conventional approaches exclude some unconventional approaches that might or might not accomplish more than conventional ones have done so far. In my thinking, the mere possibility of them being able to accomplish something is justification enough to consider doing them. The reactions of other people to being unconventional for the cause strike me as coming from either fear or ignorance, neither of which I have respect for.
I'm adding "during transport to supervised hand-to-eye counting" to clarify the reason for secrecy...so no one can be tempted to steal the votes they disagree with.
ES&S and/or their allies calculates how many offsetting votes they need based on how many votes, including mine, they need to overcome. That's a good reason for everyone's selections to be kept secret from them.
The way I see, ES&S+ calculates how many votes they need to swing or insert to barely win races they have a stake in. That means they keep track of the running tallies every way they can, mail-in, early, and otherwise.
Brother Kenneth,
In the end, ES&S, Dominion and Hart InterCivic aren't the real issue.
They are secondary to the real issue.
The real issue is SECRET VOTE-COUNTING, whether by secret software OR BY secret hand count, wherein, in either case, election results can be manipulated because We the People to whom election results belong aren't allowed to verify the results.
Government is chosen by consent of We the People.
Secret vote-counts by government, whether by secret software or by secret hand (direct hand or proxy hand), constitute a huge conflict of interest and temptation that carries too big of a risk and too big of a price to be allowed to exist.
Election results determine who gets power and money.
Subverted elections place that power and money in the wrong, self-serving, special-interest-serving hands where basic rights are violated.
We the People determined long ago that these rights shall not be denied by the state or any subdivision thereof. (NE Const Article I-1)
Elections are about We the People choosing a servant government that is tasked, above all else, with protecting our God-given, inherent and inalienable rights against all enemies of those rights, foreign and domestic.
We the People are by nature free and independent.
Only a corrupt government pursues secret vote counts.
There's no reason for secret vote counts other than to manipulate the results.
Secret vote counts need to be taken away from that corrupt government.
Manipulated election results by government servants constitute treason.
It is the overthrowing of the true sovereigns of our Constitutional Republic—We the People.
The simple failure by government to exercise due diligence and secure open, honest, transparent and verifiable results for We the People from private secret vote-counters also constitutes treason, by proxy.
Again, there is only one reason for secret vote counts—election results are being manipulated. There is NO OTHER REASON for secret vote-counts.
The people ULTIMATELY RESPONSIBLE for this treason are wayward government officials who have violated their oath and empowered the secrecy of these private companies.
This would include legislators, those in government who influenced these legislators to legalize use of these private companies, and those in government who stood down and said nothing.
If you are not overtly on the side of right, you are, by default, on the side of wrong.
The time to wake up is now, or be damned. Time is running out.
Bob, I'm not really sure if you're trying to get me to change my plans or what.
I'm observant enough to see that the conventional is not working. The conventional approaches exclude some unconventional approaches that might or might not accomplish more than conventional ones have done so far. In my thinking, the mere possibility of them being able to accomplish something is justification enough to consider doing them. The reactions of other people to being unconventional for the cause strike me as coming from either fear or ignorance, neither of which I have respect for.
I'm serious when I say you inspired me.
I'm just sharing my thoughts. I have no problem whatsoever with you doing as you see fit. I think your heart is in the right place.
Thanks, Bob! Now action!
I'm not one to keep beating forever on the dead horses of ignorable 3-5 minute public comments and emails. This notice can't be ignored.
"I do not waive my right to my vote's secrecy, nor does any other voter without their explicit and informed consent. "
Does ES&S know which ballot is yours? Does anyone else know?
Is not your ballot then, and the votes there on, secret?
I'm just trying to help you with your argument.
I'm adding "during transport to supervised hand-to-eye counting" to clarify the reason for secrecy...so no one can be tempted to steal the votes they disagree with.
ES&S and/or their allies calculates how many offsetting votes they need based on how many votes, including mine, they need to overcome. That's a good reason for everyone's selections to be kept secret from them.
As far as I know, that is the case with in-person voting.
However, that is NOT the case with mail-in voting.
Are you saying that ES&S doesn't know the results of mail-in voting?
No. I'm assuming that anyone who wants the secrecy of their ballot secured isn't voting that way.
The way I see, ES&S+ calculates how many votes they need to swing or insert to barely win races they have a stake in. That means they keep track of the running tallies every way they can, mail-in, early, and otherwise.
They don't have to make it that hard. With fraction magic software, they can just weight votes.