by Sharon Rondeau
(Nov. 26, 2020) — Late Wednesday night, Attorney Sidney Powell filed what she said would be a “massive” and “shocking” lawsuit in the U.S. District Court for the Northern District of Georgia naming Gov. Brian Kemp and state election officials as defendants for the manner in which the November 3 elections were conducted in the state.
At 104 pages long, the suit claims that a myriad of legal and constitutional violations occurred which Powell said purposefully produced enough votes to award the state’s 16 electoral votes to Democrat presidential contender Joe Biden over President Donald Trump.
The suit, CJ Pearson v. Kemp, is brought on behalf of two Georgia Republican Party officials and six Georgia Republican electors to the Electoral College, which is scheduled to meet in the nation’s 50 state capitals on December 14 to cast their votes for president, as outlined in Article II, section 1, clauses 2 and 3 of the U.S. Constitution.
Among Powell’s complaints is the allegation that 96,600 mail-in ballots were included in the tabulation without attribution to the specific voters requesting them. “…incontrovertible evidence Board of Elections [sic] records demonstrates that at least 96,600 absentee ballots were requested and counted but were never recorded as being returned to county election boards by the voter,” Powell wrote at the top of page 10. “Thus, at a minimum, 96,600 votes must be disregarded. (See Attached hereto, Exh. 9, R. Ramsland Aff.),” (emphasis Powell’s).
According to the Georgia Secretary of State’s website, Biden won the presidential election by 12,670 votes, or by .26%. Secretary of State Brad Raffensberger is a defendant in the suit.
On November 7, before all votes received on Election Day were counted in Arizona and several other states, the mainstream media “projected” Biden the winner of the presidency, after which he began forming his would-be cabinet in anticipation of his inauguration on January 20, 2021.
Powell, who does not represent the White House or the Trump campaign, has said that Trump “won by a landslide,” seconded by Atty. L. Lin Wood, a Georgia registered voter who filed his own challenge to the means by which absentee ballots were handled in his state. That case is now on appeal to the 11th Circuit Court of Appeals.
On page 103, Wood is listed as plaintiffs’ counsel in the case along with another Georgia law firm and others.
On page 11, Powell said that in regard to the handling of “absentee ballots,” “Election officials failed to verify signatures and check security envelopes. They barred challengers from observing the count, which also facilitated the fraud.”
Further, in item #20 on the same page, Powell cited O.C.G.A. § 21-5-552 wherein the legislature determined that an “election contest” is viable when “Misconduct, fraud, or irregularity by any primary or election official or officials sufficient to change or place in doubt the result;”…and/or “When illegal votes have been received or legal votes rejected at the polls sufficient to change or place in doubt the result…”
On the following page, Powell concluded that “all of the above grounds have been satisfied and compel this Court to set aside the 2020 General Election results which fraudulently concluded that Mr. Biden defeated President Trump by 12,670 votes.”
Powell on pages 20-21 laid out the statute by which absentee ballots’ signatures are to be double-checked against information on file and that the “day and hour” of receipt of absentee ballots are to be recorded on the envelope, with the clerk “signing or initialing his or her name below the voter’s oath.”
The “registrar or clerk” is then to be noted “on the numbered list of absentee voters prepared for his or her precinct,” according to the statute.
Under item #45 on pages 19-20, Powell enumerates the “Grounds for Contest” of an election, which include “when the defendant is ineligible for the nomination or office in dispute.”
Many Americans believe that Biden’s vice-presidential nominee, Sen. Kamala Harris of California, does not meet the “natural born Citizen” requirement in Article II, section 1, clause 5, as at the time of her birth in Oakland, CA, both of her parents were in the United States on student visas or extensions thereof and were therefore not U.S. citizens. That argument was not proffered in Powell’s lawsuit.
On page 22, Powell challenged the validity of a March 6, 2020 settlement agreement between Raffensberger’s office and the Democratic Party of Georgia, Inc. which administratively changed the signature-verification requirement the legislature put forth. The agreement, Powell wrote, ” The Administrators delegated their responsibilities for determining when there was a signature mismatch by considering in good faith only partisan-based training – ‘additional guidance and training materials’ drafted by the Democrat Party Agencies’ representatives contradicting O.C.G.A. § 21-2-31.”
Item #60 on page 25 states that a “rule” issued from Raffensberger’s office in April altered the statutory procedure for when absentee ballots can be opened. While the law states that they may not be opened until “After the opening of the polls on the day of the primary, election, or runoff,” Raffensberger’s “rule” permitted the opening of absentee ballots “up to three weeks befoe election day,” [sic] Powell wrote.
“There is no reconciling this conflict,” Powell wrote on page 26.
As was claimed by the Trump campaign in Pennsylvania, Powell wrote that a “lack of meaningful access” to observers during the ballot-counting process ensued such that it “invited further fraud and cast doubt on the validity of the proceedings” (p. 96).
As for the “relief sought,” Powell wrote that “mail ballots” from the November 3 election should be disqualified or that “Alternatively, the Presidential electors for the state of Georgia should be disqualified from counting toward the 2020 election.” For the latter, she cited 3 U.S.C. 5:
Two other alternatives are proffered on page 99. On pages 100-102, Powell asks the court to issue 14 orders, including that a “decertification” of the election results; that all Georgia voting machines be “impounded…for expert inspection by the Plaintiffs”; and a “Full Manual Recount or statistically valid sampling that properly verifies the signatures on absentee ballot envelopes and that invalidates the certified results if the recount or sampling analysis shows a efficient number of ineligible absentee ballots were counted;…”
As of press time, a second “hand” recount is under way in Georgia at the request of the Trump campaign.