FactReal

QUICK FACTS: Politics, News, Economy, Religion, History…for busy people!

Archive for the ‘Left’ Category

Recount: Judge Sides with Nelson to Fix Signatures on Ballots

Posted by FactReal on November 15, 2018

ANYTHING TO WIN & GET POWER
Tallahassee Democrat: Injunction in Florida recount lawsuit gives mail-in voters time to fix signature on ballot

U.S. Chief Judge Mark Walker issued a preliminary injunction this morning in a lawsuit filed by U.S. Bill Nelson over ballots thrown out because of mismatched signatures — declaring a state law unconstitutional and offering a middle path to give voters a chance to correct their ballots.

“The precise issue in this case is whether Florida’s law that allows county election officials to reject vote-by-mail and provisional ballots for mismatched signatures — with no standards, an illusory process to cure, and no process to challenge the rejection — passes constitutional muster,” Walker said. “The answer is simple. It does not.”

The ruling is a victory for Nelson as he tries to narrow the almost 13,000 vote margin between him and Gov. Rick Scott in a razor-thin Senate race that is currently the subject of multiple lawsuits and is undergoing a machine recount, which will likely progress to a hand recount.

As of Wednesday afternoon, Division of Elections Director Maria Matthews had identified 3,688 vote-by-mail ballots and 93 provisional ballots in 45 counties that were not tabulated because of signature mismatches.

RELATED
LIST: Illegalities at Election Offices in Broward & Palm Beach (and Shenanigans)
LIST: Democrat Lawsuits Seeking to Change Election Laws in Florida
Bill Nelson Sues Hurricane-Ravaged County for Accepting 158 Emailed/Faxed Votes

Advertisements

Posted in Elections, Law, Left, USA-Florida | Tagged: , , , , | Leave a Comment »

LIST: Illegalities at Election Offices in Broward & Palm Beach (and Shenanigans)

Posted by FactReal on November 15, 2018

WHERE THERE’S SMOKE, THERE’S FIRE

(This is partial. We will be updating it as more information comes in.)

BROWARD & PALM BEACH DID NOT REPORT ELECTION RESULTS AS REQUIRED BY LAW
(30 min after polls close, every 45 min. updates)

Florida Election Law being Violated by Broward & Palm Beach Election Supervisors:
– – They violated Florida law requiring to upload by 7 p.m. on the day before the election the results of all early voting and vote-by-mail ballots.
– – They failed to follow Florida law which requires that early voting & vote-by-mail are accounted within 30 minutes of polls closing.
– – They violated Florida law which requires updated reports every 45 minutes until results are completely reported.

Law violated by Broward and Palm Beach election offices:
2018 Florida Statute: 102.141 County canvassing board; duties.—

(4)(a) The supervisor of elections shall upload into the county’s election management system by 7 p.m. on the day before the election the results of all early voting and vote-by-mail ballots that have been canvassed and tabulated by the end of the early voting period.

(b) The canvassing board shall report all early voting and all tabulated vote-by-mail results to the Department of State within 30 minutes after the polls close. Thereafter, the canvassing board shall report, with the exception of provisional ballot results, updated precinct election results to the department at least every 45 minutes until all results are completely reported. The supervisor of elections shall notify the department immediately of any circumstances that do not permit periodic updates as required.

NO TRANSPARENCY

Days after the polls closed, Broward and Palm Beach Counties continued counting ballots and neither of the election supervisors wanted to disclose how many ballots still existed or where these ballots came from.

Palm Beach County refused to provide information to the public. They also illegally refused to allow official party representatives into the ballot counting area and forced people to stand behind a glass wall with limited visibility and no ability to hear what is going on.

Days after voting has concluded, Broward was unwilling to disclose records revealing how many electors voted, how may ballots have been canvassed, and how many ballots remain to be canvassed.

VIOLATED CONSTITUTION & PUBLIC RECORDS ACT

Judges side with Rick Scott in lawsuit against Broward & Palm Beach Elections Supervisors
WFTV’s Field Sutton tweeted the judge found “that there has been a violation of the constitution and the public records act in the withholding of public records.”

Judge orders Broward:

A Broward judge ordered the county’s elections chief to turn over to Rick Scott’s campaign for the U.S. Senate an accounting of total ballots cast and a breakdown of votes by category — all due by 7 p.m. Friday.

Circuit Judge Carol-Lisa Phillips also held that Brenda Snipes, Broward’s supervisor of elections, was in violation of Florida public records laws for not fulfilling a request for that information by Scott’s campaign.

Phillips ordered Snipes to turn over the number of all ballots cast in Tuesday’s midterm election, broken down by absentee, early and Election Day votes. She also ordered her to provide the number of ballots still to be counted. […]

“It’s a simple case about access to information,” argued attorney Jason Zimmerman, with the law firm Gray Robinson. “We’re not talking about recounts…. This is not a partisan issue.” […]

Judge Phillips…said Florida public records of ballot totals and breakdowns should be available as soon as the polls close on Election Day. She cited Florida statute and a major South Florida appellate case that said “the court should rule in favor of disclosure rather than secrecy.”

Judge orders Palm Beach:

In the Palm Beach County case, Scott claimed Supervisor of Elections Susan Bucher failed to allow his campaign to inspect potentially damaged absentee ballots mailed in by overseas military members and others. His campaign also asserted that Bucher’s office violated the law by determining whether those mail-in votes were valid, instead of having the county’s canvassing do that.

Palm Beach County Circuit Judge Krista Marx ordered on Friday that any ballot that Bucher or her staff disqualifies will need to be reviewed by the county’s canvassing board. Marx also ordered Bucher to provide a list by 4 p.m. Friday of everyone who voted by provisional ballot.

PALM BEACH DUPLICATED BALLOTS ILLEGALLY

Palm Beach replaced damaged ballots without witnesses as required by law:
Palm Beach election office filled out new ballots to replace damaged ones without allowing campaign representative to witness the process of creating the new ballot as required by Florida law.

BROWARD & PALM BEACH NOT COMPLYING WITH JUDGES’ ORDERS

Four days after Election Day, Broward & Palm Beach still not reporting according to Florida law
– As of today, Palm Beach supervisor, Susan Bucher, has yet to comply with the order from the judge.
– On Friday night, Broward election supervisor, Brenda Snipes, appeared to have complied but she submitted data that could not be accessed. “Scott’s lawyers waited outside the Supervisor of Elections office into the evening Friday waiting to get in and do their inspection. Then they told CBS4’s Carey Codd that they were asked to return for their inspection at 10 a.m. Saturday,” CBS-Miami reported.

NELSON & GILLUM LAWYERS OK TO COUNT NON-CITIZEN VOTES

Tweet: Friday night, during the Canvassing Board meeting in Palm Beach County, lawyers for both Bill Nelson & Andrew Gillum OBJECTED to Palm Beach officials rejecting a ballot from a non-U.S. citizen.

BROWARD MIXED BAD BALLOTS WITH VALID ONES

Broward “Accidentally” Mixed Bad Ballots with Valid Ones – Miami Herald

NO CAMERAS ALLOWED

Palm Beach elections supervisor banned media cameras from public ballot-counting & threatens them with arrest. .

Media outlets sued “Susan Bucher and the Palm Beach County Canvassing Board for refusing to allow us to record video while they review ballots in a public meeting,” reported NBC6’s Marissa Bagg.

BROWARD VIOLATED FLORIDA LAW BY COUNTING VOTES AFTER SATURDAY DEADLINE

More than an hour after the noon Saturday deadline to submit all ballots (besides military and overseas ballots), the Broward County Canvassing Board continued counting ballots, in violation of state law.

Video: After multiple objections, the lawyer representing Bill Nelson’s campaign stood up and stated that their campaign is “not objecting” to the illegal activity.

To prevent shenanigans, Rick Scott filed new legal complaints against Broward & Palm Beach election officials:

(None of the complaints calls to invalidate lawfully cast ballots.)
– One of the complaints (PDF) is asking a judge to bar Broward County canvassing board from including ballots counted after Saturday’s noon deadline in the final vote tally, because it is a violation of state law.

– The other filings (PDF) against the Broward and Palm Beach elections supervisors request that the Florida Department of Law Enforcement (FDLE) and the county sheriffs impound and secure all voting machines, tabulating devices and ballots when they are not in use until the conclusion of the recount.

Broward Judge Offered Compromise – Both Sides Agreed to Add 3 Deputies to Monitor Recount

DEMS ENDORSED BREAKING THE LAW

Video: Bill Nelson Campaign OK with Breaking the Law by Broward Canvassing Board

DEMS TRYING TO CHANGE LAW AFTER ELECTION NIGHT

LIST: Democrat Lawsuits Seeking to Change Election Laws in Florida

DEMS SAID “COUNT ALL THE VOTES”, EXCEPT REPUBLICANS’

Bill Nelson Sues Hurricane-Ravaged County for Allowing 158 Emailed/Faxed Votes
Why? Bay County is a Republican stronghold.

…more to come…

Posted in Elections, Left, USA-Florida | Tagged: , , , , , , | Leave a Comment »

Bill Nelson Sues Hurricane-Ravaged County for Accepting 158 Emailed/Faxed Votes

Posted by FactReal on November 15, 2018

DIDN’T DEMOCRATS SAY, “COUNT EVERY VOTE”?
But that didn’t apply to Republican areas like Bay County, Florida, which was battered by Hurricane Michael on October 10, 2018 – two weeks before the start of early voting in that county.

Remember, Nelson and other Democrats are trying to legalize illegal/invalid Democrat votes by filing several lawsuits to try to change Florida election laws after losing on Election Day.

Tampa Bay TImes: Bill Nelson sues for fax, email voting records from Bay County

Democrat Bill Nelson has filed a recount-related lawsuit. Again.

The incumbent candidate for U.S. Senate, who has filed two other lawsuits in the past week, is suing Bay County Supervisor of Elections Mark Andersen for copies of vote-by-mail ballots received via e-mail or fax.

Andersen allegedly failed to comply with a records request sent Monday, according to a complaint filed Wednesday.

The supervisor told the Times/Herald on Monday that 11 ballots were accepted by email and 147 ballots were domestically faxed in, though state statute does not allow emailed ballots, and faxing in ballots is only permitted for military and voters overseas. […]

Republican candidate Gov. Rick Scott won roughly 74 percent of the vote in Bay County.

Andersen defended his decision, noting the Bay County voters who were displaced by the storm that rocked the heavily Republican coastal county one month ago.

AccuWeather video: Mexico Beach, FL aerial damage survey after Hurricane Michael (Oct. 18, 2018)

CNN: Hurricane Michael aftermath: Thousands join recovery efforts as many residents remain missing (October 14, 2018)

As residents pick up the pieces after Hurricane Michael, and teams comb through rubble in search of survivors, authorities say it could be weeks or months before a sense of normalcy returns to storm-ravaged Florida. […]

The widespread destruction has left many people living in dire conditions. Residents have been waiting in long lines to collect bottle water and ready-to-eat meals (MREs) at several distribution centers. Helicopters are also airdropping food and water to remote areas. […]

Every school in Bay County damaged, official says
The future of thousands of students also remains unclear, especially those in Bay County, where schools are closed until further notice.
“It’s not going to be a normal school year. There’s nothing normal about where we are right now,” Bay District Schools Superintendent Bill Husfelt told CNN affiliate WMBB.
With the majority of its 26,000 students displaced and many schools deemed not safe because of the damage, officials are discussing alternative ways to get students back to the classroom or provide psychological aid for them.

More: Hurricane Michael: Bay County

Posted in Elections, Law, Left | Tagged: , , , , , , | Leave a Comment »

LIST: Democrat Lawsuits Seeking to Change Election Laws in Florida

Posted by FactReal on November 14, 2018

DEMS WANT JUDGES (NOT VOTERS) TO DECIDE ELECTIONS
A list of key lawsuits filed during the 2018 Florida recount was published by the Miami Herald yesterday evening. We summarize here reports by the Herald and others.
(This page will be updated as more information comes in.)
.

SUMMARY OF LAWSUITS FILED BY DEMOCRATS:
Democrat Bill Nelson and Democratic Executive Committee vs. Florida Secretary of State Ken Detzner
Filed: Thursday, Nov. 8, 2018
Plaintiffs: Nelson and Dem. Exec. Committee

They want:
– an immediate injunction to force Florida to count as valid votes all mail-in and provisional ballots that are deemed to have a signature mismatch. That would challenge Florida law, which requires officials to reject signatures that don’t match the ones on file.
to extend Saturday’s deadline to canvass ballots until the legal matter is resolved.

The law states: Florida law requires officials to reject signatures that don’t match the ones on file.

Status: Judge Mark Walker is overseeing the case. A hearing is scheduled in Tallahassee for Wednesday afternoon.
————

League of Women Voters, Common Cause and Joanne Lynch Aye vs. Republican Rick Scott
Filed: Monday, November 12, 2018 in federal court
Plaintiffs: Leftwing groups: League of Women Voters and Common Cause. Joanne Lynch Aye, a Broward voter.
Represented by the group Protect Democracy.

They claim:
– Scott is improperly using his position as governor to influence the recount in the U.S. Senate race in which he is a candidate.
– Scott is using the powers of his office “to benefit himself and his party and to intimidate the local officials and volunteers conducting the vote count.”

They want:
– Rick Scott to recuse himself.
– a judge to file a restraining order against Scott, to prohibit him from using his authority in any way to influence the 2018 Senate race.

[What is their proof?]
[Read: Judges side with Rick Scott in lawsuit against Broward & Palm Beach Elections Supervisors]
[Read: Rick Scott’s New Legal Complaints against Broward & Palm Beach Election Officials]

Status: A hearing is scheduled for Wednesday morning before Judge Mark Walker in Tallahassee.
————

VoteVets Action Fund and the Democratic National Committee vs. State of Florida
Filed: Monday, November 12, 2018 in federal court
Plaintiffs: VoteVets Action Fund (a progressive veterans’ advocacy group) and Dem. Nat. Committee, and Dem. Senatorial Campaign Committe

They want:
that mail-in ballots that were postmarked before Election Day, but not delivered before the polls closed at 7 p.m., be counted.
– to get post-marked absentees to be counted within 10 days after the election, similarly to overseas military members’ ballots.

They claim: Nelson’s attorney, Marc Elias, cited the example of a few hundred mail-in ballots that were postmarked before Nov. 6 but got stranded at an Opa-locka postal facility, possibly because of an FBI investigation into a Miami-Dade man who sent pipe bombs through the mail before the election.

The law states: According to Florida law, mail-in ballots cannot be counted if they arrive after 7 p.m. on Election Day.

Status: Pending before U.S. District Judge Mark Walker in Tallahassee.
————

Democrat Jim Bonfiglio vs. Florida Secretary of State Ken Detzner
Filed: Tuesday, November 13, 2018 in Leon County Circuit Court.
Plaintiffs: Bonfiglio, who was trailing by 37 votes against Republican Mike Caruso for House District 89. Nelson’s campaign filed a motion to join Bonfiglio’s lawsuit.

They want:
to extend the deadline for the machine recount from 3 p.m. Thursday to next Tuesday, Nov. 20, 2018 [see update below]

Status: Circuit Judge Karen Gievers suspended certain deadlines for the recount in Palm Beach County not only for Bonfiglio’s statehouse race, but also for three statewide races, including Nelson’s.

Detzner is trying to move the case to federal court in the Northern District of Florida in Tallahassee.

The law states: Under state law, the machine recounts must be completed by 3 p.m. Thursday and the manual recounts must be completed by noon Sunday.

Update: This case to extend the deadline has been moved to federal court:
Via Tampa Bay Times – Nov. 13, 2018:

An effort to extend the deadline for Palm Beach County’s race to re-tally votes in the state’s tightly contested races before a Thursday deadline has moved to federal court, making an oral state court decision to grant more time moot.

The case was moved Tuesday after a Tallahassee judge told Democratic candidate Jim Bonfiglio during a telephone conference earlier in the day that she would grant an extension. […]

[B]efore Leon County Circuit Judge Karen Gievers could issue the order in writing, attorneys for Secretary of State Ken Detzner filed a notice to move the case to federal court, meaning she no longer had jurisdiction. Detzner’s attorney’s motion was filed at 2:37 p.m. Gievers’ order was issued at 4:49 p.m. […]

[A]bout two hours before she finished writing the order, Detzner’s attorney filed their federal motion arguing that because Bonfiglio argues his U.S. constitutional rights under the Fifth and 14th Amendments were violated, the case should be heard in federal court.

————

Democrat Bill Nelson for U.S. Senate vs. Ken Detzner et al.
Filed: Tuesday, November 13, 2018
Plaintiff: Nelson’s campaign

Nelson wants:
– a federal judge to extend the deadlines for machine and manual recounts for an unspecified period of time.

The law states: Under state law, the machine recounts must be completed by 3 p.m. Thursday and the manual recounts must be completed by noon Sunday.

Status: U.S. District Judge Mark Walker in Tallahassee scheduled a status conference on the suit for 9 a.m. Thursday.
————

Update: Bill Nelson Sues Hurricane-Ravaged Bay County for 158 Emailed/Faxed Votes

————

THIS IS WHAT MARCO RUBIO HAS BEEN SAYING:
“In short, Dem lawyers came to Florida to get judges to change Florida elections laws, AFTER the election. That isn’t a strategy to win an election, that is a strategy to steal an election. 4/4”

SOURCES:
– Miami Herald, “Here’s a quick guide to the key lawsuits filed so far regarding the Florida 2018 recounts” (Nov. 13, 2018 at 07:24 PM)
https://www.miamiherald.com/news/politics-government/election/article221575425.html

RELATED
Palm Beach illegally making duplicate ballots without submitting to full canvassing board?
Broward submitted vote totals that included ballots disqualified by canvassing board

Posted in Elections, Law, Left | Tagged: , , , , , | Leave a Comment »

Video: Bill Nelson Campaign OK with Breaking the Law by Broward Canvassing Board

Posted by FactReal on November 12, 2018

LEFTISTS ARE HERE TO WIN…EVEN IF THEY HAVE TO BREAK THE LAW
Video of Broward Canvassing Board meeting on Saturday, November 10, 2018:

At video mark 0:17, you can see Bill Nelson’s campaign standing up and stating that their campaign is “not objecting” to the Canvassing Board’s illegal activity of counting ballots after the noon deadline this past Saturday.

People there loudly celebrated the Nelson’s campaign comment.

(Will the leftist mainstream media call this conspiracy theory too?)

Bill Nelson Campaign Endorses Broward Canvassing Board Breaking The Law (Saturday, November 10, 2018)
Via Rick Scott’s website:

More than an hour after the noon deadline to submit all ballots (besides military and overseas ballots), the Broward County Canvassing Board continued counting ballots, in violation of state law.

After multiple objections, the lawyer representing Bill Nelson’s campaign stood up and stated that their campaign is “not objecting” to the illegal activity.

RELATED
Rick Scott’s new legal complaints (PDF) asking judge to bar Broward County canvassing board from including ballots counted after Saturday’s noon deadline in the final vote tally, because it is a violation of state law.

Posted in Elections, Law, Left, Uncategorized | Tagged: , , , , , | Leave a Comment »

Broward “Accidentally” Mixed Bad Ballots with Valid Ones – Miami Herald

Posted by FactReal on November 10, 2018

The left-learning Miami Herald published this article describing some of the shenanigans at Broward elections office. Of course, they had to minimize the gravity of the situation. Starting with their headline (“Whoops!”), the Miami Herald wants us to think it was just a mistake…move on…nothing to see. Would they take it so lightly if it were Donald Trump running the Broward elections department?

Whoops! Brenda Snipes’ office mixed bad provisional ballots with good ones
By Alex Harris
November 09, 2018 10:38PM
#https://www.miamiherald.com/news/local/community/broward/article221452655.html

Broward’s elections supervisor accidentally mixed more than a dozen rejected ballots with nearly 200 valid ones, a circumstance that is unlikely to help Brenda Snipes push back against Republican allegations of incompetence.

The mistake — for which no one had a solution Friday night — was discovered after Snipes agreed to present 205 provisional ballots to the Broward County canvassing board for inspection. She had initially intended to handle the ballots administratively, but agreed to present them to the canvassing board after Republican attorneys objected. […]

…The elections department didn’t originally intend to have the canvassing board review those votes, but after uproar from lawyers for the Republican Party, the office handed them over to the board, which usually reviews ballots still in the envelopes.

On Friday, the three-person canvassing board — on which Snipes usually sits — found about 20 of those 205 votes had mismatched signatures and declared them illegal. That means there are at least 20 illegal votes mixed into an anonymous pile of 205, all sitting in a machine that counted them but did not add them to the final count.

“The ballots cannot be identified,” Snipes confirmed when a lawyer for the Republican Party asked.

Republican Party lawyers immediately pressed Snipes about the future of those 205 votes and if they’d be counted. Snipes declined to answer and continued judging signatures on remaining ballots.

RELATED
Cameras banned by Elections Supervisor during Public Ballot-Counting in S. Florida
Read: Florida Election Law being Violated in Broward & Palm Beach

..

Posted in Elections, Left, USA-Florida | Tagged: , , , , , , | Leave a Comment »