R.I. State Board of Elections
50 Branch Avenue
Providence, R.I.
__________________________________________
Wilbur W. Jennings, Jr. :
Complaintent :
Vs. :06-
Leon Tejada and Providence Board of Canvassers, :
R.I. State Board of Elections :
Respondents :
__________________________________________ :
Motion for a New Election Based on Ballot Stuffing
Now comes Wilbur Jennings, a voter in Eighth Ward Democratic Primary, and a Candidate in the Election for Eighth Ward Democratic Council person, and moves that the R.I. State Board of Elections (1)void the Democratic Primary for the Eighth Ward Democratic Council Person and establish a date for a new Democratic Primary Election forthwith, on the basis there were 24 more votes on the voting machines than voters who signed voter applications in the Eight Ward Democratic Primary, which has only an eleven vote (11)discrepancy between Wilbur Jennings and his opponent Leon Tejada.
The vote of Wilbur Jennings was unconstitutionally diluted by the machine count of ballots which were not placed in the voting machines by eligible voters who signed voter applications on the day of the Elections.
The candidacy of Wilbur Jennings was thus unconstitutionally denied by ballots not voted by persons who did not signed voter cards, and the vote of Wilbur W. Jennings, Jr. was unconstitutionally diluted..
Wilbur Jennings was denied his Federal and State Constitutional and statutory rights by the improper voting procedures in the Democratic Primary for the Eighth Council person, as protected by the Due Process and 14th Amendments of the U.S. Constitution, as secured by the Due Process and Equal Protection Clauses of the State Constitution, Article I, §2, and by Article II, §1, and 2 of the State Constitution. Pursuant to statute and court holdings, administrative errors of election officials, which impact the outcome of an election and do not properly count votes, require a new election. See Griffin v. Burns, 431 F. Supp. 1361. (1977); Griffin v. Burns, 570 F.2d 1065 (1st Cir. 1978); See also Ayers-Schaffner V. DiStefano, 37 F.3d 726 (1st Cir. 1994).
Non voters should not be allowed to determine the outcome of an election.
Wilbur Jennings
By His Attorneys
___________________
Keven A. McKenna, #662
Keven A. McKenna, P.C.
23 Acorn Street
Providence, R.I. 02903
401 273-8200 Tel
401 521-5820
KevenM@McKennalaw.cc
September 25, 2006
Notice
Notice is hereby given that this motion shall be called for a hearing at the R.I. State Board of Elections, on Wednesday, September 27, 2006, at 4:00 p.m. as previously scheduled or as soon thereafter as counsel may be heard.
_____________________________
Certification
I the undersigned hereby certified that I emailed or mailed or faxed copies of the above motion to Robert Kando, Executive Director, R.I. State Board of Elections, 50 Branch Avenue, Providence, R.I. 02904, (Fax: 222-2324); Robert Marcaccio, Counsel to the R.I. State Board of Elections, 55 Dorrance Street, Providence, R.I. 02903 (Fax (401 861-2922), RAM@om-rilaw.com; and Angel Tavaras, Counsel for Candidate Leon Tejada, on Monday, September 25, 2006, addresses unknown.
_________________________________