Thursday, September 23, 2010

ANDY MARTIN asks Appellate Court to block Republican vote fraud

Andy Martin exposed in greater detail Tuesday how Pat Brady, Brien Sheahan and John Fogarty, jr. are committing criminal violations of federal law by using Andrew Heffernan as a stooge to conduct harassing litigation against political opponents. Martin asked the Illinois Appellate Court in Chicago to block further vote fraud efforts by Brady, Sheahan and Fogarty.



IN THE ILLINOIS APPELLATE COURT
FOR THE FIRST DISTRICT

Docket Number: 10-2726

ANDY MARTIN,

Appellant,

vs.

ILLINOIS STATE BOARD
OF ELECTIONS, et al.,

Appellees.


MOTION TO PRECLUDE REPUBLICAN PARTY ATTORNEYS
FROM PROCEEDING IN THIS COURT WITHOUT A BONA FIDE CLIENT

Illinois’ election laws are a virtual temple of corruption and accommodation to corrupt machine politics. Everything that can be done to deny democracy to the people of this state can be found in the Election Code.
One of the particular banes of democracy in Illinois is election "objectors” who are not objectors at all but merely shills/fronts/stooges for “election lawyers” who are surreptitiously paid by both political parties to hamstring their opponents with lawsuits.
While Illinois may be free to encourage corrupt practices as to state elections, Illinois is only an agent for the federal government when it conducts elections for federal office. Appellant is a legally qualified candidate for federal office (see attached). Legal status as a candidate is conferred by federal law, not by state election statutes.
Andrew Heffernan is a Republican Party shill. The Heffernan name pops up in court as a proxy used by Republican State Chairman Pat Brady (a former federal lawyer who should know better himself), Brien Sheahan ("General Counsel" for the Illinois Republican Party), and John Fogarty, Jr., a Republican factotum. Heffernan is a “party” to this litigation in “name only.”
On September 20th the ultimate absurdity and fraud of the Republican Party was exposed in circuit court.
Mr. Sheahan appeared and claimed he had “not been served” with the circuit court proceedings. The reason Sheahan had not been served was because the Election Code mandates service on the objector, not the attorney. Circuit court review is treated as an independent level of litigation.
In other words, Sheahan confessed he was not communicating with his “client” but that he was nevertheless there to “represent” someone who is not even remotely his bona fide client.
The terms of a bona fide attorney/client relationship are well known to this Court. They involve, at a minimum, client meetings, payment of fees, a written retainer agreement and appearances in court. On information and belief Heffernan satisfies none of these criteria.
Given that Heffernan did not authorize his attorney to appear in court on September 20th, and that Heffernan himself defaulted and did not appear, Appellant asks this Court to declare that Heffernan is not a party on appeal and that Sheahan and Fogarty may not further represent straw parties with whom they do not enjoy a documented bona fide attorney/client relationship.
There is a further criminal dimension to this controversy. Federal courts have been somewhat lax with their supervision of state elections for state offices. But elections for federal office are conducted under federal, not state, law even though the mechanics are conducted by the several states.
Federal law requires full disclosure, and bars both surreptitious receipts and expenditures by candidates or persons supporting or opposing federal candidates. What Messrs. Heffernan, Brady, Sheahan and Fogarty have been doing appears to amount to federal criminal activity, because it is designed to defraud both the State Board of Elections and the Illinois state courts as to who is really importuning, promoting and maintaining election litigation, see United States v. Mariani, 212 F.Supp.2d 361, 373-379 (M.D. Pa. 2002).
No court should tolerate lying and misrepresentation by officers of the Court concerning the true nature of who is paying counsel fees and who is trumping up lawsuits. Proxy parties are unlawful unless full disclosure is made to the tribunal.
It is regrettable that this is the first instance and first intermediate appellate court in Illinois that has now been asked to put an end to proxy litigation being orchestrated and paid for by the Illinois Republican Party (or by the Democratic party for that matter). But, better late than never, the issue is now sub judice.
Most respectfully, this Court is asked to enter an order awarding both Appellant and the appearance of justice in the judicial system appropriate relief.

DATED: September 21, 2010
Respectfully submitted,

ANDY MARTIN
PRINCIPAL ADDRESS FOR
SERVICE OF NOTICES:

ANDY MARTIN
NATIONAL LITIGATION CENTER
P. O. Box 1851
New York, NY 10150-1851
Toll-free tel. (866) 706-2639
Toll-free fax (866) 707-2639
E-mail: AndyMart20@aol.com (text only)

Additional courtesy copy (not principal address for service) requested to:

ANDY MARTIN
REGIONAL LITIGATION SUPPORT
30 E. Huron Street, Suite 4406
Chicago, IL 60611-4723

SERVICE OF NOTICES IS RESPECTFULLY
REQUESTED BY FAX OR E-MAIL

Additional e-mail address available
upon request

CERTIFICATE OF SERVICE

I certify I have served the parties as set forth in the Notice of Filing on September 21, 2010
ANDY MARTIN

1 comment:

info said...

That is quite an indictment of the activities before the State Board of Elections and the Court. The whole scheme should be undone so that it doesn't repeat...but then again Illinois does have that culture of corruption.