| Line 38: |
Line 38: |
| | ===''Texas v. Pennsylvania et al''=== | | ===''Texas v. Pennsylvania et al''=== |
| | :{{See also|Texas v. Pennsylvania, et al}} | | :{{See also|Texas v. Pennsylvania, et al}} |
| | + | The complaint filed by the State of Texas alleged:<ref>https://www.supremecourt.gov/DocketPDF/22/22O155/163048/20201208132827887_TX-v-State-ExpedMot%202020-12-07%20FINAL.pdf</ref> |
| | + | voting irregularities that resulted from Defendant States’ unconstitutional actions include the following: |
| | + | *Jesse Jacob, a decades-long City of Detroit employee assigned to work in the Elections Department for the 2020 election testified that she was “instructed not to look at any of the signatures on the absentee ballots, and I was instructed not to compare the signature on the absentee ballot with the signature on file” in direct contravention of MCL § 168.765a(6), which requires all signatures on ballots be verified. |
| | + | |
| | + | *Ethan J. Pease, a box truck delivery driver subcontracted to the [[U.S. Postal Service]] (“USPS”) to deliver truckloads of mail-in ballots to the sorting center in Madison, WI, testified that USPS employees were backdating ballots received after November 3, 2020. Further, Pease testified how a senior USPA employee told him on November 4, 2020 that “An order came down from the Wisconsin/Illinois Chapter of the Postal Service that 100,000 ballots” and how the USPSA dispatched employees to “find[] … the ballots.” One hundred thousand ballots “found” after election day far exceeds former Vice President Biden margin of 20,565 votes over President Trump. |
| | + | |
| | + | *On August 7, 2020, the League of Women Voters of Pennsylvania and others filed a complaint against Secretary Boockvar and other local election officials, seeking “a declaratory judgment that Pennsylvania existing signature verification procedures for mail-in voting” were unlawful for a number of reasons, ''League of Women Voters of Pennsylvania v. Boockvar'', which the Pennsylvania defendants quickly settled resulting in guidance issued on September 11, 2020, stating in relevant part: “The Pennsylvania Election Code does not authorize the county board of elections to set aside returned absentee or mailin ballots based solely on signature analysis by the county board of elections.” |
| | + | |
| | + | *Acting under a generally worded clause that “Elections shall be free and equal,” a 4-3 majority of Pennsylvania’s Supreme Court in ''Pa. Democratic Party v. Boockvar'' extended the statutory deadline for mail-in ballots from Election Day to three days after Election Day and adopted a presumption that even non-postmarked ballots were presumptively timely. In addition, a great number of ballots were received after the statutory deadline. Because Pennsylvania misled this Court about segregating the late-arriving ballots and instead commingled those ballots, it is now impossible to verify Pennsylvania’s claim about the number of ballots affected. |
| | + | |
| | + | *Contrary to Pennsylvania election law on providing poll-watchers access to the opening, counting, and recording of absentee ballots, local election officials in Philadelphia and Allegheny Counties decided not to follow 25 PA. STAT. § 3146.8(b). |
| | + | |
| | + | *Prior to the election, Secretary Boockvar sent an email to local election officials urging them to provide opportunities for various persons—including political parties—to contact voters to “cure” defective mail-in ballots. This process clearly violated several provisions of the state election code. By removing the ballots for examination prior to seven o’clock a.m. on election day, Secretary Boockvar created a system whereby local officials could review ballots without the proper announcements, observation, and security. This entire scheme, which was only followed in Democrat majority counties, was blatantly illegal in that it permitted the illegal removal of ballots from their locked containers prematurely. |
| | + | |
| | + | *On December 4, 2020, fifteen members of the Pennsylvania House of Representatives issued a report to Congressman [[Scott Perry]] stating that “[t]he general election of 2020 in Pennsylvania was fraught with… documented irregularities and improprieties associated with mail-in balloting … [and] that the reliability of the mail-in votes in the Commonwealth of Pennsylvania is impossible to rely upon.” The report detailed, ''inter alia'', that more than 118,426 mail-in votes either had no mail date, were returned before they were mailed, or returned one day after the mail date. The Report also stated that, based on government reported data, the number of mail-in ballots sent by November 2, 2020 (2.7 million) somehow ballooned by 400,000, to 3.1 million on November 4, 2020, without explanation. |
| | + | |
| | + | *On March 6, 2020, in ''Democratic Party of Georgia v. Raffensperger'', Georgia’s Secretary of State entered a Compromise Settlement Agreement and Release with the Democratic Party of Georgia (the “Settlement”) to materially change the statutory requirements for reviewing signatures on absentee ballot envelopes to confirm the voter’s identity by making it far more difficult to challenge defective signatures beyond the express mandatory procedures set forth at GA. CODE § 21-2-386(a)(1)(B), which is particularly disturbing because the legislature allowed persons other than the voter to apply for an absentee ballot, which means that the legislature likely was relying heavily on the signature-verification on ballots under GA. CODE § 21-2-386. |
| | + | |
| | + | *Numerous poll challengers and an Election Department employee whistleblower have testified that the signature verification requirement was |
| | + | ignored in Wayne County in a case currently pending in the Michigan Supreme Court. |
| | + | |
| | + | *The probability of former Vice President Biden winning the popular vote in the four Defendant States—Georgia, Michigan, Pennsylvania, and Wisconsin—independently given President Trump’s early lead in those States as of 3 a.m. on November 4, 2020, is less than one in a quadrillion, or 1 in 1,000,000,000,000,000. For former Vice President Biden to win these four States collectively, the odds of that event happening decrease to less than one in a quadrillion to the fourth power (i.e., 1 in 1,000,000,000,000,0004). See Decl. of Charles J. Cicchetti, Ph.D. |
| | + | |
| | + | *The same less than one in a quadrillion statistical improbability of Mr. Biden winning the popular vote in the four Defendant States—Georgia, Michigan, Pennsylvania, and Wisconsin—independently exists when Mr. Biden’s performance in each of those Defendant States is compared to former Secretary of State Hilary Clinton’s performance in the 2016 general election and President Trump’s performance in the 2016 and 2020 general elections. Again, the statistical improbability of Mr. Biden winning the popular vote in these four States collectively is 1 in 1,000,000,000,000,0005. |
| | + | |
| | + | *Georgia’s unconstitutional abrogation of the express mandatory procedures for challenging defective signatures on ballots set forth at GA. CODE § 21-2-386(a)(1)(B) resulted in far more ballots with unmatching signatures being counted in the 2020 election than if the statute had been properly applied. The 2016 rejection rate was more than seventeen times greater than in 2020. As a consequence, applying the rejection rate in 2016, which applied the mandatory procedures, to the ballots received in 2020 would result in a net gain for President Trump of 25,587 votes. This would be more than needed to overcome the Biden advantage of 12,670 votes, and Trump would win by 12,917 votes. |
| | + | |
| | + | *The two Republican members of the Board rescinded their votes to certify the vote in Wayne County, and signed affidavits alleging they were bullied and misled into approving election results and do not believe the votes should be certified until serious irregularities in Detroit votes are resolved. |
| | + | |
| | + | *The Wayne County Statement of Votes Report lists 174,384 absentee ballots out of 566,694 absentee ballots tabulated (about 30.8%) as counted without a registration number for precincts in the City of Detroit. The number of votes not tied to a registered voter by itself exceeds Vice President Biden’s margin of margin of 146,007 votes by more than 28,377 votes. The extra ballots cast most likely resulted from the phenomenon of Wayne County election workers running the same ballots through a tabulator multiple times, with Republican poll watchers obstructed or denied access, and election officials ignoring poll watchers’ challenges, as documented by numerous declarations. |
| | | | |
| | ===Pennsylvania=== | | ===Pennsylvania=== |