CLASS ACTION COMPLAINT
4 September 1998
The Nevada Law was Broken 4,563 (admitted and acknowledged). Could this have changed the outcomes of several local races? You bet! See A Solution Below.
Frankie Sue Del Papa
State of Nevada
Carson City, Nevada
Subject: Duty of Nevada Secretary of State to Obey the Law
Dear Attorney General:
NRS 293.565 (3) states:
"At least 10 days before any election, the county clerk shall cause to
be mailed to each registered voter in the county a sample ballot for
his precinct with a notice informing the voter of the location of his
polling place." Etcetera.
Washoe County's primary election of September 1, 1998, was
NOT held in a fully-legal manner. Results of said election must
not be treated as legally binding.
We, the undersigned citizens of Washoe County, Nevada, hereby protest
the failure of the Nevada Secretary of State's office to fulfill its obligation
per the above statute in the primary election of September 1, 1998.
Sample ballots were not mailed at least 10 days before September 1, 1998,
to between 4,000 and 6,000 registered voters in Washoe County. Some affected
voters had still not received theirsample ballots in the mail as of yesterday,
September 3, 1998.
Democracy demands integrity in the voting process. Democracy does not
exist without integrity in the voting process. We, the undersigned,
demand that the election of September 1, 1998, be declared null and
void. We further demand that said election be held again in a proper and
legal manner. No voter or group of voters should be disenfranchised by
intent and/or incompetence on the part of any government official(s).
The Nevada Law was Broken 4, 563 (admitted and acknowledged). Could this have changed the outcomes of several local races? You bet! See A Solution Below.
To: Frankie Sue Del Papa 11 Sept, 1998
State of Nevada
Carson City, Nevada (via FAX and email)
Dear Ms. Del Papa,
We recently filed a complaint with your office concerning the fact that NRS 293.365 (having to do with voting laws) was acknowledged by the Voting Registrar to have been violated... at least 4,563 times.
Your office responded by saying it was not within your purview to get involved with these things... and recommended we take the matter to the Secretary of State.
Notwithstanding the above, we are very concerned about the statement in your office's response that would indicate that research was done into the matter of these violations; to wit: "In the past, the fact that some sample ballots were not received was not enough to nullify an election during court proceedings."
When I queried Ms. Cavin about the background of the word "some" (how many ballots, what was the legal source of statement, etc?), she said she had not done research... and said it was an observation from the office. That is not good procedure.
It is hard to believe that any court of law would think that 4,563 violations of Nevada law would not be sufficient justification to nullify an election... or at least demand corrective measures to what at this point looks like a Banana Republic type election process.
We are finding that citizens besides non-partisans have also not received their sample ballots... so that these violations are even more far-reaching than originally reported.
We have come up with a fairly simple solution to this current mess... a solution that re-enfranchises the huge multitude of currently disenfranchised voters. But time is of the essence and it is slipping away.
I called you today in hopes of speaking with you to discuss the above problems... and a possible solution... short of court.
I am disturbed that you chose not to speak with me.
I suggest that you (and/or other appropriate authorities) contact me ASAP so that we can discuss a quick honorable solution to this current mess. We must allow all voters the opportunity to vote.
Sam Dehne, a Nevada citizen
cc Pam Crowell, Deputy Secretary for Elections
Scott Scherer, candidate for Nevada Attorney General
A very simple solution to this mess would be to:
a. determine all citizens who voted (available on the computer).
b. mail Absentee Ballots to ALL citizens who did not vote.
c. give the Absentee Ballots a short (but reasonable) time to vote.
Anything short of this would disenfranchise unknown thousands of voters... and that would be unacceptable.
Read What's Wrong With Sec-State Heller's Office. (click)
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