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garybeck

(10,085 posts)
Wed Apr 28, 2021, 12:42 PM Apr 2021

The fake "audit" in AZ is blatantly ILLEGAL.

Federal law requires preservation of ballots for 22 months following the election. The moment they released the ballots to a third party without oversight or supervision, it was a blatant violation of the statute below. There should be a federal lawsuit against whoever allowed this to happen. The ballots are now compromised. I have heard that the democratic party in AZ is challenging these actions but there should be a federal lawsuit. It's going to continue in other states if they don't stop it NOW.



52 USC 20701: Retention and preservation of records and papers by officers of elections; deposit with custodian; penalty for violation
Text contains those laws in effect on April 27, 2021
From Title 52-VOTING AND ELECTIONS
Subtitle II-Voting Assistance and Election Administration
CHAPTER 207-FEDERAL ELECTION RECORDS
§20701. Retention and preservation of records and papers by officers of elections; deposit with custodian; penalty for violation
Every officer of election shall retain and preserve, for a period of twenty-two months from the date of any general, special, or primary election of which candidates for the office of President, Vice President, presidential elector, Member of the Senate, Member of the House of Representatives, or Resident Commissioner from the Commonwealth of Puerto Rico are voted for, all records and papers which come into his possession relating to any application, registration, payment of poll tax, or other act requisite to voting in such election, except that, when required by law, such records and papers may be delivered to another officer of election and except that, if a State or the Commonwealth of Puerto Rico designates a custodian to retain and preserve these records and papers at a specified place, then such records and papers may be deposited with such custodian, and the duty to retain and preserve any record or paper so deposited shall devolve upon such custodian. Any officer of election or custodian who willfully fails to comply with this section shall be fined not more than $1,000 or imprisoned not more than one year, or both.
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dchill

(42,660 posts)
1. It's an incredible invasion of privacy...
Wed Apr 28, 2021, 12:48 PM
Apr 2021

...and a complete misuse of privatization. Data mining is clearly a major motivation behind this criminal lunacy.

garybeck

(10,085 posts)
3. the ballots should not have any personal information on them
Wed Apr 28, 2021, 12:56 PM
Apr 2021

I do not think they are data mining. i think they are trying to raise doubts about the election results. there should be no personal information on the ballots. we still have secret ballots in our country and there should be nothing tying the ballots to people's names.

MagickMuffin

(18,315 posts)
2. Even as precinct chairs in Texas we are required to keep our post election printouts
Wed Apr 28, 2021, 12:50 PM
Apr 2021

I serve as an Alternate Judge and I always requested a printout for my own records. It is a violation what is going on in these states and the DOJ should stop it and charge those who were in on this!


Midnightwalk

(3,131 posts)
4. You are probably right but
Wed Apr 28, 2021, 12:57 PM
Apr 2021

The state senate not the secretary of state ordered the audit and a judge who later recused himself ok’d it.

Not a lawyer but not sure if that statute applies to the senate, the judge or the election officers that were ordered

It’s incredibly messed up. The worst is the ballots are likely worthless as evidence now, but that’s ok for the republicans. They achieve their goals by claiming they found fraud. If those claims are tossed because the evidence was tainted those claims can’t be challenged in the court of opinion and tossing their claims will be said to confirm the conspiracies.

They are creating a narrative not trying to change 2029

garybeck

(10,085 posts)
6. its a federal law it applies to everyone
Wed Apr 28, 2021, 01:05 PM
Apr 2021

doesn't matter if it was the SOS or the senate.

i'm also not a lawyer but I woudl think the SOS is responsible. if the Senate directed them to release the ballots, he/she still has a legal obligation to preserve the ballots and say no. if the senate directs you to murder someone and you do it, you are still a murderer. he/she should have refused.

regardless, it is illegal, and there should be a federal lawsuit to stop it immediately.

crud

(1,256 posts)
8. funny
Wed Apr 28, 2021, 01:48 PM
Apr 2021

"if the senate directs you to murder someone and you do it, you are still a murderer. "
They might eventually go there! lol

Midnightwalk

(3,131 posts)
9. Ordered by judge is not willfully
Wed Apr 28, 2021, 02:05 PM
Apr 2021

But that’s for lawyers. You can win on du

The privacy violation is they gave personal information collected for required government function to a 3rd party with questionable controls. That’s already a massive privacy violation but it gets worse.

The government has information that says ballot x is for person y. That’s how they catch people who died before voting or votes twice.

That’s where massive potentially becomes horrific.

That’s what I’ve understood following this.

msfiddlestix

(8,178 posts)
11. I was purty dang sure it was illegal.
Thu Apr 29, 2021, 01:10 AM
Apr 2021

but hell, what do I know? I'm not a student of law, not a lawyer.

I asked please tell me this is illegal, no one did.

so i turned off the tv and the computers because I just can't get through the day anymore knowing this shit is going on in our country, and no body is doing a damn thing about it.

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