For a long time now, the political leaders in this country have been trying to create a paradigm shift by removing the power from the people to make decisions and placing it nearly exclusively into their own hands. These are abuses of power that have for too long gone unchallenged by an apathetic and resigned citizenry.
The time to act is now, and what better place to start than here in New Hampshire, one of the birthplaces of American liberty.
There is a current example of this forced transfer of power from the governed to the governing right here in our own state. It involves our fundamental right to have our vote counted and to determine how that vote gets counted. Everything that happens in government is derived, either directly or indirectly, from a vote. Destroy its integrity, and all else crumbles. Right now, in Concord, we are on the verge of permanently turning over the control of counting our votes from accountable humans to unaccountable machines.
Dating back to the 2020 election in what became a national news story, New Hampshire voters and candidates running for office have expressed concerns and sought redress over the errors and inconsistencies evident in machine-generated vote counting. Windham, New Hampshire, became the first and only municipality to obtain approval for an audit to be done of their locale’s machine-tabulated results. They were fought every step of the way in their efforts to have a simple thorough analysis of the vote performed, forcing them to eventually obtain special legislative approval just to be allowed to have the audit.
The results of that audit? The machines were, in fact, miscounting ballots. Various citizens’ groups formed for the purpose of challenging the use of voting machines across the state, all of those efforts trying to work within established, codified, and recognized New Hampshire state and local law. At every turn their efforts met resistance not from ordinary voters, but from elected and appointed government officials who did not want to alter the status quo; a status quo that had been found to be deficient when it came to counting votes.
The efforts of concerned activist citizens to give regular everyday citizens the right to decide through plebiscite whether or not votes should be counted by hand (reliable and verifiable) versus machine (erratic and open to manipulation) have met with almost inexplicable and certainly inexcusable challenges over the past three years.
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On February 15, that opposition to the expression of the will of the people launched perhaps its most egregious, and certainly its most irresponsible and even unconstitutional, attack on our liberty with the rushed passage of HB 154 (a grotesque mutation of what started as a 2023 public health ordinance bill in the House, from the Municipal and County Government Committee as a majority vote of OTP (ought to pass) on February 27, 2023, passed the House on March 9, 2023. This bill, if signed into law by the Governor, will codify voting machines permanently into law and will wipe out their “trial basis” status granted under RSA 656:40 back in 2019, without the citizens’ vote. The removal of the temporary status permitted has created waves of concerned citizens to take action to address the many valid and proven concerns related to machine vote tabulation.
If legislation were an asteroid, this would be called a global movement killer.
Let me be crystal clear about what has just happened:
House Bill 154 (originally a public health ordinance bill which would allow only a Select Board to pass public health ordinances at an annual or special meeting), that was presented to and passed the legislative body on March 9, 2023, then crossed over to the Senate and had a public hearing on October 31, 2023. It then was approved by the Senate on December 23, 2023, has suddenly been completely changed and became an Election Bill with an effective (backdate) of February 1. This change is updating RSA:656:40 to eliminate the language “on a trial basis” and then giving the politicians, not the citizen voters, the right to rescind the use of electronic ballot-counting machines.
If you follow this link, HB154 shows up in the October 19 publication of the Senate hearing calendar:
It is worth noting that the legislator behind the sponsoring of this legislation, Juliet Harvey-Bolia(Belknap-3), is also employed in the digital voting industry by Democracy Live. As comedian George Carlin famously said, “It’s a big club, and you ain’t in it!”
There are laws, there are procedural rules, and then there are simple matters of fair play that indicate that what happened in Concord on Thursday past is just plain wrong, no matter your point of view. A 1984 NH Supreme Court case, Norton v. Patton, provides a fairly solid set of limitations on what are called “retrospective laws”; those that take effect prior to the law’s passage. The Supreme Court had good ground upon which to stand in regard to condemning retrospective laws, considering that they are all but prohibited in our State Constitution!
[Art.] 23. [Retrospective Laws Prohibited.] Retrospective laws are highly injurious, oppressive, and unjust. No such laws, therefore, should be made, either for the decision of civil causes, or the punishment of offenses.
Only the word “should” provides them the wiggle room in which they can ignore intent and hang by their legislating fingernails on a technicality.
We also know that our U.S. Constitution prohibits ex post facto criminal laws. Clearly, the “spirit of the law” at all levels is to not vaporize the hard work of honest citizens that has been undertaken legally and within the rules over a period of several years by passing time-traveling legislation. Yet, by selecting the effective date of February 1st for this legislation passed on the 15th, the House has done just that.
Earlier this month, in the wake of more machine irregularities in the January primary, citizen groups, acting in good faith, had been circulating and submitting petitions, utilizing the provision of warrant articles, to 25 various municipalities that would compel votes on voting machine removal. Those petitions faced a statutory deadline of February 6thfor submission (a side note: some municipalities were so offended at the idea of their citizens taking action that they decided to surreptitiously close their offices on the 6th, thereby advancing the due date for petitions by a full day). This new legislation invalidates hundreds upon hundreds of hours of volunteer efforts.
As if the ignoring of precedent in this case by the House isn’t bad enough, they have also egregiously violated their own generally accepted “rules of the road” with their action. Mason’s Manual(dating to 1935) is the recommended procedural “rulebook” for state legislatures and has been accepted by New Hampshire for decades. In that manual’s chapter 2, section 7, paragraph 1, it states: “The constitutions stand on a higher plane than statute and, as a rule, are mandatory.” It has been demonstrated above that the Constitution should invalidate the retrospective feature of this Bill. That, however, is not the only procedural problem the House has.
Section 112 of Mason’s Manual states that neither the House nor the Senate are to “legislate, debate, or discuss a matter awaiting adjudication before a judicial tribunal.” There is a current case regarding this exact voting machine issue in the NH Supreme Court awaiting a ruling, Dan Richard v. Sununu et. al., In New Hampshire today, our elected officials cite their own rules as the Devils might cite Scripture, and, like the Devil, their purposes are clear: To replace the will of the people to govern with their own self-will to rule.
To make matters worse, our Secretary of State, David Scanlon, the man in the office charged with ensuring election integrity, has fought efforts of citizens trying to have a say every step of the way. He began his opposition when citizens made their first attempt, through the use of warrant articles, to have the matter of machine vote counting placed before various municipalities’ voters back in 2022. He did so by misinforming every NH town clerk that the hundreds of qualified citizen signatures submitted to those clerks were invalid because they were submitted electronically. Scanlon then created the Special Committee on Voter Confidence (Dec. 2022), which resulted in 14 key recommendations being made but not implemented (save for one: rolling out a new version of the same fallible vote counting machines, supplied by essentially the same company Dominion).
Scanlon has also expressed his support for making the vote counting machines a permanent fixture in New Hampshire elections.
For anyone who mistakenly thinks that vote counting machines and their attendant problems are the stuff of long-disproven conspiracy theories, I assure you they are not. The only conspiracy around this issue isn’t a theory. It is a fact, one that had our legislators pass a Bill while we weren’t looking. Don’t take my word. Look at the results of what came from the Windham audit. It was determined that up to 28 percent of ballots were misread or rejected due to either folds in the ballots or the machine not properly reading the coloring-in of the voter’s choice.
The much-maligned company Dominion, the focus of so many 2020 election assertions of impropriety, has, through acquisition, taken control of New Hampshire voting machines. Our Premier brand of election machines, originally owned by highly-respected Diebold, was purchased by Dominion in 2019. While local company LHS Associates might be involved in managing election systems, the actual software is owned by Dominion.
Is this something we want? Is this something you want? Would you like to have a chance to vote on it?
Well, I’m sorry to tell you that your right to vote on how you vote is about to be taken from you with the stroke of a governor’s pen.
You might want to believe your rights are being protected by those who have taken an oath to do so. But if you are reading this over your morning coffee or from your phone at work, and you have made it this far, you might be starting to wonder if that’s really true. If you are still reading this, it means you like to be informed and perhaps even LIKE TO THINK that your thoughts as a citizen matter. Your vote is your most fundamental expression of your public thoughts. Sadly, I must inform you that your vote may or may not have counted in the past elections, and the power of your vote as an NH citizen has most certainly been compromised going forward by this latest move to ensure your vote cannot be hand-counted if it is questioned.
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As citizen activists, our cause to this point has been simple: We want to give the people of New Hampshire the right to choose how their vote is counted. If there is any basic issue in a free society that should be subject to a popular vote it is the very idea of how we are to vote! There has been nothing that has been fringe or radical about our movement, but New Hampshire voters need to wake up and realize that there is something quite radical in the response of our elected and appointed leaders. They are committing a sort of reverse revolution-standing Thomas Paine’s Common Sense on its head by displaying a lack of such sense.
Paine wrote a pamphlet that triggered a revolution, one that led to the forcible overthrow of a tyrant. We needn’t use that kind of force for a revolution here in New Hampshire. All we need to do is wake up, stand up, speak up, and act using the tools available to us as citizens that Paine’s revolution ultimately placed into our hands. We have been derelict, and our political leaders have exploited that dereliction. Sloth as an individual is a personal sin. Sloth as a citizen is ruinous to all.
The Commonwealth of Massachusetts has a nearly IDENTICAL Constitution to NH. The Founders intended for the votes to be hand counted, as acknowledged by the legislature in neighboring Massachusetts. They crafted a Constitutional Amendment Concurrent Resolution (CACR) outlining the use of electronic voting equipment that went onto ballots for the people who voted for a Constitutional Amendment. That is what needs to happen in NH. Don’t let them steal your self-governance.
It’s time to write a letter, send an email, make a phone call, join a protest, do something! HB 154 is not constitutional. A motion has been made to reconsider the vote to Concur with the Senate amendment for Thursday, February 22. I implore you to put your coffee down, and immediately email, call, and post on social platforms demanding your Reps vote YES to reconsider, then NO on the Concur motion and then YES on the motion to send to a Committee of Conference. We are not too late to try to preserve what’s left of our liberty. Paine wrote, “The sun never shined on a cause of greater worth.” Our cause today is returning to a hand count of ballots. Every legal vote should count. Every legal vote MUST count!
The post One Thing You Can’t Count On: Your NH Vote Being Counted appeared first on Granite Grok.