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View Full Version : Solution to the Recount/Granny Problem




readyja
01-16-2008, 07:22 AM
The Grannywarriors need to file a lawsuit against the secretary of state in NH. The cost of filing a suit would be only 1-2k as I'm sure there are some lawyers that could draft the paperwork up free of charge in these forums.

A judge would almost certainly rule that, in light of the paper trail that shows the attempt to wire the funds on time, and evidence that the funds were in the account, that is was unreasonable for the SOS to halt the recount due to bank/institution error.

Use some of the 55k and get the lawsuit filed today.

slamhead
01-16-2008, 07:38 AM
The press release only says that the party must agree in writing to pay the cost. It says nothing about having the payment.

http://www.sos.nh.gov/recount%20press%20release.pdf

jaybone
01-16-2008, 07:54 AM
This could be a problem:
"According to the official letter that Albert Howard signed, the cost is $55,600 for the recount of approximately 240,000 ballots.
The Secretary of State must receive the money in the form of a certified check by 3 PM tomorrow January the 15th."

Without seeing the actual letter it is impossible to know for sure, but if he agreed in writing to pay in full by that stupid deadline, then by not delivering the funds it would constitute a breach of contract, he should have signed it also reserving his rights under UCC 1-207

That being said, there has to be some activist judges in New Hampshire, perhaps in the great white north where the real live free or die'ers live. I think we need to reach out to the freestate people and get their take on it. They may know of a district judge that would be in our camp, THAT is where the motion for injunction hs to be filed.

readyja
01-16-2008, 08:29 AM
Without seeing the actual letter it is impossible to know for sure, but if he agreed in writing to pay in full by that stupid deadline, then by not delivering the funds it would constitute a breach of contract, he should have signed it also reserving his rights under UCC 1-207

Here again, a judge would likely rule in favor of the party that attempted to make payment, but had the transaction stopped by a 3rd party that was beyond their control. If the SOS required that funds be submitted by wire, then they have also added to the case, since the only way to wire is to use a 3rd party.

gutteck
01-16-2008, 08:37 AM
[QUOTE=jaybone;973856]

Without seeing the actual letter it is impossible to know for sure, [QUOTE]


http://alberthoward.org/images/DEPT.%20OF%20STATE%201-14-2008.JPG

jaybone
01-16-2008, 08:38 AM
Here again, a judge would likely rule in favor of the party that attempted to make payment, but had the transaction stopped by a 3rd party that was beyond their control. If the SOS required that funds be submitted by wire, then they have also added to the case, since the only way to wire is to use a 3rd party.

I believe it is called Force Majeure, and yes it should apply here.
I am googling NH civil rights lawyers right now.

slamhead
01-16-2008, 08:52 AM
I don't think it is a civil rights matter, I think it is a basic case of contractual law. I think the point would be; did the secretary of state error in requiring payment by a certain time before the recount could proceed because the law states that only a letter agreeing to pay must be signed.

Redcard
01-16-2008, 08:57 AM
Well, they are bound by the time in question to get a recount. I mean, they, the state of NH , has to start a recount by X days after the election or it doesn't happen.

The question is going to be, can there be a "bill me later" option for the recount or not.

I think we're going to have trouble here regarding Paypal's status, though. Is Paypal a registered money transfer agent in the state where the Granny Warriors are,in New Hampshire, and in all the states where people sent money?

Nicketas
01-16-2008, 09:08 AM
....

gutteck
01-16-2008, 09:40 AM
I think it's worth looking into, quickly, then move on to Nevada.



Better delegate people to look into it and get it done and others focus on Nevada while others focus on California...

UtahApocalypse
01-16-2008, 10:04 AM
Unfortunately I think we missed the shot.

yongrel
01-16-2008, 10:08 AM
I believe there were quite a few people who accurately predicted the recount effort would be a waste of time and money.