March 9, 2005 Complaint to be Heard
My March 9, 2005 complaint to the Wisconsin State Elections Board will be heard this Wednesday, September 12, 2007.
Here is the meeting notice on the WI SEB web site and here is the memorandum from the staff to the board members which explains the complaint and offers the staffs interpretation of the merits of the complaint and the staff's recommendations to the board on the disposition of the complaint.
The summary the complaint found on page 6 is succinct and correct.
I must object to the attempt to dismiss the complaint for lack of personal knowledge. The staff report states:
But, the memorandum fails to note that I have no samples from the City of Milwaukee for the November 2, 2004 election, solely because the City Election Commission allowed me once to inspect the election records but never let me the copy the election records. Now that I have the November 2, 2004 election records I can bring in my summary of all 314 wards.
Complicating the complaint is the matter of the underlying election records. In the 30 months from the filing of this complaint to the hearing of this complaint, the records have been destroyed for 4 of the 5 elections cited in the complaint. The election records from the City of Milwaukee for the September 14, 2004 and February 15, 2005 elections have been destroyed. The election records for November 2, 2004 election for the villages of Germantown and Menomonee Falls have be destroyed. This is because I did not know enough at the time to demand a protective order for the records. Nor, did the staff of the Elections Board notify the three municipal clerks and 3 county clerks that the records were subject to a complaint and should be preserved pursuant to WI Stats 7.23(2) and subject to some other contest. Either of us could have asked for the preservation of the record, but neither of us did, so the records were destroyed when the 22 month retention period elapsed.
This should be an interesting meeting. Since, it seems I will alone against the legal counsel of the Board staff, and the 3 municipalities, I would ask you to pray on my behalf for wisdom, discernment, and a temperate tongue.
Here is the meeting notice on the WI SEB web site and here is the memorandum from the staff to the board members which explains the complaint and offers the staffs interpretation of the merits of the complaint and the staff's recommendations to the board on the disposition of the complaint.
The summary the complaint found on page 6 is succinct and correct.
I must object to the attempt to dismiss the complaint for lack of personal knowledge. The staff report states:
- Predicating a complaint on “published reports” does not meet the personal knowledge standard. A complaint should be based on the personal knowledge of the complainant or of an affiant whose affidavit is the basis for the complaint.
But, the memorandum fails to note that I have no samples from the City of Milwaukee for the November 2, 2004 election, solely because the City Election Commission allowed me once to inspect the election records but never let me the copy the election records. Now that I have the November 2, 2004 election records I can bring in my summary of all 314 wards.
Complicating the complaint is the matter of the underlying election records. In the 30 months from the filing of this complaint to the hearing of this complaint, the records have been destroyed for 4 of the 5 elections cited in the complaint. The election records from the City of Milwaukee for the September 14, 2004 and February 15, 2005 elections have been destroyed. The election records for November 2, 2004 election for the villages of Germantown and Menomonee Falls have be destroyed. This is because I did not know enough at the time to demand a protective order for the records. Nor, did the staff of the Elections Board notify the three municipal clerks and 3 county clerks that the records were subject to a complaint and should be preserved pursuant to WI Stats 7.23(2) and subject to some other contest. Either of us could have asked for the preservation of the record, but neither of us did, so the records were destroyed when the 22 month retention period elapsed.
This should be an interesting meeting. Since, it seems I will alone against the legal counsel of the Board staff, and the 3 municipalities, I would ask you to pray on my behalf for wisdom, discernment, and a temperate tongue.
posted by John Washburn | 9:58 AM
1 Comments:
Wish I could be there to support you, but I will be in Madison.
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