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  • Robert J. Borer

the duty of the speaker & unconstitutional love affairs

Updated: Dec 1, 2022

Dear Senator (AG-elect),

I hope this letter finds you well and in good spirits.

I'm writing in regard to our "elections."

I strongly recommend you read this short document in its entirety (not at the moment though, please come back later):

In it, Bev Harris, author of the book Black Box Voting, talks about filing an antitrust complaint with the DOJ that later resulted in action against ES&S. It's a short and excellent read.

Speaking of her book, you can find it in its entirety here (it contains lots of ES&S history—bad history):

Here's an excerpt:

According to The Wall Street Journal, in the 2000 general election an optical-scan machine in Allamakee County, Iowa, was fed 300 ballots and reported 4 million votes. The county auditor tried the machine again but got the same result. Eventually, the machine’s manufacturer, ES&S, agreed to have replacement equipment sent. Republicans had hoped that the tiny but heavily Republican county would tip the scales in George W. Bush’s favor, but tipping it by almost four million votes attracted national attention. “We don’t have four million voters in the state of Iowa,” said Bill Roe Jr., county auditor. Todd Urosevich of ES&S said “You are going to have some failures.”

Also, at the end of this letter is a set of links to SoS and Legislative documents that I dug up, trying to get some history on voting machine politics in this state. (My copies of those documents are well highlighted.)

Having said/shared all that, I wish to back up.

I hope you're aware of what's going on in our country.

History is very near to repeating itself.

Our nation is a powder keg that is about to explode. Much like our founding fathers when they set out to dissolve their political bands with the Crown.

What is the issue? The same as it was then...the unalienable right to self-government.

We the People, across this state and nation, are being no less denied this right...because we are being denied the necessary means of self-government—transparent and verifiable elections.

In other words, we have no reason to believe we have true representation.

It's a no-brainer. It goes without saying. A facade of consent is not the same thing as consent.

An election without all the components of a real election is not an election. It is an act of tyranny. It is an act of war upon a fundamental God-given right.

A long series of such acts constitutes “a long train of abuses and usurpations.”

Just to be clear, consent doesn't simply consist in secretly filling in an oval next to a name on a ballot. It also consists in having that oval counted fairly and publicly.

That’s right. Publicly. Counting votes is not the secret affair that casting votes is. Counting votes is, of necessity, a public affair. The reason is obvious. And those who would turn it into a secret affair must be regarded as subversives, or worse.

When government repeatedly refuses to give We the People access to our ballots, or to an honest copy of them, or to any of the machine data behind "tabulation," or to anything that would enable us to verify the "results" of our elections, we are getting very near to what I said above—history repeating itself.

(Before moving on, let me be clear about one other thing. The honest election of any individual does not mean said individual has our carte blanche consent.)

What am I saying?

I’m saying an election that is not publicly verifiable is not publicly CERTIFIABLE. Period. End of story.

I'm saying you have a duty, per the Constitution you swore an oath to:

NE State Constitution Article IV-4. Election returns; canvass by Legislature; conduct of election contests. The returns of every election for the officers of the executive department shall be sealed up and transmitted by the returning officers to the Secretary of State, directed to the Speaker of the Legislature, who shall immediately after the organization of the Legislature, and before proceeding to other business, open and publish the same in the presence of a majority of the members of the Legislature. The person having the highest number of votes for each of said offices shall be declared duly elected... See annotation: Canvass of returns of election for officers of executive department must be made by the Legislature. State ex rel. Caldwell v. Peterson, 153 Neb. 402, 45 N.W.2d 122 (1950).

The Legislature is responsible for canvassing and verifying the returns for officers of the executive department. Canvassing the returns. Not rubber-stamping them.

Executive branch members do not get to canvass and verify their own returns, or those of their successors.

Again, an election that is not publicly verifiable is not publicly certifiable. Neither you yourself, nor anyone else, can verify anything with regard to the recent primary and general "elections," both of which played a role in the "election" of our next governor, AG, Secretary, etc.

The conduct of these "elections" was unconstitutional.

It is not incumbent on We the People to prove fraud. It is only incumbent on We the People to hold government accountable to transparency.

It is incumbent on government to be transparent and thereby prove there is no fraud, which "they" refuse to do.

This refusal to be transparent tells us all we need to know. Criminal activity is going on (at our expense and to our detriment). There’s no other reason for secrecy in this context. And if no one in government cares to do anything about it, it falls to We the People "to alter or to abolish."

A government that repeatedly refuses to do its duty, that repeatedly refuses to be transparent (when there is no reason for secrecy), that repeatedly refuses to be accountable to We the People, must be regarded as tyrannical and a serious threat to ALL our other rights.

What am I saying? I’m saying that anyone who partakes in the pending “certification” must be regarded as a traitor. Yes, a traitor.

I’m also saying that everyone who took an oath and refuses to interpose, like this man did: (2 min video) ...or like this woman did: (2 min video) must also be regarded best, a coward, and at worst, a traitor.

These are serious times.

We should take a moment to analyze what brought us here.

Obviously there was a lack of watchfulness on the part of We the People.

But that lack of watchfulness in no way excuses waywardness on the part of government.

That waywardness is government's own fault.

So I'll put it bluntly. We are here because Gale (our former Secretary) and Evnen (or present Secretary) both sold us out for immoral and unconstitutional love affairs.

Our State Constitution (I-22) says, "there shall be no hindrance or impediment to the right of a qualified voter to exercise the elective franchise."

State statute (32-207) says the duty of our county election officials is to administer "fair and open elections free from outside influence."

Instead of enforcing those laws, Gale and Evnen have both acted in opposition of them. They have both served as direct hindrances and impediments to We the People exercising our elective franchise. They have both served as primary sources of subversive outside influence in our elective franchise.

Both have engaged in unconstitutional contracts (at great expense to We the People) with a private predatory company of unknown/secret ownership for the purpose of having that company "manage" our county elections and “count” our votes in secret using secret software.

There may be laws that prohibit felons from voting, but there are no laws prohibiting felons from owning vote-counting companies and/or “counting” votes. (Hence the need for transparency in ownership.)

We all know the old saying, it’s not who votes, but who counts the votes (and how they count them).

By contracting with this secret predatory company, Evnen followed Gale’s lead and continued the subversion of local election control and integrity and the imposition of dependency on very expensive (but very cheaply built) s-election machines that none of our counties understand and most of our counties cannot afford.

Evnen continued Gale’s hijacking and centralizing of our county elections, which only make it very easy for bad actors to manipulate votes and inject fraud state wide.

No one, not Gale, not Evnen, nor any of the other people involved in the process of selling us out to ES&S asked any critical questions about the company or their machines…not about ownership, reputation, history, error rates, election results verification, supply chain security, place of manufacture, longevity/maintenance needs/costs/guarantees, etc., etc.—nothing.

Neither Gale nor Evnen could wait to indulge in an unconstitutional love affair with the machines, because, well, they were both just plain lazy, or worse (who knows what kickbacks they got).

Here’s the sad part.

These machines were/are totally and completely unnecessary. They are an obscene waste of multiplied tens of millions of hard-earned NE taxpayer dollars.

Quoting a 2017 task force paper put out by Gale:

Tabulating paper ballots by hand for each candidate and issue is the oldest tabulation method since the switch to the secret ballot in the late 1800s. Although this method is archaic, it has continued to be used through modern times. Notably, the Dutch government will be counting all their ballots for the 2017 election by hand amidst fears of election hacking. ... Hand counting paper ballots takes a significantly longer period of time [not if decentralized and done at the precinct level] than employing optical scanners. In addition, hand counting results in higher error rates than using optical scanners [we don’t know what the error rates of the scanners are, and hand counts are error free when done under HD video so anyone and everyone can verify]. However, the major advantage of hand counting is that it is not prone to computer hacking concerns … Hand counting is comparatively cheaper [much cheaper] than all of the costs associated with utilizing electronic machines, despite the increased labor needs.

Moving on to another unconstitutional love affair.

Evnen also has an unconstitutional love affair with mail-in voting. He would love to go to all mail-in voting, because, again, he's lazy.

There’s just one very serious problem with mail-in voting. There’s zero chain of custody in it. In a court of law when evidence breaks chain-of-custody, it is no longer admissible. Why should our vote be treated with any less respect?

Nevermind the unlawful electioneering that takes place through mail-in voting……or the unreliability and untrustworthiness of the USPS. (Save this article for later reading:

The fact of the matter is, we don’t have a public servant in the Secretary’s office. We have a liar, an abuser, an oath-breaker, a traitor and a con man (endorsed by the RINO swamp, no less).

When Evnen told KETV back in April that he had conducted an investigation into the 2020 election, I called his bluff with a formal Public Records Request (for a copy of his investigative report). Turns out he was blatantly lying.That’s when my friends Patrick Peterson and Jonathon Goodro decided to make this great video: (2 min)

The fact of the matter is, Evnen doesn’t care about the people of Nebraska or election integrity.

The fact of the matter is, our elections are secret in ways they should be open, and open in ways they should be shut. And Evnen supports these perverted inversions.

Articles like this one are being written by others (I wrote the above before I read the following):

Here's the bottom line, Senator.

Government has lost its way. Most have sold out. They no longer work for us.

We the People need someone in government to fight for us. We need someone to keep their oath. Just one person. That's all we need (in order to resolve this peacefully).

Will you be that one?

We the People will stand behind you. We the People will stand beside you.

More importantly, God will stand behind you, beside you and inside you, if you choose and act righteously.

Please consider carefully and prayerfully what I've written. Things are getting bad.

I'll leave some excellent additional resources in the postscript.

Sincerely and respectfully,

Robert J. Borer



Clint Curtis, a Democrat and election integrity advocate, testifies to vote-counting software that manipulates votes. (3 min):

Bennie Smith, a Democrat, a TN election commissioner and an election integrity advocate, talks about weighted elections and fractional vote-counting software. I spoke with him directly and he told me this software is ubiquitous. (5 min)

Invisible Ballots Trailer. Speaks to machines that don’t leave a paper trail…but our ballots may as well be invisible when we can’t get access to them. (2 min)

From Bev Harris (another Democrat) on Trump: “Frankly, although the media kind of sat on [Trump] pretty hard for saying he wouldn’t necessarily accept the results, it is ridiculous to say that a candidate or the public has to accept votes it can never verify,” she says. “We absolutely have the right to verify the count and to verify the results we are told are true.”

Here’s an important quote from Bennie Smith on election verification: “The core problem for our fragile elections framework is secrecy: withholding from the public the evidence needed to authenticate whether results are true.”

From Joan Brunwasser on verification, co-founder of Citizens for Election Reform (CER). "Our goal: to restore fair, accurate, transparent, secure elections where votes are cast in private and counted in public. Because the problems with electronic (computerized) voting systems include a lack of transparency and the ability to accurately check and authenticate the vote cast, these systems can alter election results and therefore are simply antithetical to democratic principles and functioning."

An outstanding article from Kanekoa, with more information and videos:

2017 task force report

2016 special committee hearing,%202016.pdf

2009 amended plan

state hava plan

Machines expenses just since 2017 (and these are just the base contracts, there are additional expenses):


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