Friday, August 17, 2012


IT HIT ME WHILE WORKING ON THE LEGISLATIVE CHANGES

How to get to a possible easy criminal complaint. While working on the legislative changes I am proposing it hit me. If I were standing in the voting booth and a campaign worker came up to me and said, "we are going with so and so." That would be a crime.

In the criminal case I defended in Dallas and won, I had a hard time with the state defining the home as a voting place. It's too broad of a definition. But I do not have a problem with the state defining as illegal campaigning for a candidate while the politiquera is helping a voter complete a ballot.

I believe this is solid, and based on my private conversations with the Texas AG who would prosecute the case the AG would take the case.

SO WHAT NEEDS TO BE DONE

I do not care whose side you are on.  You need to get an affidavit from the voter, that while they were completing their ballot, a politiquera told them how to vote.  You then need to prove that that politiquera was working for a specific campaign.  Okay guys, now go get the evidence and give it to Roger Ortiz so he can give it to the AG and SOS.

MY LEGISLATIVE REFORM

[1] The law must be changed to bar all campaigning on the premises of senior centers starting 3 days before the mail ballots are received, and then 3 days after. The same rule should be imposed again 3 days before early voting, through election day. The United States Supreme Court in Citizens United upheld limit pre-election restrictions on campaigns.
JUSTIFICATION: Cameron County has a long history of campaign workers stealing mail ballots or illegally filling them in for senior citizens who are easily manipulated. Similar allegations have been made in Dallas County in the case of Carlos Medrano. In that case Carlos Medrano was convicted by the Texas AG and removed from office.
EVIDENCE: See attached disc of the trial of Ruben Pe a v. Ernie Hernandez. Begin at page 73 of part one for testimony of the voters and evidence of fraud with mail ballots.

http://www.docstoc.com/docs/42131804/ElectionFraud-Penatrial-Part1

http://www.docstoc.com/docs/42132051/ElectionFraudPenaTrialPart2
[2] The law must be changed to bar campaign workers or anyone paid by campaign workers or promised favors in the future to assist in the completing of mail ballots. The fact they are part of the campaign in effect puts them into a position of campaigning . Personally, I think this is already a crime of politicking at a polling place.
JUSTIFICATION: Cameron County has a long history of campaign workers stealing mail ballots or illegally filling them in for senior citizens who are easily manipulated. Similar allegations have been made in Dallas County in the case of Carlos Medrano. In that case Carlos Medrano was convicted by the Texas AG and removed from office.
EVIDENCE: See attached disc of the trial of Ruben Pe a v. Ernie Hernandez. Begin at page 73 of part one for testimony of the voters and evidence of fraud with mail ballots.

http://www.docstoc.com/docs/42131804/ElectionFraud-Penatrial-Part1

http://www.docstoc.com/docs/42132051/ElectionFraudPenaTrialPart2
[3] If the law is not already clear, it must be clarified that it is a crime to transport voters in any van with campaign material in the van or on the van. It must be made clear that prior to entering the van campaign workers may not provide the voters with campaign material. Further, with a 3 day bar of campaigning at these centers before the mail ballots go out, no campaign should be handing out any campaign material period by the time of early voting.
JUSTIFICATION: The law already recognizes you cannot campaign within 100 feet of the polling place. No one disputes these vans can become polling places once they arrive at the polling center.
EVIDENCE: I think the evidence is self evident, but it will be for the Elections office to verify that in fact the vans end up being voting booths.

Roger Ortiz will be delivering my ideas to the proper people while in Austin next week.  I have asked Judge Cascos to provide them to Governor Perry's office.

THE TRANSCRIPT OF THE PENA/HERNANDEZ TRIAL IS NOW IN HANDS OF ROGER ORTIZ AND JUDGE CASCOS

Roger Ortiz has agreed to forward the transcript to the SOS and AG. He knows the voter testimony begins on page 73. Question?  For 2 years why is it Ruben Peña could not figure out how to do this? Yes, it is Roger Ortiz's fault Ruben never acted.

No comments: