Lawsuit Filed in Federal Court to End California’s Unconstitutional Election Process

 

The Election Integrity Project California is advocating for election integrity and transparency, which are critical for the enfranchisement of every eligible voter, regardless of party or political view.

 
Case Summary

The Election Integrity Project California is advocating for election integrity and transparency, which are critical for the enfranchisement of every eligible voter, regardless of party or political view. This suit primarily challenges California’s unconstitutional election process for future elections. Our Constitutional Republic is founded on the sacred right of every eligible citizen to cast an equal vote to determine who will represent him or her in government. Over the past three decades in California, these rights have been intentionally eroded by an onslaught of unconstitutional statutes, regulations, executive orders, and voting practices which, taken together, are designed to create an environment in which elections could be manipulated and eligible voters of all political viewpoints disenfranchised. This process includes near-universal vote-by-mail (“VBM”) balloting, while eliminating chain-of-custody and signature verification protections, treating in-person voters differently from VBM voters, and sending ballots to large numbers of ineligible voters. 

This endangers many of California’s most vulnerable populations, including the young, the elderly, and non-citizens. It has also led to pervasive irregularities in the election process that threaten to disenfranchise California voters. Plaintiffs are seeking preservation of past voting materials for expert audit, the appointment of special masters, and declaratory judgment against unconstitutional bills and practices.

Press Releases

Press Release

ADVOCATES FOR FAITH & FREEDOM
FOR IMMEDIATE RELEASE: Tuesday, September 10, 2024

CONTACT: Nicole Velasco at
media@faith-freedom.COM

California Firm Seeks En Banc Review After Ninth Circuit Rejects Election Integrity Case

For Immediate Release, Murrieta, CA - September 6, 2024, Advocates for Faith and Freedom filed a request for an en banc review after a Ninth Circuit Panel dismissed a lawsuit challenging California’s arbitrary, inconsistent, and unfair election practices. The lawsuit, brought on behalf of Election Integrity Project California (EIPCa), alleged that California Secretary of State Shirley Weber violated constitutional procedures by sending mail-in ballots to all active voters and waiving signature verification.

Advocates for Faith and Freedom contests the Ninth Circuit’s decision, arguing that these actions undermine election integrity and constitutional safeguards. Advocates aims to overturn the ruling and ensure election laws are upheld as prescribed by the U.S. Constitution.

Advocates for Faith and Freedom is also highlighting several key issues with California’s election system. According to records, over 1,000,000 more voters were registered in California than there were eligible citizens as of April 28, 2020. Additionally, appellants in the case allege that 124,000 more votes were officially certified than the number of voters recorded in state records for the 2020 election.

Advocates disagrees with the Panel’s decision that a constitutional challenge requires proving “massive disenfranchisement” or a “complete lack of integrity” in the election. They argue that this sets an unrealistically high standard and conflicts with other courts that focus on whether the election process is fundamentally fair. They believe the Panel’s ruling overlooks key issues affecting the fairness of California’s election practices.

“The unchecked distribution of mail-in ballots, combined with the lack of signature verification, opens the door to potential election fraud and erodes public trust in the voting process,” said Robert Tyler, legal counsel for Advocates for Faith and Freedom. “As millions of Americans prepare to vote in November, they expect free and fair elections. The actions of California Secretary of State Weber compromise the fairness of our electoral system, and the Panel’s ruling fails to secure the integrity of that process. We are committed to restoring the legal safeguards necessary to protect our electoral process.”

“The United States of America is a Representative Constitutional Republic based on citizen self-governance, beginning with our ability to choose our representatives in an election system that should be likened to a vault - nothing in, nothing out except the vote of each citizen,” says Linda Paine, President of EIPCa. “EIPCa has spent the past 14 years documenting every aspect of California’s election process. This level of research is anything but ‘garden variety’!”

An en banc review would allow the case to be reconsidered by a larger panel of judges, providing an opportunity for a more thorough examination of the constitutional issues at hand.

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Press Release

ADVOCATES FOR FAITH & FREEDOM
FOR IMMEDIATE RELEASE: Thursday, August 15, 2024

CONTACT: Nicole Velasco at
media@faith-freedom.COM

California Court Rules Against Election Integrity

For Immediate Release, Murrieta, CA - Today, the Ninth Circuit Court of Appeals ruled against Election Integrity Project California (EIPCa)’s efforts to ensure every lawfully cast vote is accurately counted. In their lawsuit, EIPCa accused California Governor Gavin Newsom and California Secretary of State Shirly Weber of enforcing unconstitutional election laws and regulations.  

The lawsuit filed by EIPCa alleges that the Governor and Secretary of State violated constitutional election procedures by sending out mail-in ballots to every active voter in the registry and waving signature verification requirements on those ballots. There were no requirements for uniformity, and thus, ballots were handled differently in different counties.

EIPCa received over 700 affidavits signed under penalty of perjury from EIPCa-trained observers who consistently reported election workers not adequately verifying signatures and, in some cases, counting ballots without signatures.

“The battle for fair elections is not over,” said Robert Tyler, legal counsel for Advocates for Faith and Freedom. “Fair elections are critical to representative government, and they need to be secure from unlawful interference. We believe that the court's ruling fails to secure the integrity of our election process in California. We are committed to challenging this ruling with a request for En Banc review and possibly with a submission to the U.S. Supreme Court.”

“For over a decade, Election Integrity Project®California has researched and documented every aspect of California’s election process and identified how California laws and regulations have transformed an Election Day into a 60-day election season fraught with easy to manipulate procedures,” says Linda Paine, President of EIPCa. “We are committed to protecting citizens’ rights to have their lawfully cast vote accurately counted!”

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Press Release

ADVOCATES FOR FAITH & FREEDOM
FOR IMMEDIATE RELEASE: MONDAY, Novembe 21, 2022

CONTACT: Nicole Velasco at
media@faith-freedom.COM

Ninth Circuit Rules Election Integrity Project®California has Standing to Challenge Constitutionality of California’s Election Laws, Regulations and Procedures

For Immediate Release 11/21/2022, Santa Clarita, California – The Ninth Circuit has ruled that Election Integrity Project®California (EIPCa) and recent and future congressional candidates have standing to challenge the Constitutionality of California’s election laws, regulations, policies and procedures that have weakened or removed integrity from the election process. Though the Constitution gives authority to state legislators to pass laws to manage elections and process ballots, EIPCa asserts they do not have carte blanche authority to pass laws that diminish the value of lawfully cast ballots.

The decision remanded the lawsuit to the lower court for discovery, which is the next phase of the litigation.

Over the last decade, California has passed laws, orders and regulations that have led to massive irregularities, culminating in the 2020 election, when Governor Newsom authorized mailing a ballot to all “active” registrants on the voter rolls and former Secretary of State Alex Padilla gutted signature verification requirements. EIPCa received over 700 affidavits signed under penalty of perjury from EIPCa-trained observers who consistently reported election workers not adequately verifying signatures and, in some cases, counting ballots without signatures.

Because neither the state legislature nor Alex Padilla required uniform and secure vote casting and counting procedures, uneven procedures were applied across counties.  EIPCa and its co-plaintiffs filed this lawsuit against Governor Newsom, the Attorney General, the Secretary of State, and thirteen county registrars.

“This lawsuit is monumental because it is the first to challenge the constitutionality of California’s election laws and procedures, and we are the first to get past standing,” says Mariah Gondeiro, lead attorney with Advocates for Faith and Freedom. “If we win, California will be required to enforce secure and uniform vote casting and vote counting procedures.”

“For over a decade, Election Integrity Project®California has researched and documented every aspect of California’s election process and identified how these laws transformed an Election Day into a 60-day election season fraught with easy to manipulate procedures,” says Linda Paine, President of EIPCa. “We are now seeing California Style laws in states across the country creating the same problems that have been witnessed and documented by EIPCa-trained observers in California for years.”

About Advocates for Faith & Freedom (www.faith-freedom.com): Advocates for Faith & Freedom is a non-profit law firm dedicated to protecting constitutional and religious liberty in the courts.

About Election Integrity Project®California, Inc. (EIPCa) (www.eip-ca.com): Election Integrity Project®California, Inc. (“EIPCa”) is a California non-profit public benefit corporation committed to defending, through education, research, and advocacy the civil rights of U.S. citizens to fully participate in the election process under Federal and state law.

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Legal Documents
Media, Photos And Video
 

Attorneys Robert Tyler and Mariah Gondeiro give an update on our current election case. August 25, 2022

Linda Paine, EIPCa President & CEO

Ruth Weiss, EIPCa VP & Director

For additional comments and interviews, please email Jake Matthews at Jake@JLKPolitical.com.

About Advocates for Faith & Freedom (www.faith-freedom.com): Advocates for Faith & Freedom is a non-profit law firm dedicated to protecting constitutional and religious liberty in the courts. Our mission is to engage in cases that will uphold our religious liberty and America’s heritage and to educate Americans about our fundamental constitutional rights.


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