Tuesday, October 18, 2016

letter sent just now
update: they responded by email saying "we have no such records."

Today, tuesday oct 18th 2016, I went to the city county building to see if I could early vote. I was handed a clipboard and told to get my ID ready.
I asked "what if I don't have an ID?" I was told "then you can't vote."
I asked to get that in writing. I was told that they would not give me anything in writing but that I could make a public records request, to which they would respond within 7 days. (You may recall we went through this recently with my public records request for Dawn Young's voter registration info, but I'll write separately about that later. As a result of your stalling Ms. Young ended up missing the registration deadline, but it wouldn't have mattered because she does not have and cannot get ID. I digress.)

They would not let me go to the election board office to fill out a public records request, but instead had an armed deputy tell me to leave the building.

After that happened, I had a couple of meetings with people who have more influence than I do on how things get done, so I expect this situation will have been fixed by my next visit. None the less, I am following up as requested with this public records request for whatever policy justifies them telling me that I can't vote without ID, and that I had to leave the building.

This is the same situation I encountered at the spring primary, concering which there is supposed to be an open investigation, but I haven't heard any followup.

My concern is not just that I want the situation fixed at the city county building, it is that this malfeasance will be repeated over and over at most of the 600 precincts on election day, resulting in 100s of voters being illegally turned away. 

You may recall that I participated as an amicus in Crawford v Marion County Election Board, that I was a losing plaintiff in Palmer et al v Marion County Election Board and both the Stewart v Marion County Board cases. The second Stewart v Board case was dismissed based on perjured testimony by Linda Proffitt, which is why I videotaped what happened at the primary, so there would be more evidence.

I expect to bring a camera when I come back later this week to try again to vote, if they let me.
addition details of today's events here; http://ballots.blogspot.com/2016/10/today-i-went-to-test-early-voting.html

notice of tort claims:
When they told me I couldn't vote, as described above, they violated my right to vote under article II sections 1 and 2.
When they told me I couldn't vote, they violated my right to vote under the 1st, 14th, 15th, and 24th Amendments.
When they wouldn't let me go to the clerk's office to make a public records request,and when they had an armed officer tell me to leave the building this was a seizure under section 11 of article I and a violation of the 4th Amendment.

Because I have been told this is going to be promptly corrected at least at the city county building, I would be willing to resolve this (today's inclident, not the more serious primary one) with a token payment and a letter of apology. 
In Stewart v Taylor, when I sued the election board and won, in a case about signs, I have initially just asked for a letter of apology, and only after not getting one I sued and won damages of $7,000. That case was about disclaimers. I encourage you to review it, since in the back of my car right now I have a sign I picked up sunday that doesn't have a disclaimer. See also Mulholland v Board, which was settled for $80,000 and like Taylor involved rights under McIntyre v Ohio. But I'll write separately about that.

I hope we can work together so that the many temporary board employees who staff the precincts and the early voting locations are properly trained instwad of unlawfully telling people that they can't vote.

It is important to me that in this election I get to vote and have my vote counted, unlike in previous years where I have been willing to cast provisional ballots that you didn't count even though you knew it was my ballot and that I am who I say I am. If we can rach some such agreement that might resolve the above claims.

Cordially, Robbin Stewart
4015 E Washington St

P O Box 29164 Indianapolis IN 46229
gtbear at gmail.com317 redacted

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