November 14, 2022
This has not been widely known, but now it is possible to tell you.
As you know, citizens of Mesa County filed suit against the county commissioners and election officer to find the electronic voting system illegal. The suit was supported by a declaration from a qualified expert who had examined images of the Mesa County voting system. The corrupt and inept judge dismissed the complaint because he said the plaintiffs had to join the secretary of state. The court rule on which he relied instructed the judge to order plaintiffs to join the secretary of state and then proceed with the case. Instead, the corrupt and inept judge (yes, I said it twice) dismissed the case.
The county attorney in Mesa County then filed a motion with the court to order the plaintiffs and their attorneys to pay the county over $11,000 to reimburse for the time of the county attorneys who worked on the case. Hardly ever are attorney fees awarded in this situation. If you want to understand the legal standards and how they apply here, you will find all the pleadings and exhibits here:
https://www.dropbox.com/scl/fo/t70577b67oo89cjjhkwek/h?dl=0&rlkey=jgpru3t06r97kn6lg0hvat75g(Also, scroll down for links most of the pleadings and exhibits listed below.)
Bottom line: for several reasons, no way the county is entitled to attorney fees. But of course a corrupt and inept judge is involved (third time).
The county attorney told plaintiffs’ counsel the plaintiffs should not have filed this suit because the D.A in Mesa had made a presentation to the county commissioners “proving” there is no problem with the electronic voting system. Chuptzpah! (Look it up.). A lawyer said that. It’s like saying if the D.A. indicts someone, send the accused directly to prison without a trial. This is the justice system under which we are governed. IN COLORADO, NO LESS.
The plaintiffs are retired folks living on limited incomes. The attorney representing them is working for peanuts and himself is a retired veteran. They can't afford this. Nor should they have to. They stepped up on behalf of all citizens to expose a corrupt election system. This is their reward?
Note that virtually the identical suit was filed in El Paso County (dismissed on similar grounds; now the case is in Denver with the Sec State as a defendant). El Paso County hasn’t tried to get attorney fees; they know what a fool’s errand that is.
The Mesa plaintiffs and their attorney are fighting this unreasonable demand. They will take it to the Colorado Court of Appeals if necessary.
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Oct. 13, 2022
The state courts in Mesa and El Paso Counties dismissed the complaints seeking to exclude use of the illegal electronic voting machines in the November election. Neither court was willing to reach the merits; both dismissed the case on procedural grounds. Both courts were wrong. They cited no legal authority that supports their rulings.
Consideration was given to filing an appeal to the Colorado Supreme Court (the only court that can hear an appeal). But it was decided that would only waste time. Both Mesa and EPC courts said the defect was failure to sue the secretary of state. So today a complaint was filed against the secretary of state. It’s pretty much the same complaint, with the addition of some statements about how the courts seem to be afraid to hear the evidence. Which they are.
VIEW THE OCT. 13 2022 COMPLAINT (.pdf)
SCROLL DOWN FOR LINKS TO PLEADINGS
August 26, 2022
1. This petition is narrowly focused on the illegality of the Mesa County electronic,
computer-based voting system. The system is illegal because it systematically deletes
records in the normal course of its operation. Further, periodic updates of the system
delete all records located on the system at the time of the update. The records it deletes
are required to be preserved under Colorado and federal law. Accordingly, it is illegal to
continue to use the system.
Complete list of pleadings and exhibits:
Most of the pleadings and exhibits are here:
2022-0819 Ex 1.1 - Doug Gould Resume
2022-0819 Ex 2 - DOJ Pub - Federal Law Constraints on Post-Election Audits
2022-0819 Verified Petition Mesa County
2022-0820 Amended Verified Petition El Paso County
2022-0822 El Paso County Summons.pdf
2022-0825 El Paso County Returns of Service.pdf
2022-0915 El Paso County Respondents Motion Dismiss.pdf
2022-0915 El Paso County RMTD Exhibit A - SOS certificationLetter.pdf
2022-0916 El Paso County RMTD Proposed Order.pdf
2022-0922 El Paso Ptrs Brief Opposing Motion to Dismiss.pdf
2022-0926 El Paso Respondents Reply MTD.pdf
2022-0927 El Paso Kirkwood Election Complaint to SoS.pdf
2022-0928 El Paso Ex A - 2d Amended Verified Petition.pdf
2022-0928 El Paso Ptrs Unopposed Mtn Amend Verified Petition.pdf
2022-0928 El Paso Ptrs Unopposed Mtn File Surreply.pdf
2022-0929 El Paso Notice Trial.pdf
2022-0929 El Paso Ptrs Surreply Opposing MTD.pdf
2022-1002 El Paso Order Granting Motion to Amend Verified Petition.pdf
2022-1002 El Paso Order Granting Motion to File Surreply.pdf
2022-1003 El Paso Subpoena Duces Tecum to SOS.pdf
2022-1004 Affidavit of Service.pdf