Legal Analysis for Paper Ballot Solution in Georgia by Attorney Jared Craig President Georgia VFAF



NEWNAN, Ga.July 19, 2023PRLog — By Attorney Jared Craig – Veterans for Trump attorney

Veterans for Trump will be partnering with Women for America First on the effort to transition to Paper Ballots , press on that partnership effort will follow through the national press room.

Legal Analysis for Paper Ballot Solution

A.        Decertifying the Non-Compliant Voting Machines:

  • Examination of Optical Scanning voting Systems:

o   O.C.G.A. §§ 21-2-368, 21-2-379.24, 21-2-379.2:

§  Who? 10 + electors can request SOS to examine voting machines

§  Standard for Approval: “Safely and Accurately used by Electors … to accurately record and tabulate votes …

  • FEC Standard is 1 error in 500,000 positions

§  Effect of Examination: Can’t meet standard, no longer approved

§  Compliance: 10 days prior to elections, Election Superintendent shall certify to SOS that all equipment is certified

§  Penalty: $100,000.00 plus all costs and expenses incurred due to the sale of the machines against seller of noncompliant equipment

  • State Election Board Duties: Board is Ex Officio of the SOS Office
    • Promulgating rules and regulation to promote uniformity in election practices, and to promote legality and purity in elections;
    • Investigating the administration of elections and frauds and to report findings to the Attorney General or responsible district attorneys;
    • Making recommendations to the General Assembly regarding elections;
    • Developing rules and regulations about what constitutes a vote that will be counted;
    • Educating the public about voting and offering voting education programs; and,
    • Taking such other action as the board may deem appropriate to conduct “fair, legal and orderly elections”.

Fair, legal and orderly elections” are the Board’s watch words for our service to the people of Georgia. We are committed to the highest standards of integrity in our service to our state and its citizens and all matters related to the election process. These are the values to which we commit.”

  • Voting by Paper Ballot: O.C.G.A. §21-2-334:

o   “If a method of nomination or election for any candidate or office, or of voting on any question is prescribed by law, in which the use of voting machines is not possible OR practicable, or in case, at any primary or election, the number of candidates seeking nomination or nominated for any office renders the use of voting machines for such office at such primary or election impracticable, or if, for any other reason, at any primary or election the use of voting machines wholly or in part is not practicable, the superintendent may arrange to have the voting for such candidates or offices or for such questions conducted by paper ballots. In such cases, paper ballots shall be printed for such candidates, offices, or questions, and the primary or election shall be conducted by the poll officers, and the ballots shall be counted and return thereof made in the manner required by law for such nominations, offices, or questions, insofar as paper ballots are used.”

o   Impossible ≠ Impracticable: the Georgia code section states, possible OR practicable, which means there are 2 different meanings and 2 different standards.

§  Impossible: “The fact or condition of not being able to occur, exist or be done.” (Black’s Law Dictionary)

§  Impracticable: contract law: excessively difficult, expensive, or harmful condition that excuses a party to the contract from performing.  The condition or act is possible, but not feasible to perform at a loss.  Under the Georgia Commercial Code (O.C.G.A. §§11-2-615, 11-2-614), it is defined as a loss of profits or reduced profit margins that allow substitute performance between a seller and buyer.

B.        Authority of the SOS over the County Board of Elections/Superintendents

  • O.C.G.A § 21-2-40: County Boards of Elections; Creation; Powers:

o   the GA General Assembly may create board of elections in any county or municipality, and when they do so, said board operates with the powers and duties of the Election Superintendent.

  • O.C.G.A. § 21-2-70: Powers and Duties of Superintendents:

(4) “To select and equip polling places for use in primaries and elections in accordance with this chapter.”

(5) “To purchase … and maintain equipment of all kinds … and to procure ballots and all other supplies for primaries and elections.”; and

(8) “To instruct poll officers and others in their duties … and to inspect systematically and thoroughly the conduct of primaries and elections … that primaries and elections be honestly, efficiently and uniformly conducted.”

  • O.C.G.A. § 21-22-480(e) “The form and arrangement of ballots shall be prepared by the superintendent.”

Pearson v. Kemp: NDGA 11th Circuit Case No. 1:20-cv-04809-TCB:

  • Holding: Case was dismissed due to a lack of subject matter jurisdiction and a lack of a proven injury in fact.  SOS argued that the Plaintiffs’ complaint should not be directed at their office because the authority to alter the voting methods rests in the County Board of Elections, and not the SOS office, nor the State Board of Elections.

Jacobson v. Florida Secretary of State: 11th Circuit: 974 3d. 1236: This was the GA SOS reference point to direct primary authority over ballots and voting methods to the County/Municipal Election Boards.

C.        Void Contract with Dominion violates O.C.G.A. §§ 21-2-368, 21-2-379.24, 21-2-379.2: the State Election Board contract with Dominion cannot comply with Georgia State laws that require the actual voter to confirm their actual tallied ballots.  QR Codes cannot be read by the naked eye, and therefore non-compliant process.

  • See Garland’s information for QR noncompliance with elector ballot verification basis.
  • If the Dominion machines do not comply with GA Law, they contract is voidable and they are subject to penalties, damages and expenses pursuant to O.C.G.A. §§ 21-2-368, 21-2-379.24, 21-2-379.2

D.        Judge Amy Totenberg Unseals Following Reports June 7, 2023 that illustrate Dominion ImageCase X System insecurities:

  • Halderman Report & MITR Report
  • Illustrate how the machines are noncompliant and impracticable for a fair and honest election.
  • Supports the application of O.C.G.A. §21-2-334 to use Paper Ballots



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