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Ballot Access Lawsuit

Direct link to this page: http://www.copswiki.org/Common/BallotAccessLawsuit
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Background

This lawsuit was filed due to our request to view ballots was denied by the Registrar of Voters, Michael Vu. The goal of this request and the first few rounds of request are found here:

We suspect possible tampering of the Early VBM ballots in the 2016 Primary election -- the only ballots where Clinton won over Sanders. All other ballot categories (polling places, Later VBM and Provisional) Sanders was the winner. Election officials must preserve the ballots for 22 months after the election. But they claim also that they are "sealed" and no one can see them. However, there is no dispute that these are public records and there is no specific exemption for voted ballots, and there is no voter-identifiable information on them. We believe the seal is only to preserve the ballots, not keep them from public review.

As of Friday, October 6:
The county responded to our complaint with a demurrer, which challenges the legal basis of our complaint. We filed an opposition to the demurrer and now we will have a hearing on Oct 13 2017, in this preliminary phase. If we win, then the case proceeds, and the county will have to respond to our complaint in full.

As of Friday, October 13
Hearing on the demurrer resulted in the court SUSTAINING it, with prejudice. That means the next step is to appeal it.

Timeline

  • 2017-07-25 -- Lawsuit officially filed.
  • 2017-07-31 -- Notice of similar case -- referenced Election Audit Lawsuit.
  • 2017-08-04 -- County files "DEFENDANTSí OBJECTION TO NOTICE OF RELATED CASES"
  • 2017-09-11 -- County files demurrer
  • 2017-09-26 -- Opposition to demurrer filed by Plaintiff
  • 2017-10-12 -- Tentative Ruling (Sustaining Demurrer)
  • 2017-10-13 -- Court hearing scheduled for 10:30am, Dept 66 (Hon. Kenneth J. Medel) - No changes to tentative ruling. Judge indicates he expects this to be appealed.

Documents

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Summary of articles submitted (Add | All):

Discussion List

See List Serve for all email discussion lists and to add more.

Project Form edit

Project Name Ballot Access Lawsuit
Project Description Lawsuit against the San Diego Registrar of Voters to Access Ballots as Public Records
Project Founder Ray Lutz
Project Curator Ray Lutz
Project Type Issue Oversight
Project Parents Election Integrity
Related Keywords Easy Voting, Election Team, Snapshot Protocol, Election Audit Lawsuit, Snapshot Protocol
Project Status Active
Publish Status Published
Thumbnail Link
Forum Link
List Serve Topic Election Integrity List
Topic revision: r5 - 2017-10-13, RaymondLutz
 

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