BILL OF COMPLAINT Just Filed At SCOTUS: Presidential Elections Are Void in PA, Et al

At the end of this post you may read the Bill of Complaint via Scribd, or you may download a PDF directly. It is the heart of this action, a rare form of claim, invoking the original jurisdiction of the United States Supreme Court. PLEASE help us get attention on this case. Share everywhere.

Even if jurisdiction is established, SCOTUS doesn’t have to accept the case. They rarely ever do. This is a power reserved for issues of grave public importance, usually between State parties. Regardless, the nation is at a dangerous cross-roads and all branches of Government must be put on the record for posterity to judge.

The case is properly filed. It must be docketed. Even if Leave to File is denied, at least the issue is put before the Court. This alone will add legitimacy to the final outcome, regardless of who becomes President.

An original and two copies of the Emergency Application for expedited review, sent to Justice Alito’s attention, plus an original of the Motion For Leave to File Bill of Complaint; Bill of Complaint; Motion For Expedition (to full court); Legal Argument; and the $300 filing fee, were all received at the Supreme Court on December 3, 2020 at 10:57 A.M., signature confirmed by commercial carrier.

Earlier, at 9:20 A.M., also on Dec. 3rd, an official of the Clerk’s office confirmed by email that the Office of the Clerk had received an email (with all filings attached), but that the action would only be evaluated after the paper copies were received. At about 1:12 P.M., the same official sent a cordial reply on a separate issue, and that was the last communication. The Court’s website states that it can take up to two days for papers to clear security, due to Covid-19 protocols.

Then at 11:09 A.M., Dec. 4, yesterday, forty copies each, of the Motions (with Legal Argument attached), and the initial pleading (Bill of Complaint), were delivered by commercial courier to the Supreme Court Police, where they were time-stamped as received. (See documents below.)

Supreme Court Rule 17.4 states:

“The case will be placed on the docket when the motion for leave to fle and the initial pleading are filed with the Clerk. The Rule 38(a) docket fee shall be paid at that time.” (Emphasis added.)

As of yesterday, Dec. 4, 2020, the Court has received everything required, and therefore the case “will be docketed” as soon as all papers clear security and arrive in the Office of the Clerk. We have complete confidence in the Clerk’s office, and especially in the official we spoke to, although that person may not be in charge of the case file. The papers will remain redacted until the file appears on the United States Supreme Court docket.

We believe strongly that the Court should take this on, not to decide the election, but to address the equal protection violation by declaring the law, which will restore constitutional order by voiding the Defendants’ presidential elections, which will kick it all back to the State Legislatures, removing the false cover of nullified state law.

No fact-finding is necessary. There is a perilous national controversy. The Court can take Judicial Notice of their own docket as proof of the actual controversy.

The country needs a straight answer as to whether 3 U.S.C. § 1 means anything anymore. Same for 3 U.S.C. § 2. If these statutes have no force of law, it’s the end of the Republic as we know it, because these laws govern our elections and were designed to end fraud.

If this election is allowed to stand, the bar will have been set so low for law enforcement that the center will collapse. Fracture. Rot. Treason and invasion will follow. No exaggeration. Enemies foreign and domestic lie in wait, whether by intention or by neglect of authority.

I pray the Justices take this case. So should you. The State Legislatures are avoiding their powers. Presidential election integrity is their enumerated responsibility. They have PLENARY authority, state constitutions notwithstanding. Have these individuals ever read or studied the Supremacy Clause? I think so. And it scares the hell out of them. That’s understandable, but it’s no excuse.

The State Legislatures won’t acknowledge their power. I get it. It’s an awesome duty upon them if they face it squarely; resume plenary authority; order (not ask) for comprehensive signature and machine audits in full view; conduct investigations under oath; go to court for writs of Mandamus & Prohibition to make subordinate officials (SOS, Governors) obey. They have any means of choosing electors they prefer, before, during, and after an election. That is a fact. They will win at SCOTUS if they assert their true authority.

The other option for State Legislatures is to condone what happened by not admitting their power to take control, and by making believe they have no power to order the Executive of their State to get out of their way. Their complacency becomes their legacy.

This is not the duty of Congress. It’s not the duty of soldiers. It’s not the duty of SCOTUS. It’s your duty, State Legislatures. This moment. You own it.

IMPORTANT ADVICE FOR STATE LEGISLATURES: As you run up against December 14th, all you need is a simple majority and a “Resolution” acting as a body. “The Legislature thereof may direct” the manner of choosing. The entire Republican establishment was behind doing it this “brave” way, without a Special Session, or Jeb’s signature, when George W. Bush was involved. (See my previous report here.)

Any appointment without the Legislature’s consent is invalid. Choose your electors, regardless of what the Governor and Secretary of State do. Go to federal district court. Institute emergency Mandamus & Prohibition writs against state officials acting in repugnance to your broad powers. Eventually you win at SCOTUS. Full stop.

Meanwhile, have your electors meet anywhere you choose. It doesn’t matter if it’s in a parking lot, or the local coffee shop, as “The electors…shall meet” only where the Legislature “shall direct” them to meet, and nowhere else:

“The electors of President and Vice President of each State shall meet and give their votes on the first Monday after the second Wednesday in December next following their appointment at such place in each State as the legislature of such State shall direct.” 3 U.S.C. § 7.

If the Legislature changes the meeting place, all other meetings of electors are invalid. There’s multiple ways to assert plenary authority. Nobody will stop you. They will lose in court if you hold your ground.

The action filed with SCOTUS yesterday was not designed to have the Court decide the election. It is designed as a vehicle to return the 2020 Presidential Election to control of the Constitution of the United States, by relying on two well settled precedents: Mcpherson v. Blacker, 146 U.S. 1 (1892), and the unanimous decision in Foster v. Love, 522 US 67 (1997). (Listen to that oral argument here.).

Also, a unanimous opinion of the Rhode Island Supreme Court is very instructive regarding the voiding of presidential electors; see In Re George Corliss, 11 R.I. 638 (1876). The R.I. Supreme Court’s unanimous opinion made it perfectly clear that once 3 U.S.C § 2 (aka “sec. 134”) is triggered, the prior election is void.

Pennsylvania Speaker Brian Cutler, and Arizona Speaker Rusty Bowers, are absolutely misleading the nation by issuing official statements denouncing their power and responsibilities. The core holding of the United States Supreme Court announced in McPherson v. Blacker, was restated in Bush v. Gore, and restated again this past July in the unanimous opinion of the Supreme Court in Chiafolo v. Washington. McPherson is unassailable black letter law, which mandates:

“‘Whatever provisions may be made by statute, or by the state constitution, to choose electors by the people, there is no doubt of the right of the legislature to resume the power at any time, for it can neither be taken away nor abdicated.’ Senate Rep. 1st Sess. 43 Cong. No. 395.

“From this review, in which we have been assisted by the laborious research of counsel, and which might have been greatly expanded, it is seen that from the formation of the government until now the practical construction of the clause has conceded plenary power to the state legislatures in the matter of the appointment of electors.” McPherson v. Blacker, 146 U.S. at 35. (Emphasis added.)

Read the law. Don’t make it up on your own. That goes for everyone. Any State Rep. or Senator who denies their power is ignorant or lying, no other options exist. There’s no wiggle room.

The Elections are void which took place in Pennsylvania, Michigan, Georgia, North Carolina, Arizona, Wisconsin & Nevada, because those States represented that they were too close to call after Election Day ended, and they kept counting, and counting, and finding more ballots, and counting. Whereas the law is clear, in that the state must “consummate” the election on Election Day. That was the unanimous holding from the Supreme Court in Foster v. Love (1997).

3 U.S.C. § 2 kicks in when 3 U.S.C. § 1 is breached. The two sections work together. They are unambiguous, as is the Constitution, as is the legislative history. These are anti-fraud statutes, perhaps the two most important federal election laws that we have. They are surely the most unambiguous textually in our election code arsenal. And yet, they are rarely ever mentioned. Because they are rarely needed. But now we see why they exist.

The so called “safe harbor” of 3 U.S.C § 5, is unconstitutional vs. the plenary authority of State Legislatures. Mcpherson was decided 5 years AFTER the toothless “safe harbor”. McPherson is the controlling law.

The “safe harbor” is not enforceable, but electors must vote on December 14th. The McPherson holding makes that crystal clear. But the place where electors meet, and the choosing mechanism is entirely controlled by the State Legislatures.

It was for moments of such grave importance that the Framers put so much faith in State Legislatures. They are local. You can look them in the eye. That is federalism defined.

Why have these people become politicians?

Why did our ancestors storm Normandy?

You will concede the point. It’s a time for bravery. If we don’t follow the law now, there will be no more law to follow.

The State Legislatures have to make the call. They choose. The State appoints electors chosen by them. But the State’s role is purely ministerial. The Legislature is paramount at all times. If they like what they see, they alone certify the choice. If they don’t like what they see, they don’t certify the choice. It’s that simple.

The States have enacted election codes and provisions in their constitutions, but as to Presidential Elections, those laws are not binding whatsoever on State Legislatures. Fact. It’s your call. It’s perpetually your responsibility. It’s all on you. Full stop. You own it. You can’t run.

I know it’s hard. But so many have died, or been maimed, imprisoned, tortured, humiliated and triumphant over all of it just to give the State Legislatures this power. The power to determine who holds the Executive Branch. What an awesome responsibility. What an honor.

You have been entrusted with this power. It will all work out, no matter which electors you choose… as long as you do face the nation and assert plenary authority, one way or another, for posterity to judge.

Assert your power. Make the call. Don’t shrink from it. Don’t put it on somebody else. You campaigned like you wanted it; like you could be trusted with it. Here it is.

“REDACTED” v. PENNSYLVANIA, Et al

Below is the Bill Of Complaint which was attached to a Motion For Leave To File. You can’t just file an original jurisdiction action with the Supreme Court. They have to allow you to file. The Legal Argument document is 34 pages long. We will post a PDF here later this weekend as to arguments made establishing jurisdiction, standing and the cause of action.

Study the Bill of Complaint and the relief sought now. Consider this a primer for the Legal Argument.

The Court is being asked to correct a violation of equal protection. The remedy sought is a Declaratory Judgment that those seven States held failed elections which are void. The complaint is true, that by extending elections past Election Day, those States gained more power, for their officials and their voters, in determining the fate of the Executive Branch of our national Government, and each will receive the benefits of political favor in kind. This is not equal protection. States that ascertained electors prior to midnight – as per the unanimous holding in Foster v. Love – obeyed the law, regardless of whether they accepted ballots by mail after Election Day ended, because they consummated the election on time, yet they have no power now. The Defendants held out until they could see what was needed. Whether that grace period was intentional or negligent is irrelevant. They created dangerous conditions in violation of the words and spirit of federal laws enacted to protect us from the stain of illegitimacy over our elections.

The complaint also requests a declaration that 3 U.S.C § 2 controls now, which will kick the decision back to the State Legislatures, where it belongs under our system of law.

19 Responses to “BILL OF COMPLAINT Just Filed At SCOTUS: Presidential Elections Are Void in PA, Et al”

  1. Leo:

    There is a 404 error

    Have a great day! Hugh Frankfort, Kentucky

  2. I think Alaska did not finished on Election Day either. Alaska was also counting ballots for several days.
    https://apnews.com/article/election-2020-virus-outbreak-alaska-elections-05d8c0e3e832cc6496ac1e9c0c194819

    I would reword this portion: “by returning the corrupted 2020 United States Presidential Election to a renewed status under color of federal law.” Maybe remove the word “corrupted” and say that return the 2020 United States Presidential Election to its proper status under the color of federal law.

    Otherwise, good luck. I thought someone was going to make this argument sooner.

  3. Both the Arizona and Pennsylvania state legislatures are in recess until January. Only way to pass any kind of resolution is with a special session called by the governors.

    • naturalborncitizen Says:

      State law is irrelevant. The Constitution doesn’t mention “special session”. A resolution is just one device. They could do it by telephone conference, in person over pizza or at the beach. State law has no authority over them whatsoever.

    • I would suspect that if the SCOTUS ruled against the legitimacy of their elections then the governors just might see fit to take action if they assume any responsibility at all.

  4. This is definitely not a case of “too little, too late” since this is NOT ‘too little’. Instead, it’s HUGE! And best of all it’s as plain and clear as black and white. Will the SCOTUS ‘bother’ to exercise their influence to enforce the Constitution? That is the question that we are going to find the answer to for better or for worse…which would be ‘worst’ in this case.
    As for ‘too late’, well that is in the mind of the deciders on the court. But constitutionally their timing is not relevant, although it definitely is sociologically….and politically. Having a treasonous replacement administration be sworn in and then judicially deposed would be an event no one would ever forget…and some losers would never get over it.
    The ‘good’ thing is that the suspense won’t last long and we’ll either finally see some victory or further victimhood at the hands of the seditionists.

  5. Debi Orr Zeiger Says:

    It is our duty to abide by the laws set by our forefathers. Let us take back our country and just do what is right before we have no rights at all! God bless America and God bless President Trump!

  6. A little nautical birdie sent TGP a tip earlier today. Sort of like via a flag hoist saying, hey over here, take a look at this. And they now have published this. See: https://www.thegatewaypundit.com/2020/12/legal-scholar-argues-states-undecided-winner-presidential-race-midnight-election-day-acted-outside-constitution-results-therefore-void/#post-comments The birdie also tipped TGP about the filing at SCOTUS too. But I think they are waiting to see it on the docket before reporting on that. Keep up the good work. CDR Kerchner (Ret), Lehigh Valley PA USA

  7. Allen Donow Says:

    If it is appropriate to contact SCOTUS Clerk, what message should be communicated?

    • naturalborncitizen Says:

      I’m not asking folks to contact the Clerk. I believe it will be docketed according to law. I followed the Rules. They will docket it. Have faith.

  8. State of #Texas Files Lawsuit with U.S. #SupremeCourt Challenging Election Procedures in Georgia, Michigan, Pennsylvania and Wisconsin: https://www.thegatewaypundit.com/2020/12/texas-files-lawsuit-supreme-court-challenging-election-procedures-georgia-michigan-pennsylvania-wisconsin/

  9. […] was inspired by the Texas effort (filed three days after mine), because they raised awareness of 3 U.S.C. § 2, and the concept of vote debasement (both […]

  10. […] can do is set the time presidential electors must be appointed (see the federal Election Day statute) and when electors must meet and give their ballots.  My previous report on the timing proved […]

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