Supporters of President Trump filed suit in federal court Wednesday in their latest bid to throw out the results of the certified popular vote that awarded the state’s 11 electors to Joe Biden. The lawsuit alleges “widespread ballot fraud,” due in part to what the challengers say are machines from Dominion Voting Systems, used in Maricopa County, which they say were designed purposely to take votes away from Trump. 

Attorney Sidney Powell specifically blames that on Eric Coomer, an executive with the company and “his visceral and public rage against the current U.S. president.” And that, she said, is part of a criminal conspiracy. It also claims that poll watchers were unable to adequately verify that the signatures on the envelopes of mail-in ballots were adequately verified. Some of that, the lawsuit says, is due to “biased and partisan Maricopa County poll referees.” And then there is the complaint that there were not enough people who were allowed to observe the process. Overall, the legal papers charge, there were at least 412,494 illegal ballots counted in Arizona, far more than Biden’s 10,547-vote margin over Trump.

 That includes the claims of a phone survey done calling people who were listed as having requested early ballots. The lawsuit says there were 518,560 unreturned early ballots. And using estimates based on the sample survey, it says that between 208,333 to 229,337 of these went to people who had not requested them. “All of these absentee ballots were sent to someone besides the registered voter named in the request, and thus could have been filled out by anyone and then submitted in the name of another voter,” it claims. And it says up to another 94,975 people — based on the sample — had returned ballots but did not have them recorded as voting. “These absentee ballots were either lost or destroyed (consistent with allegations of Trump ballot destruction) and/or were replaced with blank ballots filled out by election workers, Dominion or other third parties,” the lawsuit said.

 And then there is the claim that 5,085 Arizona voters in the 2020 general election moved out of state prior to voting and were therefore ineligible. All this, Powell says, is part of a “scheme and artifice” to defraud the people of Arizona of a proper election. “The fraud was executed by many means, but the most fundamentally troubling, insidious, and egregious ploy was the systematic adaption of old-fashioned ‘ballot stuffing,” she wrote. “It has not been amplified and rendered virtually invisible by computer software created and run by domestic and foreign actors for that very purpose.” What Powell and her clients want is for the court to block the certification of the election results. That, in turn, would give the power to the Republican-controlled Arizona Legislature to decide who gets the electoral votes. Prior lawsuits challenging the election — including some by Powell’s Arizona co-counsel Alexander Kolodin — have been dismissed. That includes the “SharpieGate” claim that the use of the markers resulted in false counts. There is another lawsuit pending in Maricopa County Superior Court, this one with similar allegations that signatures on envelopes were not properly checked. A trial on that case is set to begin Thursday.

 Here is the Complete Law Suit:

Sidney Powell (pro hac application forthcoming)
Sidney Powell PC
Texas Bar No. 16209700
(517) 763-7499
Sidney@federalappeals.com
2
3
4
5
Alexander Kolodin, AZ Bar No. 030826
Christopher Viskovic, AZ Bar No. 035860 1
KOLODIN LAW GROUP PLLC
3443 N. Central Ave. Ste. 1009
Phoenix, AZ 85012
Telephone: (602) 730-2985
Facsimile: (602) 801-2539
E-Mail:
Alexander.Kolodin@KolodinLaw.com
CViskovic@KolodinLaw.com
SAtkinson@KolodinLaw.com (file copies)
6
7
8
9
10
11
12
Attorneys for Plaintiffs
(Additional counsel listed on signature page)
13
14
IN THE UNITED STATES DISTRICT COURT
15
FOR THE DISTRICT OF ARIZONA
16
17
TYLER BOWYER, MICHAEL JOHN BURKE,
NANCY COTTLE, JAKE HOFFMAN,
ANTHONY KERN, CHRISTOPHER M. KING,
JAMES R. LAMON, SAM MOORHEAD,
ROBERT MONTGOMERY, LORAINE
PELLEGRINO, GREG SAFSTEN,
SALVATORE LUKE SCARMARDO, KELLI
WARD, and MICHAEL WARD
18
19
20
21
Plaintiffs,
22
v.
23
24
COMPLAINT FOR
DECLARATORY,
EMERGENCY, AND
PERMANENT INJUNCTIVE
RELIEF
DOUG DUCEY, in his official capacity as
Governor of the State of Arizona, and KATIE
HOBBS, in her official capacity as the Arizona
Secretary of State
25
26
Defendants.
27
28
Case No.
1
District of Arizona admission scheduled for 12/9/2020.
(Election Matter)
(TRO Requested)Case 2:20-cv-02321-DJH Document 1 Filed 12/02/20 Page 2 of 53
NATURE OF THE ACTION
1
2
1.
This civil action brings to light a massive election fraud, of the Election and
3 Electors Clauses, and the Equal Protection and Due Process Clauses of the Fourteenth
4 Amendment, of the U.S. Constitution and multiple violations of the Arizona election laws.
5 These violations occurred during the 2020 General Election throughout the State of
6 Arizona, as set forth in the affidavits of eyewitnesses and the voter data cited, the statistical
7 anomalies and mathematical impossibilities detailed in the affidavits of expert witnesses.
8
2.
The scheme and artifice to defraud was for the purpose of illegally and
9 fraudulently manipulating the vote count to manufacture an election of Joe Biden as
10 President of the United States, and also of various down ballot democrat candidates in the
11 2020 election cycle. The fraud was executed by many means, but the most fundamentally
12 troubling, insidious, and egregious ploy was the systemic adaptation of old-fashioned
13 “ballot-stuffing.” It has now been amplified and rendered virtually invisible by computer
14 software created and run by domestic and foreign actors for that very purpose. This
15 Complaint details an especially egregious range of conduct in Maricopa County and other
16 Arizona counties using employing Dominion Systems, though this conduct occurred
17 throughout the State at the direction of Arizona state election officials.
18
3.
The multifaceted schemes and artifices implemented by Defendants and
19 their collaborators to defraud resulted in the unlawful counting, or fabrication, of
20 hundreds of thousands of illegal, ineligible, duplicate or purely fictitious ballots in the
21 State of Arizona, that collectively add up to multiples of Biden’s purported lead in the
22 State of 10,457 votes.
23
4.
While this Complaint, and the eyewitness and expert testimony incorporated
24 herein, identify with specificity sufficient ballots required to set aside the 2020 General
25 Election results, the entire process is so riddled with fraud, illegality, and statistical
26 impossibility that this Court, and Arizona’s voters, courts, and legislators, cannot rely on,
27 or certify, any numbers resulting from this election. Accordingly, this Court must set aside
28 the results of the 2020 General Election and grant the declaratory and injunctive relief
- 2 -Case 2:20-cv-02321-DJH Document 1 Filed 12/02/20 Page 3 of 53
1
requested herein.
Dominion Voting Systems Fraud and Manipulation
2
3
5.
The fraud begins with the election software and hardware from Dominion
4 Voting Systems Corporation (“Dominion”) used in Maricopa County. The Dominion
5 systems derive from the software designed by Smartmatic Corporation, which became
6 Sequoia in the United States.
7
6.
Smartmatic and Dominion were founded by foreign oligarchs and dictators
8 to ensure computerized ballot-stuffing and vote manipulation to whatever level was needed
9 to make certain Venezuelan dictator Hugo Chavez never lost another election. See Ex. 1,
10 Redacted Declaration of Dominion Venezuela Whistleblower (“Dominion Whistleblower
11 Report”). Notably, Chavez “won” every election thereafter.
12
7.
As set forth in the Dominion Whistleblower Report, the Smartmatic software
13 was contrived through a criminal conspiracy to manipulate Venezuelan elections in favor
14 of dictator Hugo Chavez:
Importantly, I was a direct witness to the creation and operation of an
electronic voting system in a conspiracy between a company known as
Smartmatic and the leaders of conspiracy with the Venezuelan government.
This conspiracy specifically involved President Hugo Chavez Frias, the
person in charge of the National Electoral Council named Jorge Rodriguez,
and principals, representatives, and personnel from Smartmatic. The
purpose of this conspiracy was to create and operate a voting system that
could change the votes in elections from votes against persons running the
Venezuelan government to votes in their favor in order to maintain control
of the government. In mid-February of 2009, there was a national
referendum to change the Constitution of Venezuela to end term limits for
elected officials, including the President of Venezuela. The referendum
passed. This permitted Hugo Chavez to be re-elected an unlimited number
of times. . . .
15
16
17
18
19
20
21
22
23
24
25
26
27
28
Smartmatic’s electoral technology was called “Sistema de Gestión
Electoral” (the “Electoral Management System”). Smartmatic was a
pioneer in this area of computing systems. Their system provided for
transmission of voting data over the internet to a computerized central
tabulating center. The voting machines themselves had a digital display,
fingerprint recognition feature to identify the voter, and printed out the
voter’s ballot. The voter’s thumbprint was linked to a computerized record
- 3 -Case 2:20-cv-02321-DJH Document 1 Filed 12/02/20 Page 4 of 53
of that voter’s identity. Smartmatic created and operated the entire system.
See Exh. 1. ¶¶ 10 & 14.
1
2
8.
3
4
5
6
7
8
9
10
11
12
A core requirement of the Smartmatic software design ultimately adopted by
Dominion for Arizona’s elections was the software’s ability to hide its manipulation of
votes from any audit. As the whistleblower explains:
Chavez was most insistent that Smartmatic design the system in a way that
the system could change the vote of each voter without being detected. He
wanted the software itself to function in such a manner that if the voter
were to place their thumb print or fingerprint on a scanner, then the
thumbprint would be tied to a record of the voter’s name and identity as
having voted, but that voter would not tracked to the changed vote. He
made it clear that the system would have to be setup to not leave any
evidence of the changed vote for a specific voter and that there would be no
evidence to show and nothing to contradict that the name or the fingerprint
or thumb print was going with a changed vote. Smartmatic agreed to create
such a system and produced the software and hardware that accomplished
that result for President Chavez. Id. ¶15.
13
9.
14
15
16
17
18
19
20
21
audit to reveal its misallocation, redistribution, or deletion of votes. First, the system’s
central accumulator does not include a protected real-time audit log that maintains the date
and time stamps of all significant election events. Key components of the system utilize
unprotected logs. Essentially this allows an unauthorized user the opportunity to arbitrarily
add, modify, or remove log entries, causing the machine to log election events that do not
reflect actual voting tabulations—or more specifically, do not reflect the actual votes of or
the will of the people. 2
10.
22
23
The design and features of the Dominion software do not permit a simple
This Complaint will show that Dominion violated physical security standards
by connecting voting machines to the Internet, allowing Dominion, domestic third parties
24
25
26
27
28
2
See Ex. 7, August 24, 2020 Declaration of Harri Hursti, ¶¶45-48 (expert testimony
in Case 1:17-cv-02989 in the U.S. District Court for the Northern District of Georgia).
The Texas Secretary of State refused to certify Dominion for similar reasons as those
cited by Mr. Hursti. See Ex. 11A, 11B, State of Texas Secretary of State, Elections
Division, Report of Review of Dominion Voting Systems Democracy Suite 5.5-A at 2
(Jan. 24, 2020).
- 4 -Case 2:20-cv-02321-DJH Document 1 Filed 12/02/20 Page 5 of 53
1 or hostile foreign actors to access the system and manipulate election results, and moreover
2 potentially to cover their tracks due to Dominion’s unprotected log. Accordingly, a
3 thorough forensic examination of Dominion’s machines and source code is required to
4 document these instances of voting fraud, as well as Dominion’s systematic violations of
5 the Voting Rights Act record retention requirements through manipulation, alteration,
6 destruction and likely foreign exfiltration of voting records. See 52 U.S.C. § 20701.
11.
7
These and other problems with Dominion’s software have been widely
8 reported in the press and been the subject of investigations. In using Dominion Voting
9 Systems Democracy Suite, Arizona officials disregarded all the concerns that caused
10 Dominion software to be rejected by the Texas Board of elections in 2020 because it was
11 deemed vulnerable to undetected and non-auditable manipulation. Texas denied
12 Certification because of concerns that it was not safe from fraud or unauthorized
13 manipulation. (See Exhs 11A&11B ).
12.
14
An industry expert, Dr. Andrew Appel, Princeton Professor of Computer
15 Science and Election Security Expert has recently observed, with reference to Dominion
16 Voting machines: “I figured out how to make a slightly different computer program that
17 just before the polls were closed, it switches some votes around from one candidate to
18 another. I wrote that computer program into a memory chip and now to hack a voting
19 machine you just need 7 minutes alone with a screwdriver.” 3
13.
20
Further, Dominion’s documented, and intentional, security flaws facilitated
21 foreign interference in the 2020 General Election. For example, in the accompanying
22 redacted declaration of a former electronic intelligence analyst with 305th Military
23 Intelligence with experience gathering SAM missile system electronic intelligence, the
24 Dominion software was accessed by agents acting on behalf of China and Iran in order to
25 monitor and manipulate elections, including the most recent US general election in 2020.
26 (See Ex. 12, copy of redacted witness affidavit).
27
28
Andrew W. Appel, et al., “Ballot Marking Devices (BMDs) Cannot Assure the Will
of the Voters” at (Dec. 27, 2019),( attached hereto as Ex. 10 (“Appel Study”)).
3
- 5 -Case 2:20-cv-02321-DJH Document 1 Filed 12/02/20 Page 6 of 53
1
2
3
14.
Because this Complaint concerns mainly federal questions, it was not styled
as a Statement of Contest within the meaning of ARS §§ 16-671 - 16-678.
15.
Nonetheless, the factual basis of this Complaint would also support an
4 election contest under Arizona law since A.R.S. § 16-672 allows for contests on the
5 grounds of misconduct, offenses against the elective franchise, on account of illegal votes,
6 and by reason of erroneous count of votes.
7
16.
Similarly, the relief sought is in accord with Arizona law. A.R.S. § 16-676
8 provides clear remedies in the event of a successful contest, providing that the results of an
9 election may either be annulled and set aside, A.R.S. § 16-676(B), or, if it appears that the
10 winner was other than the person certified, the erroneously declared winner's certificate of
11 election can be revoked A.R.S. § 16-676(C).
12
17.
In the event that the election is annulled and set aside, there would certainly
13 not be time to hold a new election, especially given the issues identified herein. However,
14 it would be eminently proper for the question of the choice of electors to then revert to the
15 legislature, for “[t]here is no doubt of the right of the legislature to resume the power [to
16 appoint electors] at any time, for it can neither be taken away nor abdicated.” Bush v. Gore,
17 531 U.S. 98, 104, 121 S. Ct. 525, 529-30, 148 L.Ed.2d 388, 398 (2000) (citing with
18 approval McPherson v. Blacker, 146 U.S. 1, 35, 13 S. Ct. 3, 10, 36 L.Ed. 869, 877 (1892)).
19
18.
Furthermore, this Court need not be concerned with whether such weighty
20 questions can be addressed on an expedited timeline, because Arizona law provides very
21 aggressive deadlines for the resolution of elections challenges. Specifically, Arizona law
22 provides for election challenges to be resolved on the merits within 10 days of filing.
23 A.R.S. § 16-676(A).
24
25
19.
Expert Witness Testimony on Widespread Voting Fraud
This Complaint presents expert witness testimony demonstrating that
26 several thousands of illegal, ineligible, duplicate or purely fictitious votes must be
27 thrown out, in particular:
28
- 6 -Case 2:20-cv-02321-DJH Document 1 Filed 12/02/20 Page 7 of 53
A. Unreturned mail ballots unlawfully ordered by third parties (average for
1
Dr. Briggs Error #1): 219,135
2
B. Returned ballots that were deemed unreturned by the state (average for
Dr. Briggs Error #2): 86,845
3
4
C. Votes by persons that moved out of state or subsequently registered to
vote in another state for the 2020 election: 5,790.
5
D. “Excess votes” to historically unprecedented, and likely fraudulent
6
7 turnout levels of 80% or more in over half of Maricopa and Pima
County precincts: 100,724.
8 E. And Plaintiffs can show Mr. Biden received a statistically significant
Advantage, based on fraud, from the use of Dominion Machines in a
nationwide Study, which conservatively estimates Biden’s advantage at
62,282 Votes.
9
10
11
20.
12
Except for the estimate of illegal out-of-state votes, each of these experts has
identified distinct sources of illegal votes in sufficient numbers (i.e., greater than Biden’s
13
purported margin of 10,457 votes), not only to affect, but to change the result of the 2020
14
General Election in Arizona. Taken together, the irregularities, anomalies and physical
15
and statistical impossibilities, account for at least 412,494 illegal ballots that were counted
16
in Arizona. This provides the Court with sufficient grounds to set aside the results of the
17
2020 General Election and provide the other declaratory and injunctive relief requested
18
herein.
19
21.
The specific factual allegations of fraud and statutory and constitutional
20
violations are set forth in greater detail below. Section I describes specific violations of
21
Arizona law. Section II provides expert witness testimony quantifying the number of
22
illegal votes due to distinct categories of voting fraud and other unlawful conduct. Section
23
III provides fact and expert witness testimony, as well as summaries of other publicly
24
available evidence (including judicial and administrative proceedings) regarding
25
Dominion voting systems’ voting fraud in Arizona during the 2020 General Election, the
26
security flaws that allow election workers, or even hostile foreign actors, to manipulate
27
Arizona election results, and the history of Dominion and its executives demonstrating that
28
- 7 -Case 2:20-cv-02321-DJH Document 1 Filed 12/02/20 Page 8 of 53
1 Dominion had the specific intent to interfere, and change the results of, the 2020 General
2 Election.
JURISDICTION AND VENUE
3
4
22.
This Court has subject matter under 28 U.S.C. § 1331 which provides, “The
5 district courts shall have original jurisdiction of all civil actions arising under the
6 Constitution, laws, or treaties of the United States.”
7
23.
This Court also has subject matter jurisdiction under 28 U.S.C. § 1343
8 because this action involves a federal election for President of the United States. “A
9 significant departure from the legislative scheme for appointing Presidential electors
10 presents a federal constitutional question.” Bush v. Gore, 531 U.S. 98, 113 (2000)
11 (Rehnquist, C.J., concurring); Smiley v. Holm, 285 U.S. 355, 365 (1932).
12
13
14
15
16
17
18
24.
The jurisdiction of the Court to grant declaratory relief is conferred by 28
U.S.C. §§ 2201 and 2202 and by Rule 57, Fed. R. Civ. P.
25.
This Court has jurisdiction over the related Arizona constitutional claims and
state-law claims under 28 U.S.C. § 1367.
26.
Venue is proper because a substantial part of the events or omissions giving
rise to the claim occurred in the District of Arizona. 28 U.S.C. § 1391(b) & (c).
27.
Because the United States Constitution reserves for state legislatures the
19 power to set the time, place, and manner of holding elections for Congress and the
20 President, state executive officers have no authority to unilaterally exercise that power,
21 much less flout existing legislation.
THE PARTIES
22
23
28.
Each of the following Plaintiffs is a registered Arizona voter and a nominee
24 of the Republican Party to be a Presidential Elector on behalf of the State of Arizona: Tyler
25 Bowyer, a resident of Maricopa County; Nancy Cottle, a resident of Maricopa County;
26 Jake Hoffman, a resident of Maricopa County; Anthony Kern, a resident of Maricopa
27 County; James R. Lamon, a resident of Maricopa County; Samuel Moorhead, a resident of
28 Gila County; Robert Montgomery, a resident of Cochise County; Loraine Pellegrino, a
- 8 -Case 2:20-cv-02321-DJH Document 1 Filed 12/02/20 Page 9 of 53
1 resident of Maricopa County; Greg Safsten, a resident of Maricopa County; Kelli Ward, a
2 resident of Mohave County; and Michael Ward, a resident of Mohave County.
3
4
5
6
7
8
9
29.
Plaintiff Michael John Burke is a registered Arizona voter residing in Pinal
County. Mr. Burke is the Republican Party Chairman for Pinal County.
30.
Plaintiff Christopher M. King is a registered Arizona voter residing in Pima
County. Mr. Burke is the Republican Party Vice Chairman for Pima County.
31.
Plaintiff Salvatore Luke Scarmado is a registered Arizona voter residing in
Mohave County. Mr. Burke is the Republican Party Chairman for Mohave County.
32.
Presidential Electors “have a cognizable interest in ensuring that the final
10 vote tally reflects the legally valid votes cast,” as “[a]n inaccurate vote tally is a concrete
11 and particularized injury to candidates such as the Electors.” Carson v. Simon, 978 F.3d
12 1051, 1057 (8 th Cir. 2020) (affirming that Presidential Electors have Article III and
13 prudential standing to challenge actions of state officials implementing or modifying State
14 election laws); see also McPherson v. Blacker, 146 U.S. 1, 27 (1892); Bush v. Palm Beach
15 Cty. Canvassing Bd., 531 U.S. 70, 76 (2000) (per curiam).
16
33.
Plaintiffs bring this action to prohibit certification of the election results for
17 the Office of President of the United States in the State of Arizona and to obtain the other
18 declaratory and injunctive relief requested herein. Defendants certified those results on
19 November 30, 2020, indicating a plurality for Mr. Biden of 10,457 votes out of 3,420,565
20 cast.
21
22
23
24
25
34.
The Defendants are Arizona Governor Doug Ducey, and Arizona Secretary
of State Katie Hobbs.
35.
Defendant Governor Doug Ducey is named as a defendant in his official
capacity as Arizona’s governor.
36.
Defendant Secretary of State Katie Hobbs is named as a defendant in her
26 official capacity as Arizona Secretary of State, who serves as the chief election officer in
27 the State of Arizona.
28
STATEMENT OF FACTS
- 9 -Case 2:20-cv-02321-DJH Document 1 Filed 12/02/20 Page 10 of 53
1
37.
Plaintiffs bring this action under 42 U.S.C. §§ 1983 and 1988, to remedy
2 deprivations of rights, privileges, or immunities secured by the Constitution and laws of
3 the United States and to contest the election results, and the corollary provisions under the
4 Arizona Constitution.
5
38.
The United States Constitution sets forth the authority to regulate federal
6 elections. With respect to congressional elections, the Constitution provides:
7 39.
The Times, Places and Manner of holding Elections for Senators and
Representatives, shall be prescribed in each State by the Legislature
thereof; but the Congress may at any time by Law make or alter such
Regulations, except as to the Places of choosing Senators.
U.S. CONST. art. I, § 4 (“Elections Clause”).
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
40.
With respect to the appointment of presidential electors, the Constitution
provides:
Each State shall appoint, in such Manner as the Legislature thereof may
direct, a Number of Electors, equal to the whole Number of Senators and
Representatives to which the State may be entitled in the Congress: but no
Senator or Representative, or Person holding an Office of Trust or Profit
under the United States, shall be appointed an Elector.
U.S. CONST. art. II, § 1 (“Electors Clause”).
41.
None of Defendants is a “Legislature” as required under the Elections Clause
or Electors Clause to set the rules governing elections. The Legislature is “‘the
representative body which ma[kes] the laws of the people.’” Smiley, 285 U.S. 365.
Regulations of congressional and presidential elections, thus, “must be in accordance with
the method which the state has prescribed for legislative enactments.” Id. at 367; see also
Ariz. State Legislature v. Ariz. Indep. Redistricting Comm’n, 576 U.S. 787, 135 S. Ct. 2652,
2668 (U.S. 2015).
42.
While the Elections Clause "was not adopted to diminish a State's authority
to determine its own lawmaking processes," Ariz. State Legislature, 135 S. Ct. at 2677, it
does hold states accountable to their chosen processes when it comes to regulating federal
elections, id. at 2668. "A significant departure from the legislative scheme for appointing
Presidential electors presents a federal constitutional question." Bush, 531 U.S. at 113
(Rehnquist, C.J., concurring); Smiley, 285 U.S. at 365.
28
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1
43.
Secretary Hobbs certified the Presidential Election results on November 30,
2 2020. The Presidential election results in Arizona show a difference of 10,457 “tallied”
3 votes in favor of former Vice-President Joe Biden over President Trump.
4
44.
The specific factual allegations of fraud and statutory and constitutional
5 violations are set forth in greater detail below. Section I describes specific violations of
6 Arizona law. Section II provides expert witness testimony quantifying the number of
7 illegal votes due to distinct categories of voting fraud and other unlawful conduct. Section
8 III provides fact and expert witness testimony, as well as summaries of other publicly
9 available evidence (including judicial and administrative proceedings) regarding
10 Dominion voting systems’ voting fraud in Arizona during the 2020 General Election, the
11 security flaws that allow election workers, or even hostile foreign actors, to manipulate
12 Arizona election results, and includes a summary of information relating to the motive and
13 opportunity, and a pattern of behavior to prove that Dominion and its executives
14 demonstrating that Dominion had the specific intent to interfere, and change the results of,
15 the 2020 General Election.
16
45.
Based upon all the allegations of fraud, statutory violations, and other
17 misconduct, as stated herein and in the attached affidavits, it is necessary to enjoin the
18 certification of the election results and invalidate the election results...
I. VIOLATIONS OF ARIZONA ELECTION LAW
19
20 A. Arizona Election Law
21 46.
Pursuant to A.R.S. § 16-550(A), the county recorder or other officer in
22 charge of elections shall compare the signatures on the early ballot affidavit with the
23 signature of the elector on the elector’s registration record. If the signature is inconsistent,
24 the county recorder or other officer in charge of elections shall make reasonable efforts to
25 contact the voter and allow the voter to correct or confirm the inconsistent signature.
26
47.
Pursuant to A.R.S. § 16-625, the officer in charge of elections shall ensure
27 that electronic data from and electronic or digital images of ballots are protected from
28 physical and electronic access, including unauthorized copying or transfer, and that all
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1
security measures are at least as protective as those prescribed for paper ballots.
2 B. Fact Witness Testimony of Arizona Law Violations
3 1. Poll Watchers Failed to Adequately Verify Signatures on Ballots.
4
48.
Affiant Burns stated that, while she was not permitted to be within viewing
5 range of computer screens or monitors, she did have an opportunity to view “High
6 Confidence” signatures following a brief power outage. Id. Upon seeing these, she was
7 “disturbed ... that the signatures were not even close to the signatures that they were
8 ‘comparing’ the ballot signature to,” and because she was told by the one poll worker with
9 whom she was allowed to speak that “these signatures were counted.” (See Exh. 21)
10
11
2. Biased and Partisan Maricopa County Poll Referees.
49.
Affiant Low expressed concern that “the two Maricopa County referees, who
12 [were] called upon to settle any unresolved disputes between the adjudicators, were
13 registered ‘Independent Party’ members.” (See Exh. 20, Low aff. ¶7) (emphasis in
14 original). When asked about that, they told Mr. Low that “this set up was laid out per
15 Arizona Statute.” Id. (emphasis in original).
16 Due to the high likelihood of the Dominion machine rejecting ballots, a “set
17 up” like the one discussed above, impacts the outcome of the results of theelection. The
18 machines make determinations on what ballots to invalidate or validate based on an
19 algorithm that operates offshore before tallying the votes locally..
20 To begin, the judges that adjudicate ballots must be evenly distributed
21 amongst the major parties per A.R.S. § 16-531(A). There should be zero tolerance of fraud
22 like this in any election system.
23
24
3. Irregularities Involving Dominion Voting Machines & Employees.
50.
Affiant Low and fellow poll watcher Greg Wodynski repeatedly asked the
25 Dominion employee (named “Bruce”) at their polling location as to whether the Dominion
26 machines were connected to the internet and how data was backed up. The Dominion
27 employee repeatedly denied that the machines were connected to the Internet, id. ¶11, but
28 “admitted that he took a complete copy of the voter files, being stored in the Dominion
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1
2
system out of the building with him every night as a form of a ‘back up’ copy.” Id. ¶22.
51.
Low’s fellow poll watcher, Affiant Gregory Wodynski, provides more detail
3 on these regularities. First, Dominion employees and supervisors informed Mr. Wodynski
4 “that about 12% of mail in ballots were being rejected and needed human intervention in
5 the adjudication process,” which “amounted to tens of thousands of ballots that required
6 intervention” in the days he was an observer. Ex. 22, Wodynski aff at ¶9. Mr. Wodynski
7 confirms that “Bruce” stated that “he would perform a manual daily system backup to an
8 external hard drive,” id. ¶10, and that “he made a daily second disk backup to a new spare
9 hard drive[] ... [that] were being physically moved off site to another building outside the
10 MTEC building,” but would not say where. Id. ¶11. Bruce further stated “there was NO
11 CHAIN OF CUSTODY on data backup hard drives leaving the MTEC facility on a
12 daily basis for an undisclosed location.” Id. (emphasis in original).
13
52.
Mr. Wodynski also testified to a conversation with Dominion employee
14 Bruce of the “the specifics of a process where he was manually manipulating stored scanner
15 tabulation data files,” which “he described as a processing issue at the numerous
16 adjudication computer workstations.” Id. ¶12. Bruce claimed that this was to split large
17 files into small files for adjudication. Id. ¶13. Mr. Wydnoski was concerned because this
18 “was a human intervention process and therefore creating a potential for intention or
19 non-intentional errors or lost ballot files.” Id.
20
21
4. Problems with Certification of Dominion Voting Machines.
53.
Affiant Linda Brickman, the 1st Vice-Chair of the Maricopa County
22 Republican Committee, oversaw the Secretary of State certification of Dominion voting
23 machines on November 18, 2020. Ex. 23, Brickman Aff at 1. Mr. Brickman observed the
24 following problems:
•
Signature verification standards were constantly being lowered by
Supervisors in order to more quickly process that higher amount of early
and mail-in ballots (from approx. 15 points of similarities, to a minimum of
3, lowered to 1, and ultimately to none – “Just pass each signature
verification through”) ...
25
26
27
28
- 13 -Case 2:20-cv-02321-DJH Document 1 Filed 12/02/20 Page 14 of 53
1
• Challenged signatures on envelopes where the signature was a
completely different person than the name of the listed voter, was let
through and approved by supervisors.
• Challenged runs or batches of envelopes for signature verification
observed by me to be the exact same handwriting on the affidavit envelopes
on numerous envelopes. When I asked if the County Attorney would be
alerted for possible ballot fraud, I was told no, but supervisors would take
care of it. ...
• In the Duplication room, I observed with my Democratic partner the
preparation of a new ballot since the original may have been soiled,
damaged, or ripped, and wouldn’t go through the tabulator. I read her a
Trump/Republican ballot and as soon as she entered it into the system the
ballot defaulted on the screen to a Biden/Democratic ballot. We reported
this to supervisors, and others in the room commented that they had
witnessed the same manipulation. We were never told what, if any,
corrective action was taken.
• Election Office Observers – when it became apparent that more and
more early and mail-in ballots would need to be processed, I mentioned that
the current rule of the number of observers per party was not adequate (1
per party, unless all parties agreed to more). And since the Governor
refused to call the Legislature into session for any reason, and little
incentive for the Democrats to agree to a higher adequate number, there
was no way 1 observer per Party, forced to the back of a room, or behind a
see-through wall, had a legitimate opportunity to see what elections
workers were seeing in real time and doing, especially where up to 20 or
more workers processing tasks, sometimes in 10 seconds or less! And I
personally observed most observers acting “clueless”, and do not believe
any of them even realized the challenges I made and referenced above.
• And lastly, one of the most egregious incidents in both the
Duplication and Adjudication rooms which I worked, I observed the
problem of Trump votes with voters checking the bubble for a vote for
Trump, but ALSO, writing in the name “Donald Trump” and checking the
bubble next to his hand written name again, as a duplicated vote, counting
as an “OVERVOTE,” which means – no vote was counted at all, despite
the policy having been changed to allow these overvotes. Supervisors
contradicted their own policies where the intent was clear. Ray Valenzuela,
Director of Elections, told me openly at the morning of the Dominion
Certification (November 18, 2020), that this was incorrect, the Supervisors
were terribly mistaken and as an Adjudicator, I was instructed incorrectly,
and these many votes SHOULD HAVE BEEN COUNTED AND NOT
TURNED AWAY AS AN OVERVOTE.
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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Id. at 5-6.
1
II. EXPERT WITNESS TESTIMONY:
2
EVIDENCE OF WIDESPREAD VOTER FRAUD
3
4
1.
In Arizona 86,845 Mail-In Ballots Were Lost, and 219,135 More
5 Were Fraudulently Recorded for Voters who Never Requested Mail-
6 In Ballots.
7
54.
The attached report of William M. Briggs, Ph.D. (“Dr. Briggs Report”)
8 summarizes the multi-state phone survey that includes a survey of Arizona voters collected
9 by Matt Braynard, which was conducted from November 15-17, 2020. See Ex., Dr. Briggs
10 Report at 1, and Att. 1 (“Briggs Survey”). The Briggs Survey identified two specific errors
11 involving unreturned mail-in ballots that are indicative of voter fraud, namely: “Error #1:
12 those who were recorded as receiving absentee ballots without requesting them;” and
13 “Error #2: those who returned absentee ballots but whose votes went missing (i.e., marked
14 as unreturned).” Id. Dr. Briggs then conducted a parameter-free predictive model to
15 estimate, within 95% confidence or prediction intervals, the number of ballots affected by
16 these errors are from a total population of 518,560 unreturned mail-in ballots for the State
17 of Arizona.
18 55.
With respect to Error #1, Dr. Briggs’ analysis estimated that 208,333 to
19 229,337 ballots out of the total 518,560 unreturned ballots were recorded for voters who
20 had not requested them. Id. All of these absentee ballots were sent to someone besides
21 the registered voter named in the request, and thus could have been filled out by anyone
22 and then submitted in the name of another voter. Id. (Ballots ordered by third parties that
23 were voted, those would no longer be in the unreturned pool and therefore cannot be
24 estimated from this data set.)
25
56.
With respect to Error #2, he found 78,714 to 94,975 ballots out of 518,560
26 unreturned ballots recorded for voters who did return their ballots, but were recorded
27 as being unreturned. Id. These absentee ballots were either lost or destroyed (consistent
28 with allegations of Trump ballot destruction) and/or were replaced with blank ballots filled
- 15 -Case 2:20-cv-02321-DJH Document 1 Filed 12/02/20 Page 16 of 53
1
2
out by election workers, Dominion or other third parties.
57.
Taking the average of the two types of errors together, 303,305 ballots, or
3 58% of the total, are disenfranchisement and unlawful.Id. These errors are not only
4 conclusive evidence of widespread fraud by the State of Arizona, but they are fully
5 consistent with the evidence about Dominion presented in Section III below insofar as
6 these unreturned absentee ballots represent a pool of blank ballots that could be filled
7 in by third parties to shift the election to Joe Biden, and also present the obvious
8 conclusion that there must be absentee ballots unlawfully ordered by third parties that were
9 returned.
10
Dr. Briggs’ finding that 58% of “unreturned ballots” suffer from one of the
58.
11 two errors above is consistent with his findings in the four other States analyzed (Georgia
12 39%, Michigan 45%, Pennsylvania 37%, and Wisconsin 45%). His analysis also provides
13 further support that these widespread “irregularities” or anomalies were one part of a much
14 larger multi-state fraudulent scheme to rig the 2020 General Election for Joe Biden.
15
2.
Out-of-State Illegally Voted in Arizona.
16
17
Evidence That At Least 5,790 Ineligible Voters Who Have Moved
3.
Evidence compiled by Matt Braynard using the National Change of
18 Address (“NCOA”) Database shows that 5,085 Arizona voters in the 2020
19 General Election moved out-of-state prior to voting, and therefore were
20 ineligible.
21 subsequently registered to vote in another state and were therefore
22 ineligible to vote in the 2020 General Election. The merged number is
23 5,790 ineligible voters whose votes must be removed from the total for the
24 2020 General ElectionEstimate of Illegal or Fictitious Votes Due to
25 Dominion Voting Fraud and Manipulation.
26
59.
Mr. Braynard also identified 744 Arizona voters who
Expert witness Russell James Ramsland, Jr. identifies two types of statistical
27 anomalies that he concludes are the result of voting fraud. (See Ex. 17). First, as in other
28 States Mr. Ramsland has analyzed (Georgia, Michigan and Wisconsin), Mr. Ramsland
- 16 -Case 2:20-cv-02321-DJH Document 1 Filed 12/02/20 Page 17 of 53
1 finds historically unprecedented levels of turnout in specific counties or precincts. Using
2 publicly available data, Mr. Ramsland determined that 66 percent of Pima County precincts
3 (164 of 248) had turn out above 80%, and at least 36 had turnout above 90%, and that 54
4 percent of Maricopa County precincts (300 of 558) had turnout of 80% or more, and at
5 least 30 over 90%. Id. ¶14. The report concludes that these extraordinary, and likely
6 fraudulent, turnout levels “compels the conclusion to a reasonable degree of professional
7 certainty that the vote count in Arizona, in particular for Maricopa and Pima counties for
8 candidates for President contain at least 100,724 illegal votes that must be disregarded.
9 Id.¶14.
10 60.
Mr. Ramsland also identifies an impossibility: “an improbable, and possibly
11 impossible spike in processed votes,” id. ¶16, like those also found in Georgia, Michigan
12 and Wisconsin. Specifically, at 8:06:40 PM on November 3, 2020, there was a spike of
13 143,100 votes for Biden in Maricopa and Pima Counties. Id. Mr. Ramsland believes that
14 the spike in Arizona, like those in the other three States he analyzed could have been
15 manufactured by Dominion voting machines through a method described in greater detail
16 in Section III below. Id.
17
18
19
20
21
22
61.
The summation of sections A through C above provide the following
conclusions for the reports cited above, respectively.
• Returned ballots that were deemed unreturned by the state (average
for Briggs Error #1): 219,135.
• Unreturned mail ballots unlawfully ordered by third parties (average
for Briggs Error #1): 86,845.
23
24
25
26
27
• Votes by persons that moved out of state or subsequently registered
to vote in another state for the 2020 election: 5,790.
• “Excess votes” to historically unprecedented, and likely fraudulent
turnout levels of 80% or more in over half of Maricopa and Pima
28
- 17 -Case 2:20-cv-02321-DJH Document 1 Filed 12/02/20 Page 18 of 53
County precincts: 100,724.
1
2
3
4
5
62.
identified that amount to 412,494 or over 40 times the margin by which candidate Biden
leads President Trump in the state of Arizona.
III. FACTUAL ALLEGATIONS REGARDING DOMINION VOTING SYSTEMS
6
5. The State of Arizona used Dominion Voting Systems in Maricopa County.
7
Dominion’s Results for 2020 General Election Demonstrate
8
Dominion Manipulated Election Results.
9
10
11
12
13
14
17
18
19
20
21
22
63. ]
64. Mr. Ramsland analyzed the Edison data reported to, and posted by, the New
York Times, and concludes that this data “strongly suggests” the use of an “additive
algorithm” (referred to as “ranked choice voting algorithm” (“RCV”) in Dominion’s user
guide), combined with blank ballots loaded by the election workers or system operators, to
manipulate votes in Arizona. 6
15
16
In Conclusion, the Reports cited above show a total amount of illegal votes
65.
Mr. Ramsland cites two specific examples from the Edison data
demonstrating Dominion’s algorithmic vote manipulation. The figure below, reproduced
from his testimony, graphs the Edison data on election night for Arizona, where the blue
bars “indicate the percentage of the batch that went for Biden,” while the red trend lines
and arrows “indicate the impossible consistencies” in that vote percentage. Id. ¶15. In
other words, the blue bars and the horizontal trend lines show that “the percentage of the
votes submitted in each batch that went towards candidate [Biden] remain unchanged for
a series of time and for a number of consecutive batches ...” Id. Mr. Ramsland concludes
23
24
25
26
27
28
6
See Ex. 17, ¶15 (quoting Democracy Suite EMS Results Tally and Reporting User
Guide, Chapter 11, Settings 11.2.2, which reads in part, “RCV METHOD: This will
select the specific method of tabulating RCV votes to elect a winner.”) Using the
RCV method allows the operator to enter “blank ballots ... into the system and treated as
‘write-ins.’ Then the operator can enter an allocation of the write-ins among candidates
as he or she wishes. The result then awards the winner based on “points” that the
algorithm computes, not actual voter votes.” Id.
- 18 -Case 2:20-cv-02321-DJH Document 1 Filed 12/02/20 Page 19 of 53
1 that the probability of such a consistent percentage in multiple consecutive batches
2 “approaches zero,” and “makes clear an algorithm is allocating votes based on a
3 percentage.” Id.
4
5
6
7
8
9
10
11
12
Impossible consistency in percentage of votes counted
13
14
66.
The second example analyzed by Mr. Ramsland is “the improbable, and
15
16
17
18
19
20
21
22
23
24
25
26
27
28
- 19 -Case 2:20-cv-02321-DJH Document 1 Filed 12/02/20 Page 20 of 53
1 possibly impossible spike in processed votes” for Biden, namely, the insertion of 143,100
2 Biden votes in Maricopa and Pima Counties at 8:06:40 PM on November 3, 2020. See id.
3 ¶16.
4 This spike, cast largely for Biden, could easily be produced in the Dominion EMS
5
control system by pre-loading batches of blank ballots in files such as Write-Ins or other
6
7
adjudication-type files then casting them almost all for Biden using the Override
8 Procedure (to cast Write-In, Blank, or Error ballots) that is available to the operator of the
9 system. A few batches of blank ballots electronically pre-loaded into the adjudication
10
11
12
13
files could easily produce a processed ballot stream this extreme so that actual paper
ballots would not be needed until later to create “corroboration” for the electronic count.
Id.
14
6. Administrative and Judicial Decisions Regarding Dominion’s
15
Security Flaws.
16
17
18
19
67.
nearly the same Dominion Democracy Suite on January 24, 2020, specifically because the
“examiner reports raise concerns about whether Democracy Suite 5.5-A system ... is safe
from fraudulent or unauthorized manipulation.” 7
20
21
22
23
24
25
Texas. Texas, through its by the Secretary of State, denied certification to
68.
Wisconsin. In 2018, Jill Stein was in litigation with Dominion Voting
Systems (“DVS”) after her 2016 recount request pursuant to WISCONSIN
STAT.§5.905(4) wherein DVS obtained a Court Order requiring confidentiality on
information including voting counting source code, which Dominion claims is proprietary
– and must be kept secret from the public. (See unpublished decision, Wisconsin Court of
Appeals, No. 2019AP272 issued April 30, 2020). Rather than engaging in an open and
26
7
27
28
See attached hereto, as Exh. 11, State of Texas Secretary of State, Elections Division,
Report of Review of Dominion Voting Systems Democracy Suite 5.5-A at 2 (Jan. 24,
2020) (emphasis added).
- 20 -Case 2:20-cv-02321-DJH Document 1 Filed 12/02/20 Page 21 of 53
1 transparent process to give credibility to Wisconsin’s Dominion-Democracy Suite
2 voting system, the processes were hidden during the receipt, review, opening, and
3 tabulation of those votes in direct contravention of Wisconsin’s Election Code and
4 Federal law.
5
69.
Georgia. Substantial evidence of this vulnerability was discussed in Judge
6 Amy Totenberg’s October 11, 2020 Order in the USDC N.D. Ga. case of Curling, et al. v.
7 Kemp, et. al, Case No. 1:17-cv-02989 Doc. No. 964. See, p. 22-23 (“This array of experts
8 and subject matter specialists provided a huge volume of significant evidence regarding
9 the security risks and deficits in the system as implemented in both witness declarations
10 and live testimony at the preliminary injunction hearing.”); p. 25 (“In particular, Dr.
11 Halderman’s testing indicated the practical feasibility through a cyber attack of causing the
12 swapping or deletion of specific votes cast and the compromise of the system through
13 different cyber attack strategies, including through access to and alteration or manipulation
14 of the QR barcode.”) The full order should be read, for it is eye-opening and refutes many
15 of Dominion’s erroneous claims and talking points.
16
70.
The Secretary of State appoints a committee of three people to test different
17 voting systems. The committee is required to submit their recommendations to the
18 Secretary of state who then makes the final decision on which voting system(s) to adopt.
19 A.R.S. § 16-442(A) and (C)In explaining that “In summary, [the court] rejected the
20 Secretary's argument that her certification of voting machines for use in Arizona is a
21 political question that is inappropriate for judicial review.” In doing so, the court
22 explained the application of HAVA because Arizona requires that its voting systems are
23 HAVA compliant which includes accreditation pursuant to HAVA. Chavez v. Brewer,
24 222 Ariz. 309, 317, 214 P.3d 397, 405, 2009). During the subsequent four years, the
25 Arizona Legislature amended and enacted several statutes to effectuate HAVA. Among
26 these changes, the legislature amended Arizona Revised Statutes (A.R.S.) section 16-
27 442(A) to require that the secretary of state determine the voting machines that are
28 "certified for use" in elections. 2003 Ariz. Sess. Laws, ch. 260, § 9 (1st Reg. Sess.). The
- 21 -Case 2:20-cv-02321-DJH Document 1 Filed 12/02/20 Page 22 of 53
1 legislature also amended the process for selecting electronic voting machines by
2 requiring that the secretary of state certify only voting machines that "comply with
3 [HAVA]" and requiring that all election machines or devices be "tested and approved by
4 a laboratory that is accredited pursuant to [HAVA]." Id.; A.R.S. § 16-442(B) (2006). The
5 legislature also authorized the secretary of state to revoke the certification of any voting
6 system that fails to meet the new standards. 2003 Ariz. Sess. Laws, ch. 260, § 9; 2005
7 Ariz. Sess. Laws, ch. 144, § 2; A.R.S. § 16-442(C), (D).
8 Chavez v. Brewer, 222 Ariz. 309, 312, 214 P.3d 397, 400, (App. 2009).
Dominion Voting Systems is not currently certified pursuant to the EAC Voting
Systems
9
10
71.
A District Judge found that Dominion’s BMD ballots are not voter verifiable,
11 and they cannot be audited in a software independent way. The credibility of a BMD ballot
12 can be no greater than the credibility of Dominion’s systems, which copious expert analysis
13 has shown is deeply compromised. Similar to the issues in Arizona and Wisconsin, Judge
14 Totenberg of the District Court of Georgia Northern District held:
15
16
17
18
19
20
21
22
23
24
25
26
27
Georgia’s Election Code mandates the use of the BMD system as the
uniform mode of voting for all in-person voters in federal and statewide
elections. O.C.G.A. § 21-2-300(a)(2). The statutory provisions mandate
voting on “electronic ballot markers” that: (1) use “electronic technology to
independently and privately mark a paper ballot at the direction of an
elector, interpret ballot selections, ... such interpretation for elector
verification, and print an elector verifiable paper ballot;” and (2)
“produce paper ballots which are marked with the elector’s choices in a
format readable by the elector” O.C.G.A. § 21-2-2(7.1); O.C.G.A. § 21-
2-300(a)(2). Plaintiffs and other voters who wish to vote in-person are
required to vote on a system that does none of those things. Rather, the
evidence shows that the Dominion BMD system does not produce a voter-
verifiable paper ballot or a paper ballot marked with the voter’s
choices in a format readable by the voter because the votes are
tabulated solely from the unreadable QR code.
See Order, pp. 81-82. (Emphasis added).
72.
This case was later affirmed in a related case, in the Eleventh Circuit in 2018
related to Georgia’s voting system in Common Cause Georgia v. Kemp, 347 F. Supp. 3d
28
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1
1270 (11 th Cir. 2018). The Court found that:
2
3
4
5
6
7
8
9
In summary, while further evidence will be necessary in the future, the
Court finds that the combination of the statistical evidence and witness
declarations in the record here (and the expert witness evidence in the
related Curling case which the Court takes notice of) persuasively
demonstrates the likelihood of Plaintiff succeeding on its claims. Plaintiff
has shown a substantial likelihood of proving that the Secretary’s failure to
properly maintain a reliable and secure voter registration system has and
will continue to result in the infringement of the rights of the voters to cast
their vote and have their votes counted. Id.at 1294-1295.
73.
The expert witness in the above litigation in the United States District
10 Court of Georgia, Case 1:17-cv-02989-AT, Harri Hursti, specifically testified to
11 the acute security vulnerabilities, see Ex. 107, wherein he testified or found:
A. “The scanner and tabulation software settings being employed
to determine which votes to count on hand marked paper ballots
are likely causing clearly intentioned votes to be counted” “The
voting system is being operated in Fulton County in a manner
that escalates the security risk to an extreme level” “Votes are
not reviewing their BMD printed ballots, which causes BMD
generated results to be un-auditable due to the untrustworthy
audit trail.” 50% or more of voter selections in some counties
were visible to poll workers. Dominion employees maintain
near exclusive control over the EMS servers.
“In my
professional opinion, the role played by Dominion personnel in
Fulton County, and other counties with similar arrangements,
should be considered an elevated risk factor when evaluating the
security risks of Georgia’s voting system.” Id. ¶26.
12
13
14
15
16
17
18
19
20
21 B. A video game download was found on one Georgia Dominion
22 system laptop, suggesting that multiple Windows updates have
been made on that respective computer.
23
24
25
26
27
C. There is evidence of remote access and remote troubleshooting
which presents a grave security implication.
D. Certified identified vulnerabilities should be considered an
“extreme security risk.”
E. There is evidence of transfer of control the systems out of the
physical perimeters and place control with a third party off site.
28
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F. USB drives with vote tally information were observed to be
1
2 removed from the presence of poll watchers during a recent
election.
3 G. “The security risks outlined above – operating system risks, the
failure to harden the computers, performing operations directly
on the operating systems, lax control of memory cards, lack of
procedures, and potential remote access are extreme and destroy
the credibility of the tabulations and output of the reports
coming from a voting system.” Id. ¶49.
4
5
6
7
7. Foreign
Interference/Hacking
and/or
Manipulation
of
8
Dominion Results.
9
a. The Origins of Dominion Voting Systems
10
74.
Smartmatic and its inventors have backgrounds evidencing foreign
11
connections with countries such as Serbia. Upon information and belief, the
12
13
inventors listed below have such connections:
Applicant: SMARTMATIC, CORP.
14
Inventors: Lino Iglesias, Roger Pinate, Antonio Mugica, Paul Babic,
Jeffrey Naveda, Dany Farina, Rodrigo Meneses, Salvador Ponticelli,
Gisela Goncalves, Yrem Caruso 8
15
16
75.
17
Another Affiant witness testifies that in Venezuela, she was in official
18 position related to elections and witnessed manipulations of petitions to prevent a
19 removal of President Chavez and because she protested, she was summarily
20 dismissed. She explains the vulnerabilities of the electronic voting system and
21 Smartmatica to such manipulations. (See Ex. 17, Cardozo Aff. ¶8).
b. US Government Advisory on Vulnerability to Foreign
22
Hackers.
23
76.
24
In October of 2020 The FBI and CISA issued a JOINT CYBERSECURITY
25 ADVISORY ON October 30, 2020 titled: Iranian Advanced Persistent Threat Actor
26 Identified Obtained Voter Registration Data
27
28
8
See Patents Assigned to Smartmatic Corp., available at:
https://patents.justia.com/assignee/smartmatic-corp
- 24 -Case 2:20-cv-02321-DJH Document 1 Filed 12/02/20 Page 25 of 53
1
2
3
4
5
6
7
8
9
This joint cybersecurity advisory was coauthored by the Cybersecurity and
Infrastructure Security Agency (CISA) and the Federal Bureau of
Investigation (FBI). CISA and the FBI are aware of an Iranian advanced
persistent threat (APT) actor targeting U.S. state websites to include
election websites. CISA and the FBI assess this actor is responsible for the
mass dissemination of voter intimidation emails to U.S. citizens and the
dissemination of U.S. election-related disinformation in mid-October
2020. 1 (Reference FBI FLASH message ME-000138-TT, disseminated
October 29, 2020). Further evaluation by CISA and the FBI has identified
the targeting of U.S. state election websites was an intentional effort to
influence and interfere with the 2020 U.S. presidential election.
(See CISA and FBI Joint Cyber Security Advisory of October 30, 2020, a copy attached
hereto as Ex. 18.)
10
c. Expert Witness Testimony on Dominion Vulnerability to
11
Foreign Interference and Ties to Hostile Foreign
12
13
14
15
16
17
18
19
20
21
22
23
Governments
77.
A PhD Declarant analyzed the cumulative vote percentages sorted by ward
or precinct sizes. This concept was previously used throughout the report on voter
irregularities in lulu Fries’dat and Anselmo Sampietro’s “An electoral system in crisis” at
http://www. electoralsystemincrisis.org/.
In Fries’ dat’s report there was an anomalous
dependency on precinct size in many of the 2016 primary elections. The larger precincts
had introduced the use of voting machines.
However, one could also theorize the
opportunity for cheaters to cheat in small precincts, where there may be less oversight.
Normally, we would expect the cumulative vote percentage to converge to an asymptote,
and bounce around the mean until convergence. An example of this can be found from the
2000 Florida Democratic presidential primary between Gore and Bradley. (See Exh. __, at
p. 8). This is shown in Figure 8, and is taken from Fries’ dat’s report:
24
25
26
27
28
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1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
(See Exh. __, at p. 9).
16
17 The Declarant then analyzed Maricopa county in Arizona, in addition to other swing
18 states. The data was obtained from the Maricopa county recorder website at
19 https://recorder.maricopa.gov/media/ArizonaExportByPrecinct_110320.txt
20 The Declarant sorted precincts by size and tallied the cumulative vote percentages. It
21 should rapidly approach an asymptote, but again in Figure 18 we see an anomaly. The
22 Biden percentage is higher in the smaller precincts, primarily at the expense of Trump,
23 again suggesting vote switching, since the 3rd party percentages immediately approach
24 the asymptote.
25
26
27
28
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1
2
3
4
5
6
7
8
9
10
11
12
13 (See Exh. 19, at p. 14).
14 In Figure 19 the Declarant focuses on the third-party percentages, which we see
15 are indeed independent of precinct size and converge quickly to the asymptote. This is
16 about what we would expect if the third-party candidates were counted fairly. It is in
17 sharp contrast to the precinct size dependency and slow convergence of the Trump and
18 Biden percentages.
19
20
21
22
23
24
25
26
27
28
- 27 -Case 2:20-cv-02321-DJH Document 1 Filed 12/02/20 Page 28 of 53
1
2
(See Exh. 19, at p. 15).
78.
An analysis of the Dominion software system by a former US Military
3 Intelligence expert subsequently found that the Dominion Voting system and software are
4 accessible - and was compromised by rogue actors, including foreign interference by Iran
5 and China. (See Ex. 12, Spider Declaration (redacted for security reasons).)
6
79.
The expert does an analysis and explains how by using servers and
7 employees connected with rogue actors and hostile foreign influences combined with
8 numerous easily discoverable leaked credentials, Dominion allowed foreign adversaries to
9 access data and intentionally provided access to Dominion’s infrastructure in order to
10 monitor and manipulate elections, including the most recent one in 2020. Id. Several facts
11 are set forth related to foreign members of Dominion Voting Systems and foreign servers
12 as well as foreign interference.).
13
80.
Another Declarant first explains the foundations of her opinion and then
14 addresses the concerns of foreign interference in our elections through hardware
15 components from companies based in foreign countries with adverse interests. (See Ex.
16 13). She explains that Dominion Voting Systems works with SCYTL, and that votes on
17 route, before reporting, go to SCYTL in foreign countries. On the way, they get mixed and
18 an algorithm is applied, which is done through a secretive process.
19
20
21
22
23
The core software used by ALL SCYTL related Election Machine/Software
manufacturers ensures “anonymity” Algorithms within the area of this
“shuffling” to maintain anonymity allows for setting values to achieve a
desired goal under the guise of “encryption” in the trap-door... Id.
81.
The Affiant goes on to explain the foreign relationships in the hardware used
24 by Dominion Voting Systems and its subsidiary Sequoia and explains specifically the port
25 that Dominion uses, which is called Edge Gateway and that is a part of Akamai
26 Technologies based in Germany and China.
27
82.
This Declarant further explains the foundations of her opinion and then
28
- 28 -Case 2:20-cv-02321-DJH Document 1 Filed 12/02/20 Page 29 of 53
1 addresses the concerns of foreign interference in our elections through hardware
2 components from companies based in foreign countries with adverse interests.
3
4
5
6
7
8
9
The concern is the HARDWARE and the NON – ACCREDITED VSTLs
as by their own admittance use COTS. The purpose of VSTL’s being
accredited and their importance is ensuring that there is no foreign
interference / bad actors accessing the tally data via backdoors in
equipment software. The core software used by ALL SCYTL related
Election Machine/Software manufacturers ensures “anonymity”.
Algorithms within the area of this “shuffling” to maintain anonymity
allows for setting values to achieve a desired goal under the guise of
“encryption” in the trap-door...
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
(See Id. at ¶32).
83.
Scytle, contracts with the AP – which receives the results tallied by SCYTL
on behalf of Dominion. (See Exh. 13 at par. 33). This becomes highly relevant since
SCYTLE is complete offshore. (See Exh. 13 at par.44) And where the ballots go through
a process described in three categories for a ballot cast, Step 1 involves Configuring the
Data; Step 2 involves Cleansing which means determining which ballots are valid and
which are not; and Step 3 involves “Shuffling” where the ballots get mixed and the
algorithm is applied to distribute the votes. It is when the algorithm is applied, that happens
secretly and the parameters of that algorithm are only known to SCYTL and Dominion.
(See Exh. 13, pars. 44-50) – and where it gets encrypted as “ciphertexts.”
Certification Program, nor is its’ provider. China is not currently the only nation
involved with COTS system provided to election machines or the networking, so is
Germany via a LAOS founded Chinese linked cloud service company that works with
SCYTL named Akamai Technologies – that have their offices in China and are linked
to the server for Dominion Software. (See Exh. 13 at par. 36))
25 Mathematical evidence of the seeding “injection” of votes can be seen from the data feed
26 on November 3, 2020 for Maricopa and Pima counties, where a spike can be seen which
27 means a large number of votes were injected into the totals. (See Exh. 13 at par. 69).
28
- 29 -Case 2:20-cv-02321-DJH Document 1 Filed 12/02/20 Page 30 of 53
1
2
84.
The Affiant explains the use of an algorithm and how it presents throughout
the statement, but specifically concludes that,
3
4
The “Digital Fix” observed with an increased spike in VOTES for Joe
Biden can be determined as evidence of a pivot. Normally it would be
5
6
assumed that the algorithm had a Complete Pivot. Wilkinson’s
demonstrated the guarantee as:
7
8
9
10
11
12
13
14
15
16
17
18
Such a conjecture allows the growth factor the ability to be upper bound by
values closer to n. Therefore, complete pivoting can’t be observed because
there would be too many floating points. Nor can partial as the partial
pivoting would overwhelm after the “injection” of votes. Therefore,
external factors were used which is evident from the “DIGITAL FIX.”
(See Id. at pars. 67-69)
“The algorithm looks to have been set to give Joe Biden a 52% win even
with an initial 50K+ vote block allocation was provided initially as tallying
began (as in case of Arizona too). In the am of November 4, 2020 the
algorithm stopped working, therefore another “block allocation” to remedy
the failure of the algorithm. This was done manually as ALL the
SYSTEMS shut down NATIONWIDE to avoid detection.”
19
20
21
(See Id. at par. 73)
85.
And Russ Ramsland can support that further by documenting the data feed
22 that came from Dominion Voting Systems to Scytl based on certain available data, that it
23 was reported with decimal points, which is contrary to one vote as one ballot: “The fact
24
that we observed raw vote data coming directly that includes decimal places
25
26 establishes selection by an algorithm, and not individual voter’s choice. Otherwise,
27 votes would be solely represented as whole numbers (votes cannot possibly be added
28 up and have decimal places reported).”
- 30 -Case 2:20-cv-02321-DJH Document 1 Filed 12/02/20 Page 31 of 53
1
2
8. Additional Independent Findings of Dominion Flaws.
86.
Further supportive of this pattern of incidents, reflecting an absence of
3 mistake, Plaintiffs have since learned that the “glitches” in the Dominion system, that have
4 the uniform effect of hurting Trump and helping Biden, have been widely reported in the
5
press and confirmed by the analysis of independent experts.
6
1.Central Operator Can Remove, Discard or Manipulate Votes.
7
8
87.
Mr. Watkins further explains that the central operator can remove or
9 discard batches of votes. “After all of the ballots loaded into the scanner’s feed tray have
10 been through the scanner, the “ImageCast Central” operator will remove the ballots from
11
12
13
14
15
the tray then have the option to either “Accept Batch” or “Discard Batch” on the scanning
menu .... “ (Ex. 14, Watkins aff. ¶11). ¶8.
88.
Mr. Watkins further testifies that the user manual makes clear that the system
allows for threshold settings to be set to find all ballots get marked as “problem ballots”
16
17
18
19
20
21
22
23
24
25
for discretionary determinations on where the vote goes stating:
9. During the ballot scanning process, the “ImageCast Central” software
will detect how much of a percent coverage of the oval was filled in by the
voter. The Dominion customer determines the thresholds of which the oval
needs to be covered by a mark in order to qualify as a valid vote. If a ballot
has a marginal mark which did not meet the specific thresholds set by the
customer, then the ballot is considered a “problem ballot” and may be set
aside into a folder named “NotCastImages”.
10. Through creatively tweaking the oval coverage threshold settings, and
advanced settings on the ImageCase Central scanners, it may be possible to
set thresholds in such a way that a non-trivial amount of ballots are marked
“problem ballots” and sent to the “NotCastImages” folder.
26
27
28
11. The administrator of the ImageCast Central work station may view all
images of scanned ballots which were deemed “problem ballots” by simply
navigating via the standard “Windows File Explorer” to the folder named
- 31 -Case 2:20-cv-02321-DJH Document 1 Filed 12/02/20 Page 32 of 53
1
2
3
“NotCastImages” which holds ballot scans of “problem ballots”. It may be
possible for an administrator of the “ImageCast Central” workstation to
view and delete any individual ballot scans from the “NotCastImages”
folder by simply using the standard Windows delete and recycle bin
functions provided by the Windows 10 Pro operating system. Id. ¶¶ 9-11.
4
5
89.
The Voting Rights Act, 52 U.S.C. §10101(e), provides, in relevant part:
6 ... When used in the subsection, the word “vote” includes all action necessary to make a
7 vote effective including, but not limited to, registration or other action required by State
8 law prerequisite to voting, casting a ballot, and having such ballot counted and included in
9 the appropriate totals of votes cast with respect to candidates for public office and
10
11
propositions for which votes are received in an election;
a. The VRA, 52 U.S.C. § 10307, also provides, in relevant part, that,
12 b. No person acting under color of law shall fail or refuse to permit any person
13 to vote who is entitled to vote under any provision of chapters 103 to 107 of
14
this title or is otherwise qualified to vote, or willfully fail or refuse to tabulate,
15
16
count, and report such person’s vote.
17 c. Federal law also requires the states to maintain uniform voting standards.
18 Section 301 of the Help America Vote Act of 2002 [HAVA], (Pub. L. 107–
19
252, 116 Stat. 1704, codified at 42 U.S.C. § 15481.
20
21
d. Each voting system used in an election for Federal office shall meet the
22 following requirements:
23 nondiscriminatory standards that define what constitutes a vote and what will
24
(6) Each State shall adopt uniform and
be counted as a vote for each category of voting system used in the State. 42
25
26
U.S.C. §15481(a)(6)
27 e. State laws define a “vote” as a “ballot” that clearly indicates the intent of the
28 voter to choose a candidate. “Ballot” means a ballot label, sheet of paper or
- 32 -Case 2:20-cv-02321-DJH Document 1 Filed 12/02/20 Page 33 of 53
envelope on which votes are recorded. The term also includes a sheet or card,
1
2 filmstrip or other device listing or containing information relative to offices,
3 candidates and referenda which is placed, projected or composed on the
4
board or screen inside a voting machine. Wis. Stat. § 5.02 Every ballot, except
5
a voting machine ballot, shall bear substantially the following information on the
6
face: “Notice to electors: This ballot may be invalid unless initialed by 2 election
7
8 inspectors. If cast as an absentee ballot, the ballot must bear the initials of the
9 municipal clerk or deputy clerk.
10
Wis. Stat. Ann. § 5.54 (emphasis in
originalFederal law also requires the states to maintain uniform voting standards.
11
Section 301 of the Help America Vote Act of 2002 [HAVA], (Pub. L. 107–252,
12
116 Stat. 1704, codified at 42 U.S.C. § 15481. Among other things, it provides that,
13
“Each voting system used in an election for Federal office shall meet the following
14
requirements: ...
15
(6) Each State shall adopt uniform and nondiscriminatory
16 standards that define what constitutes a vote and what will be counted as a vote for
17 each category of voting system used in the State.” 42 U.S.C. §15481(a)(6)
18
2.Dominion – By Design – Violates Federal Election & Voting Record
19
Retention Requirements.
20
90.
21
The Dominion System put in place by its own design violates the intent of
Federal law on the requirement to preserve and retain records – which clearly requires
22
23
24
25
26
27
28
preservation of all records requisite to voting in such an election.
§ 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
- 33 -Case 2:20-cv-02321-DJH Document 1 Filed 12/02/20 Page 34 of 53
1
2
3
4
5
6
7
8
9
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.
10
11
See 52 USC § 20701.
3.Dominion Vulnerabilities to Hacking.
12
13
91.
Plaintiffs have since learned that the “glitches” in the Dominion
14 system -- that have the uniform effect of hurting Trump and helping Biden -- have
15 been widely reported in the press and confirmed by the analysis of independent
16 experts, a partial summary of which is included below.
17
(1) Users on the ground have full admin privileges to machines and
18
23 software. The Dominion system is designed to facilitate vulnerability
and allow a select few to determine which votes will be counted in any
election. Workers were responsible for moving ballot data from polling
place to the collector’s office and inputting it into the correct folder.
Any anomaly, such as pen drips or bleeds, is not counted and is handed
over to a poll worker to analyze and decide if it should count. This
creates massive opportunity for improper vote adjudication. (Ex. 14
Watkins aff. ¶¶8 & 11).
24 (2) Affiant witness (name redacted for security reasons), in his sworn
25 26 testimony explains he was selected for the national security guard
detail of the President of Venezuela, and that he witnessed the
creation of Smartmatic for the purpose of election vote
27 manipulation:
28 I was witness to the creation and operation of a sophisticated electronic
19
20
21
22
- 34 -Case 2:20-cv-02321-DJH Document 1 Filed 12/02/20 Page 35 of 53
voting system that permitted the leaders of the Venezuelan government
to manipulate the tabulation of votes for national and local elections and
select the winner of those elections in order to gain and maintain their
power. Importantly, I was a direct witness to the creation and operation
of an electronic voting system in a conspiracy between a company
known as Smartmatic and the leaders of conspiracy with the Venezuelan
government. This conspiracy specifically involved President Hugo
Chavez Frias, the person in charge of the National Electoral Council
named Jorge Rodriguez, and principals, representatives, and personnel
from Smartmatic which included ... The purpose of this conspiracy was
to create and operate a voting system that could change the votes in
elections from votes against persons running the Venezuelan
government to votes in their favor in order to maintain control of the
government. (Id. ¶¶6, 9, 10).
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
92.
Specific vulnerabilities of the systems in question that have been well
documented or reported include:
A. Barcodes can override the voters’ vote: As one University of California,
Berkeley study shows, “In all three of these machines [including
Dominion Voting Systems] the ballot marking printer is in the same
paper path as the mechanism to deposit marked ballots into an attached
ballot box. This opens up a very serious security vulnerability: the
voting machine can make the paper ballot (to add votes or spoil already-
case votes) after the last time the voter sees the paper, and then deposit
that marked ballot into the ballot box without the possibility of
detection.” (See Ex. 10, Appel Study).
B. Voting machines were able to be connected to the internet by way of
laptops that were obviously internet accessible. If one laptop was
connected to the internet, the entire precinct was compromised.
C. October 6, 2006 – Congresswoman Carolyn Maloney calls on
Secretary of Treasury Henry Paulson to conduct an investigation
into Smartmatic based on its foreign ownership and ties to
Venezuela. (See Ex. 15). Congresswoman Maloney wrote that “It is
undisputed that Smartmatic is foreign owned and it has acquired Sequoia
... Smartmatic now acknowledged that Antonio Mugica, a Venezuelan
businessman has a controlling interest in Smartmatica, but the company
has not revealed who all other Smartmatic owners are. Id.
D. Dominion “got into trouble” with several subsidiaries it used over
alleged cases of fraud. One subsidiary is Smartmatic, a company “that
- 35 -Case 2:20-cv-02321-DJH Document 1 Filed 12/02/20 Page 36 of 53
has played a significant role in the U.S. market over the last decade.” 9
Dominion entered into a 2009 contract with Smartmatic and provided
Smartmatic with the PCOS machines (optical scanners) that were used
in the 2010 Philippine election, the biggest automated election run by a
private company. The automation of that first election in the Philippines
was hailed by the international community and by the critics of the
automation. The results transmission reached 90% of votes four hours
after polls closed and Filipinos knew for the first time who would be
their new president on Election Day. In keeping with local Election law
requirements, Smartmatic and Dominion were required to provide the
source code of the voting machines prior to elections so that it could be
independently verified. Id.
1
2
3
4
5
6
7
8
E. Litigation over Smartmatic “glitches” alleges they impacted the 2010
and 2013 mid-term elections in the Philippines, raising questions of
cheating and fraud. An independent review of the source codes used in
the machines found multiple problems, which concluded, “The software
inventory provided by Smartmatic is inadequate, ... which brings into
question the software credibility.” 10
9
10
11
12
13
F. Dominion acquired Sequoia Voting Systems as well as Premier Election
Solutions (formerly part of Diebold, which sold Premier to ES&S in
2009, until antitrust issues forced ES&S to sell Premier, which then was
acquired by Dominion). This map illustrates 2016 voting machine
data—meaning, these data do not reflect geographic aggregation at the
time of acquisition, but rather the machines that retain the Sequoia or
Premier/Diebold brand that now fall under Dominion’s market share.
Penn Wharton Study at 16.
14
15
16
17
18
19
G. In late December of 2019, three Democrat Senators, Warren, Klobuchar,
Wyden and House Member Mark Pocan wrote about their
‘particularized concerns that secretive & “trouble -plagued companies”‘
“have long skimped on security in favor of convenience,” in the context
of how they described the voting machine systems that three large
vendors – Election Systems & Software, Dominion Voting Systems, &
20
21
22
23
24
25
26
Voting Technology Companies in the U.S. – Their Histories and Present
Contributions, Access Wire, (Aug. 10, 2017), available at:
https://www.accesswire.com/471912/Voting-Technology-Companies-in-the-US--Their-
Histories.
9
10
27
28
Smartmatic-TIM Running Out of Time to Fix Glitches, ABS-CBN News (May 4,
2010), available at: https://news.abs-cbn.com/nation/05/04/10/smartmatic-tim-running-
out-time-fix-glitches.
- 36 -Case 2:20-cv-02321-DJH Document 1 Filed 12/02/20 Page 37 of 53
Hart InterCivic – collectively provide voting machines & software that
facilitate voting for over 90% of all eligible voters in the U.S.” (See Ex.
16).
1
2
3
H. Senator Ron Wyden (D-Oregon) said the findings [insecurity of voting
systems] are “yet another damning indictment of the profiteering
election vendors, who care more about the bottom line than protecting
our democracy.” It’s also an indictment, he said, “of the notion that
important cybersecurity decisions should be left entirely to county
election offices, many of whom do not employ a single cybersecurity
specialist.” 11
4
5
6
7
8
9
93.
The House of Representatives passed H.R. 2722 in an attempt to
address these very risks on June 27, 2019:
10
This bill addresses election security through grant programs and
requirements for voting systems and paper ballots.
The bill establishes requirements for voting systems, including that
systems (1) use individual, durable, voter-verified paper ballots; (2)
make a voter’s marked ballot available for inspection and verification by
the voter before the vote is cast; (3) ensure that individuals with
disabilities are given an equivalent opportunity to vote, including with
privacy and independence, in a manner that produces a voter-verified
paper ballot; (4) be manufactured in the United States; and (5) meet
specified cybersecurity requirements, including the prohibition of the
connection of a voting system to the internet.
11
12
13
14
15
16
17
18 See H.R. 2722.
19 9. Because
Dominion
Senior
Management
Has
Publicly
20 Expressed Hostility to Trump and Opposition to His Election,
21 Dominion Is Not Entitled to Any Presumption of Fairness,
22 Objectivity or Impartiality, and Should Instead Be Treated as
23 a Hostile Partisan Political Actor.
24
94.
Dr. Eric Coomer is listed as the co-inventor for several patents on
25
26
27
28
11
Kim Zetter, Exclusive: Critical U.S. Election Systems Have Been Left Exposed
Online Despite Official Denials, VICE (Aug. 8, 2019) (“VICE Election Article”),
available at: https://www.vice.com/en/article/3kxzk9/exclusive-critical-us-election-
systems have-been-left-exposed-online-despite-official-denials.
- 37 -Case 2:20-cv-02321-DJH Document 1 Filed 12/02/20 Page 38 of 53
1 ballot adjudication and voting machine-related technology, all of which were
2 assigned to Dominion. 12 He joined Dominion in 2010, and most recently served
3 as Voting Systems Officer of Strategy and Director of Security for Dominion. Dr.
4 Coomer first joined Sequoia Voting Systems in 2005 as Chief Software Architect
5 and became Vice President of Engineering before Dominion Voting Systems
6 acquired Sequoia. Dr. Coomer’s patented ballot adjudication technology is built
7 into Dominion voting machines sold throughout the United States, including those
8 used in Arizona. (See attached hereto Exh 6, Jo Oltmann Aff.).
9
95.
In 2016, Dr. Coomer admitted to the State of Illinois that Dominion
10 Voting machines can be manipulated remotely. 13 He has also publicly posted
11 videos explaining how Dominion voting machines can be remotely manipulated.
12 See Id. 14
13
14
15
16
17
18
19
20
21
22
23
24
25
26
See “Patents by Inventor Eric Coomer,” available at:
https://patents.justia.com/inventor/eric-coomer. This page lists the following
patents issued to Dr. Coomer and his co-inventors: (1) U.S. Patent No. 9,202,113,
Ballot Adjudication in Voting Systems Utilizing Ballot Images (issued Dec. 1,
2015); (2) U.S. Patent No. 8,913,787, Ballot Adjudication in Voting Systems
Utilizing Ballot Images (issued Dec. 16, 2014); (3) U.S. Patent No. 8,910,865,
Ballot Level Security Features for Optical Scan Voting Machine Capable of
Ballot Image Processing, Secure Ballot Printing, and Ballot Layout
Authentication and Verification (issued Dec. 16, 2014); (4) U.S. Patent No.
8,876,002, Systems for Configuring Voting Machines, Docking Device for
Voting Machines, Warehouse Support and Asset Tracking of Voting Machines
(issued Nov. 4, 2014); (5) U.S. Patent No. 8,864,026, Ballot Image Processing
System and Method for Voting Machines (issued Oct. 21, 2014); (6) U.S. Patent
No. 8,714,450, Systems and Methods for Transactional Ballot Processing, and
Ballot Auditing (issued May 6, 2014), available at:
https://patents.justia.com/inventor/eric-coomer.
12
Jose Hermosa, Electoral Fraud: Dominion’s Vice President Warned in 2016 That
Vote-Counting Systems Are Manipulable, The BL (Nov. 13, 2020), available at:
https://thebl.com/us-news/electoral-fraud-dominions-vice-president-warned-in-2016-that-
vote-counting-systems-are-manipulable.html.
13
See, e.g., “Eric Coomer Explains How to Alter Votes in the Dominion Voting
System” (Nov. 24, 2020) (excerpt of presentation delivered in Chicago in 2017),
available at: https://www.youtube.com/watch?v=UtB3tLaXLJE.
14
27
28
- 38 -Case 2:20-cv-02321-DJH Document 1 Filed 12/02/20 Page 39 of 53
96.
1
Dr. Coomer has emerged as Dominion’s principal defender, both in
2 litigation alleging that Dominion rigged elections in Georgia and in the media. An
3 examination of his previous public statements has revealed that Dr. Coomer is
4 highly partisan and even more anti-Trump, precisely the opposite of what would
5 expect from the management of a company charged with fairly and impartially
6 counting votes (which is presumably why he tried to scrub his social media
7 history). (See Id.)
97.
8
Unfortunately for Dr. Coomer, however, a number of these posts have
9 been captured for perpetuity. Below are quotes from some of his greatest President
10 Trump and Trump voter hating hits to show proof of motive and opportunity. (See
11 Id).
If you are planning to vote for that autocratic, narcissistic, fascist ass-hat
blowhard and his Christian jihadist VP pic, UNFRIEND ME NOW! No,
I’m not joking. ... Only an absolute F[**]KING IDIOT could ever vote
for that wind-bag fuck-tard FASCIST RACIST F[**]K! ... I don’t give a
damn if you’re friend, family, or random acquaintance, pull the lever,
mark an oval, touch a screen for that carnival barker ... UNFRIEND ME
NOW! I have no desire whatsoever to ever interact with you. You are
beyond hope, beyond reason. You are controlled by fear, reaction and
bullsh[*]t. Get your shit together. F[**]K YOU! Seriously, this f[**]king
ass-clown stands against everything that makes this country awesome!
You want in on that? You [Trump voters] deserve nothing but contempt.
Id. (July 21, 2016 Facebook post). 15
12
13
14
15
16
17
18
19
20
21
22
23
24
98.
anticipates this Complaint and many others, by slandering those seeking to hold
election riggers like Dominion to account and to prevent the United States’ descent
into Venezuelan levels of voting fraud and corruption out of which Dominion was
born:
Excerpts in stunning Trump-supporter logic, “I know there is a lot of voter
fraud. I don’t know who is doing it, or how much is happening, but I
25
26
27
28
In a rare moment of perhaps unintentional honesty, Dr. Coomer
In this and other quotations from Dr. Coomer’s social media, Plaintiffs have
redacted certain profane terms.
15
- 39 -Case 2:20-cv-02321-DJH Document 1 Filed 12/02/20 Page 40 of 53
1
2
3
4
5
6
7
8
9
10
11
know it is going on a lot.” This beautiful statement was followed by, “It
happens in third world countries, this the US, we can’t let it happen here.”
Id. (October 29, 2016 Facebook post); (See also Exh. 6)
1.
Dr. Coomer, who invented the technology for Dominion’s voting
fraud and has publicly explained how it can be used to alter votes, seems to be
extremely hostile to those who would attempt to stop it and uphold the integrity of
elections that underpins the legitimacy of the United States government:
And in other news... There be some serious fuckery going on right here
fueled by our Cheeto-in-Chief stoking lie after lie on the flames of [Kris]
Kobach... [Linking Washington Post article discussing the Presidential
Advisory Commission on Election Integrity, of which former Kansas
Secretary of State Kris Kobach was a member, entitled, “The voting
commission is a fraud itself. Shut it down.”] Id. (September 14, 2017
Facebook post.] (Id.)
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
99.
Dr. Coomer also keeps good company, supporting and reposting
ANTIFA statements slandering President Trump as a “fascist” and by extension his
supporters, voters and the United States military (which he claims, without
evidence, Trump will make into a “fascist tool”). Id. (June 2, 2020 Facebook post).
Lest someone claims that these are “isolated statements” “taken out of context”, Dr.
Coomer has affirmed that he shares ANTIFA’s taste in music and hatred of the United
States of America, id. (May 31, 2020 Facebook post linking “F[**]k the USA” by the
exploited), and the police. Id. (separate May 31, 2020 Facebook posts linking N.W.A.
“F[**]k the Police” and a post promoting phrase “Dead Cops”). Id. at 4-5.
100.
Affiant and journalist Joseph Oltmann researched ANTIFA in
Colorado. Id. at 1. “On or about the week of September 27, 2020,” he attended an
Antifa meeting which appeared to be between Antifa members in Colorado
Springs and Denver Colorado,” where Dr. Coomer was present. In response to a
question as to what Antifa would do “if Trump wins this ... election?”, Dr. Coomer
responded “Don’t worry about the election. Trump is not going to win. I made
f[**]king sure of that ... Hahaha.” Id. at 2.
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1
101.
By putting an anti-Trump zealot like Dr. Coomer in charge of election
2 “Security,” and using his technology for what should be impartial “ballot adjudication,”
3 Dominion has given the fox the keys to the hen house and has forfeited any presumption
4 of objectivity, fairness, or even propriety. It appears that Dominion does not care about
5 even an appearance of impropriety, as its most important officer has his fingerprints all
6 over a highly partisan, vindictive, and personal vendetta against the Republican nominee
7 both in 2016 and 2020, President Donald Trump. Dr. Coomer’s highly partisan anti-Trump
8 rages show clear motive on the part of Dominion to rig the election in favor of Biden, and
9 may well explain why for each of the so-called “glitches” uncovered, it is always Biden
10
11
receiving the most votes on the favorable end of such a “glitch.” (Id.)
102.
In sum, as set forth above, for a host of independent reasons, the
12 Arizona election results concluding that Joe Biden received more votes that
13 President Donald Trump must be set aside.
14 COUNT I
15 Defendants Violated the Elections and Electors Clauses and 42 U.S.C. § 1983.
16 103. Plaintiffs reallege all preceding paragraphs as if fully set forth herein.
17 104. The Electors Clause states that “[e]ach State shall appoint, in such Manner
18 as the Legislature thereof may direct, a Number of Electors” for President. U.S. Const. art.
19 II, §1, cl. 2 (emphasis added). Likewise, the Elections Clause of the U.S. Constitution
20 states that “[t]he Times, Places, and Manner of holding Elections for Senators and
21 Representatives, shall be prescribed in each State by the Legislature thereof.” U.S. Const.
22 art. I, § 4, cl. 1 (emphasis added).
23
105.
The Legislature is “‘the representative body which ma[kes] the laws of
24 the people.’” Smiley v. Holm, 285 U.S. 355, 365 (1932).
25 congressional and presidential elections, thus, “must be in accordance with the
26 method which the state has prescribed for legislative enactments.” Id. at 367; see
27 also Ariz. State Legislature v. Ariz. Indep. Redistricting Comm’n, 135 S. Ct. 2652,
28 2668 (2015).
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Regulations ofCase 2:20-cv-02321-DJH Document 1 Filed 12/02/20 Page 42 of 53
1
106.
Defendants are not part of the Arizona Legislature and cannot exercise
2 legislative power. Because the United States Constitution reserves for the Arizona
3 Legislature the power to set the time, place, and manner of holding elections for
4 the President and Congress, county boards of elections and state executive officers
5 have no authority to unilaterally exercise that power, much less to hold them in
6 ways that conflict with existing legislation.
7 i. The VRA, 52 U.S.C. § 10307, also provides, in relevant part, that,
8 ii. No person acting under color of law shall fail or refuse to permit
9 any person to vote who is entitled to vote under any provision of
10 chapters 103 to 107 of this title or is otherwise qualified to vote, or
11 willfully fail or refuse to tabulate, count, and report such person’s
12 vote.
iii.
13
Federal law also requires the states to maintain uniform voting
14 standards. Section 301 of the Help America Vote Act of 2002
15 [HAVA], (Pub. L. 107–252, 116 Stat. 1704, codified at 42 U.S.C. §
16 15481.
iv.
17
Each voting system used in an election for Federal office shall meet
18 the following requirements: (6) Each State shall adopt uniform and
19 nondiscriminatory standards that define what constitutes a vote and
20 what will be counted as a vote for each category of voting system
21 used in the State. 42 U.S.C. §15481(a)(6).
22
107.
With respect to unreturned ballots recorded for voters who did return
23 their ballot but were recorded as being unreturned, Plaintiffs have identified 78,714
24 to 94,975 ballots out of 518,560 absentee / mail ballots. Id. These absentee ballots
25 were either lost or destroyed (consistent with allegations of Trump ballot
26 destruction) and/or were replaced with blank ballots filled out by election workers,
27 Dominion or other third parties.
28
108.
Taking the average of the two types of errors together, 303,305 ballots, or
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1 58% of the total, are defective. These errors are not only conclusive evidence of widespread
2 fraud by the State of Arizona, but they are fully consistent with the evidence about
3 Dominion presented in Section III below insofar as these unreturned absentee ballots
4 represent a pool of blank ballots that could be filled in by third parties to shift the election
5 to Joe Biden, and also present the obvious conclusion that there must be absentee ballots
6 unlawfully ordered by third parties that were returned.
7
109.
There are also thousands of absentee ballots that Plaintiffs can show were
8 sent to someone besides the registered voter named in the request, and thus could have
9 been filled out by anyone and then submitted in the name of another voter specifically in
10
11
violation of election law, one vote is one ballot.
110.
Plaintiffs have no adequate remedy at law and will suffer serious and
12 irreparable harm unless the injunctive relief requested herein is granted.
13 Defendants have acted and, unless enjoined, will act under color of state law to
14 violate the Elections Clause.
15
111.
Accordingly, the results for President in the November 3, 2020 election
16 must be set aside, the State of Arizona should be enjoined from transmitting the
17 certified the results thereof, and this Court should grant the other declaratory and
18 injunctive relief requested herein.
19 COUNT II
20 Defendants Violated The Equal Protection Clause of the
21 Fourteenth Amendment U.S. Const. Amend. XIV & 42 U.S.C.
22 § 1983
23
24
25
112.
Plaintiffs refer to and incorporate by reference each of the prior paragraphs
of this Complaint as though the same were repeated at length herein.
113.
The Fourteenth Amendment of the United States Constitution provides “nor
26 shall any state deprive any person of life, liberty, or property, without due process
27 of law; nor deny to any person within its jurisdiction the equal protection of the
28 laws. See also Bush v. Gore, 531 U.S. 98, 104 (2000) (having once granted the
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1 right to vote on equal terms, the State may not, by later arbitrary and disparate
2 treatment, value one person’s vote over the value of another’s). Harper v. Va. Bd.
3 of Elections, 383 U.S. 663, 665 (1966) (“Once the franchise is granted to the
4 electorate, lines may not be drawn which are inconsistent with the Equal Protection
5 Clause of the Fourteenth Amendment.”). The Court has held that to ensure equal
6 protection, a problem inheres in the absence of specific standards to ensure its
7 equal application. Bush, 531 U.S. at 106 (“The formulation of uniform rules to
8 determine intent based on these recurring circumstances is practicable and, we
9 conclude, necessary.”).
10
114.
The equal enforcement of election laws is necessary to preserve our
11 most basic and fundamental rights.
12 particularly stringently enforced as to laws that affect the exercise of fundamental
13 rights, including the right to vote.
14
115.
The requirement of equal protection is
The disparate treatment of Arizona voters, in subjecting one class of voters
15 to greater burdens or scrutiny than another, violates Equal Protection guarantees because
16 “the right of suffrage can be denied by a debasement or dilution of the weight of a citizen’s
17 vote just as effectively as by wholly prohibiting the free exercise of the franchise.”
18 Reynolds, 377 U.S. at 555. Rice v. McAlister, 268 Ore. 125, 128, 519 P.2d 1263, 1265
19 (1975); Heitman v. Brown Grp., Inc., 638 S.W.2d 316, 319, 1982 Mo. App. LEXIS 3159,
20 at *4 (Mo. Ct. App. 1982); Prince v. Bear River Mut. Ins. Co., 2002 UT 68, ¶ 41, 56 P.3d
21 524, 536-37 (Utah 2002).
22
116.
In statewide and federal elections conducted in the State of Arizona,
23 including without limitation the November 3, 2020 General Election, all
24 candidates, political parties, and voters, including without limitation Plaintiffs,
25 have an interest in having the election laws enforced fairly and uniformly.
117.
Defendants failed to comply with the requirements of Arizona law and the
26
27
28
Equal Protection Clause and thereby diluted the lawful ballots of the Plaintiffs and of
other Arizona voters and electors in violation of the United States Constitution guarantee
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1
2
of Equal Protection. In Section II, Plaintiff experts provide testimony quantifying the
number of illegal votes resulting from Defendants’ statutory and constitutional violations.
3 Finally, Section III details the additional voting fraud and manipulation enabled by the
4 use Dominion voting machines, which had the intent and effect of favoring Biden and
5 Democratic voters and discriminating against Trump and Republican voters.
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
118.
Defendants have acted and will continue to act under color of state
law to violate Plaintiffs’ right to be present and have actual observation and access
to the electoral process as secured by the Equal Protection Clause of the United
States Constitution and Arizona law. Defendants thus failed to conduct the general
election in a uniform manner as required by the Equal Protection Clause of the
Fourteenth Amendment, the corollary provisions of Arizona election law.
119.
Plaintiffs seek declaratory and injunctive relief forbidding Defendants
from certifying a tally that includes any ballots that were not legally cast, or that
were switched from Trump to Biden through the unlawful use of Dominion
Democracy Suite software and devices.
120.
In addition, Plaintiffs ask this Court to order that no ballot processed
by a counting board in Arizona can be included in the final vote tally unless a
challenger was allowed to meaningfully observe the process and handling and
counting of the ballot, or that were unlawfully switched from Trump to Biden.
121.
Clearly the dilution of lawful votes violates the Equal Protection clause;
and the counting of unlawful votes violates the rights of lawful Citizens.
122.
There are also thousands of absentee ballots that Plaintiffs can show were
sent to someone besides the registered voter named in the request, and thus could have
been filled out by anyone and then submitted in the name of another voter specifically in
violation of election law, one vote is one ballot. That is the dilution of lawful votes, while
78,714 to 94,975 ballots out of 518,560 unreturned ballots recorded for voters who did
return their ballot but were recorded as being unreturned, and their vote was taken from
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1
2
them.
123.
Plaintiffs have no adequate remedy at law and will suffer serious and
3 irreparable harm unless the declaratory and injunctive relief requested herein is
4 granted. Indeed, the setting aside of an election in which the people have chosen
5 their representative is a drastic remedy that should not be undertaken lightly, but
6 instead should be reserved for cases in which a person challenging an election has
7 clearly established a violation of election procedures and has demonstrated that the
8 violation has placed the result of the election in doubt. Arizona law allows
9 elections to be contested through litigation, both as a check on the integrity of the
10 election process and as a means of ensuring the fundamental right of citizens to
11 vote and to have their votes counted accurately.
12 COUNT III
13 Fourteenth Amendment, Amend. XIV & 42 U.S.C. § 1983
14 Denial of Due Process On The Right to Vote
15
16
17
124.
Plaintiffs refer to and incorporate by reference each of the prior
paragraphs of this Complaint as though the same were repeated at length herein.
125.
The right of qualified citizens to vote in a state election involving
18 federal candidates is recognized as a fundamental right under the Fourteenth
19 Amendment of the United States Constitution. Harper, 383 U.S. at 665.
20 also Reynolds, 377 U.S. at 554 (The Fourteenth Amendment protects the “the right
21 of all qualified citizens to vote, in state as well as in federal elections.”). Indeed,
22 ever since the Slaughter-House Cases, 83 U.S. 36 (1873), the United States
23 Supreme Court has held that the Privileges or Immunities Clause of the Fourteenth
24 Amendment protects certain rights of federal citizenship from state interference,
25 including the right of citizens to directly elect members of Congress. See Twining
26 v. New Jersey, 211 U.S. 78, 97 (1908) (citing Ex parte Yarbrough, 110 U.S. 651,
27 663-64 (1884)).
28 (Douglas, J., concurring) (collecting cases).
See
See also Oregon v. Mitchell, 400 U.S. 112, 148-49 (1970)
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1
126.
The fundamental right to vote protected by the Fourteenth Amendment
2 is cherished in our nation because it “is preservative of other basic civil and
3 political rights.” Reynolds, 377 U.S. at 562. Voters have a “right to cast a ballot
4 in an election free from the taint of intimidation and fraud,” Burson v. Freeman,
5 504 U.S. 191, 211 (1992), and “[c]onfidence in the integrity of our electoral
6 processes is essential to the functioning of our participatory democracy.” Purcell
7 v. Gonzalez, 549 U.S. 1, 4 (2006) (per curiam).
8
127.
“Obviously included within the right to [vote], secured by the
9 Constitution, is the right of qualified voters within a state to cast their ballots and
10 have them counted” if they are validly cast. United States v. Classic, 313 U.S. 299,
11 315 (1941). “[T]he right to have the vote counted” means counted “at full value
12 without dilution or discount.” Reynolds, 377 U.S. at 555, n.29 (quoting South v.
13 Peters, 339 U.S. 276, 279 (1950) (Douglas, J., dissenting)).
14
128.
“Every voter in a federal . . . election, whether he votes for a candidate
15 with little chance of winning or for one with little chance of losing, has a right under
16 the Constitution to have his vote fairly counted, without its being distorted by
17 fraudulently cast votes.” Anderson v. United States, 417 U.S. 211, 227 (1974); see
18 also Baker v. Carr, 369 U.S. 186, 208 (1962). Invalid or fraudulent votes
19 “debase[]” and “dilute” the weight of each validly cast vote. See Anderson, 417
20 U.S. at 227.
21
129.
The right to vote includes not just the right to cast a ballot, but also the right
22 to have it fairly counted if it is legally cast. The right to vote is infringed if a vote is
23 cancelled or diluted by a fraudulent or illegal vote, including without limitation when a
24 single person votes multiple times. The Supreme Court of the United States has made this
25 clear in case after case. See, e.g., Gray v. Sanders, 372 U.S. 368, 380 (1963) (every vote
26 must be “protected from the diluting effect of illegal ballots.”); Crawford v. Marion Cnty.
27 Election Bd., 553 U.S. 181, 196 (2008) (plurality op. of Stevens, J.) (“There is no question
28 about the legitimacy or importance of the State’s interest in counting only the votes of
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1
2
eligible voters.”); accord Reynolds v. Sims, 377 U.S. 533, 554-55 & n.29 (1964).
130.
The right to an honest [count] is a right possessed by each voting
3 elector, and to the extent that the importance of his vote is nullified, wholly or in
4 part, he has been injured in the free exercise of a right or privilege secured to him
5 by the laws and Constitution of the United States.” Anderson, 417 U.S. at 226
6 (quoting Prichard v. United States, 181 F.2d 326, 331 (6th Cir.), aff’d due to
7 absence of quorum, 339 U.S. 974 (1950)).
8
131.
Practices that promote the casting of illegal or unreliable ballots or
9 fail to contain basic minimum guarantees against such conduct, can violate the
10 Fourteenth Amendment by leading to the dilution of validly cast ballots. See
11 Reynolds, 377 U.S. at 555 (“[T]he right of suffrage can be denied by a debasement
12 or dilution of the weight of a citizen’s vote just as effectively as by wholly
13 prohibiting the free exercise of the franchise.”).
14
132.
Arizona law makes clear with regard to the electronic voting systems, that
15 “[a]fter the close of the polls and after compliance with section 16-602 the members of the
16 election board shall prepare a report in duplicate of the number of voters who have voted,
17 as indicated on the poll list, and place this report in the ballot box or metal container, in
18 which the voted ballots have been placed, which thereupon shall be sealed with a numbered
19 seal and delivered promptly by two members of the election board of different political
20 parties to the central counting place or other receiving station designated by the board of
21 supervisors or officer in charge of elections, which shall not be more than fifty miles from
22 the polling place from which the ballots are delivered. The person in charge of receiving
23 ballots shall give a numbered receipt acknowledging receipt of such ballots to the person
24 in charge who delivers such ballots. B. The chairman of the county committee of each
25 political party represented on the ballot may designate a member of his party to accompany
26 the ballots from each polling place to the central counting place. A.R.S. § 16-608.
27
28
133.
As Plaintiffs have shown the ballots processed by Dominion Voting Systems
reports to SCYTL, which is offshore, and uses an algorithm, that is secretive, and applies
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1
2
a cleansing of invalid versus valid ballots, before the votes get tallied for distribution.
134.
Plaintiffs seek declaratory and injunctive relief enjoining Defendants
3 from certifying the results of the General Election. This Court should enjoin
4 Defendants from certifying a tally that includes any ballots that were not legally
5 cast, or that were switched from Trump to Biden through the unlawful use of
6 Dominion Democracy Suite software and devices.
7 COUNT IV
8 Wide-Spread Ballot Fraud
9 135. Plaintiffs reallege all preceding paragraphs as if fully set forth herein.
10 136. The scheme of civil fraud can be shown with the pattern of conduct that
11 includes motive and opportunity, as exhibited by the high level official at Dominion Voting
12 Systems, Eric Coomer, and his visceral and public rage against the current U.S. President.
13
137.
Opportunity appears with the secretive nature of the voting source code, and
14 the feed of votes that make clear that an algorithm is applied, that reports in decimal points
15 despite the law requiring one vote for one ballot.
16
138.
The Supreme Court of Arizona set forth the standard of fraud for elections
17 when it that held in the State of Arizona, fraud in an election is based on ballots procured
18 in violation to the law: “We therefore hold that HN5 a showing of fraud is not a necessary
19 condition to invalidate absentee balloting. It is sufficient that an express non-
20 technical statute was violated, and ballots cast in violation of the statute affected the
21 election. Miller v. Picacho Elementary Sch. Dist. No. 33, 179 Ariz. 178, 180, 877 P.2d
22 277, 279, (S. Ct.1994).
23
24
25
26
27
28
“Contrary to Findley, election statutes are mandatory, not "advisory," or else they
would not be law at all. If a statute expressly provides that non-compliance
invalidates the vote, then the vote is invalid. If the statute does not have such a
provision, non-compliance may or may not invalidate the vote depending on its
effect. In the context of this case, "affect the result, or at least render it uncertain,"
id. at 269, 276 P. at 844, means ballots procured in violation of a non-technical
statute in sufficient numbers to alter the outcome of the election.
Id.
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1
139.
This Complaint presents expert witness testimony demonstrating that several
2 hundred thousand illegal, ineligible, duplicate or purely fictitious votes must be thrown
3 out, in particular:
4
5
A. Unreturned mail ballots unlawfully ordered by third parties: 219,135
B. Returned ballots that were deemed unreturned by the state: 86,845
6
7
8
C. Votes by persons that moved out of state or subsequently registered to
vote in another state for the 2020 election: 5,790.
D. “Excess votes” to historically unprecedented, and likely fraudulent
turnout levels of 80% or more in over half of Maricopa and Pima
County precincts: 100,724.
9
10
11
E. And Plaintiffs can show Mr. Biden received a statistically significant
Advantage from the use of Dominion Machines in a nationwide Study,
which conservatively estimates Biden’s advantage at 62,282 Votes.
12
13
14
15
16
17
140.
The right to vote includes not just the right to cast a ballot, but also the right
to have it fairly counted if it is legally cast. The right to vote is infringed if a vote is
cancelled or diluted by a fraudulent or illegal vote, including without limitation when a
single person votes multiple times. The Supreme Court of the United States has made this
clear in case after case. See, e.g., Gray v. Sanders, 372 U.S. 368, 380 (1963) (every vote
18 must be “protected from the diluting effect of illegal ballots.”); Crawford v. Marion Cnty.
19 Election Bd., 553 U.S. 181, 196 (2008) (plurality op. of Stevens, J.) (“There is no question
20 about the legitimacy or importance of the State’s interest in counting only the votes of
21 eligible voters.”); accord Reynolds v. Sims, 377 U.S. 533, 554-55 & n.29 (1964).
22
23
24
25
26
141.
Plaintiffs have no adequate remedy at law. Plaintiffs contest the results of
Arizona’s 2020 General Election because it is fundamentally corrupted by fraud.
Defendants should be enjoined from certifying an election where there were intentional
violations of multiple provisions of Arizona law to elect Biden and other Democratic
candidates and defeat President Trump and other Republican candidates.
27
28
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PRAYER FOR RELIEF
1
2
3
4
142.
Accordingly, Plaintiffs seek an emergency order instructing Defendants to
de-certify the results of the General Election for the Office of President.
143.
In the alternative, Plaintiffs seek an emergency order prohibiting Defendants
5 from including in any certified results from the General Election the tabulation of absentee
6 and mailing ballots which do not comply with Arizona law.
7
144.
Further, Plaintiffs ask this Court to order production of all registration data,
8 ballot applications, ballots, envelopes, etc. required to be maintained by law. When we
9 consider the harm of these uncounted votes, and ballots not ordered by the voters
10 themselves, and the potential that many of these unordered ballots may in fact have been
11 improperly voted and also prevented proper voting at the polls, the mail ballot system has
12 clearly failed in the state of Arizona and did so on a large scale and widespread basis. The
13 size of the voting failures, whether accidental or intentional, are multiples larger than the
14 margin in the state. For these reasons, Arizona cannot reasonably rely on the results of the
15 mail vote. Relief sought is the elimination of the mail ballots from counting in the 2020
16 election. Alternatively, the electors for the State of Arizona should be disqualified from
17 counting toward the 2020 election. Alternatively, the electors of the State of Arizona
18 should be directed to vote for President Donald Trump.
19
20
21
22
145.
For these reasons, Plaintiffs ask this Court to enter a judgment in their favor
and provide the following emergency relief:
1. An order directing Governor Ducey and Secretary Hobbs to de-certify the
election results;
23
24
25
26
27
2. An order enjoining Governor Ducey from transmitting the currently
certified election results the Electoral College;
3. An immediate emergency order to seize and impound all servers,
software, voting machines, tabulators, printers, portable media, logs,
28
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1 ballot applications, ballot return envelopes, ballot images, paper ballots,
2 and all election materials related to the November 3, 2020 Arizona
3 election for forensic audit and inspection by the Plaintiffs;
4
5
4. An order that no votes received or tabulated by machines that were not
certified as required by federal and state law be counted;
6
7 5. A declaratory judgment declaring that Arizona’s failed system of
8 signature verification violates the Electors and Elections Clause by
9 working a de facto abolition of the signature verification requirement;
10
11
6. A declaratory judgment declaring that currently certified election results
violate the Due Process Clause, U.S. CONST. Amend. XIV;
12
13 7. A declaratory judgment declaring that mail-in and absentee ballot fraud
14 must be remedied with a Full Manual Recount or statistically valid
15 sampling that properly verifies the signatures on absentee ballot
16 envelopes and that invalidates the certified results if the recount or
17 sampling analysis shows a sufficient number of ineligible absentee
18 ballots were counted;
19
20
8. A declaratory judgment declaring absentee ballot fraud occurred in
violation of Constitutional rights, Election laws and under state law;
21
22 9. A permanent injunction prohibiting the Governor and Secretary of State
23 from transmitting the currently certified results to the Electoral College
24 based on the overwhelming evidence of election tampering;
25
26
27
10. Immediate production of 48 hours of security camera recording of all
rooms used in Maricopa County for November 3, 2020 and November
4, 2020.
28
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1 11. Plaintiffs further request the Court grant such other relief as is just and
2 proper, including but not limited to, the costs of this action and their
3 reasonable attorney fees and expenses pursuant to 42 U.S.C. 1988.
4
5
6
7
8
9
10
11
12
13
14
15
Respectfully submitted, this 1st day of December 2020.
/s Sidney Powell*
/s Alexander Kolodin
Sidney Powell PC
Texas Bar No. 16209700
Kolodin Law Group PLLC
AZ Bar No. 030826
2911 Turtle Creek Blvd, Suite 300
Dallas, Texas 75219
3443 N. Central Ave Ste 1009
Phoenix, AZ 85012
*Application for admission pro hac vice
forthcoming
Of Counsel:
Emily P. Newman (Virginia Bar No. 84265)
Julia Z. Haller (D.C. Bar No. 466921)
Brandon Johnson (D.C. Bar No. 491730)
16 2911 Turtle Creek Blvd. Suite 300
Dallas, Texas 75219
17 *Application for admission pro hac vice Forthcoming
18 L. Lin Wood (Georgia Bar No. 774588)
L. LIN WOOD, P.C.
P.O. Box 52584
Atlanta, GA 30305-0584
Telephone: (404) 891-1402
19
20
21
22
23
24
Howard Kleinhendler (New York Bar No. 2657120)
Howard Kleinhendler Esquire
369 Lexington Ave. 12 th Floor
New York, New York 10017
(917) 793-1188
howard@kleinhendler.com
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