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 BuildingAlbany, 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