Election Justice USA Files Lawsuit to Stop the Certification of California’s Primary Results

FOR IMMEDIATE RELEASE SAN DIEGO, CALIFORNIA – June 29th, 2016: Attorney Bill Simpich of Election Justice USA, with plaintiff Citizens Oversight under the direction of Ray Lutz, filed a complaint for injunctive and declaratory relief against the state of California intended to stop the certification of the June 7, 2016 Presidential primary results.
The defendants in the case are Alex Padilla, Secretary of State of the State of California; Michael Vu, San Diego County Registrar of Voters; Helen N. Robbins-Meyer, San Diego County Chief Administrative Officer; and San Diego County, a municipality.
The filing indicates several issues with the large number of vote-by-mail (VBM) and provisional ballots and cites the Registrar of Voters office’s failure to adhere to the Voter Bill of Rights (Elections Code Section 2300), which protects citizens’ rights to proper observation of all aspects of the voting process, as well as ballot counting procedures.
The primary cause of action is based on the violation of the right to vote. The intent of the voter was compromised when voters were not given proper ballots by which to exercise intent. Because of this, high numbers of write-in and provisional ballots have been removed from the counting process. In addition, the plaintiff alleges that the ballots cast for the Democratic presidential candidates have not been fully counted by either Defendant Vu or the county registrars.
The suit seeks to stop the certification of the results. The election code states that a 1% manual tally must be performed in two parts: one including 1% of all ballots cast at precincts (including provisional ballots and ballots removed) and one including 1% of all VBM ballots cast (including the VBM ballots already processed as well as those still in the queue to be processed). The filing states the registrar’s refusal to allow observation of the ballot handling process was widespread and seeks relief until these deficiencies are fully addressed.
About Election Justice USA: Election Justice USA (EJUSA) is a national coalition of seasoned election integrity experts, statisticians, attorneys, journalists, and activists whose mission is to ensure each vote is counted accurately within the electoral processes of the United States. The organization strives to educate and mobilize the voting public; collect and analyze individual testimonies, physical evidence, and voting statistics; file cases in state and federal court; and lead the movement for election reform. The 2016 Presidential primaries’ most prominent issues include: voter suppression, registration tampering, mass voter purging, vote by mail (VBM) and other ballot issues, poll closings, and inaccurate electronic voting machine (EVM) counts. In cooperation with like-minded organizations such as TrustVote.org and DemocracyCounts.org, EJUSA is forming a broad coalition to bring awareness, foster activism and oversight, and spearhead reform efforts while fighting the necessary battles in the courtroom.
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