why did the NE legislature outlaw electronic voting systems in 2019?

​Dear Friends,

I just dropped the bomb below, to the usual suspects. I’m hitting the SoS office, and especially Bena, between the eyes.

Subject: lies from the SoS office, election falsification a felony

Dear Friends,

Deputy Secretary Wayne Bena, an unelected bureaucrat who took no oath, has no loyalty to Nebraskans, and doesn't actually preside over any of our elections (only county election officials preside over Nebraska's elections), recently went on record (again) as saying it is "against state law" to hand count votes unless the computerized tabulator goes down and another one isn’t available.

That is nonsense. Bena is lying. He’s just trying to protect his investment in ES&S and their secret electronic voting system.

It is NOT hand counting that is against state law, it is Bena's electronic voting system that is against state law.

The Nebraska Legislature spoke loud and clear in 2019. Nebraska Revised Statute 32-1041 says:

(2) No electronic voting system shall be used under the Election Act. (See here on page 18.) 

Nebraska Revised Statute 32-110.01 provides the definition of an "electronic voting system":

"Electronic voting system means a voting system in which each part of the process is done electronically."

Nebraska Revised Statute 32-119.01 provides the definition of a "voting system":

"Voting system means the process of creating, casting, and counting ballots and includes any software or service used in such process."

Why did the Legislature make electronic voting systems unlawful? Simple. Because ”we all know how unsecure [electronic voting] is and how we shouldn't be doing it.” Floor Debate 2019

If casting a vote electronically is unsecure, so is counting a vote electronically.

Bena's voting system is an electronic voting system, and as such, it is against state law. Not to mention common sense. (It is also against the law in another regard: The cost of elections is supposed to be a county expense, according to Nebraska Revised Statute 32-1201. Making the cost of elections a county expense confers county ownership and county sovereignty in our elections. Electronic voting systems are very expensive. Plus they are built with planned obsolescence. Many of our counties couldn't afford them. During this presentation before the Lancaster County Board on July 18th of 2023, Bena admitted, in so many words, to breaking the law and hijacking and centralizing certain county election expenses. More information on what transpired over the last several years can be found here: NEBRASKA SECRETARY OF STATE REPORT TO THE ELECTION SYSTEM ADVISORY TASK FORCE)

Now then. Bena will try to take issue with my argument and say that we do not have an electronic voting system because we use paper ballots. But, for all intents and purposes, those paper ballots do not exist because concerned and Watchful Citizens are never allowed access to them to verify any election results—and it will stay this way because electronic/computerized "vote-counting" tabulators can easily be secretly programmed to avoid the narrow margin of "victory" required before a recount can be demanded. That is where the rubber meets the road.

32-1041(2) expresses the spirit of the law and the will of voters. The spirit of the law speaks to the true intent of the law. (But Bena has other intentions, and they don't include the spirit of the law or the will of Nebraska voters.)

The rest of 32-1041, subsections (1) and (3), reinforce my argument that Bena is lying about hand counts being against the law:
(1) The election commissioner or county clerk may use optical-scan ballots or voting systems approved by the Secretary of State to allow registered voters to cast their votes at any election. The election commissioner or county clerk may use vote counting devices and voting systems approved by the Secretary of State for tabulating the votes cast at any election. Vote counting devices shall include electronic counting devices such as optical scanners.
(3) Any new voting or counting system shall be approved by the Secretary of State prior to use by an election commissioner or county clerk. . . 

NEWSFLASH!! Hand counting is NOT a NEW counting system and does not need to be approved. The idea is absurd. We did it for centuries. We can still do it. We just need principled election officials who are willing to stand up to the tyranny of a rogue SoS office and their secret, electronic/computerized and centralized statewide "voting" system that makes it very easy for one bad actor to cheat on a grand scale.

Bena is using lawfare to rig the system against Nebraska voters and in favor of elitists who want to control everything, and the easiest way for them to do that is by rigging elections. That's why the software and hardware are so secret.

County election officials who listen to and follow Bena, instead of our Constitution and their oath, and instead of serving their citizens accordingly, are very likely to find themselves in hot legal water at some point in the not too distant future. All the evidence of electronic election manipulation and fraud will come out. And election falsification in Nebraska is a felony—see 32-1502. 

Certifying an election that is rigged is a felony. The only way to KNOW that a computer-tabulated election wasn't rigged is to count all votes by hand. Every time. Everyday common sense dictates that certifying an election without KNOWING that the results are accurate and verifiable is wrong . . . seriously wrong. When votes are counted by a private company using secret software and hardware, no election official can KNOW the "results" are accurate without doing a full manual recount. There will be no plausible deniability.

The Election Act shall . . .  shall be liberally construed so that the will of the registered voters is not defeated by . . . the conducting of any election or the certifying of the results of the election.  Nebraska Revised Statute 32-102

Robert J. Borer
P.S.
Test batches are meaningless. 
Logic & Accuracy testing is meaningless.
"Mandatory Manual Precinct Audits" are meaningless.
You are dealing with a computer, that can easily be programmed to compartmentalize fraud to avoid detection. A full manual recount every time, is the only way to avoid fraud.