Emergency Motion to Preserve Election Results

On October 25th, Al Brandano submitted an emergency request to the court to prevent the State from allowing clerks to destroy election evidence (voter machine results) stored on AccuVote memory cards. The Secretary of State failed to ensure the retention of all memory cards for 22 months – such that cards were returned to the vendor and all results wiped.

I’m assuming the preliminary injunction has been unanswered or rejected because Al has submitted a request to the court for an emergency injunction ordering the Secretary of State to follow federal law and instruct the clerks to preserve the records for 22 months.

Plaintiff request the court for this extraordinary relief because the defendants have created a rule which allows for destruction of the federal election results. The statutory federal requirements  mandate retention of all federal election records for 22 months  per 52 U.S.C. §20701 Retention and preservation of records and papers by officers of elections; deposit with custodian; penalty for violation.

The request is blessedly short (for court documents) and available for review below. The previous request can be reviewed using the link above.

I find it fascinating that a citizen has to beg the courts to force the state to follow the law and that the state sees no interest in doing so – and perhaps the courts feel no desire to address, especially given the strange circumstances that continue to appear in every federal election.

Granite Staters consistently elect Republicans to state office. This year, by significant majorities, to all of them. Despite this, Democrats win every race for Congress. It makes no sense, but if legit, the data on the memory cards is essential (and if not)

Sending them to LHS Associates for recycling violates federal law. LHS ought to know this and return them, but it does not. If the SoS is not forthright and the courts are unwilling, what’s the next step?

The legislature has oversight and could craft election laws regarding NH to retain the memory cards from federal elections for up to 22 months or set requirements in state law for meeting or exceeding that time.

Clerks are already, per the SoS, responsible for the chain of custody. Make them and the SoS accountable for retention. Election integrity is, after all, the best way to signal to voters that you are serious about their rights and their choices and the transparency needed to ensure them.