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Nevada: The Constitution As A Weapon Against Democracy PDF  | Print |  Email
By John Gideon, and VoteTrustUSA   
September 04, 2006

Let me preface this with a statement. I am not an attorney. I'm just a retired "knuckle dragger" (marine machinist). While I'm not an academic I do have the ability to read something and know what it says especially when it is written in clear English. I've also got a bit more common sense than most academics because I've had to exercise it throughout my life.


Any reader of The BRAD BLOG is familiar with the court decision from San Diego County. Essentially the judge ruled that he did not have jurisdiction because Bilbray was already sworn in as a member of Congress and the US Constitution gives the Legislative Branch jurisdiction over elections of their members.


Friday's Nevada Appeal has an article regarding a court challenge that stemmed from problems in the GOP primary election for Congress. That race between Dean Heller, present Secretary of State, and Sharron Angle, was closely contested and Ms. Angle filed the challenge based on what she thought to be possibly illegal practices in Washoe County.


The judge threw out the case, not on a finding that the practices were not illegal but on a constitutional basis. The judge found that he had no jurisdiction, in part, according to Article 1, Section 5 of the US Constitution.

The pertinent part of Article 1, Section 5 says: "Each House shall be the judge of the elections, returns and qualifications of its own members,........". Note the phrase "of its own members".


We learned from Busby-Bilbray that the California Secretary of State's staff almost fell over themselves getting a memo to Denny Hastert to tell him that Bilbray won the election even though the certification of that election, and the final and legal naming of the winner of the election, was days away. That directly led to Bilbray being sworn in and becoming a member or the House of Representatives.


However, in Nevada we have two citizens running in the GOP Congressional primary. Neither of them is a member of congress now. So how, and why, did Article 1, Section 5 of the US Constitution come into play? How can anyone read the Constitution and decide that the people's votes don't matter, the Legislative Branch will make the decision for us?

Nevada: Congressional Election Contest Filed In District Court PDF  | Print |  Email
By Warren Stewart, VoteTrustUSA   
August 31, 2006

"When elections are run in a way that people who want to vote cannot, there is a fundamental problem with the integrity of the entire election process."

In a case that is exposing divisions within the state’s Republican party, Congressional candidate Sharron Angle has filed papers in Washoe District court seeking to nullify the Aug. 15 Republican primary election.


According to the official results Angle lost in her bid to represent the Republican party in the the November general election for Nevada’s Second District U.S. House seat to Nevada’s current Secretary of State Dean Heller by just 421 votes.

Nevada Senator John Ensign, who lost in his first bid for the Senate by 428 votes in 1998, reported called Angle urging her to drop her plans to challenge the election. According to a Reno Gazette-Journal article Angle confirmed that "I indeed got a call from Senator Ensign. He told me that sometimes, you have to sacrifice your principles for the greater good.” Angle then pointed out that “Senator Ensign has never supported me in my elections previous to this one. He has the same campaign manager as Dean Heller.”

Nevada Congressional Candidate To Challenge Primary Election Results PDF  | Print |  Email
By Warren Stewart, VoteTrustUSA   
August 28, 2006
Republican Congressional candidate Sharron Angle (pictured at right) has aanounced that she will challenge the results of her August 15 primary loss to Secretary of State Dean Heller in the hope of nullifying the election and holding a re-vote. Official results gave Heller a 421 margin of victory in the contest to choose a candidate to run against Democrat Jill Derby for Nevada’s Second District congressional seat, currently held by gubernatorial hopeful Jim Gibbons.

At a press conference in Reno on Friday, Angle said that rather than requesting a recount, she would challenge the election results in district court "based on errors in the voting process," which she maintained "clouded the outcome of the election to the point that the true winner is unknown."

"In this situation, the voters do not know who would have received the majority of votes if errors did not occur," said Angle. "Out of respect for the will of the people and their right to vote, I am obligated to contest the outcome of this election and request a special election."

According to an article in the Nevada Appeal, Elections Deputy Ellick Hsu said Nevada's 17 county elections officials estimated costs totaling $115,000 to do the recount and Sequoia Voting Systems, which manufactured and programmed the machines, said it would charge $175,000 - a total of $290,000. This money would need to be deposited by Angle campaign before a recount would be conducted.

The cost of a re-vote would be significantly more and would be borne by the counties effected. While the total cost is unknown, Washoe county registrar of Voters Dan Burke estimated that the cost would be $400,000 in his county alone.
County Officials Reject Heller's New Voter Registration System PDF  | Print |  Email
By Cy Ryan, Las Vegas Sun   
December 08, 2005
This article appeared in the Las Vegas Sun.

CARSON CITY -- A $4.6 million project by Secretary of State Dean Heller to start a statewide voter registration system has turned sour.

Clerks and voter registrars from the 17 counties that now handle the elections said the system under development is unreliable, inaccurate and should be scrapped in the 2006 election.

In addition, a new computer system, plagued with a multitude of problems, will not meet the Jan. 1 deadline imposed by the federal government.

Larry Lomax, Clark County registrar of voters, wrote a letter on behalf of all local election officials to Heller, saying it would "be irresponsible on our part to switch to a system that would not allow us to carry out our statutory responsibilities."
Voter Registration Plan in Works PDF  | Print |  Email
By Brendan Riley, Associated Press   
December 07, 2005
This article appeared in the North Lake Tahoe Bonanza.

CARSON CITY - State and local election officials meet Thursday in Las Vegas to work out final details of an alternative to a statewide voter registration system that won't be ready for the start of Nevada's 2006 election cycle.

Representatives of Secretary of State Dean Heller's office and various clerks and registrars from around the state will meet in the office of Clark County Registrar Larry Lomax to finalize their "Plan B" solution to a federal mandate on voter registration.

A system linking the 17 counties and Heller's office is being developed by Covansys, under a $4.6 million contract. But Heller said Monday it won't be ready by a Jan. 1 deadline.

Covansys "just ran out of time" in trying to meet the deadline imposed under the federal Help America Vote Act, Heller said. "So we had to come up with an alternative."

The alternative is a "bottom-up" system using existing computer systems to feed voter registration information from county election officials to Heller's office, which will maintain a database that can be checked to guard against any voter registration fraud or other problems.

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