IT MAY BE BORING----BUT IT IS THE MOST IMPORTANT PROCESS IN DEMOCRACY!
All of the lists of complaints I have identified this past week are violations of Federal Election law. These Federal election law violations will go to Federal Court and this lawsuit will also contest the Governor's Democratic Primary election results if Cindy Walsh for Governor loses. All of this must happen right after the governor's primary election results are certified.
At the same time, Maryland election law states clearly that the Maryland Election Board is responsible for seeing that not only state election law is followed----but Federal laws as well. Since I have spent 3 months writing to the election board these election violations and the need for protection----this is an offense of state election statute and will go to state court as a violation of state election law.
Keep in mind, I have identifies election violations from media and 501c3 exclusionary tactics, vote-buying using campaign funds/social services, deliberate manipulation of polling data.....
Many are easily proven and some will be hard, but all will be addressed in this lawsuit and sent to the Federal Election and Maryland State Election Commission. We need these cases on record. I am prepared to take it all the way-----I will appeal if need be and I will take it to the Supreme Court. I have self-represented 3 times and won each time so I am no slouch.
WHAT IS HAPPENING IN MARYLAND IS HAPPENING IN YOUR NECK OF THE WOODS. PLEASE DO NOT FALL FOR THE TALKING POINTS ON ELECTION VIOLATIONS----POLL ACCESS AND REGISTRATION----NONE OF THAT MATTERS IF ALL THE CANDIDATES PRESENTED TO YOU WORK AGAINST YOUR INTERESTS.
MARYLAND STATUTES AND CODES
Section 2-102 - Powers and duties. Listen § 2-102. Powers and duties.
(a) In general.- The State Board shall manage and supervise elections in the State and ensure compliance with the requirements of this article and any applicable federal law by all persons involved in the elections process.
(b) Specific powers and duties.- In exercising its authority under this article and in order to ensure compliance with this article and with any requirements of federal law, the State Board shall:
(1) supervise the conduct of elections in the State;
(2) direct, support, monitor, and evaluate the activities of each local board;
(3) have a staff sufficient to perform its functions;
[An. Code 1957, art. 33, § 2-102; 2002, ch. 291, §§ 2, 4; 2003, ch. 379, § 2; 2004, ch. 25; 2006, ch. 61, § 1.]
MARYLAND ELECTION LAW:
Subtitle 2. Judicial Review of Elections
12-202. Judicial challenges
a) In general--- If no other timely and adequate remedy is provided by this article, a registered voter may seek judicial relief from any act or omission relating to an election, whether or not the election has been held, on the grounds that the act or omission:
1) is inconsistent with this article or other law applicable to the elections process; and
2) may change or has changed the outcome of the election.
b) Place and time of filing.---- A registered voter may seek judicial relief under this section in the appropriate circuit court within the earlier of:
1) 10 days after the act or omission or the date the act or omission became known to the petitioner; or
2) 7 days after the election results are certified, unless the election was a gubernatorial primary or special primary election, in which case 3 days after the election results are certified. (An Code 1957, art. 33, 12-202; 2002, ch.291, 2, 4)
a) In general.---- A proceeding under this subtitle shall be conducted in accordance with the Maryland Rules, except that:
1) the proceeding shall be heard and decided without a jury and as expeditiously as the circumstances require;
2) on the request of a party or sua sponte, the chief administrative judge of the circuit court may assign the case to a three-judge panel of circuit court judges; and
3) an appeal shall be taken directly to the Court of Appeals within 5 days of the date of the decision of the circuit court.
b) Expedited appeal. ---- The Court of Appeals shall give priority to hear and decide an appeal brought under subsection (a) (3) of this section as expeditiously as the circumstances require. (An Code 1957, art.33, 12-303; 2002, ch 291, 2, 4)
a) In general. ------- The court may provide a remedy as provided in subsection (b) or (c) if this section if the court determines that the alleged act or omission materially affected the rights of interested parties or the purity of the elections process and:
1) may have changed the outcome of an election already held; or
2) may change the outcome of a pending election.
b) Act or omission that changed election outcome. ----If the court makes an affirmative determination that an act or omission was committed that changed the outcome of an election already held, the court shall:
1) declare void the election for the office or question involved and order that the election be held again at a date set by the court; or
2) order any other relief that will provide an adequate remedy.
c) Act or omission that may change outcome of pending election. ----- If the court makes an affirmative determination that an act or omission has been committed that may change the outcome of a pending election, the court may:
1) order any relief it considers appropriate under the circumstances; and
2) if the court determines that it is the only relief that will provide a remedy,, direct that the elections for the office or question involved be postponed and rescheduled on a date set by the court.
d) Clear and convincing evidence. ----- A determination of the court under subsection (a) of this section shall be based on clear and convincing evidence. (An Code 1957, art. 33, 12-204; 2002, ch. 291, 2, 4)
The media are a big source of this election rigging and this is critical. Private media has much responsibility to presenting factual information on elections if not simply an accurate list of candidates in a race. I dare say reporting these polls that we know are suspect is questionable media compliance to do no damage to a single candidate.
Federal Communications Commission Rules (Title 47 Code of Federal Regulations)
Statutes and Rules on Candidate Appearances & Advertising
Relevant Sections of the Communications Act of 1934
Section 312 [47 U.S.C. §312] Administrative sanctions. (a) The Commission may revoke any station license or construction permit –
(7) for willful or repeated failure to allow reasonable access to or to permit purchase of reasonable amounts of time for the use of a broadcasting station, other than a non-commercial educational broadcast station, by a legally qualified candidate for Federal elective office on behalf of his candidacy.
(f) For purposes of this section:
(1) The term “willful”, when used with reference to the commission or omission of any act, means the conscious and deliberate commission or omission of such act, irrespective of any intent to violate any provision of this Act or any rule or regulation of the Commission authorized by this Act or by a treaty ratified by the United States.
(2) The term “repeated”, when used with reference to the commission or omission of any act, means the commission or omission of such act more than once or, if such commission or omission is continuous, for more than one day.
Section 315 [47 U.S.C. §315] Facilities for candidates for public office.
(a) If any licensee shall permit any person who is a legally qualified candidate for any public office to use a broadcasting station, he shall afford equal opportunities to all other such candidates for that office in the use of such broadcasting station: Provided, That such licensee shall have no power of censorship over the material broadcast under the provision of this section. No obligation is hereby imposed under this subsection upon any licensee to allow the use of its station by any such candidate. Appearance by a legally qualified candidate on any –
(1) bona fide newscast,
(2) bona fide news interview,
(3) bona fide news documentary (if the appearance of the candidate is incidental to the presentation of the subject or subjects covered by the news documentary), or
(4) on-the-spot coverage of bona fide news events (including but not limited to political conventions and activities incidental thereto),
shall not be deemed to be use of a broadcasting station within the meaning of this subsection. Nothing in the foregoing sentence shall be construed as relieving broadcasters, in connection with the presentation of newscasts, news interviews, news documentaries, and on-the-spot coverage of news events, from the obligation imposed upon them under this Act to operate in the public interest and to afford reasonable opportunity for the discussion of conflicting views of issues of public importance.
Section 399 [47 U.S.C. §399] Support of political candidates prohibited.
No noncommercial educational broadcasting station may support or oppose any candidate for public office.
Section 399B [47 U.S.C. §399B] Offering of certain services, facilities, or products by public broadcasting stations.
For purposes of this section, the term “advertisement” means any message or other programming material which is broadcast or otherwise transmitted in exchange for any remuneration, and which is intended –
(1) to promote any service, facility, or product offered by any person who is engaged in such offering for profit;
(2) to express the views of any person with respect to any matter of public importance or interest; or
(3) to support or oppose any candidate for political office.
(1) Except as provided in paragraph (2), each public broadcast station shall be authorized to engage in the offering of services, facilities, or products in exchange for remuneration.
(2) No public broadcast station may make its facilities available to any person for the broadcast of any advertisement.
Section 73.1940 [47 CFR §73.1940] Legally qualified candidates for public office.
(a) A legally qualified candidate for public office is any person who:
(1) Has publicly announced his or her intention to run for nomination or office;
(2) Is qualified under the applicable local, State or Federal law to hold the office for which he or she is a candidate; and
(3) Has met the qualifications set forth in either paragraph (b), (c), (d), or (e) of this section.
(b) A person seeking election to any public office including that of President or Vice President of the United States, or nomination for any public office except that of President or Vice President, by means of a primary, general or special election, shall be considered a legally qualified candidate if, in addition to meeting the criteria set forth in paragraph (a) of this section, that person:
(1) Has qualified for a place on the ballot; or
(2) Has publicly committed himself or herself to seeking election by the write-in method and is eligible under applicable law to be voted for by sticker, by writing in his or her name on the ballot or by other method, and makes a substantial showing that he or she is a bona fide candidate for nomination or office.
(e) A person seeking nomination for the office of President or Vice President of the United States shall, for the purposes of the Communications Act and the rules thereunder, be considered a legally qualified candidate only in those States or territories (or the District of Columbia) in which, in addition to meeting the requirements set forth in paragraph (a) of this section:
(1) He or she, or proposed delegates on his or her behalf, have qualified for the primary or Presidential preference ballot in that State, territory or the District of Columbia; or
(2) He or she has made a substantial showing of a bona fide candidacy for such nomination in that State, territory or the District of Columbia; except, that any such person meeting the requirements set forth in paragraphs (a)(1) and (2) of this section in at least 10 States (or 9 and the District of Columbia) shall be considered a legally qualified candidate for nomination in all States, territories and the District of Columbia for purposes of this Act.
(f) The term "substantial showing" of a bona fide candidacy as used in paragraphs (b), (d) and (e) of this section means evidence that the person claiming to be a candidate has engaged to a substantial degree in activities commonly associated with political campaigning. Such activities normally would include making campaign speeches, distributing campaign literature, issuing press releases, maintaining a campaign committee, and establishing campaign headquarters (even though the headquarters in some instances might be the residence of the candidate or his or her campaign manager). Not all of the listed activities are necessarily required in each case to demonstrate a substantial showing, and there may be activities not listed herein which would contribute to such a showing.
[43 FR 32795, July 28, 1978, as amended at 43 FR 45856, Oct. 4, 1978; 43 FR 55769, Nov. 29, 1978; 45 FR 26066, Apr. 17, 1980; 45 FR 28141, Apr. 28, 1980; 57 FR 208, Jan. 3, 1992; 57 FR 27708, June 22, 1992]
Section 73.1941 [47 CFR §73.1941] Equal Opportunities.
(a) General requirements. Except as other-wise indicated in § 73.1944, no station licensee is required to permit the use of its facilities by any legally qualified candidate for public office, but if any licensee shall permit any such candidate to use its facilities, it shall afford equal opportunities to all other candidates for that office to use such facilities. Such licensee shall have no power of censorship over the material broadcast by any such candidate. Appearance by a legally qualified candidate on any:
(1) Bona fide newscast;
(2) Bona fide news interview;
(3) Bona fide news documentary (if the appearance of the candidate is incidental to the presentation of the subject or subjects covered by the news documentary); or
(4) On-the-spot coverage of bona fide news events (including, but not limited to political conventions and activities incidental thereto) shall not be deemed to be use of broadcasting station. (section 315(a) of the Communications Act.)
(b) Uses. As used in this section and § 73.1942, the term "use" means a candidate appearance (including by voice or picture) that is not exempt under paragraphs 73.1941 (a)(1) through (a)(4) of this section.
(c) Timing of request. A request for equal opportunities must be submitted to the licensee within 1 week of the day on which the first prior use giving rise to the right of equal opportunities occurred: Provided, however, That where the person was not a candidate at the time of such first prior use, he or she shall submit his or her request within 1 week of the first subsequent use after he or she has become a legally qualified candidate for the office in question.
(d) Burden of proof. A candidate requesting equal opportunities of the licensee or complaining of noncompliance to the Commission shall have the burden of proving that he or she and his or her opponent are legally qualified candidates for the same public office.
(e) Discrimination between candidates. In making time available to candidates for public office, no licensee shall make any discrimination between candidates in practices, regulations, facilities, or services for or in connection with the service rendered pursuant to this part, or make or give any preference to any candidate for public office or subject any such candidate to any prejudice or disadvantage; nor shall any licensee make any contract or other agreement which shall have the effect of permitting any legally qualified candidate for any public office to broadcast to the exclusion of other legally qualified candidates for the same public office.
[57 FR 208, Jan. 3, 1992; 59 FR 14568, March 29, 1994]
Here is the IRS law that restricts 501c3s from having forums/debates that damage one candidate's campaign. Non-profits must give equal time.
The Restriction of Political Campaign Intervention
by Section 501(c)(3) Tax-Exempt Organizations Under the Internal Revenue Code, all section 501(c)(3) organizations are absolutely prohibited from directly or indirectly participating in, or intervening in, any political campaign on behalf of (or in opposition to) any candidate for elective public office. Contributions to political campaign funds or public statements of position (verbal or written) made on behalf of the organization in favor of or in opposition to any candidate for public office clearly violate the prohibition against political campaign activity. Violating this prohibition may result in denial or revocation of tax-exempt status and the imposition of certain excise taxes.
Certain activities or expenditures may not be prohibited depending on the facts and circumstances. For example, certain voter education activities (including presenting public forums and publishing voter education guides) conducted in a non-partisan manner do not constitute prohibited political campaign activity. In addition, other activities intended to encourage people to participate in the electoral process, such as voter registration and get-out-the-vote drives, would not be prohibited political campaign activity if conducted in a non-partisan manner.
On the other hand, voter education or registration activities with evidence of bias that (a) would favor one candidate over another; (b) oppose a candidate in some manner; or (c) have the effect of favoring a candidate or group of candidates, will constitute prohibited participation or intervention.