Tim Canova Calls For a Revote

Brenda Snipes Committed Felonies And I Proved It In Court

 

 

I called for her criminal prosecution, nothing was done. Without any punishment for Snipes, I warned she would rig our 2018 election and other elections by rigging the software and throwing out ballots again. On Election night she got her revenge, reported a vote total for me that doesn’t pass the smell test. The only folks who believe this are those who are paid to believe it.

 

The recent election in Broward should be invalidated and both parties know it. But with perhaps a hundred million dollars in legal fees at stake, the lawyers will be committed to arguing for or against recounts of paper ballots, depending on who wins the machine recounts.

What’s needed to restore confidence is not a recount of tainted ballots, but a revote with 100% hand marked paper ballots counted by hand in public by the good citizens of Broward County, not by walking felons. 

 

Many people have asked how they can help. Here’s a message I sent to our supporters.

Thank you.

Tim

Help Us Continue Our Fight For Election Integrity

We have been fighting the corruption in Broward County for 3 years, 2 elections, and 1 Elections Supervisor Brenda Snipes. It’s taken the chaos in the FL Senate and Governor’s races to wake up the masses. We will not silence our voices just because people criticize what media outlet I appear on or what horse they have in which race. I haven’t been invited to appear on MSNBC, CNN, NPR or most other outlets because I don’t fit their narrative. Election integrity is a non-partisan issue we’ve been fighting for. Our supporters have been working tirelessly while the media, both political parties and every level of law enforcement have been asleep on the issue. Thanks to all who have worked for and are now joining our fight for election integrity and against the corruption of Snipes and her partner in corruption Debbie Wassermann Schultz.

As an aside, many people are reaching out asking what they can do to help. For the past two years, we have been fighting against a corrupt and abusive government elections department that has unlimited resources. We gave it everything, went into debt, and beat Snipes in court, yet nothing happened. Help us wipe out that debt so we can fight on and expose the corruption in Broward elections by donating here.

Thank you.

Tim

Florida Activists To Sue State Over Ballot Image Preservation

By Nina Sparling | November 9, 2018 | Link to WhoWhatWhy story

Election integrity advocates will take Florida to court over ballot image preservation as soon as possible — the latest in a myriad of conflicts contributing to post-election chaos in the Sunshine State. A group of plaintiffs is about to sue Secretary of State Ken Detzner (R) over his office’s failure to enforce legal requirement to preserve the digital image files of ballots cast. These records are crucial with the possibility of a recount in both the US Senate and governor’s races.

Nearly two-thirds of Florida counties failed to save ballot images during this week’s midterm election, says John Brakey, founder of AUDIT-USA, an election integrity advocacy group. Rather than keep the image files to use in potential audits, officials program the machines to destroy them.

In Florida, 64 counties — the majority — use ES&S digital scanners that take pictures of paper ballots. But the ES&S machines offer three options: election supervisors can program the scanners to save all images, save images only of write-in ballots, or destroy all images.

Local election officials tabulate results from ballot images — not the actual paper ballots.

“In a sense they’re the source document,” Susan Pynchon, a plaintiff in the lawsuit and director of the Florida Fair Elections Coalition, told WhoWhatWhy. “That’s what was counted. How can you destroy it?”

Federal law requires that counties hang on to paper ballots and their digital images for 22 months after an election. In Florida, election-related public record preservation is authorized by statute — like the federal regulations, the rules carry the weight of law.

Florida Secretary of State Ken Detzner

 

But in many counties, ballot image preservation hasn’t been happening.

Pynchon and Brakey attribute the inconsistency to inadequate leadership from the state: that’s why they pushed for a lawsuit. Brakey hopes the courts will clear the legal obligation for each county to preserve images in the event of a recount.

In the weeks before the election, the director of the Division of Elections, Maria Matthews, sent a series of emails to election supervisors statewide explaining the rules. She explained that where voting machines are programmed to capture images of ballots as they are scanned, “those images may be subject to retention requirements under the public records law.” She went on to advise supervisors of elections to consult city attorneys for specific details about retention and disclosure requirements.

Those emails were anything but satisfactory to Brakey and the AUDIT-USA team.

“They sent out bullshit instructions,” he said. “They told counties here’s the law — get with your city attorney and make a decision.” He expects the state will argue in court that it doesn’t have the authority to tell the counties what to do or how to administer their elections — despite clear federal law.

Pynchon sees a tactic to distribute — rather than accept — responsibility.

“By putting it back on each supervisor, it relieves the Division of Election,” she said. But given that federal law requires preservation, Brakey says, there isn’t much room for interpretation: counties that don’t save ballot images are breaking the law.

The lawsuit follows several weeks of work to engage election supervisors statewide about ballot image preservation. In response to the emails that Matthews sent, Brakey’s organization sent a letter of its own to all election supervisors in Florida. That letter explained the mandatory requirement to preserve ballot images.

Pynchon emailed all the election supervisors in Florida explaining the requirements: anything created in the course of an election must be preserved. She says the response was mixed: some supervisors were eager to come into compliance; others rejected the notion entirely. She has since filed public records requests for ballot images, records of votes cast and ballots logged, and any audit results.

But for votes already counted and ballot images destroyed, nothing can be done. As the possibility of recount looms large in Florida, though, ballot images could prove pivotal. The more documentation to cross-reference, the better.

“It shouldn’t end in a conspiracy theory,” Brakey said. “It should end in fact.”

My Op-Ed: I Warned Gov. Scott About Broward’s Election Swamp

By Tim Canova | November 9, 2018 | Link to Sun Sentinel Op-Ed

 

For two years, I have been warning that the Broward Supervisor of Elections office is a swamp of corruption. I’ve been urging Gov. Rick Scott to fire Supervisor Brenda Snipes, clean out the office and start criminal investigations. I’m sure Gov. Scott now wishes he had heeded those warnings.

In 2016, I took a leave of absence from Nova Southeastern University, where I am a tenured law professor, to run for Congress in a Democratic primary against Rep. Debbie Wasserman Schultz. After I lost by about 13 percentage points, I sought to inspect the ballots to verify the vote, as permitted under Florida’s public records law.

Unfortunately, Snipes stonewalled my requests for months, and I was forced to file a lawsuit in mid-2017. Early this year, Snipes admitted in a sworn videotaped deposition that she had destroyed all the paper ballots. Several months later, the Florida Circuit Court granted me summary judgment, and found that Snipes had violated numerous state and federal statutes, including some punishable as felonies with up to five years in prison.

 

 

Snipes has claimed there was no harm to the public because we could inspect the digital scanned images of the ballots. But there’s no way to inspect the software of the electronic voting machines that create those scanned ballot images. The software is “proprietary” — the private property of the software vendors hired by the supervisor.

Why would anyone run for office — or even vote — while we have this awful system of black-box voting with electronic voting machines that are inherently susceptible to hacking and software manipulation? I’ve come to believe the only way to have fair elections is to move to a system of 100 percent hand-marked paper ballots that are counted by hand, in public, by nonpartisan and trans-partisan teams of citizens.

Both before and after the court ruled against Snipes, I warned that if she were kept in office, there would be more official misconduct in elections. None of our law enforcement agencies — the Florida Department of Law Enforcement, the Florida Attorney General or the U.S. Attorney for South Florida — were interested in starting criminal investigations.

After Democratic Party leaders failed to support any investigation, I decided to leave the party and run again as a No Party Affiliation (NPA) independent candidate. I was very clear that I did not expect a fair election and that Snipes would likely try to punish me by rigging the election again. But I wanted to use the campaign to expose as much of the corruption in our elections as possible.

My recent campaign as an independent caught fire in the final weeks. We saw an upsurge in support when a Republican news outlet reported on a Republican poll that showed us in a dead heat with Wasserman Schultz, and the Republican candidate far behind.

In early voting, we saw an upsurge of new voters, especially young voters who don’t normally participate in midterm elections. Hundreds of volunteers stepped up, canvassers were knocking on 5,000 doors a day by the end, and we had volunteers at almost every Early Voting site and Election Day site, where we witnessed a steady stream of voters from across the political spectrum breaking our way.

On election night, Snipes’ office reported that I had received less than 5 percent of the vote, a vote tally so low it’s absolutely ludicrous. Somehow, we’re supposed to believe that I got half the number of votes in a general election than I received in a closed primary, and at a time when my name recognition was so much higher than two years ago.

Today, everyone is acutely aware of the problems in Snipes’ office. Both parties in Florida are responsible for this election nightmare. Neither was willing to stand up for the rule of law. Democrats took no heed when Snipes was photographed campaigning with Wasserman Schultz barely a week before the recent election. They should not be surprised that Republicans now suspect a rigged election.

Unfortunately, nobody seems to care about election rigging until it happens to them. But this problem is bigger than any candidate. It should concern all of us as Americans.

Sadly, I no longer trust any election result reported in Broward County. There needs to be an investigation of every election that’s taken place here. I call on Gov. Scott to do what he should have done many months ago: immediately fire Brenda Snipes and replace her with someone with integrity who is more interested in fair elections than in favoring particular candidates or parties.

Tim Canova is a professor of law and public finance at Nova Southeastern University in Davie/Ft. Lauderdale.

 

Many people have asked how they can help. Here’s a message I sent to our supporters.

Thank you.

Tim