Official Request for Independent Investigation/Truth and Reconciliation Process
dsumneri...@gmail.com
Posted by Deborah Sumner, March 27. As of today, I have received no response.
March 18, 2024
TO: jeb.b...@leg.state.nh.us, sherman...@leg.state.nh.us, Donna Soucy <donna...@leg.state.nh.us>, Matt.W...@leg.state.nh.us
Copies: their assistants, Jaffrey reps and state senator
Dear Legislative leaders,
I first became aware of problems with our country’s election system after the 2000 Presidential
election, particularly in FL
NH could have learned from that and put protections in place to make sure that never could happen
in NH. But unfortunately, people in political power and influence have chosen to make us MORE
like Florida. That state is known by long-time voting rights advocates as “the state votes go to die.”
I no longer believe that my vote counts or that either my state or town cares about protecting voting
rights.
There is a constitutional hierarchy of rights, state and federal, that includes right to freedom (as in
free and fair elections, pt. 1, art. 11) and self-governance.
Our right to a publicly observable vote count (pt 1, art. 8, pt. 2 art. 32) was stolen from us without
our knowledge, from Jaffrey voters beginning in 2004. Although some Jaffrey voters have willingly chosen to give up that right, I have not given up mine.
No law, no state government can prohibit the public from self-governance by transferring control
over essential election information to government insiders and private vendors.
NH and FL are among those states that have chosen to be on the wrong side of history.
However, we can be the leader that other wrong-headed states can choose to follow and join those
who are on the right side of history. That will require courage on your part and support from most
of your colleagues.
I believe most of the public, in NH and nationwide, will support you, regardless of political party preference.
My previous requests of legislative leaders for an independent investigation based on what I have documented and “found” since 2010 have been ignored. I request it again now.
I have shown the AG is against voters BECAUSE he is the personal attorney for the Secretary of
State, and protects and enables him. If legal action was taken against the SoS, the AG would defend
him. Current law requires him to protect and defend individuals in that office, NOT the public, NOT voters. He cannot serve two masters and has chosen to serve the Secretary of State.
Since voters, candidates, elected moderators and voting rights advocates have all been harmed by the state’s negligence and an increasing amount of evidence of criminal intent involving certain
individuals, we are entitled to a restorative justice remedy, already codified in NH law (see RSAs
under Chapter 21) for survivors of abuse.
A truth and reconciliation process can be based on the finding of that investigation and require that the perpetrators of this long -standing abuse (involving state and local actors) to receive immunity from civil and/or criminal prosecution in exchange for their resignations, loss of NH voting rights (RSA 666:3 Official Misconduct) and a written agreement they will not serve in an appointed or elected position of public trust or lobbyist anywhere. A breach of that contract can be enforced by any citizen who becomes aware of it with all legal fees reimbursed by the individuals who have violated that contractual agreement. It would be good to establish a fund for that purpose and explore the possibility for using federal HAVA money for that purpose.
If $1 million of it could be used to build the current archives building (okayed by the legislature in 2003 without pre-authorization from the federal government), certainly empowering us abuse survivors to protect our elections and prevent harm to others would qualify.
I request that EACH of you or your assistant let me know you have received this. If I don’t get a response by March 22, I will ask my reps and senator to follow up to get that response from you and share this request with citizens.
BTW, I have found numerous examples of Scanlan (SoS) and Fitch (then with the AG’s office, now an assistant Secretary of State) writing legislation, which violates the separation of powers and state law. According to my extensive research, that has become “normalized” since at least 2003. Sen. Gray has been a willing collaborator in sponsoring the Secretary of State’s bills and his suggested amendments.
RSA15:5 https://www.gencourt.state.nh.us/rsa/html/I/15/15-5.htm
RSA 15:5 Prohibited Activities. –
I. Except as provided in paragraph II, no recipient of a grant or appropriation of state funds may use the state funds to lobby or attempt to influence legislation, participate in political activity, or contribute funds to any entity engaged in these activities.
II. Any recipient of a grant or appropriation of state funds that wishes to engage in any of the activities prohibited in paragraph I, or contribute funds to any entity engaged in these activities, shall segregate the state funds in such a manner that such funds are physically and financially separate from any non-state funds that may be used for any of these purposes. Mere bookkeeping separation of the state funds from other moneys shall not be sufficient.
Source. 2006, 21:7, eff. June 2, 2006.
If you are willing to consider doing this, I would agree not to share it with anyone else at this time. Call if you want to talk.
You are free to share this with whomever you choose.
Thank you.
PS Below is my latest communication with the AG’s office where he chose NOT to answer a yes
or no question. In my response of March 16 (now shared with citizens) I said: " I will warn the
USDOJ that, from this response, it appears the NH Attorney General is not planning on enforcing
the federal requirement for the 2024 elections and that I am waiting to see if he enforces the state requirement, which may have already been violated.”
Digital scanners don’t count the original hand-marked paper ballot. They count the picture of that ballot that it makes as the ballot is scanned into the machine – thus making it a public record that is in the chain of custody as defined in federal law.
Ballot images can be tampered with by nefarious actors, including election insiders, which makes one more security risk local officials are responsible for protecting against and PROVING to us voters their plan works.
HB 154 doesn’t include any language to tell them protecting against this and all other cybersecurity risks are local election officials’ legal and financial responsibility. It should.
Lawsuits and July 28, 2021 clarification from USDOJ that ballot images need to be retained for 22 months for federal elections as well as their paper counterparts. “The materials covered by Section 301 extend beyond `papers` to include other `records.’ Jurisdictions must therefore also retain and preserve records created in digital or electronic form.” 52 U.S.C. § 20701
https://www.justice.gov/opa/press-release/file/1417796/download
Amend RSA 91-A:5
XIV. Ballot images and cast vote records shall be retained as RSA 33-A:3a XXXVII and XXXVII require for paper ballots and in compliance with RSA 91-A:4.
On Mar 15, 2024, at 4:58 PM, Conley, Matthew <MATTHEW....@DOJ.NH.GOV> wrote:Good afternoon Ms. Sumner,Thank you for your outreach. The New Hampshire Secretary of State has issued guidance regarding the storage and retention of election records in compliance with federal law. Please see page 440 of the New Hampshire Election Procedure Manual.As for your suggestions on legislative language, you may direct those materials to your elected representatives for consideration.Matthew G. ConleyAssistant Attorney GeneralAttorney General’s Office1 Granite PlaceConcord, NH 03301-6397Phone: (603) 271-6765
From: Deborah Sumner <dsu...@myfairpoint.net>Subject: Re: Question about NH compliance with federal law/HB 154Date: March 16, 2024 at 3:49:13 AM EDTTo: "Conley, Matthew" <MATTHEW....@DOJ.NH.GOV>Cc: DOJ-Election Law <elect...@doj.nh.gov>, "DOJ: Attorney General" <attorne...@doj.nh.gov>, "O'Donnell, Brendan" <Brendan.A...@doj.nh.gov>, "rgb...@comcast.net" <rgb...@comcast.net>, "Jessic...@leg.state.nh.us" <Jessic...@leg.state.nh.us>, "Aidan.A...@leg.state.nh.us" <Aidan.A...@leg.state.nh.us>, "Luz...@leg.state.nh.us" <Luz...@leg.state.nh.us>, "Angela....@leg.state.nh.us" <Angela....@leg.state.nh.us>, "Claudine...@leg.state.nh.us" <Claudine...@leg.state.nh.us>, "joan.h...@leg.state.nh.us" <joan.h...@leg.state.nh.us>, Heidi Hamer <Heidi...@leg.state.nh.us>, "Heath....@leg.state.nh.us" <Heath....@leg.state.nh.us>, Katelyn Kuttab <Katelyn...@leg.state.nh.us>, Connie Lane <Conni...@leg.state.nh.us>, "Russell....@leg.state.nh.us" <Russell....@leg.state.nh.us>, "Ja...@osborne4nh.com" <Ja...@Osborne4NH.com>, Katherine Prudhomme Obrien <k...@leg.state.nh.us>, Jim Qualey <Jim.Q...@leg.state.nh.us>, "hal.r...@leg.state.nh.us" <hal.r...@leg.state.nh.us>, Gerry Ward <ward4s...@gmail.com>, Robert Wherry <Robert...@leg.state.nh.us>, "Clayto...@leg.state.nh.us" <Clayto...@leg.state.nh.us>, Donna Soucy <donna...@leg.state.nh.us>, Rebecca Perkins Kwoka <Rebecca.Pe...@leg.state.nh.us>, Keith Murphy <Keith....@leg.state.nh.us>, Daryl Abbas <Daryl...@leg.state.nh.us>Mr. Conley,
I know what election records retention law requires. I am asking you to enforce the law and make sure it is clear to everyone that ballot images and cast vote records need to be retained for 22 months for federal and 60 days for elections that don’t include a federal contest.
My understanding is that the Secretary of State wrote the language for this bill but neglected to make any reference to that retention requirement. Legislators in election law and others who passed this may not be aware that ballot images need to be retained for the same period as ballots. The governor SHOULD know. Does he?
Both you and the Secretary of State ARE aware and need to make that clear to both legislators and local election officials. My understanding is that a number of communities used Voting Works and a few MAY have used Dominion for the 2024 municipal elections. The SoS will have that information.
1. I ask that you require the SoS to ask legislators (who may NOT know about the retention requirements for ballot images and cast vote records) to include that specifically in legislation.2. I ask you to investigate whether local officials using the new computers for 2024 municipal elections have retained these records according to RSA 33-a.3. I also ask you to investigate whether the Secretary of State retained ballot images for the 22 month retention period for alleged “post-election audits” he performed using a high speed scanner. It is possible that he has already violated the retention policy under both federal and state law.I refer to RSA 666:3, 666:8, 7:6-c and 92:2 to remind you of your responsibilities under our constitution and laws and consequences for choosing to neglect them. I will warn the USDOJ that, from this response, it appears the NH Attorney General is not planning on enforcing the federal requirement for the 2024 elections and that I am waiting to see if he enforces the state requirement, which may have already been violated.
Certainly, any legislator receiving this may choose to codify specific language re: retention of ballot images and cast vote records and can directly communicate with you or me that they will do that. However, both the federal and local requirements may have already been violated and penalties need to be enforced.
I ask you to investigate whether the Secretary of State (3 above) and local officials (2 above) retained the images and cast vote records from municipal elections as RSA 33-a requires and to take appropriate action if they did not.
Please let me know you received this request.
Thank you
Deborah Sumner474B Great Rd.Jaffrey, NH 03452