On November 26, Rocky De La Fuente sued Michigan for excluding him from the Republican presidential primary ballot. Gonzalez v Benson, e.d., 2:19cv-13515. Here is the Complaint.
Michigan law says the Secretary of State shall list presidential candidates who are mentioned in the media. The Complaint charges that the Secretary of State failed to notice that De La Fuente is discussed in Spanish-language media, and although that he is mentioned on the internet. The case is assigned to U.S. District Court Judge Denise Page Hood, a Clinton appointee.
Shocking — Rocky was not *recognized* by the MI SOS HACK.
IE – even more VOID for Vagueness stuff.
Must sue for BIIIG $$$ DAMAGES to bankrupt ALL EVIL rotted statist HACKS/MORONS –
besides asking Fed DAs to have Grand jury indictments for violations of civil rights
18 USC 241-242 — to put the HACKS into Fed slammers for years and years.
https://www.pacermonitor.com/public/case/31158899/Gonzalez_v_Benson
GOOO Rocky GOOO
Rocky has been filing a lot of lawsuits related to ballot access. Has he won any of them?
Rocky won his Virginia 2016 lawsuit on general election ballot access. As a result, candidates for presidential elector, for petitioning presidential candidates, no longer must reveal their entire social security number.
The Mich prez primary mere law scheme SUPER VIOLATES the SECRET ballot language in the 1963 Mich Const.
Art II
ELECTIONS
Sec. 4. (1) Every citizen of the United States who is an elector qualified to vote in Michigan shall have the following rights:
(a) The right, once registered, to vote a secret ballot in all elections.
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All rights set forth in this subsection shall be self-executing. This subsection shall be liberally construed in favor of voters’ rights in order to effectuate its purposes. Nothing contained in this subsection shall prevent the legislature from expanding voters’ rights beyond what is provided herein. This subsection and any portion hereof shall be severable. If any portion of this subsection is held invalid or unenforceable as to any person or circumstance, that invalidity or unenforceability shall not affect the validity, enforceability, or application of any other portion of this subsection.
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TOTAL EVIL CORRUPT RED DONKEY communist Mich SOS — part of the EVIL *establishment*.
“…the Michigan Republican Party wrote to the Secretary of State that they only supported inclusion of President Trump as a primary candidate on the ballot.” OK, so then what’s the point of even holding a primary?… other than wasting taxpayer dollars.
Mich Election Law — part
168.615c Selection of political party ballot by elector; separate record; disclosure; record retention.
Sec. 615c.
(1) In order to vote at a presidential primary election, an elector shall indicate in writing, on a form prescribed by the secretary of state, which political party ballot he or she wishes to vote when appearing at a presidential primary election.
(2) The secretary of state shall develop a procedure for city and township clerks to use when keeping a separate record at a presidential primary election that contains the printed name, address, and qualified voter file number of each elector and the political party ballot selected by that elector at the presidential primary election.
(3) The information acquired or in the possession of a public body indicating which political party ballot an elector selected at a presidential primary election is not exempt from disclosure under the freedom of information act, 1976 PA 442, MCL 15.231 to 15.246.
(4) Within 71 days after the presidential primary election, the secretary of state shall make available to the public in an electronic format a file of the records for each political party described under subsection (2). The secretary of state shall set a schedule for county, city, and township clerks to submit data or documents required under subsection (2). The secretary of state and county, city, and township clerks shall destroy the information indicating which political party ballot each elector selected at the presidential primary election as recorded in subsection (2) immediately after the expiration of the 22-month federal election records retention period.
History: Add. 2011, Act 163, Imd. Eff. Oct. 4, 2011
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DIRECT UNCON SUBVERSION OF MICH CONST ABOVE – SECRET BALLOT.
@DR,
It is probably construed that you are voting a secret ballot, even if you had to request a party’s ballot.
What if *** presidential*** is removed in Sec. 615c ???
LONG history of PURGES in Mich between olde car corps and commie UAW —
producing the SECRET ballot language in PUBLIC elections paid for by taxpayers.
The MICH top exec HACKS [among others] have been informed of II-4 and 615c above.
Stay tuned.
Define “media”.
@DR,
II.4(1)(a) was added last November as part of Proposition 3.
Previously, the legislature was required to enact laws, that among other attributes, preserve the secrecy of the ballot. That bit still remains in II.4(2).
168.615C was passed in 2011, after the 2008 Democrat debacle. I wonder if Hillary’s hypocrisy in keeping on the ballot cost her the state in 2016?
Since a secret ballot is now a constitutional right in Michigan, I wonder how a challenge to 168.615C would fare?
Does Michigan have partisan elections for Supreme Court judges?
Though it has been the practice in Michigan to have anonymous affiliation in primaries, can it truly be said that where voters are given different ballots, their votes are not secret?
Is “secret” vague?
Olde 1908 MICH CONST
Art III, Sec. 7. All votes shall be given by ballot, except for such township officers as may be authorized by law to be otherwise chosen.
Art III, Sec. 8. Laws shall be passed to preserve the purity of elections and guard against abuses of the elective franchise, and to provide for the recall of all elective officers, except judges of courts of record and courts of like jurisdiction upon petition of 25 per centum of the number of electors who voted at the preceding election for the office of governor in their respective electoral districts.
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1963 MI CONST
Art. II, Sec. 4. The legislature shall enact laws to regulate the time, place and manner of all nominations and elections, except as otherwise provided in this constitution or in the constitution and laws of the United States. The legislature shall enact laws to preserve the purity of elections, [[[ to preserve the secrecy of the ballot ]]], to guard against abuses of the elective franchise, and to provide for a system of voter registration and absentee voting. No law shall be enacted which permits a candidate in any partisan primary or partisan election to have a ballot designation except when required for identification of candidates for the same office who have the same or similar surnames.
Nov 2018 Amdt of II-4 —–
Sec. 4. (1) Every citizen of the United States who is an elector qualified to vote in Michigan shall have the
following rights:
(a) The right, once registered, to vote a secret ballot in all elections.
*******
All rights set forth in this subsection shall be self-executing. This subsection shall be liberally construed in favor of voters’ rights in order to effectuate its purposes. Nothing contained in this subsection shall prevent the legislature from expanding voters’ rights beyond what is provided herein. This subsection and any portion hereof shall be severable. If any portion of this subsection is held invalid or unenforceable as to any person or circumstance, that invalidity or unenforceability shall not affect the validity, enforceability, or application of any other portion of this subsection.
(2) Except as otherwise provided in this constitution or in the constitution or laws of the United States the legislature shall enact laws to regulate the time, place and manner of all nominations and elections, to preserve the purity of elections, [[[ to preserve the secrecy of the ballot,]]] to guard against abuses of the elective franchise, and to provide for a system of voter registration and absentee voting. No law shall be enacted which permits a candidate in any partisan primary or partisan election to have a ballot designation except when required for identification of candidates for the same office who have the same or similar surnames.
History: Const. 1963, Art. II, § 4, Eff. Jan. 1, 1964;.Am. Init., approved Nov. 6, 2018, Eff. Dec. 22, 2018.
DUPLICATION of SECRET / SECRECY — by the genius MORON WRITERS OF 2018 PROP 3.
Art. VI, Sec. 2. The supreme court shall consist of seven justices elected at non-partisan elections as provided by law. The term of office shall be eight years and not more than two terms of office shall expire at the same time. Nominations for justices of the supreme court shall be in the manner prescribed by law. Any incumbent justice whose term is to expire may become a candidate for re-election by filing an affidavit of candidacy, in the form and manner prescribed by law, not less than 180 days prior to the expiration of his term.
PARTY HACK nominations at party HACK fall conventions of Mich SCT by law via the FATAL loophole Nomination sentence.
https://scholarship.law.upenn.edu/cgi/viewcontent.cgi?article=4461&context=penn_law_review
1893 – Early State secret ballot laws/cases — for the BAN data base
https://repository.law.umich.edu/cgi/viewcontent.cgi?article=1415&context=mjlr
2003 — secret ballot update
https://secretballotatrisk.org/Secret-Ballot-At-Risk.pdf
2016
Counter-attacks on secret ballots by the ANTI-Democracy oligarchs/monarchs.
@DR,
Those last two articles are extraneous to a discussion as to whether the disclosure of party affiliation during the Michigan Presidential primary violates the Michigan.
What is a secret ballot?
Is it a ballot where the markings made by the voter are not trackable to the voter?
A voter will be give a different ballot if they live in the Soo, or North Toledo, West Windsor, or Far East Waukegan. While that is a matter of public record, the markings made on those ballots is secret.
While traditionally Michigan voters have affiliated with a party by marking their primary ballot, and therefore secret, does the process used in the presidential primary violate the right to a secret ballot?
Did Proposition 3 establish a new cause of action?
https://en.wikipedia.org/wiki/Secret_ballot
ANY secret ballot cases in Texas ???
@DR,
In Texas, someone who votes unlawfully is not entitled to a secret ballot. In a contested election, there are always irregularities that are uncovered. If the “voters” can be found, they may be deposed. Typically they don’t remember who they voted for. Many can’t be located.
Repeat-
ANY secret ballot cases in Texas ???
It appears the magic word *secret* does NOT appear in the Texas Const. in connection with anything.
https://tlc.texas.gov/docs/legref/TxConst.pdf
JR can report IF there are mere Texas laws about *secret* ballots —
IE higher or lower percent of rigged/STOLEN elections in Texas compared to other regimes – esp other ex-slave State regimes.
esp 1948 USA Senate L B Johnson — later USA Prez killer of low millions in Vietnam WAR in 1963-1969.
@DR,
Texas Constitution, Article V, Section 4
TEC Chapter 64.
TEC 221.009
Texas Const
Art VI, Sec. 4. ELECTIONS BY BALLOT; PURITY OF ELECTIONS; REGISTRATION
OF VOTERS. In all elections by the people, the vote shall be by ballot, and the
Legislature shall provide for the numbering of tickets and make such other
regulations as may be necessary to detect and punish fraud and preserve
the purity of the ballot box; and the Legislature shall provide by law for the
registration on of all voters. (Amended Aug. 11, 1891, and Nov. 8, 1966.)
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Magic ***SECRET*** adjective not there. IT really shows in Texas and other STONE AGE regimes.
Mere Texas law —
Sec. 221.009. COMPELLING VOTER TO REVEAL VOTE. (a) A voter who cast an illegal vote may be compelled, after the illegality has been established to the satisfaction of the tribunal hearing the contest, to disclose the name of the candidate for whom the voter voted or how the voter voted on a measure if the issue is relevant to the election contest.
(b) If the number of illegal votes is equal to or greater than the number of votes necessary to change the outcome of an election, the tribunal may declare the election void without attempting to determine how individual voters voted.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986. Amended by Acts 1997, 75th Leg., ch. 864, Sec. 228, eff. Sept. 1, 1997.
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Magic ***SECRET*** adjective not there. IT really shows in Texas and other STONE AGE regimes.
OBVIOUS *recognized* difference between LEGAL and ILLEGAL votes in ALL 50 States ??? —
esp after 2000 Bush v Gore.
See that 2002 USA HAVA section — written esp for ALL the super-MORONS in the FL regime [and other rotted MORON regimes].
NOOOO SECRET ballots in States having *closed* primaries -IE public party / FACTION registration [PURGE] lists.
NOOOO primaries – SECRET ballots in ALL States.
PR and AppV and TOTSOP
Why do you say “secret” is a magic word. Do legislators in Michigan vote secretly?
OBVIOUSLY *magic* in context of VOTERS voting.
The gerrymander oligarch HACKS vote behind closed doors [sometimes in secret – voting on top hacks] and then do robot public votes on bills, etc.
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ALL major/larger govts in the USA are EVIL CORRUPT ANTI-DEMOCRACY minority rule gerrymander oligarch/monarch regimes in making laws —
regardless of ALL distractions.
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PR and AppV and TOTSOP
@DR,
Why do you think Texas does not have secret ballot?