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January 14, 2008 at 08:06:56

South Carolina Elections Are UNCONSTITUTIONAL!?!

by Mark A. Adams JD/MBA     Page 3 of 10 page(s)

www.opednews.com

 
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As Chris had informed me that there was supposed to be some diversity among the political affiliation of the Commission, I asked who was the Democrat. He said that he didn’t know, but if I could hold on for a minute or two, he would see if he could find out.

So, I didn’t bother with even looking for any separation of powers provision in South Carolina’s Constitution. While I waited on hold, I went to the Constitution of South Carolina and clicked on Article II about suffrage. Right there in the first sentence of Article II, § 1, it states, "the ballots shall not be counted in secret." Jackpot!!! A Constitutional provision prohibiting counting votes in secret! No more need to refer to case law, evidence, or logic to argue against secret vote counting, at least in South Carolina. (The link follows the article.)

I could hardly wait for Chris to get back on the line. When he did, he told me that no one knew which Commissioner was the Democrat. You know, he said, "it’s not like they walk around telling anyone that they are a Democrat." Is anyone else suspicious about that? The Public Information Officer for the Commission appointed by the Republican Governor doesn’t know who the lonely Democrat on the Commission is, the one required by law to be appointed to the Commission. No one knows, really? Like Ace Ventura would say, "really?"

Any way, I didn’t press him on that since I could barely wait to ask him my next set of questions. First, I asked whether he minded if I put him on speaker phone and taped his answer to my next couple of questions. He said that he really didn’t feel comfortable doing that. I told him that I would really appreciate it since the story just got a lot more interesting while he had me on hold. Still, he didn’t want to be taped, so I’ll have to fill you in on the long pause. The oh, sh*t moment.

I said, "Chris, how do the touch screen computers count the votes which are cast on them?" He said, "Well, they add them up as they’re cast." I said, "Can anyone see the votes being counted?" He said, "Well, no." I said, "Well, since Article II, § 1, of South Carolina’s Constitution states that the ballots shall not be counted in secret. What do you have to say about whether or not the use of touch screen computers to count the votes in South Carolina’s elections is Constitutional?"

After a long pause, Chris said, "Well, I would have to say that it’s Constitutional because the votes are counted in public." I said, "Of course, you would have to say that, but you know that you already admitted that the votes are counted in secret. Would you like to change your position?" He said, "I really can’t." I said, "Would you like my phone number so that you can get back in touch with me in case anyone wants to change that position after you let everyone know that I am going to report that South Carolina’s use of touch screen computers in its elections violates its Constitution." He said, "Yes."

I’m sure that I ruined Friday happy hour, and hopefully the weekend, for those in power there in South Carolina. Yes, for those of you who have never done it, it can be fun to rock the boat. With the boat sailing full speed ahead towards tyranny and away from democracy, it’s time to rock the boat, tip the boat over, or even to sink it unless you’re foolish enough to believe that you don’t want any power to control your government.

So, where does the story go from here? I’ve let a number of people in the election integrity movement know that I found out that the way that South Carolina is conducting its elections is clearly not Constitutional. Of course, I heard back from many who are exited to hear my full story, but most are caught up right now focusing on the substantial amount of evidence strongly indicating that the official results of New Hampshire elections which were counted in secret by Diebold optical scan computers do not reflect the will of the voters.

The New Hampshire evidence is very dramatic. The precincts with computer counts differ by highly improbable odds from the precincts with hand counts especially when you consider the obvious implication of the trends. The results differ from exit polls and from totals reported by the Boston Globe and the Associated Press, but later changed. Yet, the corporate media has only talked about how those polls were unreliable.

Still, the corporate media tell you that the candidates who want to end the war and bring the troops home have little support when they know that the vast majority of the country also wants to end the war. Oh, that’s right, the corporate media doesn’t like to mention that, and they don’t like to cover the big anti-war rallies and marches.

So, will any of the candidates speak out about how the use of computers to count or miscount the votes in secret violates South Carolina’s Constitution? I bet Congressman Dennis Kucinich will, but will the corporate media cover it?

Senator Edwards has spoken out against touch screen voting machines before. But, will he do it again, and more importantly, will he use his trial lawyer skills to take legal action to stand up for the rights of the average American to have our votes counted accurately in public? Will he take legal action to preserve, protect, and defend the Constitution of South Carolina which he has sworn to uphold? If so, will the corporate media cover that?

Congressman Ron Paul has been a consistent defender of Constitutional rights. Will he speak out about the blatant violation of South Carolina’s Constitution? Will he take a stand to protect our fundamental right to have our vote counted accurately? After all, without the right to have our vote counted accurately, what does the right to vote mean anyway? Hitler let the Germans vote. Stalin let the Soviets vote. Dictatorships usually do allow their subjects to vote. But of course, the counting is done in secret, and the powers that be always win the secret count.

I bet Senator Gravel will speak out about this travesty of democracy, but the corporate media ignore him to the point that many Americans do not even know that he is running. Even though Senator Gravel has taken courageous stands to help end the Vietnam War and expose our government’s lies and abuses during that war to spread "democracy," the corporate media establishment doesn’t want to give him any more air time. Hey, maybe that’s why we’re at war spreading democracy and the rule of law now!?! We’re not using them in America anymore!

Well, I hope that you stuck this out this far. Even though the future of our country looks pretty bleak, there is hope. The four candidates that I just named are likely to speak out, and Senator Obama is a lawyer, a law professor even. Senator Obama can certainly understand this, and I know that Oprah knows how to get things done. She has seen oppression and violations of fundamental rights. She has the power to talk about the need to restore democracy, or actually, to really implement it for the first time. Oprah can reach millions who would never hear about this without her. Will Senator Obama demand that the fundamental right to have our votes counted accurately in public is restored? Will Oprah?

The corporate media have been ignoring this issue for years, but PBS and National Public Radio aren’t much better. In fact, NOW on PBS did a story about dirty politics in South Carolina just last week, and somehow, they failed to mention that its election system clearly violates the Constitution. The link is below. It’s an interesting story.

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Take action -- click here to contact your local newspaper or congress people:
Stop Counting Our Votes in Secret!!! Restore Election Integrity with Hand Counted Paper Ballots Now!!!

Click here to see the most recent messages sent to congressional reps and local newspapers

Mark A. Adams earned his BA in business administration with a major in finance and a minor in economics at the University of South Florida. He earned his law degree and his master of business administration at the University of Florida where he also worked as a teaching assistant in the Economics Department. Mark practiced law in Florida. In 2006, Mark represented Max Linn, the Reform Party candidate for Governor of Florida, in successful lawsuits brought against the media to require his inclusion in the Gubernatorial debates. Mark also represented John Russell, Clint Curtis, Frank Gonzalez, and others in contesting the official results of the 2006 elections in Florida state court and before the U.S. House of Representatives. Mark has been involved in the judicial reform movement since 2003, the media reform movement since 2004, and the election reform movement since 2006. Before those years, he believed that judges followed the law, that our media told us the truth, and that our votes were counted. Beliefs that most of us once held and that many still hold on to. Unfortunately, Mark, like many of us, learned that these beliefs were no longer true. However, Mark believes that we can counteract the forces which have destroyed these institutions if we face reality and take action before it is too late. Mark asks that you please remember that the American dream will die and our children will suffer if the people do not know what their government leaders are doing, if the people are not able to vote ineffective or corrupt leaders out of office, or if judges can ignore the law and the facts with no repercussions!

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15 comments

Andi Novick
Northeast Citizens for Responsible Media
www.re-media.org

andi novickAndi Novick
Northeast Citizens for Responsible Media
www.re-media.org

UNCONSITUTIONALLY UNCOUNTED

This is an excellent piece.  We all know elections counted in secret is the essence of anti-american and can't possibly be consitutional, but Mark's given us the smoking gun of unconstitutional.  If the SC constitution says - no secret vote counting- what more could one want as proof that we've entered a very dark period in which time and time again the constitution is treated with the same respect as has been shown the Koran by some of our representatives in Iraq. 

andi

by andi novick (52 articles, 0 quicklinks, 0 diaries, 14 comments) on Monday, January 14, 2008 at 12:54:10 PM
 


Jim Freeman's op-ed pieces and commentaries have appeared in The New York Times, Chicago Tribune, International Herald-Tribune, CNN, The New York Review, The Jon Stewart Daily Show and a number of magazines.
Jim FreemanJim Freeman's op-ed pieces and commentaries have appeared in The New York Times, Chicago Tribune, International Herald-Tribune, CNN, The New York Review, The Jon Stewart Daily Show and a number of magazines.

While wondering why there are not comments on

such an explosive accusation, I waded through the 2 1/2 pages of side issues before getting to the crux of 'unconstitutional.'

Interesting stuff Mark, but take a lead from journalism and get to the point FIRST and then work backward to detail.

Not many are willing to search for the subject matter. 

by Jim Freeman (108 articles, 43 quicklinks, 194 diaries, 364 comments) on Monday, January 14, 2008 at 12:58:55 PM
 


Nobody special.
WatchingNobody special.

Nice try but not quite

http://www.scstatehouse.net/scconstitution/a01.htm

 

Here is Article I of the South Carolina constitution. Nowhere in it does it say votes must not be counted in secret.  

by Watching (0 articles, 1 quicklinks, 3 diaries, 314 comments) on Monday, January 14, 2008 at 3:13:48 PM
 


Nobody special.
WatchingNobody special.

I don't know why

but the message board made a broken link. Do not click on the word 'Here'. Click on the actual link.

by Watching (0 articles, 1 quicklinks, 3 diaries, 314 comments) on Monday, January 14, 2008 at 3:14:58 PM
 


Nobody special.
WatchingNobody special.

It broke the link, too

http://www.scstatehouse.net/scconstitution/a01.htm

by Watching (0 articles, 1 quicklinks, 3 diaries, 314 comments) on Monday, January 14, 2008 at 3:17:42 PM
 


 I like to watch. I am not a wage slave.
B York I like to watch. I am not a wage slave.

secret vote counting

 

Article II Section 1 says just exactly what the author of this post says it says.

Check it out 

by B York (0 articles, 0 quicklinks, 0 diaries, 86 comments) on Monday, January 14, 2008 at 3:29:20 PM
 


10 year Navy veteran,former Federal employee with various agencies,
Gallaher10 year Navy veteran,former Federal employee with various agencies,

I agree with Jim

You need to get to the point on at least the first page of a rant.

I had no idea as to your point, other than you believed something was unconstitutional but did not want us to know what was unconstitutional.

Sad to point out that the Republicans and Democrats don't even have to hold an "election" to pick who they want to run. It can be done in a smoke filled back room with large amounts of money changing hands. If you have joined a "party" you are the problem. Primary elections are not covered by the constitution, they are governed by the party.  Everyone knows that if you are not in a "party" you have no chance of winning or even being placed on a ballet so they join in with the corruption.

HA,HA, You really thought the public picked elected officials. They sure have you fooled.

by Gallaher (2 articles, 0 quicklinks, 2 diaries, 538 comments) on Monday, January 14, 2008 at 3:16:03 PM
 


 I like to watch. I am not a wage slave.
B York I like to watch. I am not a wage slave.

Secret vote counting

 

I didn't read the whole article, but enough to get the gist of it.

I live here in South Carolina. While I keep a copy of the U.S. Constitution close at hand, sad to say, I haven't read the S.C. Constitution in years and didn't notice or think about the secret vote counting clause.

I expect soon to hear the Republican attorney general render an opinion arguing that the plain language of the Constitution doesn't really mean what it means. In the alternative, I expect some prominent local pol to be offering an ammendment in favor of secret vote counting.

I can't wait to hear those arguments.

by B York (0 articles, 0 quicklinks, 0 diaries, 86 comments) on Monday, January 14, 2008 at 3:23:46 PM
 


Mark A. Adams earned his BA in business administration with a major in finance and a minor in economics at the University of South Florida. He earned his law degree and his master of business administration at the University of Florida where he also worked as a teaching assistant in the Economics Department.

Mark practiced law in Florida. In 2006, Mark represented Max Linn, the Reform Party candidate for Governor of Florida, in successful lawsuits brought against the media to re...

to see more of bio, click on member name

Mark AdamsMark A. Adams earned his BA in business administration with a major in finance and a minor in economics at the University of South Florida. He earned his law degree and his master of business administration at the University of Florida where he also worked as a teaching assistant in the Economics Department.

Mark practiced law in Florida. In 2006, Mark represented Max Linn, the Reform Party candidate for Governor of Florida, in successful lawsuits brought against the media to re...

to see more of bio, click on member name

What's the problem with America?

What’s the problem with America? A few are demonstrated clearly in these comments.

Jim correctly points out that one of the problems is the lack of attention span. It seems almost helpful. Get to the point, as in only one?

Watching then demonstrates a startling lack of attention by not only missing the link to Article II, Section 1, but also by missing Article II entirely when he looks at the South Carolina Constitution. By the way, Article II is titled "Right of Suffrage" as in voting. Naturally, it’s also listed right after Article I in the table of contents. Watching is not really that watchful.

Gallaher then demonstrates that he is apathetic as well as unable to understand that counting votes in secret violates Article II, Section 1, of South Carolina’s Constitution which states, "the ballots shall not be counted in secret." He says, "I had no idea as to your point, other than you believed something was unconstitutional but did not want us to know what was unconstitutional."

He also attacks my article as a rant and implies that I’m a fool for thinking that voters should have a say in electing our leaders. He seems to be just fine with some sort of feudal form of control by those in power. "HA, HA," (sic) he says to you fools who care about elections.

Did I raise any other points in my article other than that South Carolina’s election system violates its Constitution? Did anyone get the point I raised about lack of competition in our educational system? How about the point that people who want to take and hold power engage in misinformation? How about the harm which flows the lack of power to control our government?

It seems curious that Jim, Watching, and Gallaher would really want to take their time to be so helpful. Oh, that’s right. Their comments were not helpful. Instead, they served to undermine and distract from the points which I raised. What were those points? Read the article and see. Open your mind to what the masters of illusion and distraction don’t want you to know.

By the way, there is a great commentary on the Brad Blog today where Brad points out how laughable the attacks are which have been made on him for daring to point out that counting votes in secret is no way to run a democracy. It’s here http://www.bradblog.com/?p=5542 I must warn you though. He makes more than one point, and he favors democracy over the illusion of it.

by Mark Adams (12 articles, 0 quicklinks, 0 diaries, 90 comments) on Monday, January 14, 2008 at 5:24:43 PM
 


None
brantlNone

Factual article, but get over yourself

Jim said nothing but that basically if you want your article read, get to the point that your headline makes quicker. Nothing but constructive criticism there, bud. Gallaher basically says the same thing. If you want to make an impression, this slow-motion punch isn't going to get it. Period.

by brantl (0 articles, 0 quicklinks, 0 diaries, 23 comments) on Tuesday, January 15, 2008 at 2:53:38 PM
 


10 year Navy veteran,former Federal employee with various agencies,
Gallaher10 year Navy veteran,former Federal employee with various agencies,

I'm sure you were well meaning.

I'm  sure you are well meaning with your rant. The problem with your article is that it did not get to the point in the first or second paragraph. If you have not noticed there are thousands of articles written each day and not all can be read. Your title at least brought some interest for me to look closer at your allegation.

I have sat through many court cases where the person lost because they never got to the point. And reading this I understand why the courts demand a format for filling cases. You placed your argument before clearly stating the alleged constitutional problem.

The title of your article is "South Carolina Elections Are Unconstitutional" Then you don't say why you believe this until the second page. Rambling does not make your argument any more impressive or important. Get to the point. I don't want to feel like I'm reading an infomercial waiting for them to spill the grand price at the end only to think what a rip off.

Reading your article made me feel like I just wasted five minutes of my life that I could have been doing something, be it anything else. I'm not short of attention just short of patients. 90% of the time I only read the headline and the brief. I don't have the time or patients to hear everyone's problems with your government. They are far to vast and it would take hundreds of years to enumerate.

by Gallaher (2 articles, 0 quicklinks, 2 diaries, 538 comments) on Tuesday, January 15, 2008 at 1:36:45 PM
 


None
brantlNone

Gallaher and Freeman are right...

You took way too long to get to your point. Don't ever try to write flyers, Mark, you'll cause pedestrian traffic jams.

by brantl (0 articles, 0 quicklinks, 0 diaries, 23 comments) on Tuesday, January 15, 2008 at 2:46:29 PM
 


John is a family physician in a small Iowa rural community. He is happily married, the father of two children, and active in his Christian church. His hobbies include photography and tinkering with computers. His passions are philosophy, science, and the incredibly critical point in the space-time continuum that is Now.
John BoweryJohn is a family physician in a small Iowa rural community. He is happily married, the father of two children, and active in his Christian church. His hobbies include photography and tinkering with computers. His passions are philosophy, science, and the incredibly critical point in the space-time continuum that is Now.

Excellent point!

Although I have to agree with the criticism of your expository style, I think you have done a great service by discovering another serious flaw in our election system. Maybe you could write a summation that enumerates the main points with links to the full article? Thank you and keep up the good work defending our constitution!

by John Bowery (0 articles, 0 quicklinks, 0 diaries, 20 comments) on Wednesday, January 16, 2008 at 3:14:23 PM
 


Mark A. Adams earned his BA in business administration with a major in finance and a minor in economics at the University of South Florida. He earned his law degree and his master of business administration at the University of Florida where he also worked as a teaching assistant in the Economics Department.

Mark practiced law in Florida. In 2006, Mark represented Max Linn, the Reform Party candidate for Governor of Florida, in successful lawsuits brought against the media to re...

to see more of bio, click on member name

Mark AdamsMark A. Adams earned his BA in business administration with a major in finance and a minor in economics at the University of South Florida. He earned his law degree and his master of business administration at the University of Florida where he also worked as a teaching assistant in the Economics Department.

Mark practiced law in Florida. In 2006, Mark represented Max Linn, the Reform Party candidate for Governor of Florida, in successful lawsuits brought against the media to re...

to see more of bio, click on member name

Don't Miss This!

If you want to strike a real blow for election integrity, STEP INTO THE FRAY that I started in South Carolina. Help push for the legal action which could KILL SECRET VOTE COUNTING!!!

 

Read An Open Letter to Senator John Edwards: The Constitution Prohibits Secret Vote Counting! Will You Take Action? http://www.opednews.com/articles/genera_mark_a___080117_an_open_letter_to_se.htm

 

Article II, § 1 of the Constitution of South Carolina states, "the ballots shall not be counted in secret." Computers count inside their case, with no oversight, just like they are told to do, unless of course, they malfunction or are hacked.  Can you see a computer count?

 

This is the election integrity jackpot, a Constitutional provision prohibiting counting votes in secret! No more need to refer to case law, evidence, or logic to argue against secret vote counting, at least in South Carolina.

 

Let’s focus our attention and effort where it can really do some good!!! Also, we need help in Florida to catch them again!!! Join the effort that I started. We need leaders, and we need volunteers in order to make this too big to ignore! Check out PROJECT VOTE COUNT and spread the word like Paul Revere!!!

 

STEP INTO THE FRAY WHEN YOU CAN DO THE MOST to save our country, to protect our freedom, to protect our right to elect our leaders, and to protect the future of our children and grandchildren! PLEASE HELP KEEP THE LIGHT OF LIBERTY BURNING! GO TO http://www.votecount2008.org/ and JOIN NOW!

by Mark Adams (12 articles, 0 quicklinks, 0 diaries, 90 comments) on Friday, January 18, 2008 at 3:11:23 PM
 

 

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