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42 USC 1973gg-9(a)(1)NOTICE TO MISSOURI SECRETARY OF STATE |
| From Marvalene Pankey, Reform Party Nominee for Missouri Secretary of State and Voter in USA Federal Election 2000 |
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| (Unfortunately there has been no full response to this as of 10/31/00. There was an earlier letter from Bekki Cook-below- addressing the sample ballots in part and a promise to provide copies of materials planned for the election authorities.) |
ELECT Marvalene Pankey MISSOURI SECRETARY OF STATE
307 W. Fields El Dorado Springs, Missouri 64744 417-876-4626 pankeyvictory2000@yahoo.com http://soar.to/pankeyvictory2000
Rebecca McDowell Cook
Chief Election Official of Missouri,
Missouri Secretary of State
Jefferson City, Missouri 65102
SUBJECT---NOTICE IN COMPLIANCE WITH 42 USC 1973gg-9(a)(1)requesting investigation into ballots not being in compliance with Mo. election laws; misuse of public funds to promote certain candidates and defraud the public from knowing of the other candidates; improper handicapped and disabled voting opportunities; use of intimidation, threats, and jail to discourage voting, voter registration, and interfere with a free and fair election; the potential for vote fraud and past pattern of "election irregularities" that nothing has been done to correct; and lack of compliance with preserving the integrity of the election through removing dead persons from the voter registration rolls.
1. Election materials vendors have legislated for their own profits and thus interfered with the free and fair election process. And for the additional purposes of confusing voters and confusing a judge or anyone who might try to prove vote fraud they have created ballots which are not in substantial compliance with Mo. laws. Although 115.231 RsMo. and 115.237 RsMo. conflict with each other, in part, no where has the Mo. General Assembly authorized ballots as are being used for electronic tabulation by most of the election authorities for election 2000.
a. The ballots as used this year are confusing, sometimes do not even contain the party emblem, never seem to have the caption below the party emblem as required by 115.241 RsMo, and never states the name of the office over and over with each candidate's name. An unfair advantage is certainly given to the two major party candidates as the ballots are arranged and candidates of the minor parties are lost in the shuffle. Most ballots do not even spell out the name of the party by the candidate's name and often two party names align with the candidate's name, ie. Nat.Law Candidate Name Ref---what a confusing mess.
b. Horizontal and vertical lines do not extend clear across the ballot in most cases and in fact the chaos may have a box drawn most anywhere. Missouri law requires the horizontal and vertical lines to direct people to their choices without trying to confuse or influence how they vote.
c. Ballots are not supposed to have stray marks or anything that might influence a vote or confuse people. Buchanan County has added shaded areas near some names on the ballot. 2. I am aware of the following public universities who refused to permit participation by all candidates and chose to give essentially free ads to major party candidates through discriminatory forums---Lincoln University, Jefferson City, September 5, 2000 and Truman State University, Kirksville, October 4, 2000(update 10/11/00---I understand the Kirksville event was cancelled). )Update 10/31/00 PBS refused to recognize anyone except the two so called major party candidates for debates and refuse to recognize candidates from the 5 other parties or the independent candidate as valid although all requirements have been met for being on the ballot and I certainly have been campaigning statewide. Missourinet refuses to recognize anyone not on the two so called major political parties, links to their web sites, and slants the "news" propaganda style against other candidates. Kansas City Star refuses to print facts regarding my candidacy acting as if Gaw, who has not even campaigned, and Blunt are the only candidates qualified for secretary of state. Frontline a so called non partisan St. Louis based publication distributed in churches and by mailings printed deceptive lies claiming the presidential nominees represent positions of candidates for other offices and refusing to print either my bio nor my platform.) Propaganda based on deception and lies used under the guise of "news" and nonpartisan information is against the spirit and laws of the form of government we have.
3. Missouri has not met the federal deadline for complying with voting for the handicapped and disabled. The legislature did not appropriate funds to insure compliance nor update the laws to require compliance. I don't know of any election authority providing voting instructions in large print nor through telecommuications devices for the disabled. I also know many places are not providing handicapped accessable polling places, but are choosing to embarass and disenfranchise disabled voters by asking them to stay out on the sidewalk for a ballot to be taken to them and
a Republican and Democrat watching them vote and delivering the ballot back inside in full view.
4. I have personally been the victim of considerable intimidation and threats to try to discourage my promotion of free and fair elections. Prior to the primary election the City of El Dorado Springs had the police surrounding my home, alarming neighbors, beating on doors and windows and the ambulance showing up at my home. All under the pretense the police department had a right to deliver an outdated letter from the city attorney insisting I must prove who I was as a new resident of the city although I have lived at the same residency since April, 1997. That week of terrorism was during the anniverary of my brother's murder near El Dorado Springs and the city attorney profitted from his estate. The next day after I won the primary the city police again were beating on my door and the U.S. Postal Inspector and a Mo. Department of Mental Health coordinator left their business cards at my door. In parades the Republicans have repeatedly surrounded my car and blocked the public from viewing my campaign signs. Thus far the police have refused to stop them. (Update 10/11/00 on 10/7/00 Matt Blunt's assistant tried to block my car from view, but failed when the St. Louis County Sheriff's department did their duty upon my request.) Richard Kline, Reform Party candidate for Mo. Governor, was arrested before the primary, in St. Charles County courthouse for campaigning inside the courthouse. Steve Reed, who was in general trying to register voters and helping with the federal campaign of Doug Burlison for U.S. Congress against Republican Roy Blunt, was arrested on Southwest Missouri State University campus and jailed on a trespassing charge. SMSU President Keiser has stated to me personally that Republican Party Greene County Clerk, Richard Struckhoff, who also admitted in 1996 he destroyed write in ballots with votes on them and who bragged in 1998 after he moved some voters from one precinct to another just before the election; had claimed Reed never turns in voter registration cards, collects names probably to sell, and never had his permission to register voters. Unfortunately Keiser's insistence Struckhoff can write rules as to who can register people to vote in Greene County continued as KTTs radio refused to air the interview they did of me claiming Reed did not have the proper permission to register voters. 5. Missouri's election problems go back to 1985 when then Mo.Governor John Ashcroft, then Mo. Secretary of State Roy Blunt, then Mo. Attorney General(now felon) Bill Webster, then Mo. House Speaker(now felon) Bob Griffin, Mo. Senator (then president pro tem)James Mathewson and some election vendors reached one or more agreements to ensure elections could be manipulated for the profits of those cooperating with the Mo. organized criminal enterprise. The pattern of some of the above problems go back to the mid 1980s as well. Years of use of the wrong ballots, progressively worsening of intimidation and police state tactics, and discouraging most people from actually voting does not make these issues lawful.
6. Missouri has a pattern of so called "election irregularities" at almost every election in recent years. The wrong ballots get to a precinct, but someone rules it really doesn't matter because what are a few ballots worth anyway. A name is wrong on the ballot, but again "so what". The polls run out of ballots and people leave the polls to never return or others vote on copy machine copies, but it doesn't matter because afterall it is just an election and a few people not voting really isn't a "big deal". And the list of irregularities and same stupid rulings that the importance of one person, one vote no longer matters. Add to that all the ballots that are "remakes" where a so called Republican and Democrat team make the ballot card over as to what they think the voter meant; and while they talk and pay little attention and often question whether what they mark is what they saw. And add all the ballots where the voter is thoroughly confused by the instructions which if present at all certainly are often not written simply. Why doesn't Missouri strive for perfectly lawful elections?
7. For the purposes of this notice being made public on line I am adding the pertinent laws below. I have not copied them for the hard copy delivery to Secretary Cook.
8. It remains my hope and sincere desire that there will be new beginnings for free and fair elections in Missouri with the election 2000. I would love to see Secretary of State Cook leave office with a legacy that she broke the cycle Roy Blunt started in the destruction of voting integrity in Missouri. I make the following requests and suggestions, any one of which would be a step in the proper direction: a. That the Mo. Secretary of State's office request an investigation by the U.S. Attorneys, Western and Eastern, of Missouri of all or in part, or any one of the points made above. b. That the Mo. Secretary of State ask the vendors of election materials and election authorities to voluntarily comply with Mo. election laws regarding how the ballots are to appear. c. That the Mo. Secretary of State seek a declaratory judgment from a court of law as to which Mo. ballots, if any, comply with the law. d. That the Mo. Secretary of State provide to each election authority and each election materials vendor a copy of 42 USC 1973ee and 42 USC 1973gg. e. That the Mo. Secretary of State make sure the statewide voter registration system does not have dead people registered to vote. f. That the Mo. Secretary of State do a major public relations campaign to educate voters how to vote, including how to mark a split ticket ballot. g. That the Mo. Secretary of State ask the Greene County Prosecuting Attorney to ask for a special prosecutor and that Greene County Clerk, Richard Struckhoff, be charged with violations of election laws. (One election authority ever charged of a violation of election laws would quickly straighten out most of the "problems" some of the others seem to have. Conviction of one certainly would be a deterrent for future thumbing their noses at the election laws.) h. That the Mo. Secretary of State dismiss Betsy Milner as Deputy of Elections. i. That the Mo. Secretary of State invite the candidates for the office of secretary of state and 5-10 multi-party reps. of others interested in the integrity of elections to voluntarily assist her and work with each other to help reassure the public we can have a free and fair election 2000.
Marvalene Pankey
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| Pertinent Federal Laws |
42 USC 1973gg-9. Civil enforcement and private right of action
(a) Attorney General
The Attorney General may bring a civil action in an appropriate
district court for such declaratory or injunctive relief as is
necessary to carry out this subchapter.
(b) Private right of action
(1) A person who is aggrieved by a violation of this subchapter
may provide written notice of the violation to the chief election
official of the State involved.
(2) If the violation is not corrected within 90 days after
receipt of a notice under paragraph (1), or within 20 days after
receipt of the notice if the violation occurred within 120 days
before the date of an election for Federal office, the aggrieved
person may bring a civil action in an appropriate district court
for declaratory or injunctive relief with respect to the violation.
(3) If the violation occurred within 30 days before the date of
an election for Federal office, the aggrieved person need not
provide notice to the chief election official of the State under
paragraph (1) before bringing a civil action under paragraph (2).
(c) Attorney's fees
In a civil action under this section, the court may allow the
prevailing party (other than the United States) reasonable attorney
fees, including litigation expenses, and costs.
(d) Relation to other laws
(1) The rights and remedies established by this section are in
addition to all other rights and remedies provided by law, and
neither the rights and remedies established by this section nor any
other provision of this subchapter shall supersede, restrict, or
limit the application of the Voting Rights Act of 1965 (42 U.S.C.
1973 et seq.).
(2) Nothing in this subchapter authorizes or requires conduct
that is prohibited by the Voting Rights Act of 1965 (42 U.S.C. 1973
et seq.).
42 USC 1973gg-10. Criminal penalties
A person, including an election official, who in any election for
Federal office -
(1) knowingly and willfully intimidates, threatens, or coerces,
or attempts to intimidate, threaten, or coerce, any person for -
(A) registering to vote, or voting, or attempting to register
or vote;
(B) urging or aiding any person to register to vote, to vote,
or to attempt to register or vote; or
(C) exercising any right under this subchapter; or
(2) knowingly and willfully deprives, defrauds, or attempts to
deprive or defraud the residents of a State of a fair and
impartially conducted election process, by -
(A) the procurement or submission of voter registration
applications that are known by the person to be materially
false, fictitious, or fraudulent under the laws of the State in
which the election is held; or
(B) the procurement, casting, or tabulation of ballots that
are known by the person to be materially false, fictitious, or
fraudulent under the laws of the State in which the election is
held,
shall be fined in accordance with title 18 (which fines shall be
paid into the general fund of the Treasury, miscellaneous receipts
(pursuant to section 3302 of title 31), notwithstanding any other
law), or imprisoned not more than 5 years, or both.
42 USC 1973gg-6
(2)(A) A State shall complete, not later than 90 days prior to the date of a primary or general election for Federal office, any
program the purpose of which is to systematically remove the names
of ineligible voters from the official lists of eligible voters.
(B) Subparagraph (A) shall not be construed to preclude -
(i) the removal of names from official lists of voters on a
basis described in paragraph (3)(A) or (B) or (4)(A) of
subsection (a) of this section; or
(ii) correction of registration records pursuant to this
subchapter. (d) Removal of names from voting rolls
(1) A State shall not remove the name of a registrant from the
official list of eligible voters in elections for Federal office on
the ground that the registrant has changed residence unless the
registrant - (A) confirms in writing that the registrant has changed
residence to a place outside the registrar's jurisdiction in
which the registrant is registered; or
(B)(i) has failed to respond to a notice described in paragraph
(2); and (ii) has not voted or appeared to vote (and, if necessary,
correct the registrar's record of the registrant's address) in an
election during the period beginning on the date of the notice
and ending on the day after the date of the second general
election for Federal office that occurs after the date of the notice.
(2) A notice is described
Section 1973gg-10. Criminal penalties
A person, including an election official, who in any election for
Federal office -
(1) knowingly and willfully intimidates, threatens, or coerces,
or attempts to intimidate, threaten, or coerce, any person for -
(A) registering to vote, or voting, or attempting to register
or vote;
(B) urging or aiding any person to register to vote, to vote,
or to attempt to register or vote; or
(C) exercising any right under this subchapter; or
(2) knowingly and willfully deprives, defrauds, or attempts to
deprive or defraud the residents of a State of a fair and
impartially conducted election process, by -
(A) the procurement or submission of voter registration
applications that are known by the person to be materially
false, fictitious, or fraudulent under the laws of the State in
which the election is held; or
(B) the procurement, casting, or tabulation of ballots that
are known by the person to be materially false, fictitious, or
fraudulent under the laws of the State in which the election is
held, shall be fined in accordance with title 18 (which fines shall be
paid into the general fund of the Treasury, miscellaneous receipts
(pursuant to section 3302 of title 31), notwithstanding any
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United States Code
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 20 - ELECTIVE FRANCHISE
SUBCHAPTER I-F - VOTING ACCESSIBILITY FOR THE ELDERLY AND HANDICAPPED
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U.S. Code as of: 01/05/99
Section 1973ee-3. Registration and voting aids
(a) Printed instructions; telecommunications devices for the deaf
Each State shall make available registration and voting aids for
Federal elections for handicapped and elderly individuals,
including -
(1) instructions, printed in large type, conspicuously
displayed at each permanent registration facility and each
polling place; and
(2) information by telecommunications devices for the deaf.
(b) Medical certification
No notarization or medical certification shall be required of a
handicapped voter with respect to an absentee ballot or an
application for such ballot, except that medical certification may
be required when the certification establishes eligibility, under
State law -
(1) to automatically receive an application or a ballot on a
continuing basis; or
(2) to apply for an absentee ballot after the deadline has
passed.
(c) Notice of availability of aids
The chief election officer of each State shall provide public
notice, calculated to reach elderly and handicapped voters, of the
availability of aids under this section, assistance under section
1973aa-6 of this title, and the procedures for voting by absentee
ballot, not later than general public notice of registration and
voting is provided.
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| Letter to Marvalene Pankey from Mo. Secretary of State Bekki Cook |
(It should be noted just 6 days later Missouri Governor Mel Carnahan and his son and
aide died in a horrible plane crash.)
Marvalene, the following letter was also sent via U.S. Mail.
October 10, 2000
Marvalene Pankey
307 W. Fields
El Dorado Springs, MO 64744
Dear Marvalene:
I have begun looking through the various ballots and we have
discussed some of the clear problems which you have pointed out. At
the same time, you have referenced some things that I think you feel are
problems which do have an explanation.
Sample ballots in a general election are not required to be mailed
to candidates. What you have received in the mail so far is something
you have received as a voluntary effort on the part of those clerks. Your
failure to receive them from the other election authorities is not in
violation of state law.
In many of the ballots, we are all seeing that there are no vertical
dividing lines. In checking with the clerks' vendors, we find that
these ballots are being printed on paper that already has the vertical lines
there. When printed, a box is ultimately available when the voter is
in the voting booth that we are not seeing on the copies we are receiving in
the mail.
We are continuing to go through these ballots to look at the
problems and see if we can get them enumerated per county with an eye
toward ultimately sending out good general instructions on how to prepare a
clear and accurate ballot. Specifics would go to the counties with problems
that we have seen with respect to their own ballots that they printed in
either the primary or general elections this year. What we are doing is
providing them some information as to the best possible practices.
I want to caution you that it is my opinion that the local election
authorities do have discretion to a certain degree. Section 115.237
(3), RSMO, provides "as nearly as practicable" the ballot should follow the
statutory form. The inclusion of this additional phrase, I believe,
opens up the right of discretion to the clerk in a much greater degree than
it does, for example in the form of the initiative petition or the
declaration of candidacy where that particular phrase is not added. If the
Legislature had intended there be uniformity it would be obvious that there would
be one vendor and one source for creating the balloting which would probably
be our office. That is not what the Legislature chose to do and the
Legislature allowed local control to prevail.
I will send you copies of our correspondence to the clerks, both as a
whole and individually. Sincerely,
Rebecca McDowell Cook RMC:ab
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| Marvalene Pankey responds to Bekki Cook's 10/10/00 letter, there has been zero other discussions or communications about these vital issues. |
Date: Tue, 10 Oct 2000 23:34:54 -0700 (PDT)
From: Elect Marvalene Pankey Missouri Secretary of State
Subject: Re: Ballots
To: "Cook, Bekki"
Bekki:
It is already nearly 1:30 a.m. and I just got here from St. Joe and will leave for Spfd. by 5 a.m., however, I did want to address couple of issues without fully
studying your letter yet.
The vertical line issue is not just on the "sample ballots"----I have my own absentee ballot and it is identical to what the "sample ballots" of that same style appear as. Unless there has been a change they are not doing any better with the vertical, horizontal line issue in the voting booth either.
I am well aware they do not have to send "sample ballots" for the general election. Seems like another silly quirk in the law, but I realize the legislature has neglected that and virtually everything else about elections for years. I did get KC's so called sample ballot in the mail today. They state again the punch number may change and the "sample ballot" consists of pages of white paper, without any emblems nor horizontal nor verticial lines and no instructions. I stopped past Jackson County and picked up a "sample ballot" today. I was first given a copy of the newspaper publication AGAIN. Then they asked me if I wanted the issues ballot and which one and I said I wanted each one. They reluctantly dug in a file cabinet and provided the various issue ballots AND a "sample ballot" for all the offices as well. (A different "sample ballot" without any vertical lines, etc.) Neither provided the punch numbers and I really upset them when I asked for my position number. They finally provided that out of another room although I was in the office clearly marked where absentee balloting was taking place without a booth. Have a blessed day.
Marvalene
10/11/2000 (Ask for copy if does not appear below.)
Subject: Re: Ballots
To: "Cook, Bekki" |
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