RESOLUTION NO. 24-151
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN CLEMENTE, CALIFORNIA, AFFIRMING VOTING INTEGRITY FOR ELECTIONS WHEREAS, it is a recognized civil right in the United States for every citizen to have free and fair elections. “And the right of suffrage can be denied by a debasement or dilution of the weight of a citizen’s vote just as effectively as by wholly prohibiting the free exercise of the franchise.” (Reynolds v. Sims, 377 U.S 533 (1964).) WHEREAS, it is the duty of our election officials to guarantee our elections are accurate and free from distortion or manipulation. “Congress seeks…to guard the election of members of Congress against any possible unfairness by compelling…everyone concerned in holding the election to a strict and scrupulous observance of every duty devolved upon him while so engaged…The evil intent consists in disobedience to the law.” (In Re Coy, 127 U.S 731 (1888).) WHEREAS, our constitutional system of representative government only works when the following four tenets of an election are upheld:
The voter rolls must be accurate (National Voter Registration Act, 1993).
Votes counted must be from eligible voters (US Constitution, Fourteenth Amendment, Section two).
The number of votes counted must equal the number of voters who voted.
There can be no more than one in 125,000 ballots in error by the voting system (Help America Vote Act, 2002).
WHEREAS, an open-source audit of the California 2022 General Election conducted by California citizens has uncovered evidence of massive inaccuracies that appear to violate both federal and state laws, including:
5,886,198 ineligible or uncertain registration violations found within the California state voter roll database. 2,776,939 votes cast by ineligible or uncertain registrants. 123,785 more votes counted than voters who voted. No one knows who cast them. 2,776,849 apparent voting violations in excess of the legal standard of system accuracy for a valid federal election. Maximum allowable system errors for the 2022 general election in California was 90.
Certification as defined by law, an attestation of accuracy and compliance, appears to have been fraudulent and illegal.
WHEREAS, these findings trample legal accuracy requirements of the voting system during a Federal Election. Accuracy is defined as the ability of the system to capture and report the specific selections, and absence of selections, made by a voter without error.
WHEREAS, the intent of the voters must be known factually before certification can be lawfully conducted. Certification of an election that varies from the law is an abridgement of the civil rights of the citizens, a fraud ab initio. (United States v. Throckmorton, 98 U.S. 61 (1878)). “From time immemorial, an election to public office has been, in point of substance, no more and no less that the expression by qualified electors of their choice of candidates.” (United States v. Classic, 313 U.S 299 (1941)).
WHEREAS, California’s 2022 General Election appears to have been invalid, depriving us of the guaranteed protection of our natural rights under a government of duly and provably chosen by us, the American people, resulting in incalculable damage to our families, our way of life, and the fabric of these United States.
THEREFORE, We call upon our Representatives to provide relief to the people, and the assurance of domestic tranquility, by joining us in demanding a VALID 2024 General Election that upholds these existing laws, and equitable principles of law as follows:
Proof of citizenship, identity and eligibility to register and vote, not anonymous attestation.
Voter rolls certifies accurate and available for public review and challenge 30 days before the start of early voting. Voters added after that date must bring proof of citizenship, identity and address in person to a qualifies official at each polling place.
Hand-marked, secure ballots similar to currency. Where imaging technology is used for tabulation, the security features must be verifiable in the ballot image.
Systems, machines, security measures, infrastructure and conduct are required to be compliant with federal law for fraud prevention regarding risk assessment, certification, testing, and implementation.
Adjudication must be signed-off by party, candidate, and trained citizen witnesses after being given full and effective observation rights. Candidates and trained citizens must be allowed immediate access to ballots, ballot images and CVRs.
Ballots, regardless of entry source, election operations, and systems must maintain end-to-end chain of custody from voter to vote county to final canvass, including auditability and witness transfer with paper records.
A NIST-compliant, randomized, statistically valid end-to-end audit, with a 95% confidence level, of all elections pursuant to the 14th Amendment, Section 2 must be performed. These audits are to be conducted by qualified, insured and bonded security, forensics or financial auditors, not personnel from within the election system. Reconciliation will include the vote count, real physical ballots, adjudication, CVRs, ballot count, qualified voter count, custody transfer, and all other paper and electronic election systems, including logs.
If the total of all unique variances above is more than 10% of the margin of victory, a new election must be held in the state for those candidates affected, unless the issues can be provably corrected by a manual hand recount and a full review of records.
Waiver of requirements is not allowed. Only end-to-end system compliance, from registration through certification, can guarantee the intent of the people is accurately recorded.
NOW, THEREFORE, the City Council of the City of San Clemente does stand in support with the concerns and remedies presented here. We implore the Orange County Board of Supervisors, California Legislature, Federal Legislators, Law Enforcement, Federal and State Prosecutors, Judges, and both California Secretary of State and County Registrars of Voters to cooperate and fulfill these firm requests of the people.
PASSED AND ADOPTED this _____ day of ____________________, _______.
ATTEST:
___________________________ __________________________
City Clerk of the City of Mayor of the City of San
San Clemente, California Clemente, California
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) §
CITY OF SAN CLEMENTE )
I, LAURA CAMPAGNOLO, City Clerk of the City of San Clemente, California, do hereby certify that Resolution No. 24-151 was adopted at a regular meeting of the City Council of the City of San Clemente held on the _______ day of _______________________, _________, by the following vote:
AYES:
NOES:
ABSENT:
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of San Clemente, California, this _____ day of _________________, ________. __________________________
CITY CLERK of the City of
San Clemente, California
Approved as to form:
___________________________
Elizabeth A. Mitchell, City Attorney
Resolution No. 24-151 Page 2