By James Keller, RERcontributor
The first case targeting illegal electronic voting practices in Texas, by Dr. Laura Pressley, is progressing through the Texas court system. She is the candidate who sued to de-certify the election of her opponent (Austin City Council race) due to the county not keeping or not producing any original records of the vote (zero tapes, serial numbers, results tapes, ballot images) as required by Texas election code, Texas Administrative Code, and the State Constitution.
Notable is that the Texas Secretary of State’s Director of Elections, Keith Ingram, who worked in Little Rock, Arkansas for a former partner of the Rose Law Firm (according to David Knight, Infowars), is at the center of the case. His office, under the color of law, instructed Pressley’s county, as well as counties all over the State of Texas to ignore all of requirements that give any credibility to e-voting election results.
The county refused to give Pressley a copy of any of the four legally required sets of documents, including legally sufficient ballot images – and only produced the CVR (cast vote record) summary only – not an image of the whole ballot that each voter saw and marked.
The lower trial court dismissed her election contest case ‘for lack of evidence’ and fined her personally $40K and her attorney $50k, later offering to lift the draconian fines if she would not appeal the case.
But she did appeal the case in 2015, and gave oral arguments in April 2016, and the Austin Third Court finally ruled 8 months later, after the 2016 General Election, on December 23 – the Day that Governments ‘take out the trash’ while no one is watching. The Austin Third Court upheld the lower court, and added $25k to the fine! Make no mistake, a message was sent to any candidate who believes or knows that their election was stolen – don’t even think about it. Meanwhile, a major voting equipment manufacturer is lobbying hard to prevent a paper ballot requirement.
Voters of all Parties are very skeptical of computerized voting – especially those that lack paper backup records. Amazingly, there are coalitions forming between groups like LULAC, Democratic Party, Tea Party, Republican Party, Libertarian Party – who all presented, together, at Dr. Pressley’s press conference in October. What other cause elicits such across the board passionate support?
Now, Dr. Pressley is evaluating the option of submitting her case for review by the Texas Supreme Court. Amazingly, the mainstream media is ignoring this case, while obsessing upon ‘hacking’ allegations elsewhere – but always side-stepping the gross vulnerabilities endemic to the electronic systems we are using.
Legal cases similar to Dr. Laura Pressley’s 2014 election are springing up across the country because of the failure of States to deliver on already mandated election back up records to validate computerized results.
Pressley’s case has the evidence, and the rule of law on her side, yet the Austin based Third Court of Appeals ruled the Texas Secretary of State (SoS) may instruct counties to ignore laws related to backup records for electronic voting and recounts (pp. 19-20).
Moreover, the Austin Court
- Denied ruling on the Texas Constitutional requirement to number Texas ballots used in elections (See ruling, last sentence on p. 20).
- Upheld that election irregularities and illegal behavior documented in Pressley’s case with audit logs, corruption errors, missing mobile ballot boxes, unconstitutional cast vote records, witness affidavits, blocking of poll watchers, computer science expert declarations, instructions to election judges to not print mandated full zero and results tapes, statistical mathematical patterns, more ballots than voters, missing security seals, waivers to law by SoS, etc. were not a scintilla of evidence to call into question her election results.
- Upheld the more than $120,000 in financial sanctions to team Pressley for exercising the right to petition in court.
With not one word in the legal opinion to compel Travis County to follow election law, or address their recurrent tabulation corruption errors and security breaches, secure all memory cards, improve transparency, adhere to the Texas Constitution, and retain all mandated paper backup records for electronic voting, the Austin Third Court has disenfranchised the voters of Travis County, and set a precedent that denies Texans any confidence in the election results, past, present, and future, as it has opened the door to election fraud statewide, if left unchallenged. A case with prima facie evidence was dismissed and sanctioned, making a mockery of not only democratic process in Texas, but of the Justice System itself. Honest admission of the obvious appears to be beyond the scope of the court.
Implications to Texas Elections and Next Steps
The legal precedent set by the Austin appeals court endangers election integrity in Texas and the ability for voters and candidates to challenge questionable or bogus results. Also, checks and balances mandated by Texas election laws must be obeyed by counties regardless of convenience.
Dr. Pressley declares, “Laws are not negotiable. The expectation, for the strict adherence to the rule of law in Texas elections, will not be silenced.”
Pressley’s team is considering appealing to the Texas Supreme Court. In addition, the 2017 Texas Legislative Session, State Senator Bob hall has introduced a comprehensive election integrity bill enhancing the security of the vote in Texas elections. What issue facing us is of greater importance at this time than whether we have legitimate elections with accurate tabulation?
About the Author: Jim Keller is a fifth generation Texan and member of the Maverick Family. He works managing investments, properties, and a cattle ranch, and is a professional photographer. Keller comes from a family tradition of scientists and inventors, holds four US patents for panoramic camera related inventions, and has taught photography at Trinity University.
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