Corruption-fighting U. S. Senate candidate Andy Martin seeks Cook County Grand Jury probe of Chicago voting "irregularities"

ANDY MARTIN
“He Works for the People of Illinois”
Republican for U. S. Senator
Suite 4406, 30 E. Huron Street
Chicago, IL 60611-4723
Toll-free tel. (866) 706-ANDY
Toll-free fax (866) 707-ANDY
Web site: www.AndyforUSSenator.com
E-mail: mailto:AndyforIllinois@aol.com

January 17, 2008

Lynn McCarthy, Esq.
Assistant State Attorney
2650 S. California
Chicago, IL 60608
via fax (773) 869-5574

James M. Scanlon, Esq.
Chicago Board of Election
Commissioners
69 W. Washington
Chicago, IL 60602
via fax (312) 269-0003

with copy to:

Hon Lisa Madigan
Illinois Attorney General
100 W. Randolph Street
Chicago, IL 60601
via fax (312) 814-5024

Re: [1] Voting fraud/irregularities in U. S. Senate primary

[2] Freedom of information Request to Chicago Board

Dear ASA McCarthy and
Attorney Scanlon:

I am writing to express my reservations about your responses yesterday to the now agreed-upon voting irregularities in Chicago early voting locations. This is a two part letter: (1) asking for further review of the situation and an immediate grand jury appearance; and (2) submitting a Freedom of Information request to the Chicago Board of Election Commissioners ("CBEC").

I.

GRAND JURY ACCESS REQUEST

We agree (I assume these are the agreed facts) that the voting machines had programming glitches in them that caused votes to be cast if someone rested their finger on the touch screen for more than a second. Sequoia Voting and the CBEC have apparently known of these glitches for some time. Rather suspiciously, the surreptitious votes were cast in a Democratic Party race for President and in a Republican Party race for U. S. Senator.

These irregularities would have fallen most heavily on non-English-speaking voters who would have been confused by the pre-votes already reflected on the machine. Such problems violate the Voting Rights Act. As a strong supporter of minority voting rights I cannot let the matter rest.

The potential for these glitches has apparently been known for some time, but no one took action to remedy the programming prior to 2008, and no one disclosed this potential to candidates who engaged in pre-primary examination of the election machinery. Therefore at a minimum we have concealment and possible negligence concerning the conduct of an election. With intent we also have probable cause for criminal activity.

We do not know how many tainted votes were cast in the first two days, but in a close race these votes could be decisive. Thus, left hanging is (i) who decided to proceed with defectively programmed machines, (ii) what the Commissioners knew and when, and (iii) what the impact of these defective machines has been on a federal election and possibly even prior elections.

You appear content to assume the good faith of the CBEC and to ignore the potential that tainted votes were cast. On the contrary, on the record as it exists there is a rebuttable presumption of official misconduct and election fraud.

I also note again that the "rigged" votes came in two hotly contested elections of intense local interest, the presidential race (where Democratic ballots received an Obama vote) and Republican ballots where my opponent relieved a vote. Well. It is well known that a "Combine" controls state and local government in Illinois, and that the Combine supports Obama and opposes me (or supports my opponent).

I would like to testify immediately (i.e. pre-primary) about these facts before the Cook County Grand Jury concerning these irregularities. I believe there was fraudulent concealment in failing to disclose the potential problems to candidates and voters until I filed my complaint after voting had begun.

I also ask that we tally who cast votes and how many votes were cast during the first two days, so these votes can potentially be challenged and invalidated. Please advise me how to communicate with the Cook County Grand Jury concerning this matter, to whom I should address my request, and how it should be communicated (fax, mail, etc.) At a minimum the Grand Jury can conduct a thorough review and issue some form of report concerning what went wrong.

Government should be working to cast sunlight on activity that went seriously wrong, not seeking to sweep the matter under the carpet with incantations that "everything is fine now," when everything is not fine and answers are lacking.

II.

FREEDOM OF INFORMATION

I am formally requesting that the CBEC make available no later than the close of business tomorrow a full Freedom of Information file containing all documents, records and other forms of recorded information internally at the CBEC and between the CBEC and Cook County Clerk, Sequoia Voting Systems and any other agency concerning the programming problems with the Sequoia Voting Systems including, but not limited to, the touch screen/votes cast difficulties.

Respectfully submitted,

ANDY MARTIN

AM:sp