blog 2018 07 04 setting aside your propositon 39 bond election
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Setting Aside Your Propositon 39 Bond Election
July 4, 2018

What a concept, huh? Surely all these Proposition 39 bond elections are beyond reproach. Surely, your district's voters have made their voices heard; they want what the school bonds cartel is selling. Who are you to overturn their will?

Well, what if it's all a fraud? What if all the actors -- the school bonds cartel, your district (ah, but I repeat myself), and your county registrar of voters are all participating in a scheme that violates the law and intentionally condones and effectuates fraud in fact? No matter how these actors smile and charm you or hide behind lawyers or, better yet, silence, they couldn't care less about the law and ethics. They want your money. They lie and deceive to get it.

Grounds for An Election Contest

Here's an example of an actual notice and demand letter to the county and district officials. The law of the land requires notice. You always want to be in a state of honor. Here, the officials are being given notice of what they've done, in this case, holding a fraudulent election. They're given an opportunity to correct the situation. If they either ignore the notice or don't correct it satisfactorily, then you have every right to take the next step to protect your rights. More importantly, you've removed the excuse, lame as it might be, that they didn't know. Once in a great while, one or more official may reply, and you'll learn how they intend to defend their actions. I consider this a mandatory step in any dispute.

So, was your Proposition 39 bond election fraudulent? Hopefully, you'll be able to answer that question with an affirmative answer. If you're not there yet, you have a little ways to go.

If your measure was written by a school bonds cartel lawyer, then, by definition, it is fraudulent in two major respects. First, the measure is not "a list of the specific school facilities projects to be funded." That's the constitutional requirement upon which all oversight hinges. Second, the ballot statement (question) does not conform to the requirements of Elections Code 13119.

Election Contest Checklist

If you're going to attempt an election contest, you should prepare for it in advance.

Checklist

  1. As soon as the primary or general election is called by the governor, prepare a notice to your registrar reminding him or her of the two common areas of fraud.
  2. As you learn of districts considering bonds in your county, send each district a similar notice.
  3. Identify and contact potential contestants, district voter or property owner, for an election contest. This will likely be your most difficult task.
  4. When the bond measure appears to have passed, prepare the notice to set aside the election.
  5. Send public records request to the registrar and the school district to gather evidence to be used in the election contest.
  6. As soon as the election results are certified, send the notice to set it aside.
  7. At the same time, prepare the election contest paperwork, and get the contestants to sign the verified complaint.
  8. After the deadline given in the notice to set aside the election, file the contest paperwork with the Superior Court in your county.
  9. Prepare to answer a motion to dismiss.
  10. Prepare to appear in court at least once for the trial.
  11. Prepare for the trial.
  12. Win the contest based on the facts of the fraud committed by the elections officials, and the district and its agents.

For more details about each of the items in the checklist, you'll need to request level 8 membership on this site. If you already have level 8 access, then you'll need the pass phrase to permit access to entire recommended process.

Bottom Line

Every election has its own, unique set of facts. However, thanks to the same players -- the school bonds cartel -- pushing, campaigning, and, generally, pulling out all the stops both legally and ethically behind these elections, there is also a general set of facts that appear almost universally.

Election contests, as permitted by the Elections Code beginning at Section 16000, must be raised promptly (within 30 days of certification of the election). You see, in our system of law, even scoundrels, cheats, and liars deserve due process.

There's an old maxim of law, vigilantibus non dormientibus, jura subveniunt -- the laws come to the aid of those who are vigilant, not those who sleep on their rights. In plain language, speak now or forever hold your peace. If you're one of the vigilant, call me. Now, not later!

Fiat justitia ruat caelum.

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