a draft

Apr 26, 2023

Dear Friends,

The following is a draft of a letter that can easily be modified to send to any county election official:

Subject: Public Records Request

Dear Xxxxx,

Your job is vitally important to "consent of the governed" (NE Constitution, Article I-1). Without honest elections, there is no true consent. If there is no true consent, government has no true legitimate power.
https://nebraskalegislature.gov/laws/articles.php?article=I-1

The duty of the election commissioner/clerk, per NRS 32-207, is to administer "fair and open elections free from outside influence."
https://nebraskalegislature.gov/laws/statutes.php?statute=32-207

Many people consider ES&S to be "outside influence" because they are a private company that is not transparent.

The People's elections have been subcontracted out to this company and our votes are being counted in a black box, using secret software. Software that can easily be changed to manipulate votes.

The machines are not secure, all assertions to the contrary notwithstanding. They are updated every election using portable media by staff that have no idea what is on that media. Post-election self-audits are not proof the machines are honest. A few precincts can easily be counted honestly while the rest are not.

There are two documents attached below. Both come by way of our Secretary of State's office. Please see page two of the certification document (EVS6100) for what "An EAC certification is not." [see document here]

Then see pg 3 for how the machine tallies votes.

Your tabulator scans each ballot and converts the voter selection marks to an electronic cast vote record, which can then be tallied.

The same process is referenced in the other attached document (Secure the Vote). That document references cast vote records on pgs 13 and 19. It also says on pg 17 that the tabulator "takes digital images of each processed ballot." The machines also generate "detailed audit and event logs." [Note to reader: this document is not online. If you want it, send me a note at robertjborer@gmail.com]

These digital records are public records, paid for by the People. There is no legitimate reason why they can't be made available to the Public. The only reason for keeping them hidden is because vote manipulation is occurring.

Having said all that, we are hereby making a formal public records request, pursuant to Nebraska Public Records Law § 84-712 et seq., for a digital copy of all cast vote records generated in the course of the [upcoming] Election as soon as the official results are announced. We would also like a digital copy of the file/s containing all the ballot images.

Without transparency and verifiability, We the People cannot have confidence in our "elections." The Salvation of the State is not Trust in the Citizen, but Watchfulness. We are only endeavoring to be watchful, and to hold government accountable, as responsible citizens should.

You were appointed/elected to serve the People. The People have a right to fair, honest, transparent and verifiable elections. Government are instituted to secure the rights of the People. —NE Constitution Article I-1.

Article I-22 says "there shall be no hindrance or impediment to the right of a qualified voter to exercise the elective franchise."
https://nebraskalegislature.gov/laws/articles.php?article=I-22

The elective franchise doesn't just consist in marking ovals on a ballot. It also consists in counting those ovals. Those marked ovals, and the counting of them, belong to the People.

Letting some private company count our votes in secret without verifiability on the part of the People is as much of a "hindrance or impediment" to exercising the elective franchise as a poll tax was in days gone by. Indeed, I would say much more so.

The digital world can just as easily be made to serve the People as it can be made to work against Us. Again, there's no legitimate reason to refuse to be transparent with what your tabulator is doing during the process of "counting" our votes.

I assume you took an oath to our Constitution, and not to Pillen or Evnen.

Thank you for your service.

Xxxxx

Just thought I’d share, since I just finished drafting it for a friend. I told him to modify as he wished.

I’ll leave you with the following passage from Lamentations 3:21-26 (the words, “His mercies are new every morning” came to me this morning as I was enjoying a walk with the dog in the fresh, early-morning air … I had to look it up when I got back):

This I recall to my mind, therefore have I hope. It is of the LORD'S mercies that we are not consumed, because his compassions fail not. They are new every morning: great is thy faithfulness. The LORD is my portion, saith my soul; therefore will I hope in him. The LORD is good unto them that wait for him, to the soul that seeketh him. It is good that a man should both hope and quietly wait for the salvation of the LORD.

It’s so easy for pride and self-reliance to creep in. See 1 Jn 2:15 & 16.

I’m in a season of prayer. We need God.

Blessings,

Robert

P.S. I said I’d share this when I got it. I filed a Public Records Request for Lancaster County Sheriff Terry Wagner’s oath of office. He responded promptly, unlike the SoS office.