My continuing Act of Civil Disobedience and WHY:

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Jan 212021
 
President Donald Trump

by Elizabeth Morris

I will continue to refer to our elected Commander-in-Chief as President Donald J. Trump. I will refer to the person currently sitting in the office as Joe Biden, and his running mate as Kamala Harris – with no titles – because neither currently holds elected office.

That is, obviously, a very mild form of Civil Disobedience. But under the current vindictive and threatening environment – it is the safest act I can perform. But even a mild stand such as this, in the current environment, can bring a person trouble – as any suggestion the election was stolen is grounds for punishment.

That said, recognizing that Donald J. Trump is our elected President also means I will not obey executive orders signed by Joe Biden, who has no elected authority to institute executive orders. The executive orders signed by our elected president Donald Trump continue to be the legal authority.

Constitutionally, Congress had no choice but to certify the state’s election results. Nevertheless, that does not make Joe Biden the elected president. If President Trump in fact received the votes necessary to win the individual states – then he is, in fact, the elected president. Based on the sworn, eye-witness testimony of hundreds of poll workers and poll watchers from November 3rd on – testimony the main stream media purposefully ignored and did not allow the general public to see – there is more than enough evidence that “irregularities,” if not outright fraud, took place.

This is the evidence that several states and federal legislators were acting upon when they protested the election. These legislators are now being vilified for acting upon the evidence they were shown. They are being punished for believing and standing up for their constituents – some of whom showed documented evidence.

NO, Joe Biden – there can be no unity with this. Not ever.

Unfortunately, the state legislatures did NOT understand the Constitutional power and authority they had over the electoral votes. Neither did President Trump’s legal team fully understand. The courts were not the venue for the battle. The state legislatures were. In fact – the state legislatures have full constitutional authority – NOT the governors. The state legislatures did NOT have to have permission from the governor to hold a special session with regard to electoral votes.

Please read the opinion of constitutional authority and Senior Advisor to the Convention of States, Rob Natelson1, on the issue:

Natelson also wrote this article:

AND – here is another article Natelson wrote on the subject, in question and answer format:

Q&A for state legislators and citizens: The Constitution and how to settle the election

By: Rob Natelson|Published on: Nov 18, 2020|Categories: Constitution, Elections, Electoral College

Irregularities in the presidential election returns of six states have sparked the question “What next?” The states are Arizona, Georgia, Michigan, Nevada, Pennsylvania, and Wisconsin.

Should their state legislatures intervene? Confusing the issue are media and other claims that are dead wrong.

This column corrects the mistakes and clarifies duties and options.

Why the mistakes? Many in the media are strongly motivated to secure the election of Joe Biden—or, more accurately, the defeat of Donald Trump. They have been uncurious about alleged election irregularities or how the Constitution and federal law address presidential election deadlocks.

Even most experts are unfamiliar with this subject. On average, law school constitutional law courses spend 2/3 of their time on two percent of the Constitution (the 1st Amendment and two sections of the 14th) and largely ignore the presidential election process. Most law professors are unaware of the Constitution’s presidential election rules or the history behind them.

Now some questions and answers:

Q.Why are state legislatures involved?

A. You don’t learn this in school, but the Founders put the state legislatures near the heart of the political system. So much so that during the public debates over ratification of the Constitution, one of the most popular pro-Constitution writers (Tench Coxe) affirmed (pdf) that once the Constitution was ratified, ultimate sovereignty would lodge in a combination of state legislatures and state conventions.

Q. How is that relevant to presidential elections?

A. The Constitution gives state legislatures power to determine how electors are appointed. This power was reaffirmed by the Supreme Court this year in Chiafolo v. Washington (pdf). The Court held that state legislatures not only control choice of electors but can even direct them how to vote.

Q. Are there roles for Congress in the presidential election system?

A. Yes. One is that the Constitution’s Same Day Clause or Presidential Vote Clause (Art. II, Sec. 1, cl. 4) authorizes Congress to select a uniform national day for voting by presidential electors and a (necessarily uniform) national time for voting for president electors. Congress has responded with legislation whose current version was enacted in 1948: December 14 for voting by electors (3 U.S. Code §7) and November 3 for voting for electors (id., §1).

Q. But this year many people voted by mail and the balloting continued over weeks . . .

A. Yes, and that was a violation of both the Same Day Clause and federal law. Some of the election irregularities were those the Same Day Clause was adopted to prevent.

Q. So, where does the state legislature come in?

A. Federal law, 3 U.S.C., § 2, recognizes state legislatures’ continuing power to choose electors after November 3 if the election on that date fails. It reads:

“Whenever any State has held an election for the purpose of choosing electors, and has failed to make a choice on the day prescribed by law, the electors may be appointed on a subsequent day in such a manner as the legislature of such State may direct.”

Q. Is that relevant to all states this year?

A. No—only to the six states with contested elections. Investigations over the next few weeks may show that preliminary results in some of these states are accurate. Then the law will apply only to states (if any) where the results remain helplessly muddled.

Q. How do lawmakers learn if claims of irregularities are true?

A. They should see how the lawsuits challenging the election unfold in their states over the next few days and weeks. I also recommend that legislative committees hold hearings of their own.

Q. To overturn an election, do you have to show fraud?

A. No. Any irregularities altering the results may be sufficient. These include (1) election officials treating different votes in different ways, in violation of the 14th amendment (Bush v. Gore, pdf), (2) changing election procedures during or after the election—or before the election in a way that confuses voters, and (3) even innocent mistakes, including software or machine errors.

Q. I read an article saying that fraud is sufficient to upend an election, and that there is no need to show it changed the result. Is this correct?

A. No. A court is unlikely to set an election aside if the results would have been the same anyway.

Q. If a state legislature finds that the results are hopelessly muddled, what should it do?

A. The principal options are (1) call a special election limited to presidential electors only or (2) choose the electors itself. Some may gripe about a quick election repeat, but successive elections are common in some other democratic countries.

Q. Is it true that only the governor may call the legislature into special session?

A. It is true in some states. Of course, this is no problem if the governor is cooperative. Some state constitutions allow a petition signed by a certain number of lawmakers to call a special session.

Q. My state’s law says only the people, not the legislature, can choose electors. State law further requires a 60-day notice period before a special election. Doesn’t this prevent our state lawmakers from acting even if federal law would seem to authorize them to do so?

A. No. If the legislature can come into session it may—either with gubernatorial cooperation or by a veto-proof majority—change the laws as necessary and allow the people to vote.

Q. What if the governor is not cooperative and there is no veto-proof majority?

A. Then the legislature may call itself into session and choose the electors itself.

Q. Huh?

A. This is one of those things not taught in law school. Here’s the background:

The Constitution delegates power to federal departments and officials. But it also assigns responsibilities to persons and entities outside the federal government. These persons and entities include state governors, presidential electors, convention delegates, voters, jurors—and state legislatures. The courts refer to the exercise of these responsibilities as “federal functions.” (See my forthcoming article on the subject in the University of Pennsylvania Journal of Constitutional Law.)

When the Constitution assigns responsibility to the “state legislature,” it may mean either the state’s entire legislative apparatus, including the governor, or the representative assembly standing alone, without the governor.

Q. Go on . . . .

A. The Constitution gives state legislatures power to regulate federal elections. In this case, the delegation is to the entire legislative process including the governor. Ariz. State Legislature v. Ariz. Independent Redistricting Comm’n. (pdf). But when state legislatures act in the constitutional amendment process or elect functionaries themselves, they act alone, without gubernatorial involvement.

Q. For example?

A. Before the 17th amendment, the state legislatures elected U.S. Senators, and the governor had no say in the matter. Choice of presidential electors is almost certainly subject to the same rule. Federal law seems to recognize this when it provides, “Whenever any State has held an election for the purpose of choosing electors, and has failed to make a choice on the day prescribed by law, the electors may be appointed . . . in such a manner as the legislature of such State may direct.” Surely Congress did not expect the legislature to go through the entire law-making process in a constricted period of time. It contemplated the legislature choosing the electors itself or setting up an expedited process.

Q. Okay, but if the state constitution says only the governor can call a special session, how can the legislature call itself into session?

A. When a state legislature exercises a “federal function,” its power comes directly from the U.S. Constitution, and it is not bound by state rules. The judiciary has said this repeatedly. The leading case is the Supreme Court decision in Leser v. Garnett (pdf), written by the celebrated justice, Louis Brandeis.

Q. Of the six contested states, all but Nevada have Republican-controlled legislatures. I’ve heard it suggested that they not choose electors at all. That way, neither Trump nor Biden will have 270 electors (a majority of the whole number of 538), forcing a run-off election in the House of Representatives. Although the Democrats will have a slim majority in the new House, the GOP will hold a majority of state delegations. Since presidential voting in the House is by state, it will elect Trump.

A. The suggestion is unwise. First, state lawmakers would, justifiably, take at least as much political heat for simply punting as for calling a new election or choosing the electors.

Second, the 12th amendment says that only if no presidential candidate receives “a majority of the whole number of Electors appointed” does the election go to the House. If none of the five contested states with Republican legislatures appoints electors, then there will be only 465 “Electors appointed.” If, as is almost certain, Nevada goes for Biden, then that would give him 233 votes—a majority of 465. No House run-off.

If fewer than five Republican legislatures abstain, then Biden will win the remaining states, and with them the Presidency.

Q. So what should state lawmakers do in Arizona, Georgia, Michigan, Nevada, Pennsylvania, and Wisconsin?

A. Ignore the media gaslighting and exercise their constitutional responsibilities. Monitor the state election challenges closely. If no clear winner appears in, say, two more weeks, then either call a snap election using old-fashioned paper ballots in fixed polling locations or, if the governor does not cooperate, call themselves into session and choose the state’s presidential electors. In the latter case, lawmakers can blame it all on the uncooperative governor. Remember that the process has to be complete before the electors meet on December 14.

This column first appeared in the Epoch Times.

Tags: Election 2020, Elections, Electoral College, state legislature

  1. Rob Natelson: In private life, Rob Natelson is a long-time conservative/free market activist, but professionally he is a constitutional scholar whose meticulous studies of the Constitution’s original meaning have been repeatedly cited in U.S. Supreme Court opinions and published or cited by many top law journals (See: https://i2i.org/author/rob/) He co-authored The Origins of the Necessary and Proper Clause (Cambridge University Press) and The Original Constitution (Tenth Amendment Center). He was a law professor for 25 years and taught constitutional law and related courses. He is the Senior Fellow in Constitutional Jurisprudence at Colorado’s Independence Institute.

———————

Elizabeth Morris is the administrator of the ‘Christian Alliance for Indian Child Welfare’ – a national non-profit she and her husband, a member of the Minnesota Chippewa tribe, founded in 2004.  Ms. Morris has been writing, lobbying, and advocating on issues related to federal Indian policy since 1995 and is currently working on her PhD in Public Policy: Social Policy.

Ms. Morris graduated with a Bachelor of Science, Interdisciplinary Studies: Government and Policy, Communication, and Health Science magna cum laude in August 2016 and earned her Master of Arts in Public Policy with Distinction in July 2019.  Her Master Thesis is titled: “The Philosophical Underpinnings and Negative Consequences of the Indian Child Welfare Act.’

Ms. Morris also earned a Bachelor of Arts in Christian Ministries; Associate of Science (Registered Nurse), a Diploma of Bible & Missions, and is the author of the book, ‘Dying in Indian Country.’

7 Acts of Peaceful Civil Disobedience you can do.

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Jan 042021
 

Civil Disobedience is an act of peaceful defiance to the government in order to gain concessions. Civil disobedience is not a disregard for law or a disrespect of law-officers. It is a nonviolent “refusal to obey governmental demands or commands” and is usually done collectively, although not always. Gandhi referred to it as “satyagrahi,” which meant “truth-focused, non-violent non-cooperation.”

Civil Disobedience draws attention to the difference between constitutional ‘rule of law’ and illegitimate power grabs. It is a last resort after properly organized petitions, legal voting, respectful lobbying of officials and other steps have failed. Although it is non-violent and careful not to infringe on the life, liberty or property of others, one must be prepared for possible jail time or other punishment when practicing Civil Disobedience.

With respect to Civil Disobedience, St. Paul urged the Church of Christ living in Rome to “offer your bodies as a living sacrifice, holy and pleasing to God—this is your true and proper worship,” and “Do not conform to the pattern of this world, but be transformed by the renewing of your mind” (Romans 12:1b-2a). He goes on to explain how we are to use our bodies and skills for God’s glory – reflecting his love, service, humility and mercy. But also, to hate what is evil and cling to what is good (Romans 12:9b). In hating evil, he warns, do “not take revenge, my friends, but leave room for God’s wrath . . . Do not be overcome by evil but overcome evil with good.” (Rom. 12: 19 & 21).  In the face of profound and intractable disagreement, Christians are to stand as ambassador’s in chains. While Romans 13 instructs Christians to submit to state authorities, Ephesians 6:10-17 instructs Christians to

10…be strong in the Lord and in his mighty power. 11 Put on the full armor of God, so that you can take your stand against the devil’s schemes. 12 For our struggle is not against flesh and blood, but against the rulers, against the authorities, against the powers of this dark world and against the spiritual forces of evil in the heavenly realms. 13 Therefore put on the full armor of God, so that when the day of evil comes, you may be able to stand your ground, and after you have done everything, to stand. 14 Stand firm then, with the belt of truth buckled around your waist, with the breastplate of righteousness in place, 15 and with your feet fitted with the readiness that comes from the gospel of peace. 16 In addition to all this, take up the shield of faith, with which you can extinguish all the flaming arrows of the evil one. 17 Take the helmet of salvation and the sword of the Spirit, which is the word of God.

Ephesians 6:10-17

The balance is in prayerful, peaceful, Civil Disobedience.

Many of the “protests’ that took place around the nation in 2020, including Minneapolis, Seattle and Portland, as well as in Baltimore in 2015 and Ferguson and St. Louis in 2014, were not examples of Civil Disobedience. They were riots, often ending in criminal vandalism, arson, and theft.

Many of their methods maliciously disregarded the lives, liberties and property of others in their community. They destroyed the shops of struggling, low income neighbors; injured or murdered innocent bystanders and law-enforcement officers, and robbed people of their liberty by preventing them from trans-versing the roadways on their way to work, school; daycare to pick up children; hospitals for medical care, and more.

Despite rhetoric otherwise, those types actions did not bring wide sympathy or popular support to the cause they were touting. While many who were repelled by the violence (as well as increasingly nonsensical policies involving pediatric gender transitions, abortion of full-term children, and other social extremism) did not speak out due to intimidation by the ‘cancel culture’ rooted within the anarchy, their true feelings were evidenced by the push-back at election time – with an increasing number of citizens fleeing the Democratic Party as it seemed to support the lawlessness.

It is now time for citizens to stand up for truth and justice through the use of genuine civil disobedience – while doing nothing that would harm the life, liberty or property of your neighbors.

PASSIVE CIVIL DISOBEDIENCE

Passive Resistance is the determination not to cooperate with government overreach, in particular where there is no rule of law involved. Go on with life as you normally would. Simply refuse to do as expected or listen to new directives.

This can be as simple as refusing to take down political yard signs – (or putting them back up if you have already taken them down). Refuse to concede that a lawful election has been completed. Continue supporting your candidate with a lawn sign.

Refuse to stop working or going to church when ordered. Continue using proper antiseptics in cleaning, social distance if possible, and wear masks if you feel necessary, but knowing that varied doctors and scientists are not in agreement as to the benefit of various public health directives, refuse to allow the government to sabotage your life, liberty and property any longer.

Refuse to accept a vaccine that uses the cells of innocent children. Determine you will not condone government claims that protection of citizens requires the murder of defenseless babies – nor be an accomplice to it.

Refuse to use any pronoun other than the common pronouns of the 20th Century, and apply them as you feel most appropriate. This is not about hurting the feelings of those who want to choose their own pronouns. The reality is that far left activists do not get to dictate grammar. Many doctors believe it actually does a teenager more harm than good to play along with what might be just temporary confusion or rebellion. Politely, calmly, but resolutely, disobey the language authoritarians.

  • English subject pronouns include I, you, he, she, it we, and they. English object pronouns include me, you, him, her, it, us and them. Possessive variants include my, mine, your, yours, his, hers, its, ours and theirs. Toss a “self” on the end of the possessives if you want to be reflexive or intensive. And that is it.

PROACTIVE CIVIL DISOBEDIENCE

Active Civil Disobedience involves setting aside a portion of time for rebellion, knowing it could bring unpleasant repercussions.

Participate in Peaceful marches – While it began as a peaceful and licensed protest – not an act of Civil Disobedience – DC officials have taken steps to make the day there unpleasant. Thus, marchers will be showing up in defiance of public officials. The March to Save America Rally begins at 7am on Wednesday, January 6 at the Ellipse in Washington DC. Find out more at https://trumpmarch.com/

Participate in Peaceful Sit-ins – on Tuesday, January 5th, beginning at 9 am, citizens are called to stage ‘sit-ins’ at the offices of their governors, Attorneys General, and Secretary of State. If you do not live in or near your state capitol, stage a ‘sit-in’ at the closest state office of your US senator or congressman – or at the election office of your local city hall or county courthouse. If you are not allowed in the building, you should gather outside the main doors – peacefully ‘sitting-in’ for justice and liberty, demanding that

  • 1. A genuine investigation of voter fraud be conducted, and
  • 2. Safeguards be enacted to ensure honesty in future elections, and
  • 3. NO stimulus funds be spent on congressional pork or foreign quid-pro-quo. Instead, debt relief for struggling US citizens is needed.

Read more at https://dakotansforhonestyinpolitics.com/2020/12/25/day-of-civil-disobedience-tuesday-january-5th/

Participate by Peacefully chaining oneself to structures – Without damaging the structure in any way, including with permanent paint – and without infringing on the free movement of other citizens.

These are just some examples. There are many ways citizens can peacefully resist illegitimate authorities.

DAY OF CIVIL DISOBEDIENCE, Tuesday, January 5th

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Dec 252020
 

On Tuesday, January 5th, beginning at 9 am, citizens are called to stage ‘sit-ins’ at the offices of their governors, Attorneys General, and Secretary of State.

If you do not live in or near your state capitol, stage a ‘sit-in’ at the closest state office of your US senator or congressman – or at the election office of your local city hall or county courthouse.

If you are not allowed in the building, you should gather outside the main doors – peacefully ‘sitting-in’ for justice and liberty, demanding that

  • 1. A genuine investigation of voter fraud be conducted, and
  • 2. Safeguards be enacted to ensure honesty in future elections, and
  • 3. NO stimulus funds be spent on congressional pork or foreign quid-pro-quo. Instead, debt relief for struggling US citizens is needed.

…[There are several ideas about how debt relief could be handled, but all focus on saving the economy, saving homes, and saving small businesses in our communities – along with a refusal to allow Congress to spend our money on their irrelevant pet projects and pay-offs.]

During this Sit-in,

  • – Homemade signs and banners are encouraged
  • – Violence is forbidden
  • – Vandalism is forbidden
  • – Littering is forbidden

We are NOT Anarchists. We are better than that. We genuinely care about our communities.

Citizens are welcome to arrive and leave throughout the day as needed but ensure a steady presence of citizens remains throughout the day.

Udall Bill is a Fraudulent Voting Booth ‘Fix’

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May 282019
 
tribal leader voter fraud

A bill recently submitted by Senator Tom Udall and Representative Ben Ray Lujan to the two Judiciary Committees makes it much easier for tribal governments to forge the absentee ballots of tribal members

S. 739 and H.R. 1694  – – ‘’Native American Voting Rights Act of 2019’’

– appears to be in reality the ”Tribal Gov’t Right to Steal Votes of Tribal Members Act.’

[ You can find the contact information for your delegation at senate.gov and house.gov. ]

The Reality is, Abuse of Absentee Ballots has Been Occurring for Years. This new bill just makes it easier. The following is one highly documented case that happened as far back as the 1990’s;

In the 1990’s, tribal council’s from White Earth and Leech Lake in Minnesota were convicted in federal court of ballot box stuffing and embezzlement.  Using the absentee ballots of tribal members who no longer lived on the reservation…or, as one sister testified in federal court, were dead…members of these councils ensured they kept their seats.

Highlights from that federal trial, compiled by Feather Eaglerock (Leech Lake, Sat, 8, Jun 1996) from the June 7, 1996 issue of the Native American Press/Ojibwe News] include –

Excerpts of testimony in the White Earth corruption trial:

— White Earth Reservation officials used funds from a public assistance program with a $1.1 million annual budget to compensate Leech Lake and White Earth members who helped them obtain and certify fraudulent ballots in 1990 and 1994

–indicted White Earth election board chair Carley Jasken also directed the assistance program, but despite the federal charges, Jasken will be responsible for overseeing next Tuesday’s balloting.

–Notary Eleanor Craven testied she and a friend, Connie McKenzie, set up an assembly line system to validate the fraudulent votes, with Craven signing as notary and McKenzie stamping the envelopes with Craven’s notary seal. Together, Craven and Peter Pequette certified at least 168 fraudulent votes, according to White Earth election records

–a secretary to the WE tribal council testified that Carly Jasken and other White Earth election officials joined in shredding a list of voters and stuffing the paper into garbage bags in Sept. 1994. Terri Darco, secretary, said Jasken told her that she didn’t care for Dave Barnes, a federal investigator who had obtained a subpoena to collect election records. “She said. . . when you see your friend Dave Barnes, tell him I have the information he wants, all bagged up.”

–Friends and relatives who have examined available voter lists have identified at least 7 ballots cast in the names of deceased relatives, certified as valid by Pequette and Craven on the afternoon of May 25, 1994.

–other testimony revealed such election practices as obtaining signatures from the impoverished Minneapolis clientele at the Catholic Charities Franklin Avenue branch; votes cast for hospitalized and incapacitated members; and absentee ballots in the names of people who actually voted at the polls or had not voted at all

–as part of his agreement with the government, Pequette consented to plead guilty to state charges of misusing his notary seal. But the state has not taken him up on his offer and he remains a notary public.

–Terry LaDuke, Leech Lake employee, received two payments of $400 each from the White Earth general fund in 1994; testified that is was common practice at both Leech Lake and White Earth to gather ballots to be notarized, with or without the voter’s presence.

–Tom Staples, Leech Lake employee, received checks totaling $2,000 in 1994 for among other things, delivering ballots notarized by Henry Harper to the White Earth Election Board in Mahnomen. Government records show another $600 check cashed at the Shooting Star Casino is his name, but Staples said the signature does not match his.

–in an election appeal in Sept 1994, the Minnesota Chippewa Tribe appointed White Earth election board alternate Patricia Keogh and MCT executive director Gray Frazer to review the election, and, despite finding more than 300 invalid ballots, then-chief judge Tammy Stromstad upheld the results.

–questioning Gary Frazer, defense attorneys tried to establish that the BIA and the MCT’s Tribal Executive Committee oversee the elections, “Isn’t it true that the federal government ultimately approves every election of the White Earth Reservation?” Frazer took a long pause before answering that the Bureau does have the authority to intervene. In fact, however, the BIA does not examine election results or monitor the vote, despite more that a decade of complaints of fraud. Similarly, Frazer testified that the TEC does not enforce its election ordinance, leaving the RBCs total control over interpreting the MCT constitution and tribal law. Asked, “How often in your tenure have the members of the tribe been asked to votes on these interpretations?” Without hesitation the MCT administrator answered, ‘none.’

–for six years, Sue Bellefeuille has told anyone who would listen that she personally forged 135 ballots for Rawley in the fall of 1990, at Jasken’s request. Rawley lost a close election to Eugene McArthur, but RBC election judge Richard Tanner ordered a new vote in September. Bellefeuille, then bingo hall manager, testified that Rawley gave her and enrollment book to help verify addresses and birthdates for the votes she cast for relatives Bellefeuille told the Press that she also ran extra bingo games at night to generate unrecorded cash for Rawley’s use

–Clark’s attorney, Peter Mayrand, brought a response from Indian spectators when he asked prosecution witness Eugene McArthur, a White Earth candidate in this year’s election, if he knew anything about the Anishinabe culture. McArthur had previously rebutted the defense argument that voting for relatives was an Anishinabe tradition they referred to as “clan voting”

–Clark’s 82-year-old aunt Stella Oppegard’s testimony brought the biggest reaction from the mostly emotionless councilman. He turned his head away and looked down as she spoke. Oppegard said she was asked by her nephew to be a public notary and later he brought absentee ballots for her to sign. Oppegard was shaking as she entered the witness stand. Sources at White earth say Clark had promised her some money to play bingo. Other notaries who testified say they were offered money in exchange for their services.

–additionally, Wadena and Rawley are accused of accepting bribes of gratuities of $428,682 and $21,500 respectively from Clark to assure that his drywall firm would land a contract to help build the tribe’s Shooting Star Casino in Mahnomen. In questions to witnesses, defense attorneys have suggested that the tribal officials deserved the money because they built a casino that employees about 1,000 people, most of them Indians, on a remote reservation in northwestern Minnesota. They say the officials were operating in the belief that treaties and federal statutes over the years gave the authority to do what they did. Defense lawyers have tried to convince the jury that over-zealous federal investigators singled out Wadena, Rawley and Clark for conduct common among Indian officials.

Complied and published by feather eaglerock, leech lake rez

A few years later, on the Flathead Reservation in Montana, Kicking Horse job corp students reported they were told to sign and hand their absentee ballots over to someone from the tribe to hold for them, not realizing the ballots would be filled out and used in the state and national general election.

[ You can find the contact information for your delegation at senate.gov and house.gov. ]

Highlights of Senator Udall’s 2019 bill, S 739:

(C) certifies that the Indian Tribe will ensure that each such polling place will be open and available to all eligible voters who reside in the …regardless of whether such eligible voters are members of the Indian Tribe or of any other Indian Tribe;

          [NOTE: …or…regardless of whether the person is a non-tribal member???]

(D) requests that the State shall designate election officials and poll workers … or certifies that the Indian Tribe will designate election officials and poll workers to staff such polling places on every day that the polling places will be open.

(e) Mail-In balloting.—In States or political subdivisions that permit absentee or mail-in balloting, the following shall apply with respect to an election for Federal office:

   (1) All postage shall be prepaid by the Federal Government and each ballot postmarked the day the ballot is received at a postal facility located on Indian lands.

   (2) An Indian Tribe may designate a Tribal Government building as a ballot pickup and collection location at no cost to the Indian Tribe. The applicable State or political subdivision shall collect ballots from that location.

          [NOTE… danger of ballots being intercepted and used.]

(3) The State or political subdivision shall provide mail-in and absentee ballots to each registered voter residing on Indian lands in the State or political subdivision without requiring a residential address, a mail-in or absentee ballot request, or an excuse for a mail-in or absentee ballot.

          [I don’t think I need to note the danger here.]

(4) The address of a designated Tribal Government building that is a ballot pickup and collection location under paragraph (2) may serve as the address and mailing address for voters living on Indian lands if the designated Tribal Government building is in the same precinct as that voter. If such designated Tribal Government building is not in the same precinct as the voter, the voter may use the designated Tribal Government building as a mailing address and may separately designate the voter’s appropriate precinct through a description of the voter’s address, as specified in section 9428.4(a)(2) of title 11, Code of Federal Regulations.

          [NOTE… danger of ballots being intercepted and used.]

(3) RULE OF CONSTRUCTION.—Nothing in this section shall be construed to prevent a State or political subdivision from providing additional polling places on Indian lands if no request was made by an Indian Tribe under this section.

          [NOTE: So…if a tribe doesn’t ask for all this… a helpful “progressive” state or county can set it up for them?]

SEC. 7. Tribal preclearance.

(a) Actions requiring preclearance.—No State or political subdivision may carry out any of the following activities unless the requirements of subsection (b) have been met:

    (4) Eliminating in-person voting on the Indian lands of an Indian Tribe by designating an Indian reservation as a permanent absentee voting location, unless—

      (A) the entire State is or becomes a permanent absentee voting State; or

      (B) the Indian Tribe requests such a designation.

             [NOTE: Tribal gov’t can ask for total absentee ballots for their entire membership – and control over everyone’s vote?]

SEC. 8. Tribal voter identification.

(a) Tribal government identification.—If a State or political subdivision requires an individual to present identification for the purposes of voting or registering to vote in an election for Federal office, an identification card issued by a federally recognized Tribal Government, the Bureau of Indian Affairs, the Indian Health Service, or any other Tribal or Federal agency issuing identification cards to Indian voters shall be treated as a valid form of identification for such purposes.

          [NOTE: The wording doesn’t specify type of card.  ie: A state can issue special ID cards for non-driver’s; could a tribal govt issue cards specifically for voting?]

(c) Online registration.—If a State or political subdivision requires an identification card for an individual to register to vote online or to vote online, that State or political subdivision shall consider an identification card as described in subsection (a) to be a valid form of identification for the purpose of registering to vote online or voting online.

    ——————

PLEASE SHARE THIS with people who will contact their Senators and Representatives.  I will also begin informing people, but will not be able to do a tremendous amount because of several projects.

[ You can find the contact information for your delegation at senate.gov and house.gov. ]

VOTER FRAUD on White Earth and Leech Lake Reservations, 1990-1994

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May 242019
 

CHIPPYGATE: 
Tribal Government corruption on the Leach Lake and White earth Reservations of Northern Minnesota 

EXCERPTS from the Ojibwe News/Native American Press

From the Native American Press: June 7, 1996 


Defense overwhelmed by vote fraud evidence in week 4 of Chippygate 
by Greg Blair

The enrollees came from all over the country, many of them full-blood Indians, while some had blonde hair and blue eyes. However, not one of them hesitated when asked by prosecutors if they were eligible to vote in the White Earth reservation’s elections. “Yes,” was the answer jurors heard from nearly one hundred witnesses who testified this week that they were denied the exercise of this right by the fraudulent practices of Darrell “Chip” Wadena’s gang. Some of the witnesses reported that they had never lived on the reservation or voted in tribal elections. One of the witnesses was a doctor, another was a former Twin Cities radio personality, one was a minister and yet others were successful businessmen and women. Some were raising families, others were retired elders and some were also struggling in poverty.

Many said they had left White Earth as young children or older adults. Others said they had voted on the reservation, but not by absentee ballot. Yet others said they had voted once, but prosecutors showed them two sets of signed ballots for verification. Still others insisted that they had never voted in the reservation’s 1994 general election, but that they had voted in other past White Earth elections.

By day’s end, the federal courthouse in St. Paul, Minnesota was resembled a White Earth reunion more than a federal corruption trial. The get-together was even larger than during the reservation’s founder’s day Pow-Wow held in mid-June each year. 
A common sentiment was expressed by one witness, who said after testifying, “That’s the reason my parents left the reservation, there is too much corruption and I guess it’s still going on.”…..


Leech Lake members, residents played key role in White Earth vote conspiracy 
By Jeff Armstrong

White Earth Reservation officials used funds from a public assistance program with a $1.1 million annual budget to compensate Leech Lake and White Earth members who helped them obtain and certify fraudulent ballots in 1990 and 1994, according to testimony in the federal conspiracy trial of White Earth’s top officials.

Indicted White Earth election board chair Carley Jasken also directed the assistance program, but despite the federal charges, Jasken will be responsible for overseeing next Tuesday’s balloting.

Eleanor Craven testified that she and fellow Leech Lake member Leo Gotchie, then a district RBC candidate, were campaigning for absentee votes on May 25, 1994, when they stopped at Peter Peqette’s south Minneapolis home. Craven said Gotchie suggested the stop in hopes of obtaining gas money for their return trip by using her notary seal to validate White Earth ballots. 

Shortly after their arrival at Pequette’s, Craven testified, Jerry Rawley showed up at the residence with an attache case full of “hundreds” of signed absentee ballots in sealed envelopes. Although the Minnesota Chippewa Tribe’s election ordinance requires absentee voters to sign the “affidavit envelope” in the presence of a notary public – who must then verify that the voter actually cast the enclosed ballot – Craven said she and Pequette proceeded to notarize the invalid ballots.

….Craven said Rawley then collected the votes and handed Gotchie an apparent payment. “He gave something to Mr. Gotchie and he said, “here, take care of your notary,”

….Among the “votes” delivered on May 25, 1994 were those of Cheryl Boswell and her brother Neil. Ms. Boswell, like more than three dozen witnesses in a single day, testified that she never voted in the election and that the ballot envelope in her name was a forgery. Boswell also caused a subdued stir in the courtroom when she told the court that she knew her brother’s vote was false because Neil Boswell had died six months prior to the election.

…An employee of Harper’s at Leech Lake maintenance, Terry LaDuke, received two payments of $400 each from the White Earth general fund in 1994. LaDuke testified that it was a common practice at both Leech Lake and White Earth to gather ballots to be notarized, with or without the voter’s presence. 


Money is at the core of court queries 
By Pat Doyle

The question drew a response that startled some in the courtroom: How much money do you make in a year? 
When Darwin McArthur, executive director of the White Earth Band of Chippewa, replied that he made $59,000, a tribal member in the spectator section gasped.

By standards of the White Earth Indian Reservation, McArthur’s salary is extraordinary – but not close to the income of his bosses. 
……Jurors…listened to testimony of how council members tapped tribal accounts to buy themselves vehicles or to pay their taxes.

“If they tell you to issue a check, that’s what you do?” a prosecutor asked McArthur.

“Yes.” he replied.

In 1993 tribal funds provided $240,122 for Chairman Darrell (Chip) Wadena, $209,507 for council member Rick Clark and $187,237 for Secretary-Treasurer Jerry Rawley.

Prosecutors say those figures include tens of thousands of dollars that the officials embezzled from their tribe by creating gambling and fishing commissions that provided them with checks for work they didn’t do. Additionally, Wadena and Rawley are accused of accepting bribes or gratuities if $428, 682 and $21,500 respectively from Clark to assure that his drywall firm would land a contract to help build the tribe’s Shooting Star Casino in Mahnomen.

….In their questions to witnesses, defense attorneys have suggested that tribal officials deserved the money because they built a casino that employs about 1000 people, most of them Indians, on a remote reservation in northwest Minnesota. Moreover, they say the officials were operating in the belief that treaties and federal statutes over the years gave them the authority to do what they did. And defense lawyers have tried to convince the jury that over-zealous federal investigators singled out Wadena, Rawley and Clark for conduct common among Indian officials.

Whatever its outcome, the trial exposes a tribal government operates without checks and balances, in which council members typically avoid scrutiny by their constituents or non-Indians. Council members made decisions about their pay at meetings they routinely held without notifying White Earth members. McArthur said they did so to avoid opposition.


Bill Lawrence was a Red Lake Band Ojibwe member who grew up in Bemidji. A military vet, attorney and journalist, Lawrence was a watchdog of Minnesota’s tribal governments for more than two decades.

Lawrence founded the Ojibwe News in 1988 in response to tribal government corruption. His work helped federal prosecutors go after tribal leaders and other politicians. He had crusaded to open the books of Minnesota’s 11 Indian casinos and his investigative reporting helped send several tribal leaders to prison in the 1990s. Lawrence passed away with cancer at the age of 70 in 2010.