rules of professional conduct grievance against secretary

retired air force colonel addresses election certifiability

Dear Friends,

Yesterday I filed a grievance with the State of Nebraska Judicial Branch over the professional ethics of Secretary of State Robert Evnen.

The main part of the Grievance Form is page 2, that asks the following:

What is your specific grievance?
Describe what you think the attorney did that would constitute a violation of the Rules of Professional Conduct. Identify your relationship to the attorney—client, opposing counsel, etc. Give actual dates of important events. Describe the legal proceeding— identify court, case number, stage of proceeding, whether it is on appeal, etc.

This was my answer:
This grievance assumes that Rules of Professional Conduct for attorneys apply when they serve in public office, AND that there is no statute of limitations on misconduct.

In 2022, I filed an affidavit with the Secretary of State's office, of which Robert Evnen was and still is in charge, and paid the $1050 filing fee to become an official write-in candidate for governor so that my write-in votes would be hand-counted, in line with NRS 32-615 and 32-1005.

In the Secretary's confirmation letter (attached) he explicitly stated, "Your name will be counted should it be written on the applicable write-in line on the ballot." There were no qualifications.

When it came time to count votes, the Secretary decided to act under the color of law (32-1008) and NOT count MY votes, saying MY votes had not met the county "threshold."

First of all, he stated in writing that my votes WOULD BE counted. Who pays $1050 without being assured that their votes will be counted?

Secondly, how does one know a "threshold" hasn't been met without counting the votes? And why should his word even be trusted? The Salvation of the State is Watchfulness in the Citizen, not trust.

Thirdly, what does a given county threshold have to do with determining whether votes should or shouldn't be counted in a statewide race?

I am filing this grievance at this time because I lost track of the Secretary's letter and recently stumbled upon it.

The filing fee was essentially robbery, when all was said and done. If I knew more about the legal process, and if I knew there was no statute of limitations on this, I would file a civil rights complaint.

My civil right to exercise the elective franchise as an official candidate and to have my vote and my supporters' votes honestly and verifiably counted was violated. (I had plenty of supporters across the state. I ran against Evnen in the primary and allegedly received 72,150 votes, after just 60 days of campaigning. I say "allegedly" because we aren't allowed to confirm results, in a counting process that is entirely secret. Evnen has outsourced that process to a secret, private corporation with no accountability to we the people. There is no verifiability or auditability of the election results allowed whatsoever. None. Votes are literally counted in a black box. There is something seriously wrong with this arrangement. Part of the reason for the write-in campaign was to force a hand-count of my write-in votes.)

We (myself and my supporters) were intentionally and dishonestly disenfranchised.

This is not the first time Evnen has lied to me and to voters in general.

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election certifiability
Great discussion with Ret AF Col, cybersecurity expert and “election” machine expert Shawn Smith over the certifiability of the recent election.

Discussion starts at about 3 1/2 minutes in. You don’t have to listen to all of it, or even half of it, to get some really good stuff out of it.
https://x.com/CauseAmerica/status/1861212205712318927

God bless,

Robert J. Borer