CHRISTOPHER
EARL STRUNK
593
Vanderbilt Avenue #281
Brooklyn, New
York 11238
631-745-6402
email: christopher@strunk.ws
December 25,
2007
Sheldon Silver,
Speaker
of
the NYS Assembly
250
Broadway
Suite 2307
New York, NY 10007
212-312-1420
speaker@assembly.state.ny.us
Joseph L.
Bruno, President pro tem
of
the NYS Senate
Albany
Office
Room 909
Legislative Office Building
Albany,
NY 12247
(518)
455-3191
bruno@senate.state.ny.us
Reference: U.S.
v. NYS BOE NDNY 06cv263 (Judge Sharpe)
Subject: New York compliance under HAVA
“law
of preemption”
Gentlemen,
I seek State Legislative action under the authority of
Federal Constitution Article II Section 1 regarding
substantive due process to resolve the vexing legal
construct referenced in the above subject; and as
inadequately expressed in the transcript of the hearing
(PDF attached to the email transmission) before the
Honorable Judge Sharpe on December 20, 2007 now with a
return hearing date using the so-called “Zalen Plan” set on
January 4, 2008. I am more than just a citizen with passive
concern, I am an active Federal litigant since 1999 in
various cases one of which 00cv7177 before the Honorable
Jack B. Weinstein, resolved on appeal that I may challenge
the seating of the State Electoral College for the
Presidential Elections when done in sufficient time to
allow the legislature to resolve plenary matters under the
aforementioned federal protection.
In
just the same way as “Christmas” per se is not a religious
holiday, in fact is a New York secular tradition of
Dutchmen in New Amsterdam (a/k/a New Jerusalem, and a/k/a
New York), the October 2002 Help America to Vote Act (HAVA)
enactment is not what it seems either. HAVA regarding greed
is private industries’ grab at the national elections
bottom-line with intent to remotely control the outcome of
Presidential Elections separate and apart from the powers
of any State Legislative action, notwithstanding the 1804
enactment of the 12th
Amendment, is
done in consideration of the equal protection provisions of
the 14th
Amendment. In
the matter of unchecked greed, unlike New York neither
Congress nor most State’s legislatures have a “Lobby Day”
lobby law to register and restrict the buying and selling
of legislative favors. And as such New York is ahead of the
Nation in that regard, and has the NYS BOE doing thorough
due process associated with HAVA. Our legal structure of
“Home-rule" safeguard, absent elsewhere, provides
individual sub-division firewall protection against spread
of vote fraud that serves real property taxpayers and
citizen voters within each home-rule entity; such rule of
law must be respected and upheld. So what is to be
done?
Both Gentlemen
know money rules the matters of both Christmas and HAVA,
and foregoing Christmas, let us deal with the nature of
HAVA. Let us scrutinize the so-called 2000 Presidential
Election “debacle” as characterized by Nassau County’s
legal counsel and Judge Sharpe in the transcript. So was
there a “Debacle? I contend NO, there was theatre and
Kabuki to sacrifice truth itself.
The
true root of HAVA is to be found starting in 1990 with the
so-called collapse of the Soviet Union to incorporate
Russia into the European Community as devised by the
Helsinki Accords in 1975. That under President George H.W.
Bush from 1990 onward, the Organization
for Security and Cooperation in Europe
(OSCE) created
the Parliamentary
Assembly (PA) in 1991
with authority to enforce uniform compliance for the
conduct of elections globally as if a one world government
was eminent. The OSCE – PA, CIA, Georgetown University
asset Mr. Clinton then promulgated the Dayton
Accords to divvy up
peripatetic voters of Serbia, and proceeded to monitor the
1996 elections in both California and Florida in a
self-fulfilling prophesy. During the 1996 mission, OSCE
profiled Florida voting irregularities and facilitated vote
fraud to defeat Representative Robert K. Dornan in
California using illegal aliens voting with impunity and
complicity of Congress and U.S. Justice Department, despite
Federal law to the contrary.
Therefore,
since 1996 the OSCE - PA and its Office of
Democratic Institutions and Human Rights
(ODIHR) now
questionably ubiquitous in our national elections, in
service of the European Union and seditious interests bent
on a North American Union, endeavor in my opinion to
transform the “great compromise” of the 1787 Federal
Constitution. The OSCE - PA after the manipulation of the
Florida 2000 returns, then in 2001 provided two
guardians
of
justice from the ranks of Liberation
Theology founder Fr.
Pierre Teilhard De Chardin S.J., Alcee Hastings and Hillary
Clinton, appointed by Congress to the OSCE - PA to impose
HAVA change over the conduct of Federal elections.
The facts
speak clearly that Mr. Gore did not even Win the electoral
vote in his home state of Tennessee, and that Mr. Gore
intentionally refused to ask for a statewide recount for
those votes cast in Florida. So where are we in regards to
the January 4, 2008 date for hearing the solution before
Judge Sharpe? I suggest that Mr. Lawrence Tribe following
the Bush v
Gore decision in
2000 would agree with Mr. Thomas Spargo on the other side
of the equation. That were the Florida State Legislature to
withdraw citizen privilege to vote for a respective set of
Presidential Electors there would be no further basis for
HAVA, since Congressional elections were not at issue, HAVA
is a sham. Therefore, we must proceed to preserve New York
State Legislative Article II prerogatives and citizen equal
protection- follows:
·
Allow the
February 5, 2008 State Political Party selection of
Convention delegates to proceed;
·
However, in
lieu of winner take all, legislate the election of the
State of New York’s Electoral College based upon majority
popular vote in each Congressional District (CD) of 29 CDs
for Presidential Electors elected separately on a CD by CD
basis by paper ballot in each CD counted at each Election
District under NYS Election Law, and
·
That each of
the remaining two (2) statewide Electoral votes shall be
cast by a majority vote of the entire legislature.
The
fact that the Legislature has already provided for disabled
voting with the absentee paper ballot aspect of existing
election law and is a paper trail under HAVA, as now done
by the State of Oregon, New York will comply with HAVA for
the $220 million. However, in the event that the so-called
Zalen Plan were to proceed otherwise after 2008, all the
State Subdivisions entitled to a Board of Elections within
must comply with the State Constitution, and in the matter
of entitlement 47 of 58 don’t comply for a Board of
Elections within. Further, other States have not properly
billed for HAVA funds using the Congressional definition of
“Voting Age
Population” (VAP), and
those N.Y. State complying Subdivisions entitled to a Board
within are also entitled to greater HAVA funds
redistribution from States having falsely billed the
Election Assistance Commission (EAC).
The
State Constitution regarding Subdivision
home-rule requires
regrouping existing towns to be entitled to a Board of
Elections within, notwithstanding the Consolidation
Law. Each such
home-rule Subdivision shall have at least two assembly
representatives coterminous within, and that only 10 of 58
existing Sub-divisions now comply notwithstanding NYC. NYC
shall comply with maximum population size under State
Constitution Article III Section 4 not to exceed the
“one-third
of senators” rule. NYC now
has 26 of 62 must not have more than 20 of 62, and that I
propose the return of Brooklyn home-rule is a workable
solution.
That I urge the
Honorable Gentlemen act expeditiously to eliminate need for
further judicial shenanigans after January 4, 2008 that
sounds poised to impose great expense and unequal
protection injury to real property taxpayers.
Sincerely
yours,
/s/
___________________________
CHRISTOPHER EARL STRUNK
cc:
The Honorable Robert K. Dornan