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Member since: Thu Jul 29, 2004, 03:51 PM
Number of posts: 458

Journal Archives

10/22/15 Secretary of State Dismissed from Voting Machine Lawsuit -- two articles


Thursday, October 22nd, 2015, by Associated Press

WICHITA, Kan. (AP) — The top election official in Kansas was dismissed as a defendant from the lawsuit filed by a Wichita mathematician seeking voting machine tapes after finding statistical anomalies in election counts. Kansas Secretary of State Kris Kobach said in a statement Thursday he was pleased but not surprised. The move leaves Sedgwick County Elections Commissioner Tabitha Lehman, whose office actually has the tapes, as the only defendant in the case. Wichita State University statistician Beth Clarkson wants the tapes to do a statistical model by checking the error rate on electronic voting machines used at a Sedgwick County voting station during the November 2014 general election. Kobach says the law is clear regarding auditing procedures and contends he should have never been a party to the lawsuit in the first place.

link to second article:

Kobach dismissed from statistician’s lawsuit
By Zoe Brown Published: October 22, 2015

TOPEKA (KSNT) — Kansas Secretary of State Kris Kobach has been officially dismissed from a lawsuit filed by Wichita statistician Elizabeth Clarkson.

Clarkson was requesting access to ballots in order to audit election results.

A release from Kobach’s office says he was pleased, but not surprised, with the dismissal. Kobach stated, “The letter of the law is clear regarding the auditing procedures of election ballots; we were dismissed as a party to this lawsuit because we should have never been a party in the first place.” He said the Secretary of State’s Office did not have custody of the ballots and did not have the authority to direct others to give Clarkson access.

Kobach also believes that, if the courts interpret the ballot custody statutes correctly, Clarkson’s access to the ballots will be denied again.


Kobach believes that "if the courts interpret the ballot custody statutes correctly, Clarkson's access to the ballots will be denied again."

His arrogance is breathtaking.

Kansas judge sets trial date for lawsuit over voting machines

from Beth Clarkson's newsletter:

Discovery Hearing October 19th, 2015

Judge Douglas Roth held the discovery hearing at 11:00 this morning. This was a short and somewhat informal hearing.
Kris Kobach was officially dropped as a defendant and had no representation present for that reason.

The following dates were agreed to:

Discovery Cut-off: Dec. 31, 2015
Pre-trial Conference: Jan 14, 2016, 1:30 pm
Dispositive Motion Deadline: Jan 27, 2016
Bench Trial Mar 22, 2016 9:00 am

Afterward, my attorney and I were interviewed immediately afterwards for KSN news. http://ksnt.com/2015/10/19/voting-machine-lawsuit-moves-ahead/

Judge Sets March Bench Trial in Lawsuit over Voting Machines

Source: kansaspublicradio.org

WICHITA, Kan. (AP) — The lawsuit filed by a Wichita mathematician seeking voting machine tapes after finding statistical anomalies in election counts is set to go to trial early next year. A scheduling order issued Monday sets a one-day bench trial for March 22 to hear the open records case brought by Wichita State University statistician Beth Clarkson. Sedgwick County Judge Douglas Roth also set deadlines for motions and scheduled a January 14 pretrial conference. Clarkson wants the tapes to do a statistical model by checking the error rate on electronic voting machines used at a Sedgwick County voting station during the November 2014 general election. Top election officials for Kansas and Sedgwick County want the court to block the release of tapes, arguing they are not subject to the open records act.

Read more: http://kansaspublicradio.org/kpr-news/headlines-monday-october-19-2015

Glad to see this!

Kansas mathematician Beth Clarkson's Show Me the Votes Foundation opens

from Beth Clarkson's 10/14/15 newsletter:

Show Me The Votes Foundation is open.

I've now got a non-profit foundation set up to take donations together with a gofundme site. https://www.gofundme.com/showmethevotes

I appreciate all the correspondence and interest I've generated with my quest for data here in Wichita. With your help to handle the inevitable legal expenses, I know I'll succeed.

Many Thanks to Paul Klusman, a master of the art of Internet Cat Videos, for being kind enough to put together the video. I also want to thank Eileen Jones for setting up the site. I don't know when I've have managed that.

Dr. Bob Scott, retired WSU prof and independent businessman and Denney Clements, http://www.amazon.com/Bleeding-Kansas-2-0-Denney-Clements-ebook/dp/B00MJDCJK0/ref=sr_1_1_twi_kin_1?ie=UTF8&qid=1444870503&sr=8-1&keywords=Denney+Clements semi-retired writer and editor have agreed to serve on my board of directors for the Show Me The Votes Foundation. In addition to covering expenses, I hope to have enough donations to be able to arrange to pay my employer for my time spent on this going forward. Bob and Denney will make sure the money goes towards this project and not to my bank account.

Beth Clarkson


Looking forward to tomorrow, date of the discovery hearing!

10/1/15 Salina Journal editorial "Voting for the truth in Kansas"

From the editorial by Steve Haynes, president and publisher, Nor’West Newspapers, Oberlin:

"It’s hard to understand why state officials, especially Secretary of State Kris Kobach, who worries so much about voter fraud, are making it so difficult for a Wichita State University researcher to check the accuracy of Kansas voting machines.

Statistician Beth Clarkson says voting results seem to show a pattern, an “anomaly,” that could indicate the results are not accurate or have been manipulated. She wants to audit the results, and so far has filed two lawsuits to get access to voting records.

Maybe she’s wrong. Maybe there’s nothing to worry about. But when a legitimate expert says there could be a problem with votes being manipulated, don’t voters deserve a full-scale check?

So far, Kobach and county election officials have stonewalled Ms. Clarkson, saying two state laws make it illegal to give her what she wants."

More at the link:

Looking forward to the Oct. 19th discovery hearing that's coming up.

9/21/15 Update -- Kansas mathematician Beth Clarkson has a lawyer and a discovery hearing

link to her newsletter:

from her post:

I have a lawyer and a discovery hearing!

I was able to discuss my case with several lawyers over the past few months. My thanks to everyone who has offered their support. Randy Rathbun of Depew Gillen Rathbun & McInteer, LC, http://www.depewgillen.com/ offered his services pro bono. He had a number of admirable qualities, but the one most important to me was his attitude that my goal of getting access to those records was attainable. He’s also a local attorney and a fellow Sedgwick County voter.

I was able to speak with the Sedgwick County Courthouse regarding scheduling of a discovery hearing. It's to be at 1:00 October 19th. My understanding is that this is a short (~15 min) hearing to determine the amount of time needed to schedule a trial. I don't know more than that, but I'm grateful to have legal counsel arranged before this occurs.
I'm scheduled to be on the Radio Sunday, Sept. 27th.

"Keep Hope Alive Radio Show with Jesse Jackson"

9/2/15 Update on Beth Clarkson's Kansas voting records lawsuit

From her newsletter:

Showing the votes is too much trouble

It's unnecessarily burdensome to the defendent

That's from Paragraph 17 in Lehman's response is asking the judge to refuse my request to gain access to R.T.A.L. voting records. There's more, but that seems the closest to a legitimate reason to me in her 8 page response. An audit is ALWAYS a great deal of trouble and work. I can understand that. It's just not a sufficient reason IMO and I hope a judge will feel similarly.

Legal aid is forthcoming.

A bit of good news. I've talked with two different lawyers this week willing to assist me. Both of them have an attitude that this case can and should be won. I'm to expect a notice of a discovery hearing sometime in the next week, scheduled for sometime in the next month. I'm grateful that I won't have to go to it alone.

No newsletters for the next three weeks.

I don't expect anything further to happen until the discovery hearing. In addition, I have professional and personal priorities that I have to deal with over the course of the next three weeks. I will have only occasional access to email during that time, so please forgive my tardiness in responses to email.

Thanks for all the support.


Letter in Topeka Capital-Journal: Release the Records

Today in the Topeka Capital-Journal, cjonline.com


from the letter posted: August 31, 2015 - 5:42pm

"Reports of Republicans fixing elections in Kansas became more frightening recently with the news that Secretary of State Kris Kobach won’t voluntarily give up voting machine records that are being requested by a Wichita engineer, who believes she has spotted statistical anomalies favoring GOP candidates in the 2014 election.

Kobach is asking a Sedgwick County judge to block the release of those records.

What are you trying to hide, Mr. Kobach?

Transparency in elections is paramount for the success of a democracy. Those of us who believe that seem to be in direct conflict with our own secretary of state.

the rest at the link

Kris Kobach response to Clarkson's lawsuit: Kansas law forbids release of records so No

From Beth Clarkson's 8/28/15 newsletter:

Kris Kobach Says No!

Kris Kobach filed a response to my lawsuit

He filed it last Friday, the 21st. But if it wasn't for a local reporter email me asking for a comment on it and attaching a copy earlier this week, I wouldn't have known. I have yet to receive an official copy.
Like Ms. Lehman, Kobach states that it is forbidden by Kansas law to release those record while neglecting to mention the caveat unless so ordered by a judge. This law is why I have to sue to get permission from a judge. I don't see it as a reason for him to object to a judge granting me that permission. Seems to me that it would be perfectly legal for him to respond with 'Sure, Judge, I see no problem with allowing access for this person for this purpose" with whatever caveats he feels are necessary to secure the integrity of the records.

I'm anxious to here from any legal experts on my mailing list.

What is the next step for me to take?
Can I schedule a hearing to ask a judge to grant me permission?
Do I need to file a response to their response?

Thanks to everyone for you interest and support.



She needs legal help as quickly as possible.
Has been acting as her own lawyer.

Link to the Kobach response:

Evidence Continues to Mount in Kansas Ballot Tampering Case -- And the State Won't Do Anything

Source: ivn.us

KANSAS — If one single axiom of the American justice system is correct, the wheels of justice turn very, very slowly.

Dr. Beth Clarkson, the statistician and engineer at Wichita State University who is challenging the state in court for a full audit of the votes in the 2014 election, updated her newsletter on August 23, yet more interesting news continues to develop as Kansas Secretary of State Kris Kobach finally defends his stance.

At issue is the fact that there are numerous circumstantial issues that allude to voter machine tampering, including a statistical analysis done by Dr. Clarkson that goes against most common knowledge of how elections work.

As Dr. Clarkson says, “We already have a smoking gun, now we need to do some forensic analysis to see what it all means.”

Read more: http://ivn.us/2015/08/26/evidence-continues-mount-kansas-ballot-tampering-case-state-wont-anything/

Article by David Yee at ivn.us
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