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HELP!! Lawyers, Hackers, Sacramento 5th District ELECTION COMPLAINT FORM

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sacxtra Donating Member (202 posts) Send PM | Profile | Ignore Thu Feb-17-05 03:57 PM
Original message
HELP!! Lawyers, Hackers, Sacramento 5th District ELECTION COMPLAINT FORM
Edited on Thu Feb-17-05 04:07 PM by sacxtra
Hello ,

how did this post get munged? damn.

HELP ME PLEASE!! Lawyers, Hackers Sacramento 5th District ELECTION COMPLAINT FORM

NOTE: I WANT TO TURN IT IN ON MARCH 8, 2005

I got an idea this morning.

I am in Sacramento, California, in the 5th District have
optical scanners which connect to an obscured insecure network
which can not be audited at ANY level.

I was thinking on the next election March 8, 2005 (Special Election
in the 5th Congressional District) basically to Replace Robert
Matsui who died recently.

That I should fill out the following form.

URL http://ss.ca.gov/elections/fraud_complaint_form.pdf
Referer http://ss.ca.gov/elections/elections_fraud.htm

The problem I am having is the legal wording on the
FORM URL http://ss.ca.gov/elections/fraud_complaint_form.pdf
First off, it's download name is "fraud_complaint_form.pdf"

Yet when you READ the form the header say's

"ELECTION COMPLAINT FORM"


So is it Fraud, or Election or Both and why isn't the
the filename the same as the form header?

(That's two questions)

Maybe they have another form at the local polling place?
(Third question)


Then on the form I don't see where I should post my complaint.
(Fourth question)

Is it federal or state or both?
(Fifth question)

Is only one form necessary, or one for federal, one for state?
(Sixth question)

If federal, what is a notary public?
(Seventh question)

Will there be a notary public at the polling place when I turn
in this complaint?
(Eighth question)

Does the notary public cost money? How much?
(Ninth question)

Are there any different forms at the polling place to file a
complaint?
(Tenth question)

Can I bring a camera with me and take a picture of the scanner,
the cables, close-up photos and video of the five sides of the
device, any digitized data reels, any spare parts, the wall it
plugs into?
(Eleventh question note: I just want pictures and video
personally. )

Is there anything else I need, or I am overlooking?
(Twelfth question)



Can someone help me proof read and 'suggest' (I am filing MY
COMPLAINT on my own, but I will use parts of that which is
written better, Cut n Paste them please) comments or
corrections help me get the complaint to be readable, literate,
and to the point, and not rejected or leaving any loopholes or
any other crap or bullshit that I might run into. I don't see
anyone else in the 5th district that seems to have any concern,
and since there is a media blackout, and I don't see any similar
complaints, I think that SOMEONE should do something about it.


(MY COMPLAINT)

I am claiming my vote did not get counted. I handed my ballot to
'John Doe' who fed it into a scanner. MY BALLOT went
into a digitized format. (After March 8, 2005 this crime will
have happened to me and everyone else in my district (at least)
two times. These are all I am aware of currently. There maybe
more times, depending on what technology and networks were used.)

The original paper ballots will NEVER be counted manually.

Nobody asked for a recount. Nobody suspects a thing, and the
electronically digitized representation of the count was what
actually got counted.

And where an even worse crime is being committed is the fact
that when these electronic networks and machines were put into
use, there never was even a test to compare the paper ballots to
the electronic results and analyze and compare the results for
all discrepancies. If it did not equal 100% then the system is
flawed, insecure, broken, owned, corrupt. You have ignored this
issue for too long already, and because of ignoring, you have
now breached all of America's citizens the right to vote.
Digitized data has non existent security, and unverifiable
accuracy. You have left an insecure system in place permanently
for the future.

Continuing on, The digitized representation of my BALLOT went
onto 'some type' of operating environment or operating system,
reels, memory chips, wires, circuits, components, lines, or
insecure networks. Essentially invisible, and in a format that
can not be audited.

which (in this case the OS was closed source, and the reels
could be swapped, wiped, it really doesn't matter if it was
hardware, software, firmware, removable media, a DVD, and
even if the OS was open source it would make NO DIFFERENCE
because of the properties of digitized data.

My BALLOT has been digitized and is traveling in an
invisible, secret, obscured, potentially hostile, unprotected,
potentially hackable, potentially crackable, easily
manipulatable format, with no possible way physically,
scientific, electronic, or any other method that ANYONE
(including HAVA@ss.ca.gov itself) in the United States of
America or ANY of it's districts, or territories can provide to
audit the integrity of this data in this format and in this
environment. My vote has simply disappeared.

This is because digitized data is electronic data, and
electricity itself is invisible to the human spectrum of vision
by it's speed 3e8 and other 'currently unknown properties of the
physics of electricity itself.' What I do know is that this data
is now stored in some type of binary form.

(note: Einstein and every other scientist, has had their own
theory of some of these 'currently unknown properties' are. I
too have a theory which may very well give an additional
insight. However even when the worlds best minds are telling us
that electronically voting is bad, and I (already once before in
a message to HAVA@ss.ca.gov )


Tony Miller
Secretary of State's Office
Executive-Special Projects
1500 11th Street, Sixth Floor
Sacramento, CA 95814
Telephone: 916-653-0296
Cellular: 916-214-3453
tmiller@ss.ca.gov

ALL of which was totally ignored save for one comment by Tony.

Quote
"Based on many of the concerns you identified, the Secretary of State
led the fight to require that, by law, all electronic voting machines
certified for use in California on or after January 1, 2005, must have
an accessible voter-verifiable paper audit trail."
Unquote


And now I am telling you again the same basic story, perhaps
with more knowledge this time and yet still it's ignored.

( this tells me four basic things.)

This situation in itself, is intolerable. A catastrophic
failure.

There should be emergency action an investigation.

Whoever introduced and allowed these networks, and electronics,
and data

a.) Is corrupt
b.) Has no concept of electronics or networks or digitized data.

There should be a LIST of people responsible charged with
domestic terrorism, trying to attack and take over the country,
election fraud, and many many other things TOO much to list.. I
am not a lawyer, I am ONE CITIZEN who is filling a complaint
form, and if you choose to ignore, and or refuse to take
necessary immediate emergency action you who read this are
guilty of either a. or b. above.

The will of the people was not recognized. At all.

Any current legislation that suggests putting a printer on the
existing system is equal to typing an email while simultaneously
being used for a DDoS attack from some script kiddy on an IRC
server. It is fatally flawed.



The necessary action is to Ban and remove ALL electronic networks.
(Anything less is intolerable)

All used to transfer digital representation, e.g. packets,
streams, tape reels, or any other digitized representation of
BALLOT must be banned.

Not only in Sacramento, California 5th district,
but nationally across every other state and local polling place,
precinct, or where central tabulators are located. If it uses
digital data it's insecure.

If you need to use printers, then use them to help the Disabled
create a PAPER BALLOT which is physically EXACT and counted
EXACTLY like every other paper ballot. Then count the paper
manually within the public's view.

If this is not done, then the same felonies, fraud, non
audit able, manipulatable digitized data, insecure networks will
occur over and over again and again allowing our country itself
to be illegally manipulated. I am not a lawyer, so I don't
explain this well. I am basically warning, cautioning, of the
danger that in the future there will be more crimes. I am sure
elected officials swore an oath "to protect this country and the
constitution from all enemies foreign and domestic."

I am talking DOMESTIC


Ban ALL digitally formatted data which represents a BALLOT.

Use Paper Ballots and Improve Security on the Use of Paper.

This needs to happen IMMEDIATELY. You need to treat this as a
NATIONAL EMERGENCY. Anyone who is reading this and not taking
the suggested action is guilty of a. or b. above.

If you have no understanding of electronics or networks, (I have
educated you in this very complaint.) and you rolled them out in
your district, then you need to reverse the damage you have
caused, now that you are being told, if you don't take action
then voters (And there are a LOT more like me) can only assume
you are guilty of a. above.

Not only this but continuing on with my complaint,

Eventually the questionable non audit able, and unknown integrity
of this 'digitized format' which is supposed to represent MY
BALLOT

IS output, transferred, or transmitted, or carried out by
take-up reel method or ANY other method that used Binary 0's and
1's electronically represented as some type of voltage, current,
or signal and thereby introducing more potential hacks, cracks and
manipulatable malicious points to gain access into this already
insecure digital representation of MY BALLOT.

The Central Tabulator (Wherever it is located) also receives
Digitized data, this is another place where the data can be
changed without leaving a footprint.

The Telephone Cables, Switches, PBX's, point's in between DMZ
and equipment, through telcos and everywhere else are yet
another point of politically malicious entry. Even if someone
checked the phone records that data can be manipulated also.
Even if dialup numbers were obscured, these numbers can be found
on simple war-dialing software like tone-loc or similar scripts
or hardware emulation. Even if the emission protocol was
obscured, insiders and outsiders could still get to it, could
still manipulate it, it doesn't matter what format it was in if
it was in binary.


Enough time and taxpayer money has been wasted on this problem
which was created by either corruption, or uneducated poor
leadership.

Voting electronically using any form of digitized data across
insecure networks in the United States is not a publicly
visible, proper, correct, or honest use for electronics or
networks, or digital data. Nor is it okay for Sacramento's 5th
District. Nor is it okay anywhere in the United States of
America, it's Territories, it's Districts, or anywhere else that
"we the people" vote.


I have by no means been able to cover the entire extent of all
the flaws with the current voting system. I submit this
complaint as patriotic duty and at fear of both myself and my
family's lively hood as it seems a little coincidental that
accidents and legal problems keep happening to anyone who keeps
trying to bring this complaint into the open. Also the
mainstream media refuses to cover this specific issue about
electronics, electronic data, digitized data, and the networks
and methods that data travels on.

I also suggest to EVERYONE who reads this to actively apply it to
their own local polling place and to analyze their own
electronic technology being used for equivalent malware and
improper use of electronics or networks, or digital data in
combination with our voting elections.

There are millions of problems of digitized data by
looking at websites that have been defaced, databases that have
had information stolen, DDoS attacks, War-dialing, local
security breech's, spyware, malware, virus's trojans, and
typical firewall logs. There's millions of attacks continously
every day, why would you think that storing, or transmitting, or
using digitized data representing a voter's ballot would be any
different?


I claim this has happened in 2004, and WILL AGAIN in 2005 on
March 8th. You can't prove my vote counted TODAY on March 8,
2005, Nor can you prove it was counted in 2004.

Or ever again unless you remove all of the electronic, digital,
magnetic, and associated networking and count the actual piece
of paper.

And furthermore, for as long as this system was in place,
everywhere it was in place, you can't prove the votes counted,

And you've denied Americans everywhere the right to vote.

By denying the people the right to vote and make decisions,
you've allowed outside forces to dictate the will of the people
every time the people made a decision on one of these malware
systems.

You can't accurately count those votes in that digitally
available format which was actually used. Digitized data can be
altered, deleted, swapped out in the case of memory cards, or
reels, or magnetic media, or in any digital state modifiable
with no recourse to find what really happened.

Discrete, and Analog Electronic parts burn out also. Sometimes
they burn out after a certain amount of time, sometimes they
burn out and continue to appear to be working.

Either Americans are allowed the right to vote, and have that
vote actually be counted in public view openly, or . . . they
should start teaching in school that we do not have a
constitution, or a right to vote, and now we have a two tiered government
and that we the people don't matter, and only the corporate
dollar bottom line matters, all because in YEAR/DATE these
machines were introduced.. I am beginning to believe that year
and date was 1964.

You do not have to be a rocket scientist to understand what kind
of government this is. You also do not need to be a scholar to
understand American's past history in dealing with this type of
government.

Current events that could have been modified because of voting malware:

Electing Presidents, Senators, Congress, Measures, and Misc. Etc.

Big events that may have been manipulated because of elected
officials in power because of voting malware:

The Patriot Act & II
War in IRAQ.
Geneva Convention
Homeland Security
Court Appointments

Ask yourself, Am I (an honorably discharged veteran) your enemy?

It's because I swore that oath that I send this complaint.



Okay folks help me out....
I feel nauseated when I work on this now.



2. SUBJECT OF YOUR COMPLAINT
Your complaint may be a state or federal law violation. Common complaints are listed below. Please
check off the subject of your complaint and explain in detail in Section 3 on the next page.

STATE LAW VIOLATIONS
I was not allowed to vote in secret.
I did not receive a sample ballot.
I was not allowed to turn in my absentee ballot.
I observed the casting of a fraudulent vote.
I was not allowed to ask questions or ask for assistance.
My polling place was not open (either on time or at all).
I was not allowed to vote, even though I was standing in line before the polls closed.
Pollworkers inappropriately asked me for identification in order to vote.
I was not able to vote because I wasn’t given assistance to accommodate my disability.
I observed pollworkers acting or saying something discriminatory.
I was not able to vote because I wasn’t given assistance in my own language.
I observed inappropriate electioneering or campaigning too close to the polls.
I was not provided election materials in my own language.
I was not allowed to re-vote after I made a mistake.
My voter registration information was altered.
Officials neglected to perform their duties.
Other state law violation: _____________________________________________________________

FEDERAL LAW VIOLATIONS The Help America Vote Act (PL.107-252) allows individuals to file a complaint if a violation has
occurred, is occurring, or is about to occur.]

I was not allowed to vote using a provisional ballot.
Provisions regarding verification of new voter registration were not followed.
Required voting information was not publicly posted in a polling place on Election Day.
I was not able to determine whether my provisional ballot was counted.
Other federal law violation: _________________________________________________________
CONTINUED ON REVERSE

3. DETAILS OF THE COMPLAINT
Explain the details of your complaint. Include names (such as names of any witnesses), addresses
(including the address of the polling place), dates, and any other information to fully describe what
happened. If you need additional space, please attach a separate sheet:





--
Best regards,
phil mailto:phil@osbtown.com
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Amaryllis Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Feb-17-05 04:17 PM
Response to Original message
1. kick
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Helga Scow Stern Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Feb-17-05 04:17 PM
Response to Original message
2. Phil, this is great! Please post it in the Elections Forum.
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Peace Patriot Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Feb-17-05 05:22 PM
Response to Original message
3. Land Shark doing a lawsuit...
You need to hook up with Land Shark. He's doing a lawsuit in Washington on e-voting:

http://www.democraticunderground.com/discuss/duboard.php?az=show_mesg&forum=203&topic_id=325543&mesg_id=325543

I think you need a lawyer.

On pages 1-3 of current Election Forum, I saw some interesting posts--one about voting activist testimony on e-voting in New York. Might have some good info in it. I'll go hunt these down for you.

Meanwhile, here's a good rant (on same theme)(but not terribly helpful legally--just stoke you up further, as if you needed motivating!):

http://www.democraticunderground.com/discuss/duboard.php?az=view_all&address=203x328198

Oh, and if you can get to Oakland on Feb. 26, there will be an Election Rigging TEACH IN, with great people present. Maybe you'll find a CA lawyer there to help you pursue this. Go to

http://www.democraticunderground.com/discuss/duboard.php?az=view_all&address=203x327393
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Peace Patriot Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Feb-17-05 05:35 PM
Response to Reply #3
4. Here's another excellent Land Shark thread...
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Peace Patriot Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Feb-17-05 05:54 PM
Response to Reply #4
5. More Land Shark...
http://www.democraticunderground.com/discuss/duboard.php?az=view_all&address=203x325742

I can't seem to find the New York activist testimony on e-voting. It's here somewhere.

But my main point is that you need to prepare a lawsuit. If you just do a protest, it will melt like butter in the bureaucracy's mouth, and just get you all angry. The protest must be backed at least by the threat of a lawsuit. OF COURSE you should file it, even if you can't do a lawsuit. I'm just saying what could be most effective. And, generally, in dealing with gov't, the first step toward a lawsuit is what you're doing--"exhausting your administrative remedy." Then, when they don't remedy the situation at all, and after all whatever B.S. processes they put you through, are gone through, then you sue.

But it's important to cross your t's and dot your i's in the administrative BS part--that's why a lawyer's advice would be useful. And then you can decide, do you want to sue? Can you? What's the lawyer's advice? Do you need to raise money, etc.?

With a lawyer involved, they will be less likely to knock out your protest at an early stage. You might even get a hearing or hearings. POSSIBLY, in the meantime, the legislature or someone will remedy the situation (get rid of secret, proprietary source code).

Public interest lawsuits have many purposes--one of them is to get the damned political system to respond. Another: public education. Another: exercise of your rights. Another: to create a class action lawsuit (sue on everybody's behalf)--a big deal, but long-ish process. Trying to get the courts to solve the problem is only one of the purposes.

I know something about it, but not on this issue.
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