(The Center Square) – Ten Congressional candidates and the Election Integrity Project®California have sued Gov. Gavin Newsom, California Attorney General Xavier Becerra, Secretary of State Alex Padilla and 11 county voter registrars alleging they violated several clauses of the U.S Constitution, allowing fraud to occur in the Nov. 3 election.
The plaintiffs are represented by Primary Law Group, P.C., and Tyler & Bursch, LLP, who on Jan. 4 filed a complaint for declaratory and injunctive relief in the U. S. District Court, Central District of California.
They allege the 14 state and county officials they sued violated the Elections Clause, the Equal Protection Clause, the Due Process Clause and the Guarantee Clause of the U.S. Constitution, and impacted the races of the 10 candidate-plaintiffs suing.
Practices that promote the casting of illegal or unreliable ballots fail to contain basic minimum guarantees and violate the Fourteenth Amendment, leading to the diminution in value of validly cast ballots, the plaintiffs argue.
“In contradiction of statutory law, counties across the state prevented citizen observers from meaningfully observing vote counting and ballot processing in the November 2020 election cycle,” the complaint states. “Observers were prevented from entering voting locations; kept 30, 40 or 50 feet back from vote counting operations, or even outside the counting rooms altogether; obstructed by having screens placed between observers and election workers so that observers could not see what election workers were doing; and many other instances of obstruction and concealment.”
The detailed 44-page complaint argues that “California’s use of voting machines supplied by Dominion and Smartmatic provided opportunities for registrars, election workers and others to tamper with results.”
In Ventura County, for example, the complaint states, “a Dominion employee was observed inserting a flash drive into a Dominion machine while it was tallying votes, after which the Dominion system was rebooted. The Dominion employee then removed the drive from the Dominion machine, placed it into his own laptop, and performed operations on the laptop. He then removed the drive from the laptop and provided it to the Ventura County election official who was operating the Dominion system.”
Prior to the election, Padilla maintained that voter fraud in California was “very rare.” He told KCRA News last September, after the state was sued over changes to election procedures, and still maintains, that there are a number of protocols in place to make sure no tampering with mail-in ballots occurred, including signature verification, water marks, and a receipt-tracking system.
But since then, Linda Paine, president of EIPCa, said they have collected “over 700 affidavits signed under the penalty of perjury evidencing election code violations, obstruction of our volunteer observers, failure to verify vote-by-mail signatures, irregularities and fraud in the November 3, 2020 election.” As a result, she said, “we have no choice but to bring this federal lawsuit in order an attempt to restore integrity to the election process.”
Last year, state Republican Assemblymen Kevin Kiley and James Gallagher sued Newsom over changes he made to election law, in what is the first of its kind lawsuit challenging the authority of a governor to make, change, and eliminate laws under an emergency declaration.
A date has yet to be scheduled for the next appeals court hearing for this case.
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