worthless oaths

Dear Friends,

Here are my latest public comments before the Lancaster County Board.
Click here or on the image below:

Transcript
Our great Declaration of Independence states that Governments are instituted among Men for the explicit purpose of securing certain unalienable rights endowed by our Creator.

Our state constitution, Article I-1, affirms that the primary role of all those in government who take an oath is to protect the God-given, inherent and inalienable rights of the People from being denied or infringed by others in government. 

Quoting, "and these rights shall not be denied or infringed by the state . . . or any subdivision thereof." 

Again. "and these rights shall not be denied or infringed by the state or any subdivision thereof."

Not only are the various BRANCHES of government supposed to serve as checks and balances on each other, but the various LEVELS of government are supposed to do the same.

When the state overreaches and denies or infringes upon the rights of the people, those who took an oath at the local county level are supposed to step in.

The whole purpose of local government is to make government on the whole more responsive and accountable to the voice and rights of the people.

It stands to reason then that the oath of office at the local county level is very important . . . and [that oath] only really finds meaning when the rights of the people are being denied or infringed.

It is also only at those times that we really find out what those who take that oath, such as yourselves, are really made out of.

Let's do a reality check with two simple questions.

What happened during the local- and state-sponsored covid tyranny?

I'll tell you. We found rank cowardice among all those who took an oath.

What continues to happen in response to the tyranny of NONtransparency and NONverifiability in the People's all important elections??

The same. We find rank cowardice among all those who took an oath.

As far as can be seen right now, nearly every branch and level of government has replaced their responsibility to protect the rights of the people with protecting themselves.

That includes this board.

You don't protect any of the People's rights.  By and large, all you do is take money from one party and give it to another, granted, sometimes for the public good, but at other times, for the good of special interests.

But when it comes to upholding your oath in the face of tyranny, you take a knee and totally bow out.

I just happen to have a copy right here of each of your oaths.

I’ve got Matt Schulte, I’ve got Rick Vest, I’ve got Sean Flowerday, I’ve got Roma, and I’ve got Christa [our five county board members] and I’ve got Todd Wiltgen [county election commissioner] and Terry Wagner [Sheriff] and Pat Condon [county attorney] besides.

Reading a portion of the oath:
I do solemnly swear that I will support and defend the Constitution of the United States and the Constitution of the State of Nebraska, against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; that I take this obligation freely, without any mental reservation or for purpose of evasion; etc

It is obvious that taking this oath doesn't necessarily mean anything. 

A person can give lip service, and harbor cowardice and/or treason in their hearts.

A person can give aid and comfort to tyranny out of weakness OR out of intent. 

Either way, it is treason.

I'm betting I could get two witnesses up here to testify that aid and comfort have been, and are being given, to tyranny.

For now, until someone is willing to prosecute, these oaths are literally worthless, so I'm tearing them up.
[end]

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a civil rights complaint against Evnen?
I’m looking into filing a “Complaint [against Evnen] for Violation of Civil Rights.”
I’ve completed the form.
I stopped in to talk to the Clerk at the Federal District Court of Nebraska this morning after the Board Meeting.
Of course, they don’t give legal advice. I did however get educated on process. It’s $405 to file.
But I don’t know if there’s a statute of limitations on the Complaint or not. I don’t want to throw $400 away. I’d love to talk to a legal mind about a possible limitation, and get an opinion as to the merits of my case.

Here’s the substance of my Complaint (how I answered the pertinent Complaint Form questions):

Compliant Form:
Section 1983 allows claims alleging the "deprivation of any rights, privileges, or immunities secured by the Constitution and [federal laws]." 42 U.S.C. § 1983. If you are suing under section 1983, what federal constitutional or statutory right(s) do you claim is/are being violated by state or local officials?
Me:
The right to vote. The right to have that vote honestly and verifiably counted. The right to exercise the elective franchise as an official candidate and have my supporters' votes honestly and verifiably counted.
Compliant Form:
Section 1983 allows defendants to be found liable only when they have acted "under color of any statute, ordinance, regulation, custom, or usage, of any State or Territory or the District of Columbia." 42 U.S.C. § 1983. If you are suing under section 1983, explain how each defendant acted under color of state or local law. If you are suing under Bivens, explain how each defendant acted under color of federal law. Attach additional pages if needed.
Me:
In 2022, I filed an affidavit with the SoS office and paid the $1050 filing fee to become an official write-in candidate for governor and have my votes *manually counted, in line with NRS 32-615 and 32-1005. In the Secretary's confirmation letter (see attachment), 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 and campaigns hard unless they know their votes will be counted? Secondly, how does one know the "threshold" hasn't been met without counting the votes? Thirdly, how does a given county threshold determine whether votes should or shouldn't be counted in a statewide race? I am filing at this time because I lost track of the Secretary's letter and recently stumbled upon it.
Compliant Form:
What date and approximate time did the events giving rise to your claim(s) occur?
Me:
These events occurred during the general election season of 2022, after I ran for Secretary of State in the primary and "lost" with 72,150 alleged votes. I say alleged because votes are counted in secret in Nebraska and verifiability or auditability of the "results" is not allowed. There is no equality of right in the exercise of the election franchise in Nebraska. One person (the Secretary), who was up for reelection and got to oversee that reelection, previously decided to centralize all "vote-counting" across the state in a single, secret, private, computerized tabulator corporation called ES&S that has no accountability to We, the people. The purpose of county government is to decentralize government, and make it more responsive to the people. The Secretary has hijacked and usurped control over our county elections. This is not constitutional government. Our elections are not constitutional elections. Elections belong to the people, from beginning to end. (They are the peaceful means by which we choose our public servants. We must have transparency in vote-counting for the transfer of power to be, and remain, peaceful.) NE Constitution, Article I-1b: "To secure these rights, and the protection of property, governments are instituted among people, deriving their just powers from the consent of the governed." NE Constitution, Article I-22, "there shall be no hindrance or impediment to the right of a qualified voter to exercise the elective franchise." The elective franchise includes both voting and counting votes. Voters have been removed from the counting process, AND FROM even WATCHING the counting process. It's all done in a black box by secret software from a few secret software writers. Cheating in elections has never been easier. The Salvation of the State is Watchfulness in the Citizen. We aren't allowed Citizen Watchfulness in our all important elections. We haven't been allowed Watchfulness for some time. We are expected to simply trust Evnen and his very expensive and secret black boxes. We cannot simply trust. We must have checks and balances. We must have transparency in our elections, barring the secret ballot, of course.
Compliant Form:
What are the facts underlying your claim(s)? (For example: What happened to you? Who did what? Was anyone else involved? Who else saw what happened?)
Me:
What happened to me? I was robbed of my filing fee, which was supposed to support the counting of my votes. I was robbed of all my campaign efforts across the state, which were designed to secure support. I was disenfranchised. My vote for governor was not counted. My supporters were disenfranchised (which is an injury to my future efforts). Their votes were not counted and they were not happy about it.
Nebraska Secretary of State Robert Evnen violated my civil right to participate in the full elective franchise as a candidate. That elective franchise necessarily includes both the casting of votes and the counting of votes.
Complaint Form:
State briefly what you want the court to do for you. Make no legal arguments. Do not cite any cases or statutes. If requesting money damages, include the amounts of any actual damages and/or punitive damages claimed for the acts alleged. Explain the basis for these claims.
Me:
I want the court to make a public statement that Robert Evnen, in his official capacity as SoS, violated my civil rights with regard to exercising the elective franchise.
I want to receive a public apology from Evnen for violating my rights and for the way in which he handled my candidacy, to be published at his expense in every county seat newspaper in the state.
I want a reimbursement of my filing fee of $1050.
I want a reimbursement of my campaign expenses in the amount of 10x the filing fee.

Attachments:

^^ Sent by one of my voters.

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an ethics complaint?
I’m also looking into simply filing some kind of ethics complaint. I’m looking to see if there is such a thing.

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The other option, of course, is to let God take vengeance for me:
Dearly beloved, avenge not yourselves, but rather give place unto wrath: for it is written, Vengeance is mine; I will repay, saith the Lord. (Rom 12:19)

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That’s it.

Have a wonderful time of Thanksgiving with family and friends.

God bless,

Robert J. Borer