VivaBarnesLaw
Politics • Culture • News
This is the VivaBarnesLaw Community.
Interested? Want to learn more about the community?
State Election Contest Exemplar

FULTON COUNTY SUPERIOR COURT

VOTER 1,

Plaintiff,

v.
BRAD RAFFENSPERGER, in his official
capacity as Secretary of State of the State
of Georgia,

Defendant.

ELECTION CONTEST COMPLAINT

Introduction
1. Plaintiffs only seek one remedy: an honest vote, honestly counted, with lawful ballots. The means to achieve this remedy is equally simple: an independently confirmed, observed signature-match-check of the absentee ballot envelopes to the pre-ballot voter’s signature in the voter file, as required by law, a monitored hand recount to assure an accurate vote count, and audit of the poll books to confirm we have the same number of ballots as voters, and no more, nor no less.
2. As acknowledged by leading practitioners and procedural guidebooks, a re-canvass and audit necessarily includes an independently confirmed, independently observed signature-match-check of the absentee ballot envelopes to the voter file, a protective procedure also advised by independent, bi-partisan blue ribbon panels and Congressional commissions, such as the Best Practices manual coauthored by the Election Integrity Project and the guideline publications of the Congressionally commissioned, United States Election Assistance Commission.
3. Understanding this, the Secretary of State ordered both an audit and a recanvass at the time of ordering the recount.
4. Unfortunately, the counties failed to conduct either the audit or the recanvass, and no independently confirmed, observed signature-match-check occurred. Notably, the counties refused pre-election requests to have an observer present when the signatures were matched to confirm the signature-match-check conformed to the law.
5. Compounding this problem, the manual recount prevents observers from seeing the ballots being counted to such a degree that some monitors had to bring binoculars to try to see what was on the ballot being counted.
6. Indeed, this conforms to a larger pattern, as during a critical ballot counting time period in Fulton County, Republican Party observers were told they could go home because no more ballot counting would occur, but then ballots were surreptitiously counted in the dark of night.
7. This is not the way to gain the confidence in the vote counting process necessary for the country to have confidence in the coming certification of the vote for the Presidency of the most powerful, and democratically governed, nation on earth.
8. The remedy plaintiffs seek is simple: no certification of the election for the Presidential electors from Georgia unless and until the counties conduct an independently observed, monitored and confirmed signature match check of the absentee ballots, or if not granted, a declaration the election outcome is in do.

JURISDICTION AND VENUE
9. This Court has original jurisdiction and venue pursuant to 21-2-524, as the defendant resides in Fulton County. The office contested is for the electors for the Presidency of the United States. This action contests the Defendant’s certification and seeks to declare the election invalid, and that no certification of Presidential electors can occur for this election as the result of the election is in doubt for the reasons cited below.

PARTIES
10. Voter 1 is a citizen of Georgia, a qualified elector of the state, a registered voter, and voted in the November 3, 2o20, General Election. As an aggrieved elector, Voter 1 is qualified to contest the election.
11. Georgia’s Secretary of State is a defendant in his official capacity, the chief elections officer responsible for overseeing the conduct of Georgia’s elections, responsible for assuring the elections are conducted in a free, fair, and lawful manner, and is the official responsible for certifying the vote for the Presidential election in the state of Georgia. The Secretary of State certified the results for the Presidential electors on November 18, 2020.
12. Joe Biden was a candidate for the Presidency in the 2020 General Election in Georgia.
13. Jo Jorgensen was a candidate for the Presidency in the 2020 General Election in Georgia.

FACTS
14. The Democratic Party of Georgia agreed that absentee ballots pose the greatest risk of election fraud.
15. The prior President, and Georgian, Jimmy Carter also identified absentee ballots as the greatest risk of election fraud. According to the Carter Report, mail-in voting is “the largest source of potential voter fraud.” (Id.)
16. The New York Times identified absentee ballots as the greatest risk of election fraud, as reported by the New York Times: “Error and Fraud at Issue as Absentee Voting Rises.”
17. Absentee ballots are “more likely to be compromised” than ballots cast at the polling booth, with a norm of at least 2% of all such ballots being invalid.
18. Increasing the amount of absentee balloting “increases the potential for fraud” as fraud is “vastly more prevalent” in absentee balloting.
19. Indeed, voting by mail is “problematic enough that election experts say there have been multiple elections in which no one can say with confidence which candidate was the deserved winner.”
20. “There is a bipartisan consensus that voting by mail, whatever its impact, is more easily abused than other forms” of voting. The bipartisan commission under former President Carter concurred that “absentee ballots remain the largest source of potential voter fraud.”
21. A consensus of election experts concurred that absentee ballots posed the greatest risk of election fraud. As election experts agree: “all the evidence of stolen elections involves absentee ballots and the like.”
22. Many well-regarded commissions and groups of diverse political affiliation agree that “when election fraud occurs, it usually arises from absentee ballots.”
23. Federal jurists long recognized the fraud risks attendant absentee balloting.
24. International, universally recognized election integrity standards require the presence of observers for the processing of ballots, as a “necessary safeguard of the integrity and transparency of the election.” Indeed, “the legal framework must contain a provision for representatives nominated by parties and candidates contesting the election to observe all voting processes.”
25. As Constitutional Law Professor Jonathan Turley publicly explained, canvassing in public view is critical to testing the integrity of the vote: “It’s like not just being asked to guess the number of jellybeans in a jar, but you have to do it without actually seeing the jar. So in order to find systemic problems, you need access to the system…. I’ve been reading these complaints and these affidavits. I think it’s clear at this point that voting fraud occurred. There is obviously a record here of dead people voting. There are obviously problems of keeping observers in places where they really couldn’t observe, very effectively. We still don’t know. But we wouldn’t know — unless we had greater access to the system itself. That is held by election officials and that requires a court to order that information to be turned over.”
26. The sole safeguard in Georgia against absentee fraud is the signature of the absentee ballot envelope matching the signature of the voter in the voter file. Much like the signature on a bank check, it is all that protects an honest accounting of the vote. Yet, it is the one process counties will not allow any independent confirmation of, any audit review of, any monitored observation of at any stage of the process, any canvassing of, or any recanvassing of.
27. Despite a massive rise of mail-in ballots, Georgia reports the lowest rate of rejection of such ballots in its history, and a rate more than ten times lower than past Georgia elections.
28. Georgians repeatedly requested the Secretary of State, prior to certification, verify, in the presence of party-designated observers, the validity of the signature of any ballot received absentee or by mail. Despite repeated assurances such verification was forthcoming, and a public statement commanding canvassing and auditing of the vote, no such verification has in fact occurred as of this date.
29. The Secretary of States assured the public there would be a complete audit, recanvass and recount of the vote.
30. As the Congressionally created United States Election Assistance Commission provided in its guidelines, a critical part of any canvass of the vote must include allowing observers to check any possible "signature mismatches on absentee ballot envelopes or in the poll books."
31. In order for Georgia’s electors to be included in the Electoral College under the statutory safe harbor, the defendant must certify the election by December 8, 2020. Section 5 of Title 3 of the United States Code provides a safe-harbor for the adjudication of contested issues concerning any election for the appointment of electors that allows the Governor to certify the election and have their electors included in the Electoral College if that determination is made six days prior to the appointment of the electors. To fall within the safe-harbor, this requires adjudication by December 8, 2020, as the Electoral College meets on December 14, 2020.
32. In testing the voter signature systems, a news reporter found Nevada, which reportedly employs a system similar to some counties in Georgia, failed to spot a forged signature 8 out of 9 times in this election. Georgia also reported an unusual number of votes only for the President for just one candidate, as Biden received almost 99% of the over-votes in this election. This constituted a margin of votes more than five times larger than the reported margin of victory in the state for the Presidential election. In prior election contests in Georgia, this fact alone warranted an election contest, and discovery to determine whether it was the product of error. In the few cases monitors could observe, they saw perfectly marked ballots for Biden only that looked like computer generated produced absentee ballots.
33. The hand recount occurred without proper notice to the parties, without effective monitoring of the ballots cast in many counties, without any signature match check of any kind occurring under independently confirmed observation, and without even a hand recount being conducted in some counties. Despite public assurances that the ballots (all scanned) would be made available to the entire public for independent review, no such ballots were ever made so available.
34. Those counties that allowed effective monitoring of the hand recount turned up thousands of uncounted ballots for Donald Trump, revealed miscounts by elections staff incorrectly counting tens of thousands of ballots for Joe Biden, and revealed major glitches in the Dominion software program that tabulated ballots. In other states employing Dominion technology, glitches occurred that changed the outcome of elections, and shifted votes more than 100 times the norm for a hand recount, including hand recounts conducted in Michigan, New Hampshire and Connecticut.
35. In counties that strictly enforced personal identification and in counties that never processed mail in votes for Donald Trump, thousands of votes for Donald Trump were not counted.
36. Individually, these errors in signature matches, counting the ballots, and discarding legal ballots, more than 15,000 votes were either illegally cast or not legally tabulated, which is more than the margin of victory in this election with 5 million voters in the state of Georgia. Indeed, a properly enforced signature match itself would have excluded more than 15,000 ballots cast in this election, which is more than the margin of victory in the election, and is, by itself, sufficient to place the outcome in doubt to qualify this contest.

COUNT I: ELECTION CONTEST
37. As a blue-ribbon commission confirmed: “Foremost, properly conducted recounts assure candidates and the public that in a close election, there has been a fair examination of the procedures and an accurate count of all legally cast votes.” (Recount Principles & Best Practices, Citizens for Election Integrity, p.1 (2014).
38. Critically, any recount must employ a “consistency of methodology for all ballots recounted” and must provide for “participation of opposing parties to observe and challenge the interpretation of a voter’s intent” (Recount Principles & Best Practices, Citizens for Election Integrity p.4 (2014).Neither occurred here in the manual recount.
39. The failure to conduct signature matches allowed more than 15,000 illegal ballots to be included in the tabulation of the vote for this office, which is more than the margin of victory in this election.
40. The exclusion of monitors from the counting of ballots on Fulton County allowed more than 15,000 illegal votes to be included in the tabulation of the vote for this office, which is more than the margin of victory in this election.
41. The exclusion of monitors who could see the ballots being hand recounted allowed more than 15,000 illegal votes to be included in the tabulation of the vote for this office, which is more than the margin of victory in this election.
42. The failure of the counties to properly receive mail in ballots lawfully sent excluded more than 15,000 legal votes from being included in the tabulation of the vote for this office, which is more than the margin of victory in this election.
43. The failure of the counties to remove dead people, non-citizens, duplicate votes, and non-residents to vote in this election allowed more than 15,000 illegal votes to be included in the tabulation of the vote for this office, which is more than the margin of victory in this election.
44. The failure of the counties to conduct a proper election in accord with the best practices guidelines of the United States Election Assistance Commission allowed more than 15,000 illegal votes to be included in the tabulation of the vote for this office, which is more than the margin of victory in this election.
45. The Secretary of State failed his promise to the public, and no election results should be certified until he confirms the counties conducted the audit, recount, and recanvass, applying uniform standards and allowing meaningful monitoring of the process, as he publicly promised the citizens of Georgia, and the country, he would. "It will be an audit, a recount and a recanvass all at once." https://www.cbsnews.com/news/georgia-election-hand-recount-audit-presidential-race/

REMEDIES
46. Plaintiffs seek immediate discovery of all signature match files and immediate publication to the world of all scanned ballots, as the Secretary previously promised the public he would. If no review conducted, then Plaintiffs seek a declaration ...

Interested? Want to learn more about the community?
What else you may like…
Videos
Podcasts
Posts
Articles
Spotted on our trip in central Florida

Timing is everything… We were a little late checking out of the Airbnb, which placed us at the perfect spot at the perfect time.

A massive mama black bear, with her two cubs.

00:03:08
Elon's Revenge

America Party has been created.

SPONSOR! https://www.twc.health/VIVA – code VIVA saves 10% + FREE shipping. Experience next-level energy and focus with RECHARGE—powered by Methylene Blue

00:09:52
The whippersnappers are amazing!

I am going back to that CVS and I’m going to buy the entire display!

the snap rate is virtually 100%! And they snap against people’s backs!

00:02:18
February 17, 2024
Appearance on Richard Syrette

I did a quick hit on Richard Syrette yesterday. Gotta keep Canadians apprised of the U.S. madness.

Appearance on Richard Syrette
The Barnes Brief, Podcast Format: Monday, July 17, 2023

Closing Argument: Birthright citizenship is deeply American, and wholly Constitutional.

The Barnes Brief, Podcast Format: Monday, July 17, 2023
Declaration of Independence

Audio podcast style.

Declaration of Independence

I’m so ready for a JD Vance presidency, I want someone consistent, someone who doesn’t piss me off routinely with shit staff picks or ignoring big issues important to me. Someone who can explain positions transparently, someone I don’t have to defend routinely, someone who can actually bring some of the left back from the extremes. Trump is the best president of my lifetime, but the bar wasn’t that high, I think we can do better, at least I hope so.

This would make me very happy 😊🍿

Special Prosecutor?

post photo preview

Oooops!

post photo preview
post photo preview
Barnes Brief: Friday, July 11, 2025

I.  Schedule

  • Benny Johnson Interview
  • Alex Jones Show w/ Owen Shroyer
  • Friday at 9ish: Betting w/ Barnes AMA
  • Saturday at 9: Movie Night
  • Sunday at 6 or 7: Law for the People

II.  Art of the Day: The hidden alleyways in ancient communities share secrets of generations past, wlecomed by the decorative arts on display in the magnificent murals, decorous streets, illuminated arches, old gas lights, as enveloped by nature. I love art that expresses itself in the everyday, shares its genius with all who come to it, making nature into an indoor-outdoor mirror of nature and the soul. Windows to the world, windows to our own world. 

III. Book of the Week: Robert Maxwell's Mossad ties, the founder of the Epstein Connection. 

IV.  Wisdom of the Day: "Oh what a tangled web we weave when first we practice to deceive." Sir Walter Scott. 

 

Only for Supporters
To read the rest of this article and access other paid content, you must be a supporter
Read full Article
post photo preview
The Barnes Brief: July 4, 2025

I.  Schedule

  • Saturday 9 pm eastern: Movie July 4th Theme
  • Sunday 6 pm eastern: Viva & Barnes Law for the People

II.  Art of the Day

A pickup truck. By the beach. Our flag flowing in the wind. The center of summer. The celebration of American independence. The spirit of the 4th.The simplest joys partake, in backyard barbecues & flowing fireworks into the night sky. All for the liberty, freedom, and individuality unleashed by the American spirit that sentinel 4th of July, birthing a revolution of spirit around the world. America's Independence Day. 

III. Wisdom of the Day

"And for the support of this Declaration, with a firm reliance on the protection of divine Providence, we mutually pledge to each other our Lives, our Fortunes and our sacred Honor." Declaration of Independence, 1776. 

IV. Book Recommendation

Declaration: The Nine Tumultous Weeks details the inside story of how the American revolution was anything but inevitable, birthed by the struggles of men and women willing to risk it all for a new cry for freedom and self-governance that will replace the royalists forever more. 

V.  News of the Week

  1. Big Beautiful Bill Passes
  2. Medicaid Cut Debate
  3. Socialist Rises
  4. Jobs Jump
  5. Democratic Disarray

*Bonus: Proud to be an American

VI.  Topic of the Week: American Independence

  1. Patrick Henry
  2. Adams
  3. Reagan
  4. MLK
  5. Fredrick Douglass

*Bonus: Webster

VII. Cases of the Week

  1. Judicial Coup Continues
  2. Diddy Verdict
  3. Big Beautiful Bill
  4. SCOTUS: TransSpeech
  5. Wisconsin: Politics & Judges

*Bonus: Coercion defense

VIII. Closing Argument: Our Eternal Oath

  • The American Revolution. The Declaration of Independence. July 4th, 1776.
  • A new doctrine of legitimacy for the exercise of state power. Henceforth, legitimate government depended upon the consent of the governed. This was because each individual held “the separate and equal station” by the logic of natural law — “the Laws of Nature and of Nature’s God entitle them.” This thus further entitled them “to dissolve the political bands which have connected them with another and to assume among the powers of the earth” whenever made necessary by the conditions of their government. 
  • The eternal truths of the ends of government remained the same truths as God ordained, reason entitled, and nature spoke: the “self-evident truths” included that “all men are created equal” and as such endowed by their Creator “with certain unalienable Rights” of the right to life, the right to liberty, and the right to the pursuit of happiness. This, and this alone, is the reason for government — “to secure these rights.” Security wasn't for physical safety but rather for liberty -- security measured by respect for the right to liberty, the right to life, and the right to the pursuit of happiness. Thereby, wherever and whenever government “becomes destructive” toward the right to life, the right to liberty, and the right to the pursuit of happiness, then the self-evident right endowed by the Creator, and his creations in nature and reason, entitles “the people” to alter such government, abolish such government, and to, in their place, “institute new Government.”
  • The conservative counter to the radicalism inherent in the right of revolution was to temper such revolutionary spirit that “long established” forms of government only be changed for causes neither “light” nor “transient.” It is only upon a “long train of abuses and usurpations” that would reduce them to despotism that it becomes their “duty” to “throw off such Government” and provide better “Guards for their future security.”
  • The founders then laid out the evidentiary pleadings for their right to revolt, noting the dilution of the people’s right to pass laws on its behalf, the corruption of the judiciary from enforcing the laws impartially, and the rogue executive ignoring the invasion from within and without. This breach of forms bred results undesired and insecure to the people, including standing armies invading homes without cause, bureaucratic expansion that “sent hither swarms of Officers to harass our people and eat out their substance”, subject Americans to “a jurisdiction foreign to our constitution and unacknowledged by our laws”, with “mock Trials” held by partial jurors away from the community of the judged, taxes without consent, unwarranted drafts into forced military service against their own people, and leaving borders unprotected from merciless dangers, while all petitions for redress of these grievances went unanswered and unaddressed. This left no choice but to declare our independence, rooting our government in both conservative claims and radical revolutionary aims, restoring power to the people our Creator endowed with inalienable rights which appeal to nature and reason — the archives of nature and the rights of man as God’s forensic fingerprint on the nature of man and earth alike. 
  • It is thus we must again renew the oath — “for the support of this Declaration, with a firm reliance on the protection of divine Providence, we mutually pledge to each other our Lives, our Fortunes and our sacred Honor.” 
Read full Article
post photo preview
Barnes Brief: Friday, June 27, 2025

Schedule

  • Friday at 6 eastern: Betting w/ Barnes
  • Saturday at 9 eastern: Movie Night 
  • Sunday at 6 eastern: Law for the People w/ Viva

Art of the Day: The Water Fountain. To make the simple, elegant; the functional, expressive; the accessible, ideal. Decorative arts charm the mind by turning the ordinary into extraordinary, the everyday into an otherworldly invitation. This form of decorative arts remakes our material world into an ethereal paradise of the mind evoking the God shaped spark of the soul for a task as mundane as getting a sip of water. 

Book Recommendation History rhymes. The last effort of the Deep State to regime change in Iran birthed us the current regime. The Coup: https://www.goodreads.com/book/show/13586980-the-coup?

Wisdom of the Day: “A passionate attachment of one nation for another produces a variety of evils. Sympathy for the favorite nation, facilitating the illusion of an imaginary common interest in cases where no real common interest exists and infusing into one the enmities of the other, betrays the former into a participation in the quarrels and wars of the latter, without adequate inducement or justification.” George Washington, Farewell Address. 

 

Only for Supporters
To read the rest of this article and access other paid content, you must be a supporter
Read full Article
See More
Available on mobile and TV devices
google store google store app store app store
google store google store app tv store app tv store amazon store amazon store roku store roku store
Powered by Locals