Dan Richard: Update on Voting Lawsuit

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Op-Ed

There is an update on the Voting Lawsuit I filed back in September. The State’s Motion to Dismiss was granted by the Court in citing a lack of  “standing” and a failure to state a claim by which relief could be granted. The following is my motion to reconsider the Court’s ruling:


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Memorandum of Law
Facts of the Case

1. The Plaintiff’s petition for an emergency hearing was granted, but the Court erred in ignoring the emergency and the Plaintiff’s due-process rights to present his expert witness to validate the emergency, viz: ignoring the state’s violation in both state and federal regulatory laws concerning the safety and efficacy of electronic devices exposed to election workers and the general public at-large, specifically, RSA: 659:42. OSHA regulatory law 29 CFR, section 1910.7, 1910.303(b)(2), and the expert report submitted in this case.

a) The Plaintiff’s expert witness testimony was denied, leaving the Court with no safety expert witness, nor was there any hearing of any experts for this Court to make a fair judgment of the Plaintiff’s claim.
b) Plaintiff’s claim was not permitted to be appropriately examined or validated by any experts for this Court to make a fair judgment regarding the safety and efficacy of the public.

2. The Court order cites in error; that “some of the devices have been altered such that they…

The entire pleading to have the Judge reverse his ruling is here.

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Dan Richard - Motion to Reconsider Revision 2

 

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