Election Lawsuit
Election Lawsuit
Election Lawsuit
LYNIE STONE
10410 East Prince Road
Tucson, Arizona 85749;
BARON BENHAM
8019 East Tuckey Lane
Scottsdale, Arizona 85250;
DEBI HAAS
5530 Rivers Edge Drive
Commerce, Michigan 48382;
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BRENDA SAVAGE
1715 Northumberland Drive
Rochester Hills, Michigan 48309;
MATTHEW DADICH
1621 Huddel Avenue
Lower Chichester, Pennsylvania 19061;
LEAH HOOPES
241 Sulky Way
Chadds Ford, Pennsylvania 19317;
RON HEUER
E3530 Townline Road
Kewaunee, Wisconsin 54216;
RICHARD W. KUCKSDORF
W2289 Church Drive
Bonduel, Wisconsin 54107;
DEBBIE JACQUES
1839 South Oneida Street
Green Bay, Wisconsin 54304;
JOHN WOOD
151 Main Street
Senior, Georgia 30276;
2
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Plaintiffs,
v.
U.S. SENATE,
U.S. Capitol
First St SE
Washington, DC 20004;
ELECTORAL COLLEGE,
U.S. Capitol
First St SE
Washington, DC 20004;
3
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4
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Defendants.
COMPLAINT
Georgia Voters Alliance, Election Integrity Fund, Arizona Election Integrity Alliance, Lynie Stone,
Baron Benham, Debi Haas, Brenda Savage, Matthew Dadich, Leah Hoopes, Ron Heuer, Richard W.
Kucksdorf, Debbie Jacques, John Wood, Sonny Borrelli, Warren Peterson, Matthew Maddock,
5
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Daire Rendon, David Steffen, Jeff L. Mursau, William T. Ligon and Brandon Beach, for their
INTRODUCTION
This lawsuit seeks protection of voters’ rights in Presidential elections. Voters in Presidential
elections have a constitutional right to have their respective state legislatures meet after the election
and certify their votes and, based on the votes, certify the Presidential electors whose votes are
In drafting Article II, the Framers of the Constitution reasoned state legislatures should
select Presidential electors so as “to afford as little opportunity as possible to tumult and disorder”
and to place “every practicable obstacle [to] cabal, intrigue, and corruption,” including “foreign
Article II limited Congress’s role in selecting the President and provided no constitutional
role for Governors. Yet, at present state legislatures are unable to meet. This inability to meet has
existed from election day and continues through various congressionally set deadlines for the
appointment of presidential electors and the counting of presidential elector votes. The states
legislatures of Pennsylvania, Michigan, Wisconsin, Georgia and Arizona (“Defendant States”) are
unable to review the manner in which the election was conducted, are prevented from exercising
their investigative powers and are unable to vote, debate or as a body speak to the conduct of the
election. In sum, State legislatures are impotent to respond to what happened in the November 3,
2020 election.
1
Hamilton, Alexander. Federalist No. 68, at 410-11 (C. Rossiter, ed. 1961).
6
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This impotency is caused by the ministerial functions of Congress and the Vice President
regarding the counting of the Presidential Elector’s votes and also by state law prohibiting the
legislative body from meeting without a supermajority or governor or leadership agreement during a
time they can respond to what happened in the election. Accordingly, even if the state legislatures
were aware of clear fraud by the executive branch – the state legislatures could not meet unless a
inviting “cabal, intrigue and corruption” rather than operating to prevent the same. State legislative
bodies have been relegated to observing the ministerial functions of a small group of executive
officials who have refused various requests by legislators to be called into special session.
Consequently, the legislative bodies as a whole of Defendant States have not engaged in any open
legislatures whose responsibilities are constitutionally defined.2 “Safeguarding the integrity of the
electoral process is a fundamental task of the Constitution, and [the courts] must be keenly sensitive
This is especially so when state legislatures have abrogated their responsibilities through the
improper delegation of their authority and when a cabal of state and local executives have partnered
with private interests to undermine state statutes and plans designed to protect the integrity of the
election.
2
U.S. Const. Art. II, Section 1, Cl. 1; U.S. Const. Art. 4, Section 1, Cl. 1.
3
Johnson v. FCC, 829 F.2d 157, 163 (D.C. Cir. 1987).
7
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“Confidence in the integrity of our electoral processes is essential to the functioning of our
participatory democracy”4 and due to the wholesale delegation of legislative responsibility only
judicial action restoring legislative authority can check unlawful conduct by the involved state
executives.
On March 27, 2020 President Trump signed into law the Coronavirus Aid, Relief, and
Economic Security Act (CARES) which provided $400 million to states to manage the 2020
elections during the pandemic.5 This funding joined previous monies provided by the Help America
Vote Act (HAVA) to afford states sufficient federal funding to assist in managing the election.
The CARES Act funding, however, was exceeded by one individual who passed $400 million
to local and state executives through a private charity that dictated how the recipient local
These dictates included the unprecedented use of drop boxes, mobile ballot retrieval, the
location and number of polling places or satellite locations, and the consolidation of urban counting
centers. Election judges, inspectors and poll workers were paid by these private funds and the
The private funds flowed through the Center for Tech and Civic Life (CTCL) and were targeted
to facilitate voter turnout of certain demographics in geographic areas dominated by one political
4
Purcell v. Gonzalez, 549 U.S. 1, 4 (2006).
5
Coronavirus Aid, Relief & Econ. Security Act, Pub. L. 116-136, §15003, 134 Stat. 281, 531.
6
Mark Zuckerberg donated $400M to help local election offices during pandemic, INDEPENDENT, Nov. 11,
2020. https://www.independent.co.uk/news/world/americas/mark-zuckerberg-donation-election-
facebook-covid-b1721007.html.
7
Id.
8
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party.8 CTCL recruited specific cities to apply for the grants and provided grants to select cities to
simultaneously with executive decisions to close in-person voting locations in areas not receiving
CTCL grants. The CTCL funding and local executive official acceptance created a two-tier election
system in which geographic areas benefitting one political party were flush with cash used to
increase voter opportunities and turnout, including one city’s no-bid purchase of a $250,000
Winnebago for local voter turnout efforts. The geographic areas dominated by the other party,
For example, CTCL provided funds to 100% of the Pennsylvania counties carried by Hillary
Clinton in 2016, including over $10 million to Philadelphia County.11 The charity required the
heavily Democratic county to establish 800 “satellite” voting locations and implement the drop box
collection of ballots. In neighboring Democratic Delaware County, Pennsylvania one drop box was
available for every 4,000 voters and one drop box was placed for every four-square-miles.
On the other hand, President Trump carried 59 of 67 Pennsylvania counties in 2016. CTCL
contributed to 22% of those counties providing much smaller grants. There was one drop box for
8
See, e.g., (city of Philadelphia grant communications), Unconstitutional? Wisconsin city election officials
sought private money to register voters, https://justthenews.com/politics-policy/elections/documents-
show-wi-municipal-authorities-sought-use-grant-money-voter; City of Green Bay – Center for Tech
and Civic Life grant agreement (July 24, 2020).
9
See Approval by Center for Tech and Civic Life of grant request for City of Racine, App. 247-48;
see also Petition for Permanent Injunction and Declaratory Judgment on behalf of the State of
Louisiana, App. 1504-1536.
10
See Grant Spending Approval by City of Racine for Purchase of Winnebago, App. 1492; see also
Carlson Report, App. 31-38.
11
See Approval by Center for Tech and Civic Life of grant request for City of Philadelphia, App.
1493-1503.
9
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CTCL funding produced similar results in the other Defendant States. Moreover, the use of
drop boxes materially breached the chain of custody of ballots. For example, ballot transfer forms in
Cobb County, Georgia show 78% of the 89,000 absentee ballots were not transported as Georgia
election rules require.12 Additionally, the use of drop boxes and changes in the signature comparison
requirements for absentee ballots were approved by the Georgia Secretary of State without
legislative approval.13
The presence of CTCL funds in other states facilitated conduct contrary to state law as well.
In Wisconsin, at CTCL’s request, five cities used CTCL seed monies to draft the “Wisconsin Safe
Voting Plan 2020,” so named despite the failure of the city leaders to include any other Wisconsin
election officials. The plan, and communications relating to the plan, provided for extensive voter
turnout efforts, considered state voter identification laws an obstacle and required the use of drop
CTCL funding was used to “dramatically expand voter and community education and outreach,
12
Ballot Transfer Forms Show 78 Percent of 89,000 Absentee Ballots from Drop Boxes in Cobb County, Georgia
Were Not Transported to the Registrar ‘Immediately’ As the Election Code Requires – The Georgia Star News,
https://georgiastarnews.com/2020/12/11/ballot-transfer-forms-show-78-percent-of-89000-absentee-ballots-from-
drop-boxes-in-cobb-county-were-not-transported-to-registrar-immediately-as-election-code-rule-requires/.
13
Georgia Secretary of State and State Election Board Changed Absentee Ballot Signature Verification and Added
Drop Boxes Without State Legislature’s Approval,” https://georgiastarnews.com/2020/12/16/georgia-secretary-
of-state-and-state-election-board-changed-absentee-ballot-signature-verification-and-added-drop-boxes-without-state-
legislatures-approval/.
14
Wisconsin Safe Voting Plan 2020, at 4 (submitted to the Center for Tech and Civic Life by the cities
of Green Bay, Kenosha, Madison, Milwaukee and Racine)(June 15, 2020). The report states
“[v]oting absentee by mail has been complicated by a fairly recent imposition of state law requiring
voters to provide an image of their valid photo ID prior to first requesting an absentee ballot.” Id., at
6. The CTCL funding provided “voter navigators” and professional” witnesses to increase turnout
and $2.5 million to “overcome these particular barriers.” Id. at 8-11. The cities received over $2
million for additional staffing, including pay for poll workers, election “chief inspectors.” Id., at 11-
12 and 18-19. An additional $216,500 was provided for drop boxes. Id., at 10-11.
15
Id., at 13.
10
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CTCL funding enabled urban areas in defendant states to consolidate counting facilities.
This consolidation precipitated the exclusion of Republican officials from the ability to view the
Election transparency is a prophylactic to fraud. Each defendant state has laws requiring
members of both major political parties be present in the location of the receipt, management and
counting of ballots. Such common-sense policy is necessary due to the significant afforded election
officials.
Local election officials determine the ballots to be received, the ballots eligible to be counted
and supervise the count of the ballots. Legislatures have wisely determined the best way to bring
accountability to such decisions is to require the participation, or at least the observation, of both
political parties.
Yet, these laws were not followed. In Wayne County, Michigan, CTCL paid poll workers
boarded up the windows to the counting facility to prevent observation.16 Inside Detroit’s TCF
Center, election inspectors were receiving, counting and “curing” absentee ballots. The “curing”
process involves discerning the voting intent of an absent voter and reflecting that intent on a newly
Michigan law requires representatives of both major political parties to view the process and
then sign a form stating the “curing” was completed consistent with voter intent.17 Yet, Republican
inspectors were not appointed in Wayne County. Moreover, Republican poll watchers were kept at
such a distance in the cavernous TCF Center they were unable to view the conduct of the inspectors
16
There’s a Simple Reason Workers Covered Windows at a Detroit Vote-Counting Site, THE NEW YORK
TIMES (Nov. 5, 2020)( https://www.nytimes.com/2020/11/05/technology/michigan-election-
ballot-counting.html, retrieved Dec. 20,2020)(windows covered to prevent “photographs”).
17
See Mich. Comp. Laws §168.674(2)(Thomson/West 2006).
11
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at the 134 counting tables operating in the center.18 City election officials later argued that allowing
republicans in the “place” of the counting satisfied state law despite the “place” these poll watchers
were required to stand was so remote they could not observe the activity of the democrat party
officials.
Urban election officials in other Defendant States which received CTCL funding also
restricted or prohibited Republican poll watchers from viewing the receipt, management, curing and
counting of ballots.19 Local election officials in each state represented here received significant funds
from CTCL and each also engaged in election improprieties with local officials acting contrary to
state law.
State hostility to Republican participation in reviewing the management of the 2020 general
December 14, 2020 Governor Gretchen Whitmer mobilized the state police to secure the state
capitol to prevent Republican legislators entry to the building while allowing Democrat legislators to
enter.20
18
See, e.g., Watch, Detroit Absentee Ballot Counting Chaos As Workers Block Windows, Bar Observers,
BREITBART (Nov. 4, 2020)( https://www.breitbart.com/politics/2020/11/04/watch-detroit-
absentee-ballot-counting-chaos-as-workers-block-windows-bar-observers/, retrieved Dec. 12, 2020);
Chaos erupts at TCF Center as Republican vote challengers cry foul in Detroit, DETROIT FREE PRESS (Nov. 4,
2020)( https://www.freep.com/story/news/politics/elections/2020/11/04/tcf-center-challengers-
detroit-michigan/6164715002/, retrieved Dec. 20, 2020).
19
See, e.g., Affidavit of Gregory Stenstrom (date); ‘The Steal is On’ in Pennsylvania: Poll Watchers
Denied Access, Illegal Campaigning at Polling Locations, Breitbart (Nov. 3, 2020)(
https://www.breitbart.com/politics/2020/11/03/the-steal-is-on-in-pennsylvania-poll-watchers-
denied-access-illegal-campaigning-at-polling-locations/, retrieved Dec. 20, 2020);
20
Michigan governor Gretchen Whitmer and legislative leadership initially claimed COVID-19
necessitated the closing of the Michigan capitol building on December 14, 2020, the congressional
deadline for the certification of the presidential electors. Shirkey: ‘Bad Judgment’ to keep Michigan Capitol
closed during electors meeting, https://www.detroitnews.com/story/news/politics/2020/12/14/shirkey-bad-
judgment-capitol-closed-during-elector-meeting/6536863002/. Later, Governor Whitmer claimed the closing
occurred due to a security threat. Michigan State House, Senate close over ‘threats of violence’ during Electoral
College Meeting, December 14, 2020,
https://www.usatoday.com/story/news/politics/2020/12/14/michigan-legislative-buildings-
12
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Moreover, Democrat Michigan Attorney General Dana Nessel announced she was criminally
investigating Republican legislators who voiced concerns regarding the election outcome and
threatened those officials with criminal prosecution for “bribery, perjury, and conspiracy.”21
General Nessel also tweeted a claim “GOP efforts to overturn President Trump’s electoral
defeat…and [t]hreats against election officials are domestic terrorism. My message to them is ‘We
are looking for you. We will find you. You will be held accountable.”22 The Michigan State Police
whom the Governor ordered to bar Republicans from entering the capitol on the fourteenth23,
however, announced they “did not recommend the closure of legislative offices ahead of the
Electoral College meeting and they were not aware of ‘any credible threats of violence related to
Michigan….”24
General Nessel continued her threats with calls for ethics investigations of Republican
attorneys. She also chilled free speech during the election by issuing “cease-and-desist letters” to
13
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Accordingly, the Plaintiffs who are voter groups, voters and state legislators in Pennsylvania,
Michigan, Wisconsin, Georgia and Arizona file this complaint seeking to restore the constitutional
authority and duty of the legislative bodies of their respective states in the selection of presidential
The federal laws regarding the Presidential electors, codified at 3 U.S.C. §§ 5, 6 and 15 are
constitutionally unauthorized and violate Presidential voters’ rights to state legislative post-election
certification. Article II of the Constitution establishes a non-delegable process where at least state
legislative post-election certification of the state’s Presidential electors is constitutionally required for
Presidential elector votes to be counted in the election of the President and Vice President. In
contradiction, the federal laws, particularly 3 U.S.C. §§ 5 and 6, establish a different process where
Presidential electors are designated by the Governor of each Defendant State without state
legislative post-election certification. Then, 3 U.S.C. § 15 authorizes the Vice President and Congress
to count those votes in contradiction of the constitutional obligation to only count votes of
Further, the Defendant States have legally acquiesced to the federal laws by enacting statutes
transferring post-election certification from the state legislatures to state executive branch officials:
Ariz. Rev. Stat. § 16-212 (B) (Arizona Secretary of State), Ga. Code Ann. § 21-2-499 (B) (Georgia
Secretary of State and Governor), Mich. Comp. Laws Ann. § 168.46 (Michigan State Board of
Canvassers and Governor), Wis. Stat. § 7.70 (5) (b) (Wisconsin Elections Commission); and 25 Pa.
Cons. Stat. § 3166 (Secretary of Commonwealth and Governor). These state laws also violate Article
26
Federalist No. 68, at 410-11.
14
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Plaintiffs hope a constitutional crisis can be avoided. There is time before the January 20,
2021 inaugural of the President and Vice President for the Court to require the state legislatures to
meet and consider post-election certification of the Presidential electors. The people’s
representatives comprising the state legislatures of the respective states must be afforded the
opportunity to act as a whole to fulfill their constitutional responsibilities and to restore faith in the
election process.
Moreover, this Court has continuing jurisdiction, after this Presidential election, because the
federal laws and state laws violating Article II have continuing force applied to future Presidential
elections.
JURISDICTION
1. The Court has jurisdiction under 28 U.S.C § 1331 (federal question), 28 U.S.C. §
1343 (civil rights and elective franchise), 28 U.S.C. § 2201 (declaratory judgment), 28 U.S.C. § 1651
(“All Writs Act”), 42 U.S.C. § 1983 (civil rights) and D.C. Code § 16-3501, et seq (ouster of national
officials).
2. The Court has venue under 28 U.S.C. § 1391 because many of the Defendants reside
or are located in the District of Columbia and a substantial part of the events or omissions giving
PARTIES
A. Plaintiffs
Alliance, Election Integrity Forum and Arizona Election Integrity Alliance are election integrity
entities and associations which have a purpose of promoting election integrity in Pennsylvania,
15
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Wisconsin, Georgia, Michigan and Arizona, respectively. They do not support any particular
4. Plaintiffs Lynie Stone and Baron Benham are residents, voters and taxpayers of
5. Plaintiffs Debi Haas and Brenda Savage are residents, voters and taxpayers of
6. Plaintiffs Matthew Dadich and Leah Hoopes are residents, voters and taxpayers of
7. Plaintiffs Ron Hueur, Richard W. Kucksdorf and Debbie Jacques are residents,
voters and taxpayers of Wisconsin. They are members of the Wisconsin Voters Alliance.
Representatives.
Representatives.
Representatives.
13. Plaintiff Representative David Steffen is a member of the Wisconsin State Assembly.
Assembly.
16
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17. All of the individual Plaintiffs are residents, voters and taxpayers of their respective
states.
18. All of the individual Plaintiffs voted in the November 3, 2020 election for President
B. Defendants
19. Vice President Michael Richard Pence is a Defendant sued in his official capacity as
President of the United States Senate. As such, Pence is identified as having legal obligations under
the Constitution and federal law regarding opening and counting the ballots of Presidential electors
20. The U.S House of Representatives, U.S. Senate, and Electoral College are
Defendants. They are constituted under the Constitution and federal law.
21. Governor Tom Wolf of Pennsylvania is a Defendant sued in his official capacity. He
has legal responsibilities under federal and state law in post-election certification of Presidential
electors.
22. Speaker Bryan Carter of the Pennsylvania House of Representatives and Senate
Majority Leader Jake Corman of the Pennsylvania Senate, are sued in their official capacities. They
and their respective houses of their state legislature have legal responsibilities under federal and state
capacity. She has legal responsibilities under federal and state law in post-election certification of
Presidential electors.
24. Speaker Lee Chatfield of the Michigan House of Representatives and Senate Majority
Leader Mike Shirkey of the Michigan Senate are sued in their official capacities. They and their
17
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respective houses of their state legislature have legal responsibilities under federal and state law in
25. Governor Tony Evers of Wisconsin is a Defendant sued in his official capacity. He
has legal responsibilities under federal and state law in post-election certification of Presidential
electors.
26. Speaker Robin Vos of the Wisconsin State Assembly and Senate Majority Leader
Howard Marklein of the Wisconsin Senate are sued in their official capacities. They and their
respective houses of their state legislature have legal responsibilities under federal and state law in
27. Governor Brian Kemp of Georgia is a Defendant sued in his official capacity. He
has legal responsibilities under federal and state law in post-election certification of Presidential
electors.
28. Speaker David Ralston of the Georgia House of Representatives and President Pro
Tempore Butch Miller of the Georgia Senate are sued in their official capacities. They and their
respective houses of their state legislature have legal responsibilities under federal and state law in
29. Governor Doug Ducey of Arizona is a Defendant sued in his official capacity. He
has legal responsibilities under federal and state law in post-election certification of Presidential
electors.
30. Speaker Russell Bowers of the Arizona House of Representative and Senate Majority
Leader Rick Gray of the Arizona Senate are sued in their official capacities. They and their
respective houses of their state legislature have legal responsibilities under federal and state law in
18
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STANDING
31. As voters, the Plaintiffs have legal standing to bring these constitutional claims to
32. The Plaintiffs claim that Article II of the U.S. Constitution provides a voter a
constitutional right to the voter’s Presidential vote being certified as part of the state legislature’s
electors’ votes from that state cannot be counted by the federal Defendants toward the election of
President and Vice President. Because the Plaintiffs’ votes are not counted as part of the
Defendants are causing the Plaintiffs to be disenfranchised. See Baten v. McMaster, 967 F.3d 345, 352–
53 (4th Cir. 2020) (voters who vote in Presidential elections have standing on claims of government
causing disenfranchisement).
33. When Defendants violate the Constitution as it relates to Presidential elections in the
Defendant, all voters in Presidential elections suffer an injury-in-fact caused by the Defendants.
Voters in a Presidential election, in this instance, have an injury-in-fact different than the public
because when they voted and they had an interest that the election in which they voted is
constitutionally-conducted. The same is true of future elections. Finally, the Court can redress the
Plaintiffs’ injuries by issuing a declaratory judgment and accompanying injunction to enjoin the
34. As voters, each Plaintiff has a fundamental right to vote.28 Thus, each Plaintiff has a
recognized protectable interest. As the U.S. Supreme Court has long recognized, a person's right to
27
See Lujan v. Defenders of Wildlife, 504 U.S. 555, 560–61 (U.S. 1992).
28
Reynolds v. Sims, 377 U.S. 533, 554–55, 562 (1964).
19
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vote is “individual and personal in nature.”29 Thus, “voters who allege facts showing disadvantage to
themselves as individuals have standing to sue” to remedy that disadvantage.30 “Safeguarding the
integrity of the electoral process is a fundamental task of the Constitution, and [the courts] must be
keenly sensitive to signs that its validity may be impaired.”31 “Confidence in the integrity of our
35. By federal and state election laws, the federal and state governments have agreed to
protect the fundamental right to vote by maintaining the integrity of an election contest as fair,
honest, and unbiased to maintain the structure of the democratic process.33 The voters, in turn, agree
to accept the government’s announcement of the winner of an election contest, including federal
elections, to maintain the integrity of the democratic system of the United States. “‘No right is more
precious in a free country than that of having a voice in the election of those who make the laws
under which, as good citizens, we must live.’34 But the right to vote is the right to participate in an
electoral process that is necessarily structured to maintain the integrity of the democratic system.”35
36. This arrangement constitutes a “social contract” between the voter and the
government as an agreement among the people of a state about the rules that will define their
government.36 Social contract theory provided the background against which the Constitution was
adopted. “Because of this social contract theory, the Framers and the public at the time of the
29
Id. 377 U.S. at 561.
30
Gill v. Whitford, 138 S. Ct. 1916, 1929 (2018).
31
Johnson v. FCC, 829 F.2d 157, 163 (D.C. Cir. 1987).
32
Purcell v. Gonzalez, 549 U.S. 1, 4 (2006).
33
Timmons v. Twin Cities Area New Party, 520 U.S. 351, 364 (1997) (“States certainly have an interest in
protecting the integrity, fairness, and efficiency of their ballots and election processes as means for
electing public officials.”).
34
Burdick v. Takushi, 504 U.S. 428, 441 (1992) quoting Wesberry v. Sanders, 376 U.S. 1, 17 (1964).
35
Id. (citations omitted).
36
Dumonde v. U.S., 87 Fed. Cl. 651, 653 (Fed. Cl. 2009) (“Historically, the Constitution has been
interpreted as a social contract between the Government and people of the United States,” citing
Marbury v. Madison, 1 Cranch 137, 5 U.S. 137, 176 (1803).
20
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revolution and framing conceived governments as resulting from an agreement among people to
provide a means for enforcing existing rights.”37 “The aim of a social contract theory is to show that
members of some society have reason to endorse and comply with the fundamental social rules,
laws, institutions, and/or principles of that society. Put simply, it is concerned with public
justification, i.e., ‘of determining whether or not a given regime is legitimate and therefore worthy of
loyalty.’”38
37. The uniformity of election laws is part of that contract to protect the right to vote.
Hence, the right to vote is intertwined with the integrity of an election process. The loss of the
integrity of the election process renders the right to vote meaningless.39 Here, the Defendant States’
election irregularities and improprieties so exceed the razor-thin margins to cast doubt on the razor-
thin margins of victory and, thus, threaten the social contract itself.
38. The same will happen in future elections too if it is not stopped.
39. The Article II social contract with the voters is, in part, the assurance of their state
legislature voting for post-election certification of Presidential electors. Arising from the social
contract is the integrity of the election process to protect the voter’s right to vote. In the state
officials—as a core government function—the state legislatures, required by federal law, delegated
37
Greg Serienko, Social Contract Neutrality and the Religion Clauses of the Federal Constitution, 57 Ohio St.
L. J. 1263, 1269.
38
Contemporary Approaches to the Social Contract, https://plto.stanford.edu/entries/contractarianism-
contemporary/ (last visited Dec. 21, 2020).
39
“Legitimacy is the crucial currency of government in our democratic age. Only elections that are
transparent and fair will be regarded as legitimate…But elections without integrity cannot provide the
winners with legitimacy, the losers with security and the public with confidence in their leaders and
institutions.”https://www.kofiannanfoundation.org/supporting-democracy-and-elections-with-
integrity/uganda-victory-without-legitimacy-is-no-victory-at-all/ (Last visited Dec. 8, 2020).
21
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post-election certification to state executive branch officials when Article II requires the state
40. This social contract is what is personally at risk for the Plaintiffs in the outcome of
the controversy. 40 As much as the government has a compelling interest in fair and honest elections
with accompanying laws and regulations to ensure that objective to preserve the democratic system
of government, so too the voter has an interest in state and local election officials violating the
41. Furthermore, the voter has a compelling interest in the maintenance of a democratic
system of government under the Ninth Amendment through the election process, beyond
controversies regarding governmental attempts to interfere with the right to vote. Here, the voter
did not enter into a contract with the state election official to give them discretion for state election
irregularities and improprieties—of any kind—regardless of how benign they might be. The voter’s
social contract is with the state legislature—who under Article II must conduct post-election
certification of the Presidential electors. The Article II requirement of the state legislature casting a
post-election certification vote for Presidential electors is the voters’ constitutional “insurance
policy” against the risk of state and local election officials engaging in election irregularities and
42. The voters have been willing to accept laws and regulations imposed upon an
election process to serve the government’s compelling interest in the integrity of that process. So,
while it is fair to create public governmental regulatory schemes to promote the compelling interests
to protect the right to vote, and therefore, a voter’s right of associational choices under the First
40
Gill, 138 S.Ct. at 1923.
22
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Amendment,41 those rights are infringed when the state legislatures abdicate the constitutionally-
43. For federal elections, state legislatures under Article II have no authority to delegate
post-election certification of Presidential electors to state executive branch officials. Yet, they did.
That is the harm for the voters. It is the Electors Clause that gives state legislatures the exclusive
44. This lawsuit is not about voter fraud. The harm here is the loss of a voter remedy
under Article II conducted as a core governmental function under federal and state election laws to
ensure the integrity of the election. In turn, the acceptance of the outcome without state legislative
post-election certification of Presidential electors interferes with the social contract between the
BACKGROUND
A. Legal background
45. Under the Supremacy Clause, the “Constitution, and the laws of the United States
which shall be made in pursuance thereof … shall be the supreme law of the land.”43
46. “The individual citizen has no federal constitutional right to vote for electors for the
President of the United States unless and until the state legislature chooses a statewide election as
the means to implement its power to appoint members of the electoral college.”44
41
Anderson v. Celebrezze, 460 U.S. 780, 788–89 (1983).
42
Id.
43
U.S. Const. Art. VI, cl. 2.
44
Bush v. Gore, 531 U.S. 98, 104 (citing U.S. CONST. art. II, § 1).
23
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47. State legislatures have plenary power to set the process for appointing presidential
electors: “Each State shall appoint, in such Manner as the Legislature thereof may direct, a Number
of Electors.”45
48. At the time of the Founding, most States did not appoint electors through popular
statewide elections. In the first presidential election, six of the ten States that appointed electors did
49. In the second presidential election, nine of the fifteen States that appointed electors
50. In the third presidential election, nine of sixteen States that appointed electors did so
by direct legislative appointment. Id. at 31. This practice persisted in lesser degrees through the
Election of 1860.
51. Though “[h]istory has now favored the voter,” Bush, 531 U.S. at 104, “there is no
doubt of the right of the legislature to resume the power [of appointing presidential electors] at any
52. Given the State legislatures’ constitutional primacy in selecting presidential electors,
the ability to set rules governing the casting of ballots and counting of votes cannot be usurped by
53. The Framers of the Constitution decided to select the President through the
Electoral College “to afford as little opportunity as possible to tumult and disorder” and to place
45
U.S. Const. Art. II, §1, cl. 2; see also Bush v. Gore, 531 U.S. at 104 (“[T]he state legislature’s power to
select the manner for appointing electors is plenary.” (emphasis added)).
46
McPherson v. Blacker, 146 U.S. 1, 29-30 (1892).
47
Id. at 32.
48
McPherson, 146 U.S. at 35 (emphasis added); cf. 3 U.S.C. § 2 (“Whenever any State has held an
election for the purpose of choosing electors, and has failed to make a choice on the day prescribed
by law, the electors may be appointed on a subsequent day in such a manner as the legislature of
such State may direct.”).
24
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“every practicable obstacle [to] cabal, intrigue, and corruption,” including “foreign powers” that
might try to insinuate themselves into our elections.49 Federalist No. 68, at 410-11 (C. Rossiter, ed.
54. The Plaintiffs constitutional claims in this lawsuit are principally based on one
sentence in Article II of the U.S. Constitution. The sentence has eighty-five words. The
He shall hold his office during the term of four years, and, together with the Vice
President, chosen for the same term, be elected, as follows: Each state shall
appoint, in such manner as the Legislature thereof may direct, a number of
electors, equal to the whole number of Senators and Representatives to which
the State may be entitled in the Congress: but no Senator or Representative, or
person holding an office of trust or profit under the United States, shall be
appointed an elector.
55. The Plaintiffs’ claims, based on this constitutional, imperative, sentence, are that
are exclusively state legislative decisions; accordingly, Governors, federal courts and state courts
Presidential electors.
56. Accordingly, the Plaintiffs claim that 3 U.S.C. § 5, 6 and 15 and state laws (such as
Ariz. Rev. Stat. § 16-212 (B), Ga. Code Ann. § 21-2-499 (B), Mich. Comp. Laws § 168.46, Wis. Stat.
§ 7.70 (5) (b) and 25 Pa. Cons. Stat. § 3166) eviscerating these state legislative prerogatives, every
57. Under Article II, Congress lacks legal authority to enact laws interfering with the
electors as it has done with 3 U.S.C. §§ 5, 6 and 15. There are textual and structural arguments for
49
See, supra, Note 14.
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these federal statutes being unconstitutional.50 The Plaintiffs claim that 3 U.S.C. §§ 5, 6 and 15 are
unconstitutional interferences with the state legislative prerogatives guaranteed by the Constitution.
58. Analogously, under Article II, the state legislatures lack legal authority to enact state
laws which are a perpetual and wholesale delegation of post-election certifications of Presidential
votes and of Presidential electors to state executive branch officials—as they have done in Ariz. Rev.
Stat. § 16-212 (B) (Arizona Secretary of State), Ga. Code Ann. § 21-2-499 (B) (Georgia Secretary of
State and Governor), Mich. Comp. Laws Ann. § 168.46 (Michigan State Board of Canvassers and
Governor), Wis. Stat. § 7.70 (5) (b) (Wisconsin Elections Commission); and 25 Pa. Cons. Stat. §
59. Article II, and its non-delegation doctrine, left it to the state legislatures to “direct”
perpetually and in a wholesale fashion, to state executive branch officials as a ministerial duty. There
are textual and structural arguments for these state statutes being unconstitutional. Plaintiffs claim
that Ariz. Rev. Stat. § 16-212 (B), Ga. Code Ann. § 21-2-499 (B), Mich. Comp. Laws Ann. § 168.46,
Wis. Stat. § 7.70 (5) (b), 25 Pa. Cons. Stat. § 3166 are unconstitutional delegation of the state
electors.
60. Further, the state constitutions of the Defendant States do not require the state
legislature to meet for post-election certification of the Presidential electors. Arizona’s, Georgia’s
and Pennsylvania’s Constitutions have the state legislature adjourned until January 2021.51 Michigan’s
50
Vasan Kesavan, Is the Electoral Count Act Unconstitutional, 80 N.C. L. Rev. 1653, 1696-1793 (2002).
51
Ariz. Const. Art. IV, Part 2, Sec. 3; Ga. Const. Art. III, § IV, ¶ 1(a). Pa. Const. Art. II, § 4.
26
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and Wisconsin’s Constitutions permit the state legislature to be in session, but do not require a joint
session of the state legislature to affirmatively vote for Presidential post-election certifications.52
61. Based on this legal background, Plaintiffs claim, under the Article II, that if there is
no state legislative post-election certifications of Presidential votes and of Presidential electors in the
Defendant States, then those Defendant States’ Presidential electors votes, not so certified, cannot
be counted by the federal Defendants for President and Vice President under Article II.
62. Under 3 U.S.C. §§ 5, 6 and 12, each of the Defendants, except the state legislatures,
have a role to play in state post-election certifications of Presidential votes and of a state’s
63. Under 3 U.S.C. § 15, “Congress shall be in session on the sixth day of January
succeeding every meeting of electors. The Senate and House of Representatives shall meet in the
Hall of the House of Representatives at the hour of 1 o’clock in the afternoon on that day.”
64. Under 3 U.S.C. § 15, Vice President Michael Richard Pence is the presiding officer
on January 6, 2021: “and the President of the Senate shall be their presiding officer.”
65. Vice President Pence, the U.S. Senate and the U.S. House of Representatives are
Defendants presume under 3 U.S.C. §§ 5 and 6, that each state’s Presidential elector votes because
they are designated by the Governor of each Defendant State can be counted without state
If any State shall have provided, by laws enacted prior to the day fixed for the
appointment of the electors, for its final determination of any controversy or contest
concerning the appointment of all or any of the electors of such State, by judicial or
52
Mich. Const. Art. IV, § 13; Wis. Const. Art. IV, § 11.
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other methods or procedures, and such determination shall have been made at least
six days before the time fixed for the meeting of the electors, such determination made
pursuant to such law so existing on said day, and made at least six days prior to said
time of meeting of the electors, shall be conclusive, and shall govern in the counting
of the electoral votes as provided in the Constitution, and as hereinafter regulated, so
far as the ascertainment of the electors appointed by such State is concerned.
It shall be the duty of the executive of each State, as soon as practicable after the
conclusion of the appointment of the electors in such State by the final ascertainment,
under and in pursuance of the laws of such State providing for such ascertainment, to
communicate by registered mail under the seal of the State to the Archivist of the
United States a certificate of such ascertainment of the electors appointed, setting
forth the names of such electors and the canvass or other ascertainment under the
laws of such State of the number of votes given or cast for each person for whose
appointment any and all votes have been given or cast; and it shall also thereupon be
the duty of the executive of each State to deliver to the electors of such State, on or
before the day on which they are required by section 7 of this title to meet, six
duplicate-originals of the same certificate under the seal of the State; and if there shall
have been any final determination in a State in the manner provided for by law of a
controversy or contest concerning the appointment of all or any of the electors of
such State, it shall be the duty of the executive of such State, as soon as practicable
after such determination, to communicate under the seal of the State to the Archivist
of the United States a certificate of such determination in form and manner as the
same shall have been made; and the certificate or certificates so received by the
Archivist of the United States shall be preserved by him for one year and shall be a
part of the public records of his office and shall be open to public inspection; and the
Archivist of the United States at the first meeting of Congress thereafter shall transmit
to the two Houses of Congress copies in full of each and every such certificate so
received at the National Archives and Records Administration.
68. The Plaintiffs claim that the presumption is constitutionally incorrect; under Article
II, Defendants Vice President Pence, the U.S. House of Representatives and the United States
Senate can only open up and count Presidential elector ballots if the state legislature has
affirmatively voted to certify the Presidential electors; otherwise, the votes of the Presidential
electors cannot be counted. The Plaintiffs claim that the Vice President and U.S. Congress act
unconstitutionally in this election and future elections when they count votes of Presidential electors
where the respective state legislature has not affirmatively voted in favor of post-election
certification.
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69. Similarly, the Defendant States’ executives, Governor Tom Wolf of Pennsylvania,
Governor Gretchen Whitmer of Michigan, Governor Tony Evers of Wisconsin, Governor Brian
Kemp of Georgia, and Governor Doug Ducey of Arizona under 3 U.S.C. § 6 and their respective
state’s laws, have designated the Presidential electors under the assumption that state executive
Michigan, Governor Tony Evers of Wisconsin, Governor Brian Kemp of Georgia, and Governor
Doug Ducey of Arizona are constitutionally mistaken because the designated by the Governor of
each Defendant State cannot cure that the Presidential electors are without state legislative post-
election certification. Until the state legislature certifies the Presidential electors, the respective
Governor’s designation under 3 U.S.C. § 6 and their respective state’s laws have no legal effect.
71. Absent the state legislative post-election certification required by Article II, the
Governor’s designation of Presidential electors has no legal effect because their votes cannot be
counted by the Vice President, U.S. Senate and U.S. House of Representatives.
72. Finally, Article II requires the Defendants’ state legislative leaders to act to vote on
post-election certification of the Presidential electors. But, instead, the state legislatures violate this
constitutional duty because of their state laws which are a perpetual and wholesale delegation of
Ariz. Rev. Stat. § 16-212 (B) (Arizona Secretary of State), Ga. Code Ann. § 21-2-499 (B) (Georgia
Secretary of State and Governor), Mich. Comp. Laws Ann. § 168.46 (Michigan State Board of
Canvassers and Governor), Wis. Stat. § 7.70 (5) (b) (Wisconsin Elections Commission); and 25 Pa.
53
See 25 Pa. Cons. Stat. § 3166; Mich. Comp. Laws Ann. § 168.46; W.S.A. § 7.70; Ga. Code Ann., §
21-2-499(b); Ariz. Rev. Stat. § 16-212.
29
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73. The Plaintiffs claim that Article II, and its non-delegation doctrine, permanently left
74. In this way, the Defendant States’ legislative leaders, including Speaker Bryan Carter
of the Pennsylvania House of Representatives, Senate Majority Leader Jake Corman of the
Pennsylvania Senate, Speaker Lee Chatfield of the Michigan House of Representatives, Senate
Majority Leader Mike Shirkey of the Michigan Senate, Speaker Robin Vos of the Wisconsin State
Assembly, Senate Majority Leader Howard Marklein of the Wisconsin Senate, Speaker David
Ralston of the Georgia House of Representatives, Senate President Pro Tempore Butch Miller of
the Georgia Senate, Speaker Russell Bowers of the Arizona House of Representatives, and Senate
Majority Leader Rick Gray of the Arizona Senate are violating their duties under Article II by not
voting on post-election certification of the Presidential electors so their votes can constitutionally
count.
certification of Presidential electors. The Defendants violate those voting rights by counting ballots
certification.
C. Presidential post-election court proceedings—like the 2000 Bush v. Gore litigation, the
2020 Texas original action and the 2020 thirty post-election lawsuits in Defendant
States—are in constitutional error and unnecessarily politicize the federal and state
courts in a national way.
76. The Presidential post-election court proceedings—like the 2000 Bush v. Gore
litigation, the 2020 Texas original action and the 2020 thirty post-election lawsuits in Defendant
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States—are in constitutional error and unnecessarily politicize the federal and state courts—and in a
nationwide way. Under Article II, all of those Presidential post-election cases should have been
dismissed for lack of jurisdiction—and the plaintiffs should have been instructed to file their
77. The Defendant States have election contest or recount laws, which apply to
Presidential votes and Presidential electors: Ariz. Rev. Stat. § 16-672; Ga. Code Ann.§ 21-2-521;
Mich. Comp. Laws § 168.862; Wis. Stat. § 9.01; and 25 Pa. Cons. Stat. § 3351.
78. Interestingly, the Pennsylvania laws have a state legislative post-election certification
process for its Governor and Lieutenant Governor elections—but not for President and Vice
79. In 2000, the U.S. Supreme Court engaged in Presidential post-election litigation in
80. Plaintiffs claim, under Article II, that this post-election case in 2000 likely should
have been dismissed for lack of jurisdiction with instructions for the Plaintiffs to file their election
Wisconsin, Georgia and Arizona election official errors and improprieties were filed.54
54
See “Postelection lawsuits related to the 2020 United States presidential election,” found at
https://en.wikipedia.org/wiki/Postelection_lawsuits_related_to_the_2020_United_States_presidential_election#
Wood_v._Raffensperger (last visited: Dec. 15, 2020). This complaint’s citations to the appendix,
principally, detail lawsuit allegations found in these Pennsylvania, Michigan, Wisconsin, Georgia and
31
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82. Plaintiffs claim, under Article II, that these post-election cases should have been
dismissed for lack of jurisdiction with instructions that the Plaintiffs should file such claims with
their respective state legislatures in Pennsylvania, Michigan, Wisconsin, Georgia and Arizona.
F. In 2020, Texas sued Pennsylvania, Michigan, Wisconsin and Georgia in the U.S.
Supreme Court to adjudicate election irregularities and improprieties.
83. On December 7, 2020, Texas filed an original action in the U.S. Supreme Court,
Case No. 20O155, against Pennsylvania, Michigan, Wisconsin and Georgia for election irregularities
and improprieties. On December 9, Missouri and 16 other states filed a motion for leave to file an
amicus curiae brief in support of Texas. On December 10, U.S. Representative Mike Johnson and
105 other members submitted a motion for leave to file amicus brief in support of Texas. On
December 11, the U.S. Supreme Court dismissed the original action in a text order:
The State of Texas’s motion for leave to file a bill of complaint is denied for lack of
standing under Article III of the Constitution. Texas has not demonstrated a judicially
cognizable interest in the manner in which another State conducts its elections. All
other pending motions are dismissed as moot. Statement of Justice Alito, with whom
Justice Thomas joins: In my view, we do not have discretion to deny the filing of a bill
of complaint in a case that falls within our original jurisdiction.
See Arizona v. California, 589 U. S. ___ (Feb. 24, 2020) (Thomas, J., dissenting). I would
therefore grant the motion to file the bill of complaint but would not grant other relief,
and I express no view on any other issue.55
84. Plaintiffs claim, under Article II, that this post-election case filed in the U.S. Supreme
Court should have been dismissed for lack of jurisdiction with instructions that voter in each state
could file their respective claims with their respective state legislatures in Pennsylvania, Michigan,
Arizona lawsuits alleging election official errors and improprieties. In Defendants’ states, voter
allegations exist which allege that the election officials’ errors and improprieties exceed the razor-
thin margins of Presidential contests—as further herein.
55
Plaintiffs agree that the State of Texas lacked standing, but the original action itself begs the
question, “Is the U.S. Supreme Court the final adjudicator for certification of Presidential electors?”
The Plaintiffs’ answer is no; the respective state legislatures are the final determiner of post-election
certifications of Presidential votes and of Presidential electors—and, in a non-delegable way.
32
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G. The Presidential electors for Biden and Trump in the Defendant States voted on
December 14, but none of the Presidential Electors received state legislative post-
election certification.
85. Under 3 U.S.C. §§ 5 and 6, the Presidential electors for Biden and Trump met and
86. The Presidential electors for Biden in the Defendant States were certified by state
executive branch officials in the Defendant States under 3 U.S.C. §§ 5 and 6 and the respective state
laws.
87. Neither the Presidential electors for Biden nor the Presidential electors for Trump in
the Defendant States received a state legislative post-election affirmative vote for certification.
88. The Presidential electors for Biden in the Defendant States voted for Biden as
89. The Presidential electors for Trump in the Defendant States voted for Trump as
90. Plaintiffs claim that none of these Presidential electors’ votes should be counted by
federal Defendants in the election of President and Vice President until the Presidential electors
receive from their respective state legislatures an affirmative vote for post-election certification.
H. Under federal and state law, in the Defendant States, the respective state legislatures
do not vote on post-election certification of Presidential electors.
91. Congress has enacted 3 U.S.C. §§ 5, 6 and 15 which significantly restrict state
92. In turn, the state legislatures in the Defendant States have enacted state laws which
are a perpetual and wholesale delegation of post-election certification to state executive branch
officials—as they have done in Ariz. Rev. Stat. § 16-212 (B) (Arizona Secretary of State), Ga. Code
56
See Michigan Trump Electors Certificate, Appendix 1471.
33
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Ann. § 21-2-499 (B) (Georgia Secretary of State and Governor), Mich. Comp. Laws Ann. § 168.46
(Michigan State Board of Canvassers and Governor), Wis. Stat. § 7.70 (5) (b) (Wisconsin Elections
Commission); and 25 Pa. Cons. Stat. § 3166 (Secretary of Commonwealth and Governor).
93. Further, the state constitutions of the Defendant States fail to require the state
legislature to meet for post-election certification of the Presidential electors in violation of state
legislative constitutional duties under Article II of the U.S. Constitution. Arizona’s, Georgia’s and
Pennsylvania’s Constitutions have the state legislature adjourned until January 2021.57 Michigan’s and
Wisconsin’s Constitutions permit the state legislature to be in session, but do not require a joint
session of the state legislature to affirmatively vote for post-election certification of Presidential
electors.58
94. Plaintiffs allege that voters allege in each of the Defendant States that election
officials’ absentee ballot errors and improprieties exceed Presidential vote margins.
95. The Defendant States’ voters’ claims should be constitutionally resolved by state
96. None of the voters’ allegations in each of the Defendant States—that is the
allegations stated further below—should be adjudicated in this Court or any other Court, because it
57
Ariz. Const. Art. IV, Part 2, Sec. 3; Ga. Const. Art. III, § IV, ¶ 1(a). Pa. Const. Art. II, § 4.
58
Mich. Const. Art. IV, § 13; Wis. Const. Art. IV, § 11.
34
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J. Defendant States’ voters allege Zuckerberg moneys gifted to urban election officials
in Defendant States who violated absentee ballot security measures.
97. Defendant States’ voters have alleged, in 2020, a systematic effort was launched in
Defendant States, using $350,000,000 in private money sourced to Mark Zuckerberg, the Facebook
billionaire, to illegally circumvent absentee voting laws to cast tens of thousands of illegal absentee
ballots.59
98. Defendants States’ votes have alleged that the Zuckerberg-funded private
organization, the Center for Technology and Civic Life (CTCL), gifted millions of dollars to election
officials in Democratic Party urban strongholds in Georgia, Wisconsin, Pennsylvania, Michigan and
Arizona in order for those cities to facilitate the use of absentee voting: Fulton County (GA),
Milwaukee (WI), Madison (WI), Philadelphia (PA), Wayne County (MI) and Maricopa County
(AZ).60
99. Defendant States’ voters have alleged that in these counties and cities receiving
CTCL funds, election officials adopted various respective policies and customs eviscerating state law
absentee ballot security measures such as witness address, name and signature requirements and
100. Defendant States’ voters have alleged that these urban election officials also used the
CTCL funds for absentee ballot drop boxes treating urban voters preferentially to small-town and
rural voters.62
59
See App. 21-30; 31-38; and 1079-1112.
60
Id.
61
Id.
62
Id.
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K. The government’s pre-election certification error rate of voting system’s software and
hardware is 0.0008%.
101. The federal government has a pre-election standard for state voting system’s
102. Under federal law, this maximum-acceptable error rate is one in 500,000 ballot
103. Section 3.2.1 of the voting systems standards issued by the Federal Elections
Commission (FEC) which were in effect on the date of the enactment of the Help America Vote
Act (HAVA) provides that the voting system shall achieve a maximum acceptable error rate in the
104. A ballot position is every possible selection on the ballot, to include empty spaces.
As stated in the voting systems standards (VSS), “[t]his rate is set at a sufficiently stringent level such
that the likelihood of voting system errors affecting the outcome of an election is exceptionally
105. An update to the FEC VSS was made by the Election Assistance Commission (EAC)
to enhance the FEC VSS standards, which each state has adopted by law.67
106. The FEC VSS standard provides for an error rate of one in 125,000 ballots
(0.0008%) as an alternative to the one in 500,000 ballot positions to make it easier to calculate the
error rate.68
63
See Expert Report of Dennis Nathan Cain (I), App. 52-59; 1411-1418.
64
Id.
65
Id.
66
Id.
67
Id.
68
Id.
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107. The FEC standards, which are incorporated into the Help America Vote Act §
301(a)(5), require that all systems be tested in order to certify that they meet the maximum-
L. Voters’ allegations in each of the Defendant States support that election officials’
absentee ballot errors and improprieties exceed Presidential vote margins.
108. The use of absentee and mail-in ballots skyrocketed in 2020, not only as a public-
health response to the COVID-19 pandemic but also at the urging of mail-in voting’s proponents,
and most especially executive branch officials in Defendant States. According to the Pew Research
Center, in the 2020 general election, a record number of votes—about 65 million—were cast via
mail compared to 33.5 million mail-in ballots cast in the 2016 general election—an increase of more
than 94 percent.70
109. In the wake of the contested 2000 election, the bipartisan Jimmy Carter-James Baker
commission identified absentee ballots as “the largest source of potential voter fraud.”71
110. Concern over the use of mail-in ballots is not novel to the modern era,72 but it
111. Absentee and mail-in voting are the primary opportunities for unlawful ballots to be
cast.
69
Id.
70
Desilver, Drew. Most mail and provisional ballots got counted in past U.S. elections – but many
did not. Pew Research Center. 10 November 2020. https://www.pewresearch.org/fact-
tank/2020/11/10/most-mail-and-provisional-ballots-got-counted-in-past-u-s-elections-but-many-
did-not/ Accessed 12.18.20.
71
Building Confidence in U.S. Elections: Report of the Commission on Federal Elections, at 46 (Sept. 2005).
72
Dustin Waters, Mail-in Ballots Were Part of a Plot to Deny Lincoln Reelection in 1864, Wash. Post (Aug.
22, 2020)
73
Crawford v. Marion Cty. Election Bd., 553 U.S. 181, 194-96 & n.11 (2008); see also Texas Office of the
Attorney General, AG Paxton Announces Joint Prosecution of Gregg County Organized Election Fraud in
Mail-In Balloting Scheme (Sept. 24, 2020); Harriet Alexander & Ariel Zilber, Minneapolis police opens
investigation into reports that Ilhan Omar's supporters illegally harvested Democrat ballots in Minnesota, Daily
Mail, Sept. 28, 2020.
37
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112. Defendant States voters allege that as a result of expanded absentee and mail-in
statutory protections designed to ensure ballot integrity, Defendant States created a massive
113. Defendant States voters allege that the Defendant States have made it difficult or
impossible to separate the constitutionally tainted mail-in ballots from all mail-in ballots.
114. Defendant States voters allege that tather than augment safeguards against illegal
voting in anticipation of the millions of additional mail-in ballots flooding their States, Defendant
States materially weakened, or did away with, security measures, such as witness or signature
verification procedures, required by their respective legislatures. Their legislatures established those
115. Defendant States voters allege, in Defendant States, that Democrat voters voted by
mail at two to three times the rate of Republicans. Thus, the Democratic candidate for President
thus greatly benefited from this unconstitutional usurpation of legislative authority, and the
116. Defendant States voters allege that the outcome of the Electoral College vote is
directly affected by the constitutional violations committed by Defendant States. Defendant States
violated the Constitution in the process of appointing presidential electors by unlawfully abrogating
state election laws designed to protect the integrity of the ballots and the electoral process, and those
117. Plaintiffs will therefore be injured if Defendant States’ unlawful certification of these
Presidential electors, because the Presidential electors have not received state legislative post-election
38
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119. Pennsylvania has 20 electoral votes, with a statewide vote tally currently estimated at
3,363,951 for President Trump and 3,445,548 for former Vice President Biden, a margin of 81,597
votes.75
120. Pennsylvania voters have alleged the number of votes affected by the various
121. By letter dated December 13, 2019, the Auditor General of the Commonwealth of
Agreement between the Pennsylvania Department of State and the Pennsylvania Department of the
Auditor General.
74
See Timeline of Electoral Policy Activities, Issues, and Litigation Pennsylvania, Michigan,
Wisconsin, Georgia, Arizona, and Nevada August 2003 to November 2020, App. 1-20
(demonstrating full extent of inappropriate activities).
75
WNWP 2020 Pennsylvania Election Results. https://www.wnep.com/elections (last visited Dec.
18, 2020).
76
See Auditor General's Performance Audit Report, App. 413-604; see also App. 397-412.
39
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ii. Finding Two: Data analysis identified tens of thousands of potential duplicate
and inaccurate voter records, as well as voter records for nearly three thousand
potentially deceased voters that had not been removed from the SURE system.
iii. Finding Three: The Department of State much implement leading information
technology security practices and information technology general controls to
protect the SURE system and ensure the reliability of voter registration.
iv. Finding Four: Voter record information is inaccurate due to weakness in the
voter registration application process and the maintenance of voter records in
the SURE system.
v. Finding Five: Incorporating edit checks and other improvements into the
design of the replacement system for SURE will reduce data errors and
improve accuracy.
vii. Finding Seven: The Department of State should update current job aids and
develop additional job aids and guidance to address issues such as duplicate
voter records, records of potentially deceased voters on the voter rolls,
pending applications, and records retention. See Auditor General's
Performance Audit Report.77
124. In addition to the Findings, the Performance Audit Report contained specific
detailed Recommendations to correct the significant deficiencies identified in the Findings of the
125. In 2018, Secretary Boockvar was quoted as stating "Rock the Vote's web tool was
connected to our system, making the process of registering through their online programs, and those
77
Supra.
78
Rock the Vote, 2018 Annual Report, pg. 12. https://www.rockthevote.org/wp-
content/uploads/Rock-the-Vote-2018-Annual-Report.pdf. (last visited Dec. 18, 2020).
40
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126. In addition, Plaintiffs have obtained a sworn Affidavit from Jesse Richard Morgan,
who was contracted to haul mail for the United States Postal Service within the Commonwealth of
Pennsylvania. Mr. Morgan’s Affidavit alleges that he was directed to transport from New York to
Pennsylvania what he believes to be completed Pennsylvania ballots in the 2020 General Election.79
127. Plaintiffs based on Pennsylvania voters’ allegations that this matter is currently under
investigation by various entities and that such investigation is essential to the determination of
whether or not approximately 200,000 ballots were delivered into the Pennsylvania System
improperly or illegally. Pending such determination, there is no possible way that the validity of
of ballots in the United States Postal facility at Erie, Pennsylvania. And, further, Francis X. Ryan’s
Report, discussed in detail below, evidences thousands of questionable or improper ballots cast in
129. In addition, Plaintiffs have obtained a Declaration from Ingmar Njus in support of
130. Based on Pennsylvania voters’ allegations, in the run-up to the election, the
Pennsylvania Supreme Court usurped the powers of the General Assembly when it permitted county
boards of election to accept hand-delivered mail-in ballots at locations other than the respective
offices of the boards of election, including through the use of drop-boxes arbitrarily located
79
See Jesse Richard Morgan Declaration, App. 152-179; 605-632; see also Declaration of Leslie J.
Brabandt, App. 187-189; see also Expert Declaration of Roland Smith, App. 190-200.
80
See Francis X. Ryan Declaration, App. 660-666. For additional evidence, see App. 667-834.
81
See Ingmar Njus Declaration, App. 183-186; 633-636.
41
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throughout the county; and, when it extended the deadline for receipt of absentee and mail-in ballots
by three days from 8:00 p.m. on Election Day to 5:00 p.m. on November 6, 2020.82
131. In the same Opinion, the Court held that "although the Election Code provides the
procedure for casting and counting a vote by mail, it does not provide for the 'notice and
132. The Court went on to state "… we agree that the decision to provide a 'notice and
133. Of note, Secretary Boockvar agreed with the Court that Pennsylvania's Election
134. Based on Pennsylvania voters’ allegations, despite the lack of any statutory
authorization or legal authority, county boards of elections in democratic counties, such as,
Montgomery County, routinely helped identify, facilitate and permitted electors to alter their
135. In an October 31, 2020, e-mail, Frank Dean, Director of Mail-in Elections of
Montgomery County emailed the latest list of confidential elector information to two other
Montgomery County election officials, Lee Soltysiak and Josh Stein, and wrote:
82
Pennsylvania Democratic Party v. Boockvar, No. 133 MM 2020, 2020 WL 5554644, at *20 (Pa. Sept. 17,
2020); see also In re: November 3, 2020 General Election, 2020 WL 6252803, at *7 (Pa. Oct. 23, 2020).
83
Id. at 20.
84
Id. at 20.
85
See Carlson Report on Voter Suppression through Executive and Administrative Actions, App. 31-
38.
42
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Election Code that authorizes election officials to manually alter the information contained within
137. In order to cancel or replace an elector's absentee or mail-in ballot, election officials
would be required to manually alter or override the information contained in the Commonwealth's
Election Code that authorizes election officials to cancel and/or replace an elector's absentee or
secrecy in their ballots, election officials in democratic counties, such as Montgomery County, used
the information gathered through their inspection of the ballot envelopes to identify the names of
86
Art. VII, Error! Main Document Only.§4 PA Const.
43
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140. Based on Pennsylvania voters’ allegations, the Excel spreadsheet attached to Director
Dean’s October 31, 2020, e-mail notes that when mail-in or absentee ballot envelopes were found to
be defective, some electors were provided with the opportunity to alter their ballot envelopes.
141. Based on Pennsylvania voters’ allegations, the photograph below shows some of the
thousands of absentee and mail-in ballots pre-canvassed by the Montgomery County Board of
Elections in violation of the Election Code.87 These defective ballots were not secured in any way
142. Further, based on Pennsylvania voters’ allegations, the next picture shows page 1 or
124 pages that include thousands of defective ballot envelopes that Montgomery County elections
officials were trying to "cure" in violation of Pennsylvania's Election Code and Constitution.
87
This “Ballots for Sale” photo was taken on 11/01/2020 by Robert Gillies during a tour of the
Montgomery County mail-in ballot storage and canvass facility.
88
See Expert Declaration of Gregory Moulthrop, App. 48-51.
44
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Pennsylvania's Election Code and the prohibition against efforts to "cure" absentee and mail-in
ballot envelopes, Secretary Boockvar, issued guidance, through Jonathan Marks, the Deputy
Secretary of Elections and Commissions, just hours before Election Day directing county boards of
elections to provide electors who have cast defective absentee or mail-in ballots with provisional
144. The Deputy Secretary for Elections and Commissions issued an email which stated:
45
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Election Day, an elector who previously requested an absentee or mail-in ballot must sign an
affidavit stating "I do solemnly swear or affirm that my name is … and that this is the only ballot
absentee or mail-in ballot and that ballot was received by his or her county board of elections, the
elector cannot truthfully affirm that the provisional ballot is the only ballot cast by them in the
election. The provisional ballot would in fact be a second ballot cast by the elector.
89
25 Pa. Cons. Stat. §3146.8; 25 Pa. Cons. Stat. §3050.
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conveniently timed with the actions of the Democratic Party who apparently considered the matter
to be URGENT.
148. Based on Pennsylvania voters’ allegations, Deputy Secretary Marks issued his email at
8:38 p.m. on November 2, 2020, on the eve of Election Day. Under the Election Code, provisional
ballots are only used on Election Day. Less than twelve hours after Deputy Secretary Marks' email,
the Democratic Party had printed handbills telling electors "Public records show that your ballot had
errors and was not accepted." and to "Go in person to vote at your polling place today by 8:00 EST
47
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149. Based on Pennsylvania voters’ allegations, the effect to utilize provisional ballots to
"cure" defective absentee and mail-in ballots is in clear violation of Pennsylvania's Election Code.
The number of provisional ballots cast in Pennsylvania is approximately 90,000 which is significantly
150. Further, based on Pennsylvania voters’ allegations, it is not clear what Deputy
Secretary Marks intended when he stated "To facilitate communication with these voters, the county
boards of elections should provide information to party and candidate representatives during the
pre-canvassing that identifies the voters whose ballots have been rejected and should promptly
provision for the acceptance or rejection of ballots during the pre-canvassing process, nor does the
Election Code provide boards of elections with the authority to "update the SURE system" so that
an electors who previously submitted an absentee or mail-in ballot may vote with a provisional
ballot.
152. The Pennsylvania Supreme Court ruled that county boards of elections are
prohibited from using signature comparison to challenge and reject absentee or mail-in ballots.90
153. Based on Pennsylvania voters’ allegations, the Court's decision is contrary to the
154. In addition, the Pennsylvania Supreme Court ruled that county boards of elections
could prevent and exclude designated representatives of the candidates and political parties, who are
authorized by the Election Code to observe the pre-canvassing and canvassing of ballots, from
90
In Re: November 3, 2020, General Election, 149 MM 2020 (Oct. 23, 2020).
91
See In Re: Canvassing Observation, 30 EAP 2020 (Nov. 17, 2020).
48
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candidates and the Republican Party attempted to observe the actions of election officials; however,
the authorized representatives were routinely denied the access necessary to properly observe the
handling of ballot envelopes and ballots during the pre-canvassing and canvassing process.
156. Plaintiffs have obtained a sworn Affidavit from Gregory Stenstrom, who was
appointed by the Delaware County Republican Party to observe the election process within
Delaware County. Mr. Stenstrom attests to numerous election code violations by the Delaware
County Board of Elections. Plaintiffs have numerous other Declarations regarding similar election
157. Based on Pennsylvania voters’ allegations, absentee and mail-in ballots are required
to be canvassed in accordance with subsection (g) of Section 3146.8 - Canvassing of official absentee
158. Based on Pennsylvania voters’ allegations, Pennsylvania's Election Code defines the
term "pre-canvass" to mean "the inspection and opening of all envelopes containing official
absentee ballots or mail-in ballots, the removal of such ballots from the envelopes and the counting,
computing and tallying of the votes reflected on the ballots. The term does not include the recording
92
See Gregory Stenstrom Declaration, Appendix pgs. 129-151; 637-659; see Expert Opinion of
Anthony J. Couchenor, App. 42-47; see also expert opinion of Jovan Hutton Pulitizer, App. 90-118.
93
25 Pa. Cons. Stat. §3146.8(g) (1)(i-ii) & (1.1).
94
25 Pa. Cons. Stat. § 2602(q.1).
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159. Prior to any pre-canvassing meeting, county boards of elections are required to
provide at least forty-eight hours’ notice by publicly posting a notice of a pre-canvass meeting on its
160. Each candidate and political party is entitled to have one designated and authorized
representative in the room any time absentee and mail-in ballots are being canvassed by a board of
elections.96
161. The candidates' watchers or other representatives are permitted to be present any
time the envelopes containing absentee and mail-in ballots are opened.97
162. The candidates and political parties are entitled to have watchers present any time
such as Montgomery, election would weigh absentee and mail-in ballot envelopes to determine
whether secrecy envelopes were contained within the outer envelopes. Election officials would also
review and inspect the absentee and mail-in ballot envelopes to determine whether they complied
165. Based on Pennsylvania voters’ allegations, under the Election Code, county boards
of elections are required, upon receipt of sealed official absentee and mail-in ballot envelopes, to
95
25 Pa. Cons. Stat. § 3146.8(g)(1.1.).
96
25 Pa. Cons. Stat. §3146.8(g)(2).
97
25 Pa. Cons. Stat. §3146.8.
98
25 Pa. Cons. Stat. §2650(a).
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"safely keep the ballots in sealed or locked containers until they are to be canvassed by the county
board of elections."99
166. County boards of elections are prohibited from pre-canvassing absentee and mail-in
167. As such, from the time ballot envelopes are received by county boards of elections
through 7:00 a.m. on Election Day, the ballot envelopes are to be safely kept in sealed or locked
containers.101 Stated in a different way, county boards of elections are not permitted to remove
absentee and mail-in ballot envelopes from their sealed or locked containers until the ballots are pre-
168. Based on Pennsylvania voters’ allegations, the Pennsylvania Supreme Court ruled
that county boards of elections were not required to enforce or follow Pennsylvania's Election Code
requirements for absentee and mail-in ballot envelopes, including the requirements related to elector
169. During pre-canvasing, county boards of elections are required to examine each ballot
cast to determine if the declaration envelope is properly completed and to compare the information
with the information contained in the Registered Absentee and Mail-in Voters File.103
170. Only then are county boards of elections authorized to open the outer envelope of
every unchallenged absentee or mail-in envelope in such a manner so as not to destroy the
99
25 Pa. Cons. Stat. §3146.8(a).
100
25 Pa. Cons. Stat. § 3146.8(g)(1.1.)
101
25 Pa. Cons. Stat. §3146.8(a).
102
In Re: Canvass of Absentee and Mail-in Ballots of November 3, 2020 General Election, 31 EAP 2020 (Nov.
23, 2020).
103
25 Pa. Cons. Stat. § 3146.8(g)(3).
104
25 Pa. Cons. Stat. § 3146.8(g)(4)(i).
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such as Allegheny County, election officials disregarded the requirements of the Election Code and
counted absentee and mail-in ballot ballots with defective elector signatures, addresses, dates, and
signed declarations.105 In other counties, such as Westmoreland, such ballots were not counted by
as set forth above, Plaintiffs have produced an expert report authored by Francis X. Ryan who could
testify and identify significant and dispositive discrepancies and errors which call into questions the
173. Based on Pennsylvania voters’ allegations, as described above, the 2020 General
Election in Pennsylvania was fraught with numerous violations of Pennsylvania's Election Code
perpetrated by predominantly Democratic county election officials. In addition, there are countless
documented election irregularities and improprieties that prevent an accurate accounting of the
174. Based on Pennsylvania voters’ allegations, many of the irregularities directly relate to
the county boards of elections' handing of absentee and mail-in ballots; the pre-canvassing and
canvassing of ballots; the failure to permit legally appropriate and adequate oversight and
transparency of the process; and, the failure to maintain and secure ballot integrity and security
175. Based on Pennsylvania voters’ allegations, as such, the 2020 General Election results
are so severely flawed that it is impossible to certify the accuracy of the purported results.
105
In Re: Canvass of Absentee and Mail-in Ballots of November 3, 2020 General Election, 31 EAP 2020 (Nov.
23, 2020).
106
See Francis X. Ryan Declaration, App. 660-666. For additional evidence see App. 667-834.
52
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176. Based on analysis by data analyst Matthew Braynard and Professor Steven J. Miller,
in Pennsylvania, the government data shows election officials’ absentee ballot errors of 121,297 far
177. According to the Braynard-Miller analysis, the government data shows election
officials’ absentee ballot error rate of at least 1.43% which far exceeds federal law’s pre-election
certification error rate for voting systems’ hardware and software of 0.0008%.108
107
See Chart and Pennsylvania Declaration of Matthew Braynard, App. 1331-1340 ¶3.
108
See Expert Report of Dennis Nathan Cain (III), App. 1433-1445.
109
See Declaration of Steven J. Miller, App. 1325-1330.
110
Id.
111
See Pennsylvania Declaration of Matthew Braynard, App. 1331-1340 ¶3.
112
See Pennsylvania Declaration of Matthew Braynard, App. 1331-1340.
113
See Pennsylvania Declaration of Matthew Braynard, App. 1331-1340 ¶4.
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2. State of Georgia voters allege election official errors and improprieties which
exceed the Presidential vote margin.114
178. State of Georgia voters allege election official errors and improprieties which exceed
179. Georgia has 16 electoral votes, with a statewide vote tally currently estimated at
2,458,121 for President Trump and 2,472,098 for former Vice President Biden, a margin of
180. The number of votes affected by the various constitutional violations exceeds the
Raffensperger, without legislative approval, unilaterally abrogated Georgia’s statute governing the
182. O.C.G.A. § 21-2-386(a)(2) prohibits the opening of absentee ballots until after the
polls open on Election Day: In April 2020, however, the State Election Board adopted Secretary of
183. Based on Georgia voters’ allegations, that rule purports to authorize county election
officials to begin processing absentee ballots up to three weeks before Election Day.
184. Based on Georgia voters’ allegations, Georgia law authorizes and requires a single
registrar or clerk—after reviewing the outer envelope—to reject an absentee ballot if the voter failed
to sign the required oath or to provide the required information, the signature appears invalid, or the
114
For full extent of inappropriate activities, see Timeline of Electoral Policy Activities, Issues, and
Litigation Pennsylvania, Michigan, Wisconsin, Georgia, Arizona, and Nevada August 2003 to
November 2020, Appendix 1-20.
115
See Expert Declaration of Harry Haury, Appendix 69-89.
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required information does not conform with the information on file, or if the voter is otherwise
185. Georgia law provides absentee voters the chance to “cure a failure to sign the oath,
an invalid signature, or missing information” on a ballot’s outer envelope by the deadline for
verifying provisional ballots (i.e., three days after the election).117 To facilitate cures, Georgia law
requires the relevant election official to notify the voter in writing: “The board of registrars or
absentee ballot clerk shall promptly notify the elector of such rejection, a copy of which notification
shall be retained in the files of the board of registrars or absentee ballot clerk for at least two
years.”118
186. Based on Georgia voters’ allegations, on March 6, 2020, in Democratic Party of Georgia
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
187. Based on Georgia voters’ allegations, among other things, before a ballot could be
rejected, the Settlement required a registrar who found a defective signature to now seek a review by
two other registrars, and only if a majority of the registrars agreed that the signature was defective
could the ballot be rejected but not before all three registrars’ names were written on the ballot
envelope along with the reason for the rejection. These cumbersome procedures are in direct
116
O.C.G.A. § 21-2-386(a)(1)(B)-(C).
117
O.C.G.A. §§ 21-2-386(a)(1)(C), 21-2-419(c)(2).
118
O.C.G.A. § 21-2-386(a)(1)(B).
119
See Expert Report of A.J. Jaghori, Appendix 39-41. See Settlement Agreement, Appendix 1222-
1229.
120
O.C.G.A. § 21-2-386(a)(1)(B).
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conflict with Georgia’s statutory requirements, as is the Settlement’s requirement that notice be
provided by telephone (i.e., not in writing) if a telephone number is available. Finally, the Settlement
purports to require election officials to consider issuing guidance and training materials drafted by an
188. Based on Georgia voters’ allegations, Georgia’s legislature has not ratified these
material changes to statutory law mandated by the Compromise Settlement Agreement and Release,
including altered signature verification requirements and early opening of ballots. The relevant
legislation that was violated by Compromise Settlement Agreement and Release did not include a
severability clause.
189. Based on Georgia voters’ allegations, this unconstitutional change in Georgia law
materially benefitted former Vice President Biden. According to the Georgia Secretary of State’s
office, former Vice President Biden had almost double the number of absentee votes (65.32%) as
190. Based on Georgia voters’ allegations, specifically, there were 1,305,659 absentee
mail-in ballots submitted in Georgia in 2020. There were 4,786 absentee ballots rejected in 2020.
This is a rejection rate of .37%. In contrast, in 2016, the 2016 rejection rate was 6.42% with 13,677
absentee mail-in ballots being rejected out of 213,033 submitted, which more than seventeen times
191. Based on Georgia voters’ allegations, if the rejection rate of mailed-in absentee
ballots remained the same in 2020 as it was in 2016, there would be 83,517 less tabulated ballots in
2020. The statewide split of absentee ballots was 34.68% for Trump and 65.2% for Biden. Rejecting
at the higher 2016 rate with the 2020 split between Trump and Biden would decrease Trump votes
121
See Charles J. Cicchetti Declaration at ¶ 24, Appendix pgs. 1315-1324.
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by 28,965 and Biden votes by 54,552, which would be a net gain for 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. Regardless of the number of ballots affected, however, the non-legislative
192. Further, based on Georgia voters’ allegations, the Zuckerberg-funded absentee drop
193. Georgia is comprised of 159 counties. In 2016, Hillary Clinton garnered 1,877,963
votes in the state of Georgia.123 Clinton won four counties in major population centers, Fulton
(297,051), Cobb (160,121), Gwinnett (166,153), and Dekalb Counties (251,370).124 These four
194. Georgia has 300 total drop boxes for electors to submit absentee ballots.126
195. In 2020, Georgia counties utilized CTCL funding to install additional drop boxes in
areas that would make it easier for voters to cast their absentee ballot. The four counties won by the
196. Fulton County was home to 39 drop boxes127, Cobb County provided 16 drop
boxes,128 23 drop boxes in Gwinnett County129, and Dekalb County has 34 boxes.130
122
See App. 1168-1234; 1477-1491.
123
Georgia Election Results 2016 – The New York Times (nytimes.com)
124
Georgia Election Results 2016 – The New York Times (nytimes.com)
125
Georgia Election Results 2016 – The New York Times (nytimes.com)
126
https://georgiapeanutgallery.org/2020/09/28/drop-box-locations-for-november-3-2020-
election/
127
Fulton County nearly doubles number of ballot drop off boxes (fox5atlanta.com)
128
https://www.cobbcounty.org/elections/news/6-additional-absentee-ballot-drop-boxes-available-
september-23rd
129
https://www.gwinnettcounty.com/static/departments/elections/2020_Election/pdf/BallotDrop
BoxMap_2020.pdf
130
https://www.dekalbcountyga.gov/sites/default/files/users/user304/DeKalb%20Dropbox%20L
ocations%20103120%20V7.pdf
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197. These four localities account for 112 drop boxes, spread out over 1,587 square
miles.131 Meaning, voters in these four Clinton strongholds have one drop box for every 14 square
miles. Meanwhile, in the remaining 155 counties, spread out over 55,926 square miles, a republican
voter will find one drop box for every 294 square miles.
198. Based on Georgia voters’ allegations, the effect of this unconstitutional change in
Georgia election law, which made it more likely that ballots without matching signatures would be
199. Finally, in Georgia, analysis of government data by data analyst Matthew Braynard
and Professor Qianying (Jennie) Zhang shows election officials’ absentee ballot errors of 204,143 far
200. And, the Braynard-Zhang analysis of the government data shows election officials’
absentee ballot error rate of at least 1.28% which far exceeds federal law’s pre-election certification
43,688
131
The areas for the respective counties are: Fulton 534 square miles; Cobb 345 square miles;
Gwinnett 437 square miles; and DeKalb 271 square miles.
132
See Appendix 1235-1311.
133
See Chart and Georgia Expert Report of Matthew Braynard, Appendix pgs. 1350-1374.
134
See Expert Report of Dennis Nathan Cain (III), Appendix 1433-1445.
135
See Georgia Expert Report of Qianying (Jennie) Zhang, Appendix pgs. 1341-1349 ¶ 1.
58
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TOTAL 204,143
of total votes cast 4,998,482
*May overlap.
3. State of Michigan voters allege election official errors and improprieties which
exceed the Presidential vote margin. 140
201. State of Michigan voters allege election official errors and improprieties which
136
See Georgia Expert Report of Qianying (Jennie) Zhang, Appendix pgs. 1341-1349.
137
See Georgia Expert Report of Matthew Braynard, Appendix pgs. 1350-1374. ¶3.
138
See Georgia Expert Report of Matthew Braynard, Appendix pgs. 1350-1374.
139
See Georgia Expert Report of Matthew Braynard, Appendix pgs. 1350-1374. ¶4.
140
For full extent of inappropriate activities See Timeline of Electoral Policy Activities, Issues, and
Litigation Pennsylvania, Michigan, Wisconsin, Georgia, Arizona, and Nevada August 2003 to
November 2020, Appendix 1-20.
59
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202. Michigan has 16 electoral votes, with a statewide vote tally currently estimated at
2,650,695 for President Trump and 2,796,702 for former Vice President Biden, a margin of 146,007
votes. In Wayne County, Mr. Biden’s margin (322,925 votes) significantly exceeds his statewide lead.
203. Based on Michigan voters’ allegations, the number of votes affected by the various
204. Michigan law generally allows the public the right to observe the counting of ballots.
See MCL 168.765a(12)(“At all times, at least 1 election inspector from each major political party
must be present at the absent voter counting place and the policies and procedures adopted by the
secretary of state regarding the counting of absent voter ballots must be followed.”).
205. The Michigan Constitution provides all lawful voters with “[t]he right to have the
results of statewide elections audited, in such a manner as prescribed by law, to ensure the accuracy
206. Indeed, “[a]ll rights set forth in this subsection shall be self-executing. This
subsection shall be liberally construed in favor of voters’ rights in order to effectuate its
purposes.”142
207. The public’s right to observe applies to counting both in-person and absentee
ballots.143
141
Mich. Const. 1963, art 2, § 4(1)(h).
142
Id. (emphasis added).
143
Regrettably, Defendants and their agents have exclusive possession of the ballots, ballot boxes,
and other indicia of voting irregularities so a meaningful audit cannot timely occur. Normally, “[a]
person requesting access to voted ballots is entitled to a response from the public body within 5 to
10 business days; however, the public body in possession of the ballots may not provide access for
inspection or copying until 30 days after certification of the election by the relevant board of
canvassers.” Op.Atty.Gen.2010, No. 7247, 2010 WL 2710362.
60
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208. Based on Michigan voters’ allegations, Michigan’s election officials failed to grant
211. Based on Michigan voters’ allegations, the City of Detroit’s observation procedures,
for example, failed to ensure transparency and integrity as it did not allow the public to see election
officials during key points of absentee ballot processing in the AVCBs at TCF Arena (f/k/a Cobo
Hall). Id.
212. Based on Michigan voters’ allegations, these irregularities were repeated elsewhere in
213. Based on Michigan voters’ allegations, for instance, when absentee ballots arrived,
the ballots should have been in an envelope, signed, sealed (and delivered) by the actual voter. Often
it was not.
144
See Michigan Petitioners Appendix, Appendix 835; Affidavit of Andrew John Miller, Appendix
1313-1314 at ¶12. Affidavit of Angelic Johnson, Appendix 860-861 at ¶12; Affidavit of Zachary C.
Larsen, Appendix 836-845 at ¶¶37-55; Affidavit of G Kline Preston IV, Appendix 886-889 at ¶8;
Affidavit of Articia Boomer, Appendix 897-900 at ¶21; Affidavit of Phillip O’Halloran, Appendix 901-
910 at ¶¶18-19; Affidavit of Robert Cushman, Appendix 928-930 at ¶3; Affidavit of Jennifer Seidl,
Appendix 931-938 at ¶6; Affidavit of Andrew Sitto, Appendix 890-893 at ¶¶23; Affidavit of Kristina
Karamo, Appendix 894-896 at ¶5; Affidavit of Jennifer Seidl, Appendix 931-938 at ¶35, 932 at ¶42;
Affidavit of Cassandra Brown Appendix 939-944 at ¶33; Affidavit of Adam di Angeli, Appendix
951-967 at ¶30; Affidavit of Kayla Toma Appendix 977-983 at ¶¶14-15, 978 at ¶21, 979 at ¶¶31-32;
Affidavit of Matthew Mikolajczak, Appendix 985-991; Affidavit of Braden Giacobazzi, Appendix
995-1000 at ¶¶3, 5, 996 at ¶8; Affidavit of Kristy Klamer Appendix 1006-1009 at ¶¶4-5, 1007 at ¶¶6-
9.
145
See, generally, Affidavits of Cassandra Brown Appendix 939-944 at ¶34; Lucille Ann Huizinga,
Appendix 1016-1020 at ¶31; Laurie Ann Knott, Appendix 1010-1015 at ¶¶34-35; Marilyn Jean
Nowak Appendix 1021-1023 at ¶17; Marlene K. Hager, Appendix 1024-1027 at ¶¶19-23; and Sandra
Sue Workman Appendix 1028-1032 at ¶33 (allegedly sending ballots from Grand Rapids to TCF
Center to be processed and counted).
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214. Based on Michigan voters’ allegations, ballots were taken from their envelopes and
inspected to determine whether any deficiencies would obstruct the ballot from being fed through a
tabulation machine. If any deficiencies existed (or were created by tampering), the ballot was hand
duplicated.
215. Based on Michigan voters’ allegations, Democrat officials and election workers
repeatedly scanned ballots in high-speed scanners, often counting the same ballot more than once.146
216. Based on Michigan voters’ allegations, the evidence will also show that these hand
duplication efforts ignored the legislative mandate to have one person from each major party sign
every duplicated vote (i.e., one Republican and one Democrat had to sign each “duplicated” ballot
217. Based on Michigan voters’ allegations, several poll watchers, inspectors, and other
218. Based on Michigan voters’ allegations, these unlawful practices provided cover for
careless or unscrupulous officials or workers to mark choices for any unfilled elections or questions
on the ballot, potentially and substantially affecting down ballot races where there are often
219. Based on Michigan voters’ allegations, there were many issues of mistake, fraud, and
other malfeasance at the TCF Center during the Election and during the counting process
146
Affidavit of Articia Boomer, Appendix 897-899 at ¶¶10-11, 13; Affidavit of William Carzon,
Appendix 973-976 at ¶8; Affidavit of Matthew Mikolajczak Appendix 985-991; Affidavit of Melissa
Carone, Appendix 992-994 at ¶¶3-4.
147
Affidavit of Melissa Carone, Appendix 992-994 at ¶9.
148
See Expert Declaration of Dennis Nathan Cain (II), Appendix 60-68.
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thereafter.149
220. Based on Michigan voters’ allegations, on election day, election officials at the TCF
Center systematically processed and counted ballots from voters whose names failed to appear in
either the Qualified Voter File (“QVF”) or in the supplemental sheets. When a voter’s name could
not be found, the election worker assigned the ballot to a random name already in the QVF to a
221. Based on Michigan voters’ allegations, on election day, election officials at the TCF
Center instructed election workers to not verify signatures on absentee ballots, to backdate absentee
222. Based on Michigan voters’ allegations, after the statutory deadlines passed and local
officials had announced the last absentee ballots had been received, another batch of unsecured and
unsealed ballots, without envelopes, arrived in unsecure trays at the TCF Center.
223. Based on Michigan voters’ allegations, there were tens of thousands of these late-
arriving absentee ballots, and apparently every ballot was counted and attributed only to Democratic
candidates.152
224. Based on Michigan voters’ allegations, election officials at the TCF Center instructed
election workers to process ballots that appeared after the election deadline and to inaccurately
report or backdate those ballots as having been received before the November 3, 2020, deadline.153
225. Based on Michigan voters’ allegations, election officials at the TCF Center
149
See Affidavit of Senator Ruth Johnson, Appendix at 849-850.
150
See Affidavit of Zachary C. Larsen, Appendix 836-845 at ¶33; Affidavit of Robert Cushman,
Appendix 928-930 at ¶7.
151
See Affidavit of Jessy Jacobs, Appendix 846-848 at ¶15.
152
See Affidavit of John McGrath Appendix 968-972 at ¶8.
153
See Affidavit of Jessy Jacobs, Appendix 846-848 at ¶17.
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226. Based on Michigan voters’ allegations, many times, the election workers overrode the
software by inserting new names into the QVF after the election deadline or recording these new
227. Based on Michigan voters’ allegations, each day before the election, City of Detroit
election workers and employees coached voters to vote for Joe Biden and the Democratic Party
candidates.156
228. Based on Michigan voters’ allegations, these workers, employees, and so-called
consultants encouraged voters to vote a straight Democratic Party ticket. These election workers
went over to the voting booths with voters to watch them vote and to coach them as to which
229. Based on Michigan voters’ allegations, before and after the statutory deadline,
unsecured ballots arrived at the TCF Center loading garage, loose on the floor not in sealed ballot
230. Based on Michigan voters’ allegations, election officials and workers at the TCF
Center duplicated ballots by hand without allowing poll challengers to check if the duplication was
accurate.159
154
Affidavit of Cassandra Brown, Appendix 939-944 at ¶33.
155
See Affidavit of John McGrath Appendix 968-972 at ¶8; Affidavit of Kristina Karamo Appendix
894-896 at ¶6; Affidavit of Robert Cushman, Appendix 928-930 at ¶¶10-12, 929 at ¶16; Affidavit of
Jennifer Seidl, Appendix 931-938 at ¶¶52-53; Affidavit of Braden Giacobazzi Appendix 995-1000 at
¶10; Affidavit of Kristy Klamer Appendix 1006-1009 at ¶13.
156
See Affidavit of Jessy Jacobs, Appendix 846-848 at ¶8.
157
See Affidavit of Jessy Jacobs, Appendix 846-848 at ¶8.
158
Affidavit of Articia Boomer, Appendix 897-900 at ¶8, 898 at ¶¶9, 18.
159
See Affidavit Andrew Sitto, Appendix 890-893 at ¶9; Affidavit of Phillip O’Halloran Appendix
901-910 at ¶22; Affidavit of Cynthia O’Halloran Appendix 911-914; Affidavit of Eugene Dixon,
Appendix 947-948 at ¶5; Affidavit of Jason Humes Appendix 918-922.
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231. Based on Michigan voters’ allegations, election officials repeatedly obstructed poll
232. Based on Michigan voters’ allegations, election officials violated the plain language of
the law MCL 168.765a by permitting thousands of ballots to be filled out by hand and duplicated on
233. Based on Michigan voters’ allegations, after poll challengers started uncovering the
statutory violations at the TCF Center, election officials and workers locked credentialed challengers
out of the counting room so they could not observe the process, during which time tens of
234. Based on Michigan voters’ allegations, in September, the Detroit City council
approved a $1 million contract for the staffing firm P.I.E. Management, LLC to hire up to 2,000
workers to work the polls and to staff the ballot counting machines at the TCF Center. P.I.E.
235. Based on Michigan voters’ allegations, a week after approval, P.I.E. Management,
LLC began advertising for workers, stating, “Candidates must be 16 years or older. Candidates are
required to attend a 3-hour training session before the General Election. The position offers two
160
See Affidavit of Zachary C. Larsen, Appendix 836-845 at ¶¶37-55; Affidavit of Janice Hermann,
Appendix 915-917 at ¶5; Affidavit of Jennifer Seidl, Appendix 931-938 at ¶29, 932 at ¶42; Affidavit
of Cassandra Brown, Appendix 939-944 at ¶33.
161
See Affidavit of Zachary C. Larsen, Appendix 836-845 at ¶¶37-55; Affidavit of Janice Hermann,
Appendix 915-917 at ¶5; Affidavit of Jennifer Seidl, Appendix 931-938 at ¶29, 932 at ¶32, 933 at
¶42; Affidavit of Cassandra Brown, Appendix 939-944 at ¶¶33; Affidavit of Anna England,
Appendix 949-950 at ¶¶5,7; Affidavit of Matthew Mikolajczak Appendix 985-991; Affidavit of
Braden Giacobazzi, Appendix 995-1000 at ¶6.
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Consequently, these temporary workers were earning at least $50 per hour—far exceeding prevailing
236. Based on Michigan voters’ allegations, the evidence exists to show that this money
and much more came from a single private source: Mark Zuckerberg and his spouse, through the
charity called Center for Tech and Civic Life (CTCL), which paid over $400 million nationwide to
237. Based on Michigan voters’ allegations, the improper private funding to Michigan
processing ballots at the TCF Center without confirming that the voter was eligible to vote.164
assigning ballots to different voters, causing a ballot being counted for a non-eligible voter by
240. All lawful absentee ballots were supposed to be in the QVF system by 9:00 p.m. on
November 3, 2020.
241. This deadline had to bet met to ensure an accurate final list of absentee voters who
returned their ballots before the statutory deadline of 8:00 p.m. on November 3, 2020.
162
See, generally, Expert Report of James Carlson, Appendix pgs. 21-30.
163
See Expert Report of James Carlson, Appendix pgs. 1079-1111.
164
See Affidavit of Zachary C. Larsen, Appendix 836-845 at ¶12.
165
See Affidavit of John McGrath Appendix 968-972 at ¶8; Affidavit of Kristina Karamo Appendix
894-896 at ¶6; Affidavit of Robert Cushman, Appendix 928-930 at ¶¶10-12, 929 at ¶16; Affidavit of
Jennifer Seidl, Appendix 931-938 at ¶¶52-53; Affidavit of Braden Giacobazzi Appendix 995-1000 at
¶10; Affidavit of Kristy Klamer Appendix 1006-1009 at ¶13.
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242. To have enough time to process the absentee ballots, election officials told polling
locations to collect the absentee ballots from the drop-boxes every hour on November 3, 2020.
election whistleblower at the TCF Center was told to improperly pre-date the receive date for
absentee ballots that were not in the QVF as if they had been received on or before November 3,
2020. The Whistleblower swore she was told to alter the information in the QVF to inaccurately
show that the absentee ballots had been timely received. She estimates that this was done to
thousands of ballots.166
244. Based on Michigan voters’ allegations, an election worker in the City of Detroit
observed several people who came to the polling place to vote in-person, but they had already
245. Based on Michigan voters’ allegations, election officials allowed these people to vote
in-person, and they did not require them to return the mailed absentee ballot or sign an affidavit that
the voter lost or “spoiled” the mailed absentee ballot as required by law and policy.
246. Based on Michigan voters’ allegations, this illicit process allowed people to vote in
person and to send in an absentee ballot, thereby voting twice. This “double voting” was made
possible by the unlawful ways in which election officials were counting and inputting ballots at the
247. Based on Michigan voters’ allegations, the Secretary of State’s absentee ballot scheme
166
See Affidavit of Jessy Jacobs, Appendix 846-848 at ¶17.
167
See Affidavit of Jessy Jacobs, Appendix 846-848 at ¶10; Affidavit of Anna England, Appendix
949-950 at ¶45.
168
See, also, Expert Report of Matthew Braynard, Appendix 1112-1122 at ¶6.
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248. Based on Michigan voters’ allegations, early in the morning of November 4, 2020,
tens of thousands of ballots were suddenly brought into the counting room at the TCF Center
249. Based on Michigan voters’ allegations, these new ballots were brought to the TCF
250. Based on Michigan voters’ allegations, whistleblowers claim that all of these new
251. Based on Michigan voters’ allegations, these ballots still do not share or have the
markings establishing the proper chain of custody from valid precincts and clerks and are among the
252. Based on Michigan voters’ allegations, the ballot counters needed to check every
ballot to confirm that the name on the ballot matched the name on the electronic poll list—the list
of all persons who had registered to vote on or before November 1, 2020 (the QVF).
253. Based on Michigan voters’ allegations, the ballot counters were also provided with
supplemental sheets which had the names of all persons who had registered to vote on either
169
See Affidavit of John McGrath Appendix 968-972 at ¶4 (around 3:00 a.m.); Affidavit of Articia
Boomer, Appendix 897-900 at ¶18 (around 4:00 a.m.); Affidavit of William Carzon, Appendix 973-
976 at ¶11 (around 4:00 a.m.); Affidavit Andrew Sitto, Appendix 890-893 at ¶16 (alleges about 4:30
a.m.).
170
See Affidavit of Andrew Sitto, Appendix 890-893 at ¶15.
171
See Affidavit of Andrew Sitto, Appendix 890-893 at ¶¶17-18.
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254. Based on Michigan voters’ allegations, the validation process for a ballot requires the
name on the ballot match with a registered voter on either the QVF or the supplemental sheets.
November 4, 2020, several more boxes of ballots were brought to the TCF Center. This was a
256. Based on Michigan voters’ allegations, election officials instructed the ballot counters
to use the “default” date of birth of January 1, 1900, on all of these newly appearing ballots.172
257. Based on Michigan voters’ allegations, mone of the names on these new ballots
corresponded with any registered voter on the QVF or the supplemental sheets.173
258. Based on Michigan voters’ allegations, despite election rules requiring all absentee
ballots to be inputted into the QVF system before 9:00 p.m. the day before, election workers
inputted these new ballots into the QVF, manually adding each voter to the list after the deadline.
259. Based on Michigan voters’ allegations, almost all of these new ballots were entered
into the QVF using the “default” date of birth of January 1, 1900.174
260. Based on Michigan voters’ allegations, these newly received ballots were either
fabricated or apparently cast by persons who were not registered to vote before the polls closed at
172
See Affidavit of John McGrath Appendix 968-972 at ¶8; Affidavit of Kristina Karamo Appendix
894-896 at ¶6; Affidavit of Robert Cushman, Appendix 928-930 at ¶¶10-12, 929 at ¶16; Affidavit of
Jennifer Seidl, Appendix 931-938 at ¶¶52-53; Affidavit of Braden Giacobazzi Appendix 995-1000 at
¶10; Affidavit of Kristy Klamer Appendix 1006-1009 at ¶13.
173
See Affidavit of John McGrath, Appendix 968-972 at ¶¶7, 14, 969 at ¶¶16-18.
174
See Affidavit of John McGrath, Appendix 968-972 at ¶8; Affidavit of Kristina Karamo, Appendix
894-896 at ¶6; Affidavit of Robert Cushman, Appendix 928-930 at ¶¶10-12, 929 at ¶16; Affidavit of
Jennifer Seidl, Appendix 931-938 at ¶¶52-53; Affidavit of Braden Giacobazzi, Appendix 995-1000 at
¶10; Affidavit of Kristy Klamer, Appendix 1006-1009 at ¶13.
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261. Based on Michigan voters’ allegations, these ballots still do not share or have the
markings establishing the proper chain of custody from valid precincts and clerks and are among the
262. Based on Michigan voters’ allegations, this means there were more votes tabulated
than there were ballots in over 71% of the 134 AVCBs in Detroit. That equates to over 95 AVCB
263. Based on Michigan voters’ allegations, according to public testimony before the state
canvassers on November 23, City of Detroit Election Consultant Daniel Baxter admitted in some
instances the imbalances exceeded 600 votes per AVCB. He did not reveal the total disparity.
264. Based on Michigan voters’ allegations, many election challengers were denied access
265. Based on Michigan voters’ allegations, after denying access to the counting rooms,
election officials at the TCF Center used large pieces of cardboard to block the windows to the
counting room, thereby preventing anyone from watching the ballot counting process.177
175
See generally Affidavits of Monica Palmer and William Hartman, Appendix 851-859 at ¶6 and 852
at ¶14.
176
See Affidavit of Angelic Johnson, Appendix 860-861 at ¶12; Affidavit of Zachary C. Larsen,
Appendix 836-845 at ¶¶37-55; Affidavit of G Kline Preston IV, Appendix 886-889 at ¶8; Affidavit
of Articia Boomer, Appendix 897-900 at ¶21; Affidavit of Phillip O’Halloran, Appendix 901-910 at
¶¶18-19; Affidavit of Robert Cushman, Appendix 928-930 at ¶3; Affidavit of Jennifer Seidl,
Appendix 931-938 at ¶6; Affidavit of Andrew Sitto, Appendix 890-893 at ¶23; Affidavit of Kristina
Karamo, Appendix 894-896 at ¶5; Affidavit of Jennifer Seidl, Appendix 931-938 at ¶35, 932 at ¶42;
Affidavit of Cassandra Brown Appendix 939-944 at ¶33; Affidavit of Adam di Angeli Appendix 951-
967 at ¶30; Affidavit of Kayla Toma Appendix 977-983 at ¶¶14-15, 979 at ¶21, 980 at ¶¶31-32;
Affidavit of Matthew Mikolajczak Appendix 985-991; Affidavit of Braden Giacobazzi Appendix
995-1000 at ¶¶3, 5, 996 at ¶8; Affidavit of Kristy Klamer Appendix 1006-1009 at ¶¶4-5, 1007 at ¶¶6-
9.
177
See Affidavit of Zachary C. Larsen, Appendix 836-845 at ¶52; Affidavit of John McGrath
Appendix 968-972 at ¶10; Affidavit of Andrew Sitto, Appendix 890-893 at ¶22.
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266. Based on Michigan voters’ allegations, election officials have continued to conceal
their efforts by refusing meaningful bipartisan access to inspect the ballots. Even if Republicans
were involved in oversight roles by statute (such as with the Wayne County Canvassing Board), the
Republican members have been harassed, threatened, and doxed (including publicly revealing where
their children go to school) to pressure them to capitulate and violate their statutory duties. This
267. Based on Michigan voters’ allegations, whenever an absentee voter application or in-
person absentee voter registration was finished, election workers at the TCF Center were instructed
to input the voter’s name, address, and date of birth into the QVF system.
268. Based on Michigan voters’ allegations, the QVF system can be accessed and edited
by any election processor with proper credentials in the State of Michigan at any time and from any
269. Based on Michigan voters’ allegations, this access permits anyone with the proper
credentials to edit when ballots were sent, received, and processed from any location with Internet
access.
270. Based on Michigan voters’ allegations, many of the counting computers within the
counting room had icons that revealed that they were connected to the Internet.
178
See Affidavit of William Hartman; Appendix 851-856 at ¶8; Affidavit of Monica Palmer,
Appendix 857-859 at ¶¶18-22, and 24; Affidavit of Dr. Phillip O’Halloran, Appendix 901-910 at
¶24-25; Affidavit of Jennifer Seidl, Appendix 931-938 at ¶23, 932 at ¶¶27, 30-31, 933 at ¶¶36-37;
Affidavit of Eugene Dixon, Appendix 947-48 at ¶9; Affidavit of Matthew Mikolajczak, Appendix
985-991; Affidavit of Mellissa Carone Appendix 992-994 at ¶12; Affidavit of Braden Giacobazzi,
Appendix 995-1000 at ¶3, 996 at ¶7, 997 at 12, 998 at ¶¶12-14; Affidavit of Kaya Toma Appendix
977-983 at ¶15; Affidavit of Kristy Klamer Appendix 1009-1009 at ¶¶4-5, 1010 at ¶¶6-9.
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271. Based on Michigan voters’ allegations, Secretary of State Benson executed a contract
to give a private partisan group, Rock the Vote, unfettered real-time access to Michigan’s QVF.179
272. Based on Michigan voters’ allegations, Benson sold or gave Michigan citizens’ private
273. Based on Michigan voters’ allegations, Benson and the State repeatedly concealed
this unlawful contract and have refused to tender a copy despite several lawful requests for the
274. Based on Michigan voters’ allegations, improper access to the QVF was one of the
chief categories of serious concern identified by the Michigan Auditor General’s Report.180
275. Based on Michigan voters’ allegations, a poll challenger witnessed tens of thousands
of ballots, and possibly more, being delivered to the TCF Center that were not in any approved,
276. Based on Michigan voters’ allegations, large quantities of ballots were delivered to
the TCF Center in what appeared to be mail bins with open tops.181 See the photo of the TCF
Center below:
179
See Rock the Vote Agreement, Appendix 1152-1167.
180
See Appendix pgs. 1039-1078 at material finding #2
181
See Affidavit of Daniel Gustafson, Appendix 945-946 at ¶¶4-6.
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277. Based on Michigan voters’ allegations, these ballot bins and containers did not have
278. Based on Michigan voters’ allegations, some ballots were found unsecured on the
public sidewalk outside the Department of Elections in the City of Detroit, reinforcing the claim
that boxes of ballots arrived at the TCF Center unsealed, with no chain of custody, and with no
official markings. A photograph of ballots found on the sidewalk outside the Department of
279. Based on Michigan voters’ allegations, the City of Detroit held a drive-in ballot drop
off where individuals would drive up and drop their ballots into an unsecured tray. No verification
182
See Affidavit of Rhonda Webber, Appendix 877-879 at ¶3.
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was done. This was not a secured drop-box with video surveillance. To encourage this practice, free
food and beverages were provided to those who dropped off their ballots using this method.183
280. Based on Michigan voters’ allegations, many times, election officials at the TCF
Center broke the seal of secrecy for ballots to check which candidates the individual voted for on his
281. Based on Michigan voters’ allegations, voters in Michigan have a constitutional right
to open elections, and the Michigan Legislature provided them the right to vote in secret. The
election officials’ conduct, together with others, violates both of these hallmark principles.185
282. Based on Michigan voters’ allegations, in Michigan, it is well-settled that the election
process is supposed to be transparent and the voter’s ballot secret, not the other way around.
283. Based on Michigan voters’ allegations, the election officials’ absentee ballot scheme
has improperly revealed voters’ preferences exposing Petitioners’ and similarly-situated voters to
dilution or spoliation while simultaneously obfuscating the inner workings of the election process.
284. Based on Michigan voters’ allegations, now the Michigan election officials seek to
285. When a person requested an absentee ballot either by mail or in-person, that person
183
See Affidavit of Cynthia Cassell Appendix 862-876 at ¶3 and 863 ¶¶9-10.
184
See Affidavit of Zachary C. Larsen; Appendix 836-845 at ¶16-18, 20.
185
See Affidavit of Jennifer Seidl, Appendix 931-938 at ¶18.
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286. When the voter returned their absentee ballot to be counted, the voter was required
287. Election officials who process absentee ballots are required to compare the signature
on the absentee ballot application with the signature on the absentee ballot envelope.186
288. Based on Michigan voters’ allegations, election officials at the TCF Center, for
example, instructed workers not to validate or compare signatures on absentee ballot applications
(10) The oaths administered under subsection (9) must be placed in an envelope
provided for the purpose and sealed with the red state seal. Following the election, the
oaths must be delivered to the city or township clerk. Except as otherwise provided in
subsection (12), a person in attendance at the absent voter counting place or combined
absent voter counting place shall not leave the counting place after the tallying has
begun until the polls close. Subject to this subsection, the clerk of a city or township
may allow the election inspectors appointed to an absent voter counting board in that
city or township to work in shifts. A second or subsequent shift of election inspectors
appointed for an absent voter counting board may begin that shift at any time on
election day as provided by the city or township clerk. However, an election inspector
shall not leave the absent voter counting place after the tallying has begun until the
polls close. If the election inspectors appointed to an absent voter counting board are
authorized to work in shifts, at no time shall there be a gap between shifts and the
election inspectors must never leave the absent voter ballots unattended. At all times,
at least 1 election inspector from each major political party must be present at the
absent voter counting place and the policies and procedures adopted by the secretary
of state regarding the counting of absent voter ballots must be followed. A person
who causes the polls to be closed or who discloses an election result or in any manner
characterizes how any ballot being counted has been voted in a voting precinct before
the time the polls can be legally closed on election day is guilty of a felony.188
290. Under MCL 168.31, the Secretary of State can issue instructions and rules consistent
with Michigan statutes and the Constitution that bind local election authorities. Likewise, under
186
See Affidavit of Jennifer Seidl, Appendix 931-938 at ¶60.
187
See Affidavit of Jessy Jacobs, Appendix 846-848 at ¶15.
188
MCL 168.765a (10) (emphasis added).
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MCL 168.765a(13), the Secretary can develop instructions consistent with the law for the conduct of
Absent Voter Counting Boards (“AVCB”) or combined AVCBs. “The instructions developed under
[] subsection [13] are binding upon the operation of an absent voter counting board or combined
absent voter counting board used in an election conducted by a county, city, or township.”189
291. Benson also promulgated an election manual that requires bipartisan oversight:
292. Based on Michigan voters’ allegations, election officials at the TCF Center flouted §
168.765a because there were not, at all times, at least one inspector from each political party at the
absentee voter counting place. Rather, the many tables assigned to precincts under the authority of
the AVCB were staffed by inspectors for only one party. Those inspectors alone were deciding on
293. Based on Michigan voters’ allegations, this processing included the filling out of
brand new “cure” or “duplicate” ballots. The process the election officials sanctioned worked in this
way. When an absentee ballot was processed and approved for counting, it was fed into a counting
machine. Some ballots were rejected—that is, they were a “false read”—because of tears, staining
189
MCL 168.765a(13).
190
https://www.michigan.gov/documents/sos/VIII_Absent_Voter_County_Boards_265998_7.pdf
(emphasis added).
191
See Affidavit of Jennifer Seidl, Appendix 931-938 at ¶9; Affidavit of Eugene Dixon, Appendix
947-948 at ¶5; Affidavit of Mellissa Carone, Appendix 992-994 at ¶5.
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(such as coffee spills), over-votes, and other errors. In some of these cases, inspectors could visually
inspect the rejected ballot and determine what was causing the machine to find a “false read.” When
this happened, the inspectors could duplicate the ballot, expressing the voter’s intent in a new ballot
294. Under § 168.765a and the Secretary of State’s controlling manual, as cited above, an
inspector from each major party must be present and must sign to show that they approve of the
duplication.
295. Based on Michigan voters’ allegations, rather than following this controlling
mandate, the AVCB was allowing a Democratic Party inspector only to fill out a duplicate.
Republicans would sign only “if possible.”192 A photograph evidencing this illicit process appears
below:
296. Based on Michigan voters’ allegations, the TCF Center election officials allowed
hundreds or thousands of ballots to be “duplicated” solely by the Democratic Party inspectors and
192
See Affidavit of Patricia Blackmer, Appendix 923-927 at ¶11.
193
See Affidavit of Zachary C. Larsen, Appendix 836-845 at ¶¶37-55; Affidavit of Janice Hermann,
Appendix 915-917 at ¶¶4-5; Affidavit of Jennifer Seidl, Appendix 931-938 at ¶29, 933 at ¶42;
Affidavit of Cassandra Brown, Appendix 939-944 at ¶¶33; Affidavit of Phillip O’Halloran, Appendix
901-910 at ¶22; Affidavit of Anna England, Appendix 949-950 at ¶8.
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officials at the TCF Center habitually and systematically disallowed election inspectors from the
Republican Party to be present in the voter counting place and refused access to election
inspectors from the Republican party to be within a close enough distance from the absentee
298. Based on Michigan voters’ allegations, election officials at the TCF Center refused
entry to official election inspectors from the Republican Party into the counting place to observe the
counting of absentee voter ballots. Election officials even physically blocked and obstructed election
inspectors from the Republican party by adhering large pieces of cardboard to the transparent glass
299. Based on Michigan voters’ allegations, absentee ballots from military members, who
tend to vote Republican in the general elections, were counted separately at the TCF Center. All
(100%) of the military absentee ballots had to be duplicated by hand because the form of the ballot
was such that election workers could not run them through the tabulation machines used at the TCF
Center.195
300. Based on Michigan voters’ allegations, these military ballots were supposed to be the
last ones counted, but there was another large drop of ballots that occurred during the counting of
194
See Affidavit of Zachary C. Larsen, Appendix 836-845 at ¶¶37-55; Affidavit of Janice Hermann,
Appendix 915-917 at ¶5; Affidavit of Jennifer Seidl, Appendix 931-938 at ¶29, 932 at ¶32, 933 at
¶42; Affidavit of Cassandra Brown, Appendix 939-944 at ¶¶33; Affidavit of Anna England,
Appendix 949-950 at ¶¶5,7; Affidavit of Matthew Mikolajczak, Appendix 985-991; Affidavit of
Braden Giacobazzi, Appendix 995-1000 at ¶6.
195
See Affidavit of Janice Hermann, Appendix 915-917 at ¶16.
196
Id. see also, Affidavit of Robert Cushman, Appendix 928-930 at ¶¶4-5.
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301. Based on Michigan voters’ allegations, the military absentee ballot count at the TCF
Center occurred after the Republican challengers and poll watchers were kicked out of the counting
room.197
302. The Michigan Legislature also requires City Clerks to post the following absentee
voting information anytime an election is conducted that involves a state or federal office:
a. The clerk must post before 8:00 a.m. on Election Day: 1) the number of absent
voter ballots distributed to absent voters 2) the number of absent voter ballots
returned before Election Day and 3) the number of absent voter ballots
delivered for processing.
b. The clerk must post before 9:00 p.m. on Election Day: 1) the number of absent
voter ballots returned on Election Day 2) the number of absent voter ballots
returned on Election Day which were delivered for processing 3) the total
number of absent voter ballots returned both before and on Election Day and
4) the total number of absent voter ballots returned both before and on
Election Day which were delivered for processing.
c. The clerk must post immediately after all precinct returns are complete: 1) the
total number of absent voter ballots returned by voters and 2) the total number
of absent voter ballots received for processing.198
303. Based on Michigan voters’ allegations, the clerk for the City of Detroit failed to post
by 8:00 a.m. on “Election Day” the number of absentee ballots distributed to absent voters and
failed to post before 9:00 p.m. the number of absent voter ballots returned both before and on
“Election Day.”
304. According to Michigan Election law, all absentee voter ballots must be returned to
the clerk before polls close at 8 p.m.199 Any absentee voter ballots received by the clerk after the
305. The Michigan Legislature allows for early counting of absentee votes before the
closings of the polls for large jurisdictions, such as the City of Detroit and Wayne County.
197
Id. Affidavit of Jennifer Seidl, Appendix 931-938 at ¶42.
198
See MCL 168.765(5).
199
MCL 168.764a.
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306. Based on Michigan voters’ allegations, receiving tens of thousands more absentee
ballots in the early morning hours after Election Day and after the counting of the absentee ballots
had already concluded, without proper oversight, with tens of thousands of ballots attributed to
just one candidate, Joe Biden, confirms that election officials failed to follow proper election
307. Based on Michigan voters’ allegations, missing the statutory deadline proscribed by
the Michigan Legislature for turning in the absentee ballot or timely updating the QVF invalidates
the vote under Michigan Election Law and the United States Constitution.
308. Based on Michigan voters’ allegations, poll challengers observed election workers
and supervisors writing on ballots themselves to alter them, apparently manipulating spoiled
ballots by hand and then counting the ballots as valid, counting the same ballot more than once,
adding information to incomplete affidavits accompanying absentee ballots, counting absen tee
ballots returned late, counting unvalidated and unreliable ballots, and counting the ballots of
“voters” who had no recorded birthdates and were not registered in the QVF or on any
309. Michigan does not permit “mail-in” ballots per se, and for good reason: mail-in ballots
200
See Affidavit of John McGrath Appendix 968-972 at ¶4; Affidavit of Robert Cushman, Appendix
928-930 at ¶14.
201
See Affidavit of Angelic Johnson Appendix 860-861 at ¶7; Affidavit of Adam di Angeli Appendix
951-967 at ¶61; see also, Affidavit of John McGrath, supra; Affidavit of Kristina Karamo, supra;
Affidavit of Robert Cushman, supra; Affidavit of Jennifer Seidl, supra; Affidavit of Braden
Giacobazzi, supra; Affidavit of Kristy Klamer, supra.
202
See, e.g., Veasey v Abbott, 830 F3d 216, 256, 263 (5th Cir. 2016) (observing that “mail-in ballot fraud
is a significant threat—unlike in-person voter fraud,” and comparing “in-person voting—a form of
80
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310. Based on Michigan voters’ allegations, Secretary of State Benson’s absentee ballot
scheme, as explained above, achieved the same purpose as mail-in ballots—contrary to Michigan
law. In the most charitable light, this was profoundly naïve and cut against the plain language and
clear intent of the Michigan Legislature to limit fraud. More cynically, this was an intentional effort
311. Based on Michigan voters’ allegations, Benson put this scheme in place because it is
generally understood that Republican voters were more likely to vote in-person. This trend has been
true for decades and proved true with this Election too.203
312. Based on Michigan voters’ allegations, to counter this (i.e., the fact that Republicans
are more likely than Democrats to vote in-person), Benson implemented a scheme to permit mail-in
voting, leading to this dispute and the absentee ballot scheme that unfairly favored Democrats over
Republicans.
313. Based on Michigan voters’ allegations, in her letter accompanying her absentee ballot
scheme, Benson misstated, “You have the right to vote by mail in every election.” Playing on the
fears created by the current pandemic, Benson encouraged voting “by email,” stating, “During the
outbreak of COVID-19, it also enables you to stay home and stay safe while still making your voice
314. Based on Michigan voters’ allegations, prior to Election Day, the Democratic Party’s
propaganda was to push voters to vote by mail and to vote early. Democratic candidates used the
fear of the current pandemic to promote this agenda—an agenda that would benefit Democratic
voting with little proven incidence of fraud” with “mail-in voting, which the record shows is far
more vulnerable to fraud”).
203
See Expert Report of John McLaughlin, Appendix 1135-1146.
204
Affidavit of Christine Muise, Appendix 880-886 at ¶2, Ex A.
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Party candidates. For example, on September 14, 2020, the Democratic National Committee
Today Biden for President and the Democratic National Committee are announcing
new features on IWillVote.com—the DNC’s voter participation website—that will
help voters easily request and return their ballot by mail, as well as learn important
information about the voting process in their state as they make their plan to vote.
Previously, an individual could use the site to check or update their registration and
find voting locations. Now the new user experience will also guide a voter through
their best voting-by-mail option . . . .205
“We have to make it easier for everybody to be able to vote, particularly if we are still
basically in the kind of lockdown circumstances we are in now,” Biden told about 650
donors. “But that takes a lot of money, and it’s going to require us to provide money
for states and insist they provide mail-in ballots.”206
315. Based on Michigan voters’ allegations, similar statements were repeatedly publicly on
Voters are encouraged to vote at home with an absentee ballot and to return their
ballot as early as possible by drop box, in person at their city or township clerk’s office,
or well in advance of the election by mail.207
316. The Michigan Legislature set forth detailed requirements for absentee ballots, and
these requirements are necessary to prevent voter fraud because it is far easier to commit fraud via
an absentee ballot than when voting in person.208 Michigan law plainly limits the ways you may get
an absentee ballot:
(1) Subject to section 761(3), at any time during the 75 days before a primary or special
primary, but not later than 8 p.m. on the day of a primary or special primary, an elector
may apply for an absent voter ballot. The elector shall apply in person or by mail with the clerk of
205
(available at https://democrats.org/news/biden-for-president-dnc-announce-new-vote-by-mail-
features-on-iwillvote-com/ (last visited Dec. 21, 2020)).
206
(available at https://apnews.com/article/6cf3ca7d5a174f2f381636cb4706f505 (last visited Nov.
17, 2020)).
207 https://www.michigan.gov/sos/0,4670,7-127-1633_101996---,00.html (emphasis added).
208
See, e.g., Griffin v Roupas, 385 F3d 1128, 1130-31 (CA7, 2004) (“Voting fraud is a serious problem
in U.S. elections generally . . . and it is facilitated by absentee voting”).
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the township or city in which the elector is registered. The clerk of a city or township
shall not send by first-class mail an absent voter ballot to an elector after 5 p.m. on the
Friday immediately before the election. Except as otherwise provided in section
761(2), the clerk of a city or township shall not issue an absent voter ballot to a
registered elector in that city or township after 4 p.m. on the day before the election.
An application received before a primary or special primary may be for either that
primary only, or for that primary and the election that follows. An individual may
submit a voter registration application and an absent voter ballot application at the
same time if applying in person with the clerk or deputy clerk of the city or township
in which the individual resides. Immediately after his or her voter registration
application and absent voter ballot application are approved by the clerk or deputy
clerk, the individual may, subject to the identification requirement in section 761(6),
complete an absent voter ballot at the clerk’s office.
(2) Except as otherwise provided in subsection (1) and subject to section 761(3), at
any time during the 75 days before an election, but not later than 8 p.m. on the day of
an election, an elector may apply for an absent voter ballot. The elector shall apply in person
or by mail with the clerk of the township, city, or village in which the voter is registered. The clerk
of a city or township shall not send by first-class mail an absent voter ballot to an
elector after 5 p.m. on the Friday immediately before the election. Except as otherwise
provided in section 761(2), the clerk of a city or township shall not issue an absent
voter ballot to a registered elector in that city or township after 4 p.m. on the day
before the election. An individual may submit a voter registration application and an
absent voter ballot application at the same time if applying in person with the clerk or
deputy clerk of the city or township in which the individual resides. Immediately after
his or her voter registration application and absent voter ballot application are
approved by the clerk, the individual may, subject to the identification requirement in
section 761(6), complete an absent voter ballot at the clerk’s office.
(3) An application for an absent voter ballot under this section may be made in any of
the following ways:
(b) On an absent voter ballot application form provided for that purpose by
the clerk of the city or township.
(4) An applicant for an absent voter ballot shall sign the application. Subject to section
761(2), a clerk or assistant clerk shall not deliver an absent voter ballot to an applicant
who does not sign the application. A person shall not be in possession of a signed
absent voter ballot application except for the applicant; a member of the applicant’s
immediate family; a person residing in the applicant’s household; a person whose job
normally includes the handling of mail, but only during the course of his or her
employment; a registered elector requested by the applicant to return the application;
or a clerk, assistant of the clerk, or other authorized election official. A registered
elector who is requested by the applicant to return his or her absent voter ballot
application shall sign the certificate on the absent voter ballot application.
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(5) The clerk of a city or township shall have absent voter ballot application forms
available in the clerk’s office at all times and shall furnish an absent voter ballot application
form to anyone upon a verbal or written request.209
317. Based on Michigan voters’ allegations, the Secretary of State sent unsolicited absentee
ballot applications to every household in Michigan with a registered voter, no matter if the voter was
318. Based on Michigan voters’ allegations, the Secretary of State also sent absentee ballot
requests to non-residents who were temporarily living in Michigan, such as out-of-state students
319. Based on Michigan voters’ allegations, in many instances, the Secretary of State’s
absentee ballot scheme led to the Secretary of State sending ballot requests to individuals who did
320. Data analyst Matthew Braynard analyzed the State’s database for the Election and
321. Dr. Zhang, a statistician, analyzed the data to extrapolate the datasets statewide.212
322. Braynard opined to a reasonable degree of scientific certainty that out of the
3,507,410 individuals who the State’s database identifies as applying for and the State sending an
209
MCL 168.759 (emphasis added).
210
See Affidavit of Christine Muise, Appendix 880-885 at ¶3. Affidavit of Rena M. Lindevaldesen,
Appendix 1001-1005 at ¶¶1,3 and 1002 ¶5.
211
See, generally, Expert Report of Matthew Braynard, Appendix 1112-1122.
212
See, generally, Expert Report of Dr. Quanying “Jennie” Zhang, Appendix 1123-1134.
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absentee ballot, that in his sample of this universe, 12.23% of those absentee voters that did not
323. These data extrapolate with 99% confidence interval that between 326,460 and
531,467 of the absentee ballots the State issued that were counted were not requested by an eligible
324. Out of the 139,190 individuals who the State’s database identifies as having not
requested (unsolicited) and not returned an absentee ballot, 24.14% of these absentee voters in the
325. These data extrapolate with 99% confidence interval that between 28,932 and 38,409
of the absentee ballots the State issued were not requested by an eligible State voter (unsolicited).216
326. Using the most conservative boundary, taken together, these data suggest Michigan
election officials violated Michigan Lection Law by sending unsolicited ballots to at least 355,392
people.217
327. Out of the 139,190 individuals who the State’s database identifies as having not
returned an absentee ballot, 22.95% of those absentee voters did in fact mail back an absentee ballot
213
See Expert Report of Matthew Braynard, Appendix 1112-1122 at ¶1.
214
Expert Report of Dr. Quanying “Jennie” Zhang, Appendix 1123-1134 at ¶1.
215
See Expert Report of Matthew Braynard, Appendix 1112-1122 at ¶2.
216
Expert Report of Dr. Quanying “Jennie” Zhang, Appendix 1123-1134 at ¶2.
217
Id. See also, Affidavit of Sandra Sue Workman, Appendix 1028-1032 at ¶28.
218
See Expert Report of Matthew Braynard, Appendix 1112-1122 at ¶3.
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329. These data extrapolate with 99% confidence interval that between 29,682 and 39,048
of absentee ballots that voters returned but were not counted in the State’s official records.219
330. Out of the 51,302 individuals that had changed their address before the election who
the State’s database shows as having voted, 1.38% of those individuals denied casting a ballot.220
331. This suggests that bad actors exploited election officials’ unlawful practice of sending
332. Indeed, by not following the anti-fraud measures mandated by the Michigan
Legislature, the Secretary of State’s absentee ballot scheme invited the improper use of absentee
333. Using the State’s databases, the databases of the several states, and the NCOA
database, at least 13,248 absentee or early voters were not residents of Michigan when they voted.222
334. Of absentee voters surveyed and when comparing databases of the several states, at
335. The Secretary of State also sent ballots to people who requested ballots online, but
336. As of October 7, 2020, Brater admits sending at least 74,000 absentee ballots without
219
Expert Report of Dr. Quanying “Jennie” Zhang, Appendix 1123-1134 at ¶3.
220
Id. at ¶4.
221
See Affidavit of Rhonda Weber, Appendix 877-879 at ¶7.
222
See Expert Report of Matthew Braynard, Appendix 1112-1122 at ¶5.
223
See Expert Report of Matthew Braynard, Appendix 1112-1122 at ¶6.
224
See adverse Affidavit of Jonathan Brater, Head of Elections Appendix 1147-1151 at ¶10.
225
Id.
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337. By the Election, we must infer that the actual number of illegal ballots sent was
much higher.
338. According to state records, another 35,109 absentee votes counted by Benson listed
no address.226
339. As a result of the absentee ballot scheme, the Secretary of State improperly flooded
the election process with absentee ballots, many of which were fraudulent.
340. The Secretary of State’s absentee ballot scheme violated the checks and balances put
in place by the Michigan Legislature to ensure the integrity and purity of the absentee ballot process
and thus the integrity and purity of the 2020 general election.227
341. Without limitation, according to state records, 3,373 votes counted in Michigan were
342. According to census data, however, there are only about 1,747 centenarians in
343. According to state records, at least 259 absentee ballots counted listed their official
address as “email” or “accessible by email,” which are unlawful per se and suggests improper ballot
harvesting.231
226
See Braynard Report, supra.
227
See, generally, Affidavits of Lucille Ann Huizinga, Appendix 1016-1020 at ¶31; Laurie Ann Knott,
Appendix 1010-1015 at ¶¶34-35; Marilyn Jean Nowak Appendix 1021-1023 at ¶17; Marlene K.
Hager, Appendix 1024-1027 at ¶¶19-23; and Sandra Sue Workman Appendix 1028-1032 at ¶33.
228
See Braynard, supra.
229
Based on the US Census, 0.0175 percent of Michigan's population is 100 years or older (1,729
centenarians of the total of 9,883,640 people in Michigan in 2010). Census officials estimated
Michigan’s population at 9,986,857 as of July 2019, which puts the total centenarians at 1,747 or
fewer. Source:
https://www.census.gov/content/dam/Census/library/publications/2012/dec/c2010sr-03.pdf
230
See McLaughlin, supra.
231
See Braynard, supra.
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344. According to state records, at least 109 people voted absentee from the Center for
Forensic Psychiatry at 8303 PLATT RD, SALINE, MI 48176 (not necessarily ineligible felons, but
the State does house the criminally insane at this location), which implies improper ballot harvesting.
345. According to state records, at least 63 people voted absentee at PO BOX 48531,
OAK PARK, MI 48237, which is registered to a professional guardian and implies improper ballot
harvesting.
346. When compared against the national social security and deceased databases, at least 9
absentee voters in Michigan are confirmed dead as of Election Day, which invalidates those
unlawful votes.232
347. Taken together, these irregularities far exceed common sense requirements for
348. These are the same types of serious concerns raised by the Michigan Auditor
349. The Auditor General specifically found several violations of MCL 168.492:
iv. Clerk and Elected Officials had not completed required training.235
232
See Braynard, supra.
233
Appendix 1039-1078.
234
The oldest living person confirmed by the Guinness Book of World Records is 117 years old and she
lives in Japan, not Michigan.
235
Id.
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350. The Auditor General found election officials had not completed required training to
obtain or retain accreditation in 14% of counties, 14% of cities, and 23% of townships.236
351. The Auditor General found 32 counties, 83 cities, and 426 townships where the clerk
had not completed initial accreditation training or, if already accredited, all continuing education
352. The Auditor General found 12 counties, 38 cities, and 290 townships where the clerk
had not completed the initial accreditation or continuing education training requirements and no
353. Not only were the Auditor General’s red flags ignored by Benson, but she arguably
354. This not only suggests malfeasance, but the scheme precipitated and revealed
manifest fraud and exploitation at a level Michigan has never before encountered in its elections.
355. The abuses permitted by the Secretary of State’s ballot scheme were on display at the
356. Because this absentee ballot scheme applied statewide, it undermined the integrity
and purity of the general election statewide, and it dilutes the lawful votes of millions of Michigan
voters.
357. Based on Michigan voters’ allegations, inappropriate secrecy and lack of transparency
began months before Election Day with an unprecedented and orchestrated infusion of hundreds of
236
Id.
237
Id.
238
Id.
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358. Based on Michigan voters’ allegations, more than $9.8 million in private money was
359. Based on Michigan voters’ allegations, the 2020 election saw the evisceration of state
statutes designed to treat voters equally, thereby causing disparate treatment of voters and thus
360. Based on Michigan voters’ allegations, to date, investigations have uncovered more
than $400 million funneled through a collection of non-profits directly to local government coffers
nationwide dictating to these local governments how they should manage the election, often
361. Based on Michigan voters’ allegations, these funds were mainly used to: 1) pay
“ballot harvesters” bounties, 2) fund mobile ballot pick up units, 3) deputize and pay political
activists to manage ballots; 4) pay poll workers and election judges (a/k/a inspectors or
adjudicators); 5) establish drop-boxes and satellite offices; 6) pay local election officials and agents
“hazard pay” to recruit cities recognized as Democratic Party strongholds to recruit other cities to
apply for grants from non-profits; 7) consolidate AVCBs and counting centers to facilitate the
movement of hundreds of thousands of questionable ballots in secrecy without legally required bi-
partisan observation; 8) implement a two-tier ballot “curing” plan that unlawfully counted ballots in
Democrat Party strongholds and spoiled similarly situated ballots in Republican Party areas; and 9)
subsidized and designed a scheme to remove the poll watchers from one political party so that the
critical responsibility of determining the accuracy of the ballot and the integrity of the count could
239
See Carlson Report, supra.
240
See Carlson Report, supra.
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362. The Help America Vote Act of 2002 (HAVA) controls how money is spent under
federal law. See 42 USC 15301, et seq; see also, MCL 168.18. In turn, Congress used HAVA to create
the non-regulatory Election Assistance Commission (EAC), which was delegated the responsibility
of providing information, training standards, and funding management to states. The mechanism for
364. Based on Michigan voters’ allegations, these private funds exceeded the federal
government’s March 2020 appropriation under HAVA and CARES Acts to help local governments
365. Based on Michigan voters’ allegations, as these unmonitored funds flowed through
the pipeline directly to hand-picked cities, the outlines of two-tiered treatment of the American voter
began to take place. Local governments in Democrat Party strongholds were flush with cash to
launch public-private coordinated voter registration drives allowing private access directly to
government voter registration files, access to early voting opportunities, the provision of incentives
such as food, entertainment, and gifts for early voters, and the off-site collection of ballots. Outside
the urban core and immediate suburbs, unbiased election officials were unable to start such efforts
366. Based on Michigan voters’ allegations, difficult to trace private firms funded this
scheme through private grants, which dictated methods and procedures to local election officials and
where the grantors retained the right to “claw-back” all funds if election officials failed to reach
privately set benchmarks—thus entangling the private-public partnership in ways that demand
241
See Certified Michigan HAVA State Plan of 2003, Terri Lynn Land Secretary, FR Vol. 69. No. 57
March 24 2004.
91
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367. Based on Michigan voters’ allegations, the state officials implicated, and the private
interests involved, have refused repeated demands for the release of communications outlining the
rationale and plan behind spending more than $400 million provided directly to various election
368. Based on Michigan voters’ allegations, these funds greased the skids of Democrat-
heavy areas violating mandates of the Michigan Legislature, the Michigan HAVA Plan, the dictates
of Congress under HAVA, and equal protection and Separation of Powers demanded under the
369. Based on Michigan voters’ allegations, in Michigan specifically, CTCL had awarded
eleven grants as of the time of this survey. CTCL funded cities were:
i. Detroit ($3,512,000);
x. Saginaw ($402,878).242
370. In the 2016 election, then candidate Donald Trump only won Saginaw; then
242
See Expert Report of James Carlson, Appendix 1079-1111. (last updated November 25, 2020).
92
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371. Based on Michigan voters’ allegations, in 2020, CTCL funneled $9,451,235 (95.7%)
to the ten jurisdictions where candidate Clinton won and only $402,878 (4.3%) to where candidate
Trump won.243
372. Based on Michigan voters’ allegations, Antrim County, Michigan, reported errors
373. Based on Michigan voters’ allegations, a report regarding Antrim County, Michigan,
alleges that Dominion Voting Systems, the election technology used by Antrim County and
elsewhere, "is intentionally and purposefully designed with inherent errors to create systemic fraud
and influence election results." It's unclear how Allied Security Operations Group (ASOG) reached
374. Based on Michigan voters’ allegations, likewise, the report, authored by Russell James
Ramsland, Jr., who is part of ASOG's management team, says the group found an "error rate" of
68% when examining "the tabulation log" of the server for Antrim County. It's also unclear what the
"error rate" data refers to specifically and how it impacts the results.245
375. Based on Michigan voters’ allegations, "The results of the Antrim County 2020
election are not certifiable," Ramsland wrote. "This is a result of machine and/or software error, not
human error."246
243
Id.
244
See Expert Report of Russell J. Ramsland, Jr., Appendix 1146-1168. See Expert Opinion of
Anthony J. Couchenor, Appendix 42-47. See Expert Opinion of Dr. Navid Keshavarz-Nia, Appendix
119-128.
245
Id.
246
See Ramsland Report, Appendix pg. 2 ¶ 7.
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government data shows election officials’ absentee ballot errors of 548,016 far exceed the margin of
victory of 148,152.
377. The Braynard-Zhang analysis of the government data shows election officials’
absentee ballot error rate of at least 6.05% which far exceeds federal law’s pre-election certification
4) Illegal
Votes Electors with no address.251 35,109
Counted
5) Illegal 259
Votes
Counted
247
See Expert Report of Dennis Nathan Cain (III), Appendix 1433-1445.
248
The number of unsolicited ballots come from the combination of 326,460 absentee ballots issued
by the State but not requested by an eligible State voter and the 28,932 absentee ballots the State
claims were not returned but who claim they in fact mailed their absentee ballot back. Both of these
numbers are the conservative end of Dr. Zhang’s 99% confidence interval. Expert Report of Dr.
Quanying “Jennie” Zhang, Appendix 1123-1134 at ¶2-3.
249
Expert Report of Dr. Quanying “Jennie” Zhang, Appendix 1123-1134 at ¶3.
250
Categories 2 and 3 are mutually exclusive.
251
See Expert Report of Matthew Braynard, Appendix 1112-1122.
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4. State of Wisconsin voters allege election official errors and improprieties which
exceed the Presidential vote margin. 256
378. State of Wisconsin voters allege election official errors and improprieties which
376. Wisconsin has 10 electoral votes, with a statewide vote tally currently estimated at
1,610,151 for President Trump and 1,630,716 for former Vice President Biden (i.e., a margin of
20,565 votes). In two counties, Milwaukee and Dane, Mr. Biden’s margin (364,298 votes)
379. In the 2016 general election some 146,932 mail-in ballots were returned in Wisconsin
out of more than 3 million votes cast. In stark contrast, 1,275,019 mail-in ballots, nearly a 900
percent increase over 2016, were returned in the November 3, 2020 election.
380. Based on Wisconsin voters’ allegations, on November 30, 2020, Governor Tony
Evers certified Joe Biden’s victory in Wisconsin in a Certificate of Ascertainment, soon after he
received a certification from Ann Jacobs, chairwoman of the Wisconsin Election Commission.
252
See Expert Report of Matthew Braynard, Appendix 1112-1122.
253
See Declaration of Jonathan Brater, Appendix 1147-1151 at ¶ 10.
254
See Expert Report of Matthew Braynard, Appendix 1112-1122 at ¶ 5.
255
See Expert Report of Matthew Braynard, Appendix 1112-1122 at ¶ 6.
256
For full extent of inappropriate activities See Timeline of Electoral Policy Activities, Issues, and
Litigation Pennsylvania, Michigan, Wisconsin, Georgia, Arizona, and Nevada August 2003 to
November 2020, Appendix 1-20.
95
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Jacobs signed a statement of canvass to confirm who won the election. The Wisconsin Election
Commission was due to meet on Tuesday, December 1, 2020. Republican Commissioners Dean
Knudson had requested that Jacobs wait until Tuesday, when the Commission was to meet, to
381. Based on Wisconsin voters’ allegations, by certifying the election on her own, Jacobs
usurped power that belongs to the Wisconsin Election Commission. Wisconsin Statutes § 7.70 sets
forth the proper procedure for certifying Wisconsin’s election results. The chairperson is required to
examine the certified statements of the county board of canvassers, and obtain input from the
county boards if it appears material mistakes have been made. Thereafter, under § 7.70(3)(d), the
chairperson is to “examine and make a statement of the total number of votes cast at any election
for the offices involved in the election for president and vice president…” Under § 7.70(3)(f), these
statements are to show the “persons’ names receiving votes” and “the whole number of votes given
to each….” § 7.70(3)(g) states that following “each other election [other than a primary election] the
chairperson of the commission or the chairperson’s designee shall prepare a statement certifying the
results of the election and shall attach to the statement a certificate of determination which shall
indicate the names of persons who have been elected to any state or national office .... The
chairperson of the commission or the chairperson’s designee shall deliver each statement and
382. Based on Wisconsin voters’ allegations, Wisconsin Statutes § 7.70(5)(b) states what is
supposed to come next in a presidential election. “For presidential electors, the commission shall
prepare a certificate showing the determination of the results of the canvass and the names of the
257
See Supplement to Emergency Petition, Appendix 384-396. See Also Wisconsin Elections
Committee Letter, Appendix 1469-1470.
258
See Wisconsin Finance Committee E-mails and Wisconsin Republican Presidential Elector
Signatures, Appendix 1473-1476.
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persons elected, and the governor shall sign, affix the great seal of the state, and transmit the
certificate by registered mail to the U.S. administrator of general services. The governor shall also
prepare 6 duplicate originals of such certificate and deliver them to one of the presidential electors
on or before the first Monday after the 2nd Wednesday in December.” (emphasis supplied).
383. Based on Wisconsin voters’ allegations, as set forth clearly in the statute, Wisconsin
law requires the chairperson of the commission to prepare a certificate of the votes received by each
candidate in the presidential election, and transmit these results to the commission. Thereafter, the
commission is required to prepare a certificate showing the names of the persons elected, and
transmit this certificate to the governor. Only then is the governor authorized to transmit this
384. Based on Wisconsin voters’ allegations, Chairwoman Jacobs certified these results,
without authority, before the Wisconsin Election Commission meeting, in an attempt to bypass the
Wisconsin Election Commission, who had a lawful duty to examine and certify the results for
on Chairwoman Jacobs’ certification, rather than the lawful certification of the Commission, is a
385. Further, based on Wisconsin voters’ allegations, Wisconsin statutes guard against
fraud in absentee ballots: “[V]oting by absentee ballot is a privilege exercised wholly outside the
traditional safeguards of the polling place. The legislature finds that the privilege of voting by
absentee ballot must be carefully regulated to prevent the potential for fraud or abuse[.]”259
259
Wis. Stat. § 6.84(1).
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leading up to the 2020 general election, the Wisconsin Elections Commission (“WEC”) and other
local officials unconstitutionally modified Wisconsin election laws—each time taking steps that
weakened, or did away with, established security procedures put in place by the Wisconsin legislature
387. Based on Wisconsin voters’ allegations, for example, the WEC undertook a
campaign to position hundreds of drop boxes to collect absentee ballots—including the use of
388. Based on Wisconsin voters’ allegations, the mayors of Wisconsin’s five largest
cities—Green Bay, Kenosha, Madison, Milwaukee, and Racine, which all have Democrat
majorities—joined in this effort, and together, developed a plan use purportedly “secure drop-boxes
to facilitate return of absentee ballots.” Wisconsin Safe Voting Plan 2020, at 4 (June 15, 2020).261
389. Based on Wisconsin voters’ allegations, it was alleged in an action filed in United
States District Court for the Eastern District of Wisconsin that over five hundred unmanned, illegal,
absentee ballot drop boxes were used in the Presidential election in Wisconsin.
390. Based on Wisconsin voters’ allegations, however, the use of any drop box, manned
described in the Election Code “Alternate absentee ballot site[s]” and detailed the procedure by
which the governing body of a municipality may designate a site or sites for the delivery of absentee
ballots “other than the office of the municipal clerk or board of election commissioners as the
260
See Appendix 201-269; 378-383.
261
See Appendix pgs. 270-290; 291-346.
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location from which electors of the municipality may request and vote absentee ballots and to which
391. Based on Wisconsin voters’ allegations, any alternate absentee ballot site “shall be
staffed by the municipal clerk or the executive director of the board of election commissioners, or
employees of the clerk or the board of election commissioners.”263 Likewise, Wis.Stat. 7.15(2m)
provides, “[i]n a municipality in which the governing body has elected to an establish an alternate
absentee ballot sit under s. 6.855, the municipal clerk shall operate such site as though it were his or
her office for absentee ballot purposes and shall ensure that such site is adequately staffed.”
392. Based on Wisconsin voters’ allegations, thus, the unmanned absentee ballot drop-off
sites are prohibited by the Wisconsin Legislature as they do not comply with Wisconsin law
393. Based on Wisconsin voters’ allegations, in addition, the use of drop boxes for the
contrary to Wisconsin law providing that absentee ballots may only be “mailed by the elector, or
394. Based on Wisconsin voters’ allegations, The fact that other methods of delivering
absentee ballots, such as through unmanned drop boxes, are not permitted is underscored by Wis.
Stat. § 6.87(6) which mandates that, “[a]ny ballot not mailed or delivered as provided in this
subsection may not be counted.” Likewise, Wis. Stat. § 6.84(2) underscores this point, providing that
Wis. Stat. § 6.87(6) “shall be construed as mandatory.” The provision continues—“Ballots cast in
contravention of the procedures specified in those provisions may not be counted. Ballots counted in
262
Wis. Stat. 6.855(1).
263
Wis. Stat. 6.855(3).
264
Wis. Stat. 6.855(1), (3).
265
Wis. Stat. § 6.87(4)(b)1 (emphasis added).
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contravention of the procedures specified in those provisions may not be included in the certified result of any
election.”266
absentee drop boxes, the Milwaukee County and Dane County had 1 drop box for every 30.7 square
miles. But, the rest of Wisconsin had 1 drop box for every 145 square miles. Wisconsin localities
provided approximately 514 ballot drop boxes leading up to the 2020 election.267
396. In 2016, Hillary Clinton received 1,382,536 votes in Wisconsin.268 Of those 1.3M
votes, Milwaukee and Dane Counties accounted for 506,519269 of Clinton’s votes.270
397. Wisconsin is a total of 65,498 square miles. Milwaukee and Dane Counties represent
a combined 2,427 square miles. These two counties received about one-sixth of the total number of
ballot drop boxes with 79 boxes. Milwaukee received 25 drop boxes, while Dane County (Madison)
had 54 drop boxes.271 This left the rest of the state with 435 ballot drop boxes.272
398. Voters in Hillary Clinton’s two largest counties: Milwaukee and Dane, where she
received 506,519 votes, received 79 drop boxes spread out over a combined 2,427 square miles, or 1
drop box for every 30.7 square miles. Meanwhile, voters in the rest of the state received 435 drop
266
Wis. Stat. § 6.84(2) (emphasis added).
267
https://www.wisconsinwatch.org/2020/10/wisconsin-absentee-ballot-drop-box-search/. See
Expert Declaration of Dennis Nathan Cain (II), Appendix 60-68. See Also Appendix 353-377.
268
https://www.nytimes.com/elections/2016/results/wisconsin-president-clinton-trump
269
https://www.nytimes.com/elections/2016/results/wisconsin-president-clinton-trump
270
The next eight largest Wisconsin counties gave Hillary Clinton an additional 346,352 votes.
https://www.nytimes.com/elections/2016/results/wisconsin-president-clinton-trump
Waukesha (Milwaukee area) had 5 drop boxes, Brown County (Green Bay) had 13 drop boxes, 13 in
Racine, Outagamie 5, Winnebago 5, Kenosha 8, Rock 26, Marathon 10.270
Wisconsin has sixteen counties with over 100k residents: Milwaukee, Dane (Madison), Waukesha,
Brown (Green Bay), Racine, Outagamie, Winnebago, Kenosha, Rock, Washington, Marathon, La
Crosse, Sheboygan, Eau Claire, Walworth, Fond du Lac.270
271
https://www.wisconsinwatch.org/2020/10/wisconsin-absentee-ballot-drop-box-search/
272
514-79 = 435
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boxes to cover 63,071 square miles, meaning that the rest of Wisconsin had a single drop box for
399. Based on Wisconsin voters’ allegations, these were not the only Wisconsin election
laws that the WEC violated in the 2020 general election. The WEC and local election officials also
confined”—which under Wisconsin law allows the voter to avoid security measures like signature
except for those who register as “indefinitely confined” or “hospitalized.”273 Registering for
indefinite confinement requires certifying confinement “because of age, physical illness or infirmity
or [because the voter] is disabled for an indefinite period.”274 Should indefinite confinement cease,
the voter must notify the county clerk,275 who must remove the voter from indefinite-confinement
status.276
401. Wisconsin election procedures for voting absentee based on indefinite confinement
enable the voter to avoid the photo ID requirement and signature requirement.277
402. Based on Wisconsin voters’ allegations, on March 25, 2020, in clear violation of
Wisconsin law, Dane County Clerk Scott McDonnell and Milwaukee County Clerk George
Christensen both issued guidance indicating that all voters should mark themselves as “indefinitely
273
Wis. Stat. § 6.86(2)(a), (3)(a).
274
Id. § 6.86(2)(a).
275
Id.
276
Id. § 6.86(2)(b).
277
Id. § 6.86(1)(ag)/(3)(a)(2).
278
See Appendix pgs. 347-349.
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Wisconsin’s strict voter ID laws, the Republican Party of Wisconsin petitioned the Wisconsin
Supreme Court to intervene. On March 31, 2020, the Wisconsin Supreme Court unanimously
confirmed that the clerks’ “advice was legally incorrect” and potentially dangerous because “voters
may be misled to exercise their right to vote in ways that are inconsistent with WISC. STAT. §
6.86(2).”
404. Based on Wisconsin voters’ allegations, on May 13, 2020, the Administrator of WEC
issued a directive to the Wisconsin clerks prohibiting removal of voters from the registry for
405. Based on Wisconsin voters’ allegations, the WEC’s directive violated Wisconsin law.
Specifically, WISC. STAT. § 6.86(2)(a) specifically provides that “any [indefinitely confined] elector
[who] is no longer indefinitely confined … shall so notify the municipal clerk.” WISC. STAT. §
6.86(2)(b) further provides that the municipal clerk “shall remove the name of any other elector
from the list upon request of the elector or upon receipt of reliable information that an elector no
406. Based on Wisconsin voters’ allegations, according to statistics kept by the WEC,
nearly 216,000 voters said they were indefinitely confined in the 2020 election, nearly a fourfold
increase from nearly 57,000 voters in 2016. In Dane and Milwaukee counties, more than 68,000
voters said they were indefinitely confined in 2020, a fourfold increase from the roughly 17,000
407. Under Wisconsin law, voting by absentee ballot also requires voters to complete a
certification, including their address, and have the envelope witnessed by an adult who also must
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sign and indicate their address on the envelope.279 The sole remedy to cure an “improperly
completed certificate or [ballot] with no certificate” is for “the clerk [to] return the ballot to the
elector[.]”280 “If a certificate is missing the address of a witness, the ballot may not be counted.”281
408. Based on Wisconsin voters’ allegations, however, in a training video issued April 1,
2020, the Administrator of the City of Milwaukee Elections Commission unilaterally declared that a
“witness address may be written in red and that is because we were able to locate the witnesses’
address for the voter” to add an address missing from the certifications on absentee ballots. The
Administrator’s instruction violated WISC. STAT. § 6.87(6d). The WEC issued similar guidance on
Complaint, it is alleged, supported by the sworn affidavits of poll watchers, that canvas workers
carried out this unlawful policy, and acting pursuant to this guidance, in Milwaukee used red-ink
pens to alter the certificates on the absentee envelope and then cast and count the absentee ballot.
These acts violated WISC. STAT. § 6.87(6d) (“If a certificate is missing the address of a witness, the
410. Wisconsin’s legislature has not ratified these changes, and its election laws do not
411. Based on Wisconsin voters’ allegations, in addition, Ethan J. Pease, a box truck
delivery driver subcontracted to the U.S. Postal Service (“USPS”) to deliver truckloads of mail-in
279
See Wis. Stat. § 6.87.
280
Id. § 6.87(9).
281
Id. § 6.87(6d) (emphasis added).
282
See Appendix pgs. 350-352.
283
See also Wis. Stat. § 6.87(9) (“If a municipal clerk receives an absentee ballot with an improperly
completed certificate or with no certificate, the clerk may return the ballot to the elector . . .
whenever time permits the elector to correct the defect and return the ballot within the period
authorized.”).
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ballots to the sorting center in Madison, WI, testified that USPS employees were backdating ballots
received after November 3, 2020.284 Further, Pease testified how a senior USPS employee told him
on November 4, 2020 that “[a]n order came down from the Wisconsin/Illinois Chapter of the
Postal Service that 100,000 ballots were missing” and how the USPS dispatched employees to “find[]
. . . the ballots.”285 One hundred thousand ballots supposedly “found” after election day would far
exceed former Vice President Biden margin of 20,565 votes over President Trump.
election officials’ absentee ballot errors of 159,559 far exceed the margin of victory of 20,608.286
413. The Braynard-Zhange analysis of government data shows election officials’ absentee
ballot error rate of at least 0.89% which far exceeds federal law’s pre-election certification error rate
284
Declaration of Ethan J. Pease, Appendix pgs. 180-182 at ¶¶ 3-13.
285
Id. ¶¶ 8-10.
286
See Chart and WI Declaration of Matthew Braynard, Appendix pgs. 1384-1395.
287
See Expert Report of Dennis Nathan Cain (III), Appendix 1433-1445.
288
See WI Zhang Declaration Appendix pgs. 1375-1383 ¶ 1.
289
See WI Zhang Declaration Appendix pgs. 1375-1383 ¶ 2.
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3) Illegal
Votes Electors voted where they did 26,673
Counted not reside290
Electors who avoided Wisconsin
4) Illegal Voter ID laws by voting
Votes absentee as an “indefinitely 96,437
Counted confined” elector and were not
indefinitely confined291
5) Illegal Out of State Residents Voting in 6,848
Votes State292
Counted
6) Illegal Double Votes293 234
Votes
Counted
TOTAL 159,559
Of total votes cast 3,289,946
*May overlap.
5. State of Arizona voters allege election official errors and improprieties which
exceed the Presidential vote margin. 294
414. State of Michigan voters allege election official errors and improprieties which
415. Arizona has 11 electoral votes, with a statewide vote tally currently estimated at
1,661,686 for President Trump and 1,672,143 for former Vice President Biden (i.e., a margin of
10,457 votes).
416. Based on Arizona voters’ allegations, there was a disparate impact caused by
290
See WI Declaration of Matthew Braynard, Appendix pgs. 1384-1395.
291
See WI Declaration of Matthew Braynard Appendix pgs. 1384-1395 ¶ 5. This number is derived
from .4523 * 213,215
292
See WI Declaration of Matthew Braynard Appendix pgs. 1384-1395 ¶ 4.
293
See WI Declaration of Matthew Braynard Appendix pgs. 1384-1395 ¶ 6.
294
For full extent of inappropriate activities See Timeline of Electoral Policy Activities, Issues, and
Litigation Pennsylvania, Michigan, Wisconsin, Georgia, Arizona, and Nevada August 2003 to
November 2020, Appendix 1-20.
105
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419. In 2016, Hillary Clinton received 1,161,167 votes from Arizona.295 Over half of these
420. Based on Wisconsin voters’ allegations, this vote-rich area of only 9,224 square miles,
was given more drop boxes and early voting centers than the rest of Arizona’s 104,764 square miles
combined.
421. Maricopa County, only 9,224 square miles, has over 125 vote-by-mail drop boxes
available to its citizens, leaving one drop box for every 73 square miles.297 Conversely, the other
fourteen counties had a total of 119 drop boxes and early voting sites combined, meaning every
other non-Arizona county combined had one vote-by-mail drop box for every 880 square miles.298
295
https://www.nytimes.com/elections/2016/results/arizona
296
https://www.nytimes.com/elections/2016/results/arizona
297
https://www.google.com/maps/d/u/0/viewer?ll=33.361088282128144%2C-
112.03699115344182&z=11&mid=1MksFw9pIMM80lE-3WVkXAr9a2BBizir7
298
Coconino Co., 8 drop boxes -
https://www.coconino.az.gov/DocumentCenter/View/36811/Coconino-County-Ballot-Drop-
Box-Locations-2020-Primary?bidId=
Pinal Co., 7 drop boxes -
https://www.pinalcountyaz.gov/Recorder/Pages/EarlyVoteRegister.aspx
Gila Co., 8 drop boxes -
https://www.gilacountyaz.gov/government/recorder/drop_off_boxes.php
Pima Co., 14 dropbox/early voting sites - https://www.recorder.pima.gov/EarlyVotingSites
Cochise Co., 5 drop boxes - https://www.cochise.az.gov/recorder/ballot-box-locations
La Paz Co. 1 early voting site - https://www.parkerpioneer.net/news/article_1a2fd0ee-
1d4c-11eb-af74-5f2cf0d805cb.html
Maricopa Co., 125+ drop boxes -
https://www.google.com/maps/d/u/0/viewer?ll=33.361088282128144%2C-
112.03699115344182&z=11&mid=1MksFw9pIMM80lE-3WVkXAr9a2BBizir7
Mohave Co., 3 early voting sites - https://mohavedailynews.com/news/11214/early-voting-
begins-in-arizona/
Graham Co., 5 drop boxes - https://www.graham.az.gov/314/How-To-Return-Your-Early-
Ballot
Navajo Co., 16 drop boxes -
https://www.navajocountyaz.gov/Departments/Elections/Voter-Information/Early-
Voting-Sites
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422. This strategy worked to benefit Democratic voters at a greater rate than republican
voters.
423. In the 2020 November, election Vice-President Biden increased his vote total by
almost more than 300,000 votes over Hillary Clinton’s 2016 numbers in Maricopa with 1,040,774
votes.
425. This type of disparate impact by government officials in Maricopa County clearly
426. Additionally, in Arizona, the Braynard-Zhang analysis of the government data shows
election officials’ absentee ballot errors of 371,498 far exceed the margin of victory of 10,457.300
427. The Braynard-Zhang government data shows election officials’ absentee ballot error
rate of at least 10.2% which far exceeds federal law’s pre-election certification error rate for voting
107
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M. The government data, state-by-state, shows election officials’ absentee ballot errors
far exceed the margin of victory—and they far exceed the pre-election certification
error rate of 0.0008%.
428. The federal government has a pre-election standard for state voting system’s
429. As explained above, this maximum-acceptable error rate is one in 500,000 ballot
430. Based on the Defendant States’ voters’ allegations, the government data shows
Wisconsin, Pennsylvania, Michigan, Georgia and Arizona election officials’ absentee ballot errors308
303
See AZ Zhang Declaration Appendix pgs. 1396-1405 ¶ 2.
304
See AZ Declaration of Matthew Braynard, Appendix pgs. 1419-1428 ¶3.
305
See AZ Declaration of Matthew Braynard, Appendix pgs. 1419-1428 ¶4.
306
See AZ Declaration of Matthew Braynard, Appendix pgs. 1419-1428 ¶5.
307
See Expert Report of Dennis Nathan Cain (III), Appendix 1433-1445.
308
According to Plaintiffs’ analysis, it is possible to have more than one type of error per ballot (e.g.,
double voting and voting while resident of another state).
108
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431. Based on the Defendant States’ voters’ allegations, the government data in each of
the states shows election officials’ absentee ballot errors far exceed the federal law’s pre-election
COUNT 1:
ARTICLE II
432. Plaintiffs repeat and re-allege the allegations above, as if fully set forth herein.
433. The Plaintiffs as voters file this complaint against federal and state officials in
Arizona, Georgia, Michigan, Pennsylvania and Wisconsin seeking a declaratory judgment, and
certification of Presidential votes and of Presidential electors and for counting of their votes for the
434. Under Article II, if a state has authorized a Presidential election in that state, voters
have voting rights to state legislative post-election certifications of Presidential votes and of
Presidential electors.
435. Since Defendant States have authorized Presidential elections, voters in the
Defendant States, including Plaintiffs, have voting rights under Article II to state legislative post-
436. Part of Plaintiffs’ voting rights in Defendant States under Article II is the right that
their Presidential votes be counted by in their respective state legislatures’ post-election certifications
of Presidential votes and Presidential electors in the 20020 and future elections.
437. Under Article II, Congress lacks legal authority to enact laws interfering with the
state-by-state state legislative post-election certification of Presidential electors as it has done with 3
438. The text and structure of the Constitution—as evidenced in Article II and the rest of
109
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Constitution.309
439. Therefore, Article II renders 3 U.S.C. §§ 5, 6 and 15, in the 2020 and future
Presidential elections, as unconstitutional interference with the state legislative prerogative to post-
rights.310
440. Analogously, under Article II, the Defendant States lack legal authority to enact state
laws which are a perpetual and wholesale delegation of post-election certifications to state executive
branch officials—as they have done in Ariz. Rev. Stat.§ 16-212 (B) (Arizona Secretary of State), Ga.
Code Ann. § 21-2-499 (B) (Georgia Secretary of State and Governor), Mich. Comp. Laws Ann. §
168.46 (Michigan State Board of Canvassers and Governor), Wis. Stat. § 7.70 (5) (b) (Wisconsin
Elections Commission); and 25 Pa. Cons. Stat. § 3166 (Secretary of Commonwealth and Governor).
441. Article II, and its non-delegation doctrine, left it exclusively to the state legislatures
442. The text of Article II preempts Ariz. Rev. Stat. § 16-212 (B), Ga. Code Ann. § 21-2-
499 (B), Mich. Comp. Laws Ann. § 168.46, Wis. Stat. § 7.70 (5) (b), 25 Pa. Cons. Stat. § 3166 and
similar state laws which delegate Presidential post-election certifications to state executive branch
309
Vasan Kesavan, Is the Electoral Count Act Unconstitutional, 80 N.C. L. Rev. 1653, 1759-1793 (2002).
310
Id. at 1696-1759 (2002).
110
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443. The structure of the Constitution, as evidenced in Article II and the rest of the
Constitution, preempts Ariz. Rev. Stat. § 16-212 (B), Ga. Code Ann. § 21-2-499 (B), Mich. Comp.
Laws Ann. § 168.46, Wis. Stat. § 7.70 (5) (b), 25 Pa. Cons. Stat. § 3166 and similar state laws which
certifications.
444. Therefore, the Court should hold Ariz. Rev. Stat. § 16-212 (B), Ga. Code Ann. § 21-
2-499 (B), Mich. Comp. Laws Ann. § 168.46, Wis. Stat. § 7.70 (5) (b), 25 Pa. Cons. Stat. § 3166 and
similar laws unconstitutional as they apply to Presidential state legislative post-election certifications.
Presidential votes and Presidential electors in the 2020 and future Presidential elections violate the
446. The Defendant States, in violation of Article II, have failed to provide state
legislative post-election certifications of Presidential votes and of the Presidential Electors; so,
voters’ votes in the Defendant States do not count in the current and future elections—a
disenfranchisement.
447. A declaratory judgment should issue, applicable to the current and future elections,
declaring that Article II requires state legislative post-election certifications of Presidential votes and
of Presidential electors for Presidential elector votes to count in the U.S. Congress for the election
448. Further, any count of Presidential electors in the November 3, 2020 or future
elections should be declared invalid if based on votes of Presidential electors who have not received
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449. The Vice President and U.S. Congress should be enjoined from counting Presidential
elector votes from any states in the current and future elections unless their respective state
legislatures have voted affirmatively in a post-election vote to certify Presidential votes and their
`
COUNT 2:
EQUAL PROTECTION CLAUSE
450. Plaintiffs repeat and re-allege the allegations above, as if fully set forth herein.
Presidential votes and of Presidential electors so their votes count equally with other states’ citizens’
votes.
452. The Equal Protection Clause prohibits the use of differential standards in the
treatment and tabulation of ballots within a State. Bush, 531 U.S. at 107.
453. The one-person, one-vote principle requires counting valid votes and not counting
invalid votes. Reynolds, 377 U.S. at 554-55; Bush, 531 U.S. at 103 (“the votes eligible for inclusion in
the certification are the votes meeting the properly established legal requirements”).
454. The Defendant States, in violation of the Equal Protection Clause, have failed to
provide state legislative post-election certifications of Presidential votes and of the Presidential
Electors as they do in other states; so, voters’ votes in the Defendant States will not count—a
455. Absent the state legislative post-election certification of Presidential electors and of
the Presidential Electors in the Defendant States, the Defendant States violate the one-person, one-
vote principle because their Presidential votes and their state’s Presidential electors’ votes will not
112
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457. A declaratory judgment should issue, applicable to the current and future elections,
declaring that the Equal Protection Clause requires state legislative post-election certification of
Presidential votes and of Presidential electors for Presidential elector votes to count in the U.S.
458. Further, any count of Presidential electors in the November 3, 2020 or future
elections should be declared invalid if based on votes of Presidential electors who have not received
459. The Vice President and U.S. Congress should be enjoined from counting Presidential
elector votes from states in the current election and future elections unless the respective state
legislatures has voted affirmatively in a post-election vote to certify Presidential votes and their
Presidential electors.
COUNT 3:
DUE PROCESS CLAUSE
460. Plaintiff repeats and re-alleges the allegations above, as if fully set forth herein.
Presidential votes and of Presidential electors so their votes are subjected to the same due process as
462. When election practices reach “the point of patent and fundamental unfairness,” the
integrity of the election itself violates substantive due process. Griffin v. Burns, 570 F.2d 1065, 1077
(1st Cir. 1978); Duncan v. Poythress, 657 F.2d 691, 702 (5th Cir. 1981); Florida State Conference of
N.A.A.C.P. v. Browning, 522 F.3d 1153, 1183-84 (11th Cir. 2008); Roe v. State of Ala. By & Through
Evans, 43 F.3d 574, 580-82 (11th Cir. 1995); Roe v. State of Ala., 68 F.3d 404, 407 (11th Cir. 1995);
113
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463. Under this Court’s precedents on procedural due process, not only intentional failure
to follow election law as enacted by a State’s legislature but also random and unauthorized acts by
state election officials and their designees in local government can violate the Due Process Clause.
Parratt v. Taylor, 451 U.S. 527, 537-41 (1981), overruled in part on other grounds by Daniels v.
Williams, 474 U.S. 327, 330-31 (1986); Hudson v. Palmer, 468 U.S. 517, 532 (1984).
464. The difference between intentional acts and random and unauthorized acts is the
their votes without prior state legislative post-election certifications of Presidential votes and of
Presidential electors.
466. Defendant States acted unconstitutionally by their state legislatures not voting for
467. Federal Defendants acted unconstitutionally under federal laws requiring counting
votes of Presidential electors who have not received state legislative post-election certification.
468. The actions set out in the paragraphs above constitute intentional violations of the
469. The Defendants, in violation of the Due Process Clause, prohibit state legislative
471. A declaratory judgment should issue, applicable to current and future elections,
declaring that the Due Process Clause requires state legislative post-election certification of
Presidential votes and of Presidential electors for Presidential elector votes to count in the U.S.
114
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472. Further, any count of Presidential electors in the current and future elections should
be declared invalid if based on votes of Presidential electors who have not received state legislative
post-election certification.
473. The Vice President and U.S. Congress should be enjoined from counting Presidential
elector votes, in the current and future elections, unless their respective state legislature has voted
affirmatively in a post-election vote to certify Presidential votes and their Presidential electors.
WHEREFORE, Plaintiffs respectfully request that this Court issue the following relief for
A. Issue a declaratory judgment, applying to the current and future elections, declaring that 3
U.S.C. §§ 5, 6 and 15 were and are unconstitutional deprivations of the state legislatures’
constitutional prerogative to post-election certification of the Presidential electors;
B. Issue a declaratory judgment, applying to current and future elections, declaring that Ariz.
Rev. Stat. § 16-212 (B), Ga. Code Ann. § 21-2-499 (B), Mich. Comp. Laws Ann. § 168.46,
Wis. Stat. § 7.70 (5) (b), 25 Pa. Cons. Stat. § 3166 and similar state laws are unconstitutional
delegations by the respective states of post-election Presidential election certification duties
to their respective executive branch officers when Article II requires such certifications to be
made by the respective state legislatures;
C. Issue a declaratory judgment, applying to current and future elections, that the Plaintiff-
voters’ constitutionally-protected voting rights in Presidential elections are being violated by
Defendants;
D. Issue a declaratory judgment, applying to current and future elections, that the Plaintiffs’
voting rights were violated under Article II, the Equal Protection Clause and the Due
Process Clause;
E. Enjoin the Vice President and U.S. Congress, in the current and future elections, from
counting Presidential elector votes from states unless their respective state legislatures vote
affirmatively in a post-election vote to certify their Presidential electors;
F. Alternatively, enjoin, in the current and future elections, the State Defendants’ state
legislatures to meet in their respective States to consider post-election certification of their
respective Presidential electors;
G. Award attorney’s fees and costs under 42 U.S.C. § 1988 to Plaintiffs against State
Defendants; and
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H. Grant such other relief as the Court deems just and proper.
/s/Erick G. Kaardal
DATED: December 22,, 2020 Erick G. Kaardal (WI0031)
Special Counsel for Amistad Project of
Thomas More Society
Mohrman, Kaardal & Erickson, P.A.
150 South Fifth Street, Suite 3100
Minneapolis, Minnesota 55402
Telephone: (612) 341-1074
Facsimile: (612) 341-1076
Email: [email protected]
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