On Monday, Jan. 4, Primary Law Group, P.C., and co-counsel, Tyler & Bursch, LLP, filed a Complaint for Declaratory and Injunctive Relief in the U. S. District Court, Central District of California against multiple California state officials and 13 county registrar of voters, on behalf of Election Integrity Project California (EIPCa) and 10 California Congressional candidates, — James P. Bradley (R), Aja Smith (R-Riverside), Eric Early (R), Alison Hayden (R), Jeffrey Gorman (R), Mark Reed (R), Buzz Patterson (R), Mike Cargile (R-San Bernardino), Kevin Cookingham (R) and Greg Raths (R).
Defendants named in the lawsuit ⎯ Secretary of State Alex Padilla, Attorney General Xavier Becerra, Gov. Gavin Newsom and 13 county registrar of voters including the San Bernardino County Registrar of Voters and County Registrar Bob Page ⎯ are accused of violating the Elections Clause, the Equal Protection Clause, the Due Process Clause and the Guarantee Clause of the U.S. Constitution. The Riverside County Registrar of Voters and its Registrar Rebecca Spencer was also named in the lawsuit.
An agreed statement with attorneys and EIPCa stated:
The Constitution of the United States guarantees the right of every eligible citizen to cast an equal vote to determine who will represent him or her in government through the Equal Protection and Due Process Clauses of the Fourteenth Amendment and, in the case of Federal congressional elections, through the Elections Clause (Art. I, § 4, cl. 1).
Practices that promote the casting of illegal or unreliable ballots fail to contain basic minimum guarantees against such conduct are a violation of the Fourteenth Amendment by leading to the diminution in value of validly cast ballots.
Election Integrity Project California, Inc. (EIPCa), a nonpartisan, nonprofit organization, has been investigating elections in California for 10 years, documenting and reporting election abuses to governmental officials. Rather than correct the fundamental flaws in the election process, California state officials have created more opportunities for fraud and manipulation.
The expansion of vote-by-mail ballots and the changes in the law to send vote-by-mail ballots to all registered voters created a process where known ineligible voters (including deceased persons, non-citizens and non-residents) were sent live ballots. As past elections have shown, deceased persons, non-citizens and non-residents are often recorded as having voted in elections. That same election fraud occurred in the November 2020 election impacting the plaintiffs and all of the citizens in each of the Congressional Districts at issue, including Election Integrity Project California’s volunteer election observers.
Over the past three decades in California, the rights of California citizens to choose their representatives by means of a fair, honest and transparent electoral process have been intentionally eroded by an onslaught of unconstitutional statutes, regulations and executive orders that, taken together, are designed to create an environment in which elections could be manipulated and eligible voters disenfranchised.
In Riverside County, the lawsuit alleges:
Citizen observers were prevented from seeing ballots being remade in Riverside County.
When an observer raised this with an election official, he told the observer there would be no changes to the process to enable observers to see ballots being remade.
A temporary elections assistant in Riverside who took part in the remaking of ballots reported that she observed no method of accountability for the remaking of ballots that would ensure the voter’s original choice was accurately marked on the new ballot. The employees sat across from each other without a view of what the other was doing and this occurred in the back of the room, far from where citizen observers could see because tall carts obstructed the view.
The same lawsuit documents claims that a San Bernardino County election official at the San Bernardino Registrar of Voters informed a citizen, “not all of the ballots will be counted, because California is such a Democrat state,” in response to the citizen’s inquiry as to why her in-person ballot had not already been counted.
According to the suit, a citizen observer observed that there were 400 more registered voters on the rolls than there had been the night before (after polls had closed). No explanation was found for this increase.
Another citizen observer witnessed voters being registered provisionally without ID.
This lawsuit could affect the entire election procedure in California and if taken up by the Central District of California Court it may require the decertification of California's November election results that would remove California’s 55 electoral votes from former vice-president Joe Biden.
Joshua Kroot of Primary Law Group, said there are “Voting irregularities across the board,” and that local races and propositions across the state were part of the irregularities.
Kroot also said these issues have been caused by laws passed since the ’90s that violate the state constitution and the Fourteenth Amendment and the Election Clause in the U.S. Constitution. In 1998 the California legislature eliminated the absentee ballot and switched to vote-by-mail. EIPCa said that two presidential commissions in 2001 and 2005 determined that vote-by-mail ballots do not satisfy the five requirements for fair and honest elections and facilitate election manipulation and fraud. EIPCa said that for over 20 years the state of California has pursued an “unabated effort to get all voters to vote by mail.” Other laws include AB 1461, the law was passed in 2015 and allows voter registration to be automatic when doing business with the DMV and allows non-citizens to become registered, which is stated in the law. The law was passed after the state started issuing driver licenses to non-citizens in 2014.
Kroot hopes that the federal court will call for a statewide audit and that the court strike down bad laws, so the state could have fair and honest elections in the future.
Linda Paine, president of EIPCa stated, “We have been investigating serious problems with California’s election process for 10 years. With over 700 affidavits signed under the penalty of perjury evidencing election code violations, obstruction of our volunteer observers, failure to verify vote-by-mail signatures, irregularities and fraud in the Nov. 3, 2020, election, we have no choice but to bring this federal lawsuit in order an attempt to restore integrity to the election process.”
On Jan. 5, San Bernardino County stated, “The county has not been served with this lawsuit so it has not undergone review by the county’s attorneys. Therefore, the county cannot comment on it at this time.”
Kroot said that a copy of the lawsuit that was filed in Central District Court was sent by e-mail to all 13 counties at 11:55 a.m. on Tuesday, Jan. 5, and that, “If the county [San Bernardino] required to be served in-person, they would provide a process server by request.”
Secretary Padilla’s Press Secretary Sam Mahood said, “This lawsuit is completely without merit. We have all witnessed the consequences of misinformation and disproven conspiracy theories about our elections. There is a baseless disinformation campaign that assaults the free and fair elections at the foundation of our democracy—it should not be elevated or provided a shred of credibility.”