Why Primary Nominating Petitions Matter

Just when I think that it's over, something else pops up to remind me.  Fraud is fraud and who is watching our election officials?  With the recent convictions of two Democrats perpetrating voter fraud on behalf of Barack Obama in the 2008 Democrat Primary, I am reminded of the fraud that I uncovered at the Shelby County Election Commission in 2012 concerning a Republican Primary Petition.  Here is the background of what I found.

I finally received a copy of the voters that Mr. Holden considered as qualified voters for George Flinn, Jr's petition.  I met in person with Shelby County Election Commissioner Norma Lester at the Shelby County Election Commission office on Nixon Dr in Memphis on September 11, 2012.  Mr. Holden was present for the first part of this meeting.  Ms. Lester didn't appreciate that a member of the media was there ~not that it mattered because they left before we got to the proof that the signatures weren't qualified~.  Mr. Holden didn't have the documents that I had requested in my emails setting up the meeting with Ms. Lester.  My colleague who was with me, and who also filed a complaint with the State Election Commission, started by laying out the original petitions  and showing the irregularities among the checking of the petitions.  Since there are not guidelines for how the candidates' petitions are checked, Ms. Lester wasn't  interested in the differences of how the various candidate's petitions were that Mr. Holden signified by his signature that he did in fact check.  She said that she was concerned that there were actually 25 qualified signatures on the petition.

Mr. Holden then took us to a computer so that we could see the database that the staff used to check the signatures.  The requirements for signatures on the nominating petition are posted here.

According to the Shelby County Election Commission Website:

"Voters' Signatures. The nominating petition must be signed by at least twenty-five (25) voters who are registered in the candidate's house district, and the candidate. The signature of the candidate does not count towards the required twenty-five (25) signatures. Each voter who signs the petition must also supply his or her residence address as it appears on his or her voter registration records."

Since he had a meeting, Mr. Holden turned us over to Ms. Perkins so that we could look-up the voters whose signatures Mr. Holden had approved on Flinn's petition.  There were three voter signatures that we were questioning.  On the database that we had access to, these three signatures didn't match to addresses on their voter registration.  On the first voter, the current address matched the address on the petition.  When I asked Ms. Perkins when the address was changed, the computed showed that the address was changed in May which was after the April 5, 2012 deadline.  The same was the case for the 2nd voter on our list.  The third voter that we questioned, the computer showed that her address had been changed on April 5, 2012.  The excuse that Ms. Perkins offered and ~Ms. Lester agreed with~ was that it was really confusing with the redistricting and with candidates bringing in their petitions as such a late date.  At that point in the meeting, I realized that regardless of what the facts were, it didn't matter to the Shelby County Election Commission.

At the next election commission meeting, September 19, 2012, Commissioner Lester admitted that I was right and that two of the signatures on Dr. Flinn's petition weren't valid, but that it didn't matter.

From the September 19, 2012 minutes ~which weren't approved and posted until 5 months later~

"Commissioner Nollner requested that the record reflect a summary of Commissioner Lester's meeting with citizen Brenda Fowler. "Ms. Fowler registered a complaint alleging two signatures on a candidates petition were not valid. Commissioner Lester met with Ms. Fowler and in the course of the meeting it was noted the allegation was true that two signatures were in fact not valid, however there were enough valid signatures that the validity of candidate's petition was not in question." Ms. Fowler also alleged that there was a conflict with the state's website as to deadline of petition filing. Commissioner Lester stated that would be an issue for the State."

There you have it.  Two invalid signatures on George Flinn, Jr's nominating petition and the Shelby County Election Commission doesn't care.  Their "reasoning" is that because Flinn's petition had more signatures then  he surely had enough valid signatures.  The point is that Mr. Holden signified by his signing of Flinn's nominating petition that he found 25 valid signatures.  The truth of the matter is that Richard Holden signed an election document that was incorrect.  In my book, that's election fraud.  Apparently not to the Republican or Democrat Parties here in Shelby County.  How about with the voters?  Do we really care about elections?

What's Really Going on with the Shelby County Election Commission?

One has to wonder what is the motivation behind why Shelby County Election Commissioners Norma Lester and George Monger are putting on a show in getting rid of administrator Richard Holden.  From the WMC-TV website:

Embattled Shelby County Election Commission administrator Richard Holden gets to keep his job.

This comes after a brutal attack from Democratic commissioners who repeatedly questioned Holden's leadership over his staff.  The commission's three Republicans voted to keep Holden.

Last August, my interest was piqued when I had questions about the Primary.  Upon further investigations, I discovered several irregularities in the filing of the candidates petitions to be on the Primary ballot for the TN-9 Congressional seat.  Here are more details on what I found.  I personally met with Ms. Lester on 9/11/2012 at the Shelby County Election Commission offices and we discovered that two of the voter signatures that Holden approved on George Flinn's petition were invalid.  Ms. Lester excused them as "mistakes" without any investigation into whether Mr. Holden actually did his job and checked George Flinn's nominating petition or just signed his name to it 

After the events of today, I wonder if Ms. Lester and Mr. Monger really want to get rid of Mr. Holden or whether they want to keep him on so that they can blame the Republicans for the continual mess-ups in the Shelby County Elections.

Well, Ms. Lester and Mr. Monger; enquiringly minds want to know.  Why didn't you launch an investigation on Mr. Holden's actions back in April 2012?  I handed you evidence of wrong doing on Mr. Holden's part, but you did nothing with it

Don't think that I'm excusing the Republican on the Commission.  They were in CYA mode about the whole thing.  They are a microcosm of what is wrong with the establishment of the Republican Party; they don't want to do what is right, just what will give them power.  The interaction that I had with Dee Nollner and Robert Meyers left much to be desired  They weren't interested in finding out the truth either, in fact, Ms. Nollner was more interested in smearing me than in answering my questions.

Elections are vital to our Republic; we need to hold our election officials accountable.  The Shelby County Election Commission needs an overhaul.

Update #1:  I was looking for the Commission Minutes from the September 19, 2012 meeting where they put Holden on probation.  Couldn't find them.

Update #2:  The Shelby County Election Commission Meeting minutes from their September 19, 2012 meetings were finally approved and posted after five months.  The regular minutes are there where they admit that I was right, but that they didn't care, but the Minutes from the meeting where they put Holden on probation haven't been posted.  According to this tweet from Commissioner Monger, the September 19, 2012 minutes were held up because Commissioner Nollner wanted Commissioner Lester to falsify the minutes.  

@tnwahm were held up for 5 months b/c comm Lester as secretary was not willing to falsify the minutes as your republican commissioner wanted
— George Monger (@georgemonger) February 22, 2013

Debacle in the Shelby County August 2 Primary

There is something funny going on with George Flinn, Jr.'s petition that he filed with the Shelby County Election Commission so that he could be on the ballot for the August 2, 2012 primary.  Upon examination of Flinn's original petition, it looks like Mr. Holden ~Administrator of Elections~ did not check his signatures by noon on April 5, 2012 ~the deadline for petitions to be filed.~  It also looks like there was a date change on the form that Holden signed signifying that George Flinn, Jr. had 26 qualified signatures.  This indicates that Flinn did not meet the deadline for turning in his petition.  George Flinn, Jr. should not have been on the ballot for the August 2, 2012 Primary; therefore he should not be certified by the Shelby County Election Commission to be on the ballot as the Republican nominee on November 6, 2012.

This has been brought to the attention of the Shelby County Republican Party and they are ignoring it as well.  If they think that Cohen will not use this against Flinn ~if he remains on the ballot for November~ as an October Surprise; they are more than naive.  

 As Ms. Bergmann stated yesterday at the news conference "We do not live in a Banana Republic."  We are a nation of laws.  The cavalier way that the Shelby County Election Commission, the TN Secretary of State, the Republican Party of Shelby County and the media have treated this whole election process is unacceptable.  Who has the courage to stand up and cry "Foul!  Not on my watch!"  Do we really want to see change in Memphis and Shelby County?  Or is it just something we say because it sound good?

I am absolutely incensed.  Elections matter and the incompetence and probable fraud in the Shelby County Election Commission is unacceptable.  I’m tired of the “good old boy network” in Shelby County.  No wonder there’s animosity between the two major communities in Memphis.  There’s incompetency at all levels and those in “power” don’t care or listen to the complaints of the “other” side.  There is NO communication going on.  A prime example is how the August 2 Primary was handled and how errors brought to the attention of the Commission ~both State and County~ are being handled and swept under the rug.  

My curiosity was piqued when I was discussing the Primary election with a friend and I wanted to know about a specific date concerning one of the candidates for TN-9 Congressional district.  I went to www.Shelbyvote.com ~the Shelby County Election Commission’s website~ to look at the petitions filed by each of the candidates.  When looking at the different candidates petitions, I noticed that some were time/date stamped and some were not.  Knowing that the petitions had a specific time and date deadline for filing their nominating petitions with registered voters’ signatures; I decided to investigate further.  I went down to the office on 980 Nixon on August 13, 2012 and asked to see the original petitions filed by the candidates.  What I saw was glaring incompetence at the least ~good old boys network~ and possible vote fraud.  I received copies of the petitions and went home to study them further.  What I discovered is that Richard Holden did not check George Flinn, Jr.’s signatures.  Mr. Holden stated that there were 26 valid signatures, but it’s not clear whose signatures he was counting or excluding.  By looking at ALL the petitions filed and checked by even Mr. Holden himself, it’s clear that “one of these things is not like the other.”

I followed the protocol for filing a complaint with the Secretary of State’s office in Nashville and waited.  I attended the Shelby County Election Commission’s committee meetings and general meeting on August 20.  What I observed was the absolute breakdown of communication and CYA.  The commissioners certified the election w/o even looking at the stacks of info that was presented to them.  Mr. Monger and Ms. Lester brought up the incompetence of Richard Holden and asked for his resignation.  The Republicans on the Commission voted that down with the caveat that they wanted to see what the state audit had to say about it.  While I agree about not rushing to judgment ~which it’s apparent happens~ I agree with Mr. Monger and Ms. Lester about Holden.  He was the election official that I cited specifically in my complaint about the candidates’ filing petitions.  After the meeting I talked to both Mr. Meyers and Mr. Monger about what I had found.  Both said that they would look into the matter.  I emailed them both a copy of my complaint filed with the State that specifies the irregularities on the petitions and impressed upon them how important it was that they looked at the originals.  Mr. Meyers emailed me back and said that he referred the matter to the attorney.   Mr. Monger emailed me back and said that he would look into it himself.  I have not heard back from either them since. 

Meanwhile, one of the other voters that went down in person with me to see the petitions ~who also filed a complaint~ received a reply from the State informing him that she had looked into the complaint and called Sharon Logan at the Shelby County Election Commission office who verified that Dr. Flinn did indeed have 25 valid signatures.  Talk about the fox guarding the hen house.  Of course Ms. Logan is going to say that Dr. Flinn’s petition was correct.  This is why we originally filed the complaint with the state election office.  I want to know from Ms. Logan and Mr. Holden exactly which of those signatures were valid on April 5, 2012 at noon which is the deadline for filing.  

I've been interviewed by one local tv station.   I showed them my copies of the nominating petitions.  Both the reporter and the camera man acknowledged that they could see what I was talking about in reference to the petitions.  Charlotte Bergmann ~who lost the primary to George Flinn~ called a press conference to allow several of us citizens who filed complaints with the TN Secretary of State concerning the election to alert the local media.  We had one show up and she received a call from Bart Sullivan at the Commercial Appeal.  He's based in D.C.   He posted an article about it trying to make it look like sour grapes for Ms. Bergmann.  He called Mr. Holden from D.C. and asked him if the allegation was true.  Of course Mr. Holden denied it.

This is my response to Bartholomew Sullivan and the rest of the media.  

"Mr. Sullivan, have you even looked at the original petition filed by George Flinn, Jr. ~or any of the other candidates that were on the ballot~?  Or are you just going to take the word of an incompetent administrator?  Why is it that voters have to do the job of the Shelby County Election Commission, the Secretary of State of TN and the media?  This is a job of CYA by Richard Holden.  What do you expect him to say? “I didn’t do my job?  I am incompetent?  I signed an election document because my friend George Flinn, Jr said everything was OK.”   I witnessed the fiasco of the Shelby County Election Commission committee meetings and general Meeting on Monday.  Talk about a joke.  At least the Democrats on the Commission were willing to call Holden out on his incompetence.  

The facts are these:  Mr. Holden signed the form verifying that George Flinn Jr.’s petition had 26 qualified voters.  Mr. Holden never checked the petition.  I challenge ANYONE to go down to Election Commission offices at 980 Nixon and look at the original petitions of all the candidates for TN-9 Congressional District. .  It doesn’t take a rocket scientist to see that “one of these things is not like the other.” There was also a date change on the form that Mr. Holden signed among many other irregularities.

Mr. Sullivan; instead of pontificating from Washington D.C. on something that you haven’t even seen; why don’t you get yourself down to the Shelby County Election Commission and pull the original petitions yourself and do a little investigating.  Why don’t you ask Mr. Holden which of the signatures on George Flinn, Jr.’s petition are the 26 qualified registered voters as of April 5, 2012?"

These are some of the irregularities that I found when examining the ORIGINAL petitions filed by the TN-9 Congressional Candidates.  

1.       Although Holden indicated on the Nominating Petition Signature Verification Form that George Flinn Jr.’s nominating petition contained twenty-six eligible signatures and addresses, when the check marks are counted, they total up to only nineteen (19), well under the required twenty-five (25). The rest of the marks being minuses or indistinguishable. If this is the case, then George Flinn, Jr. should not have been placed on the Aug 2 ballot for the Republican primary. 

2.       I inspected the marks placed on the original nominating petitions by the officers of the Shelby County Election Commission while in the process of validating the names, registration, and district of each voter.  On all the other petitions, except for George Flinn Jr.’s, it is very apparent which voters were considered valid and which voters were invalid by the election officer.  This is not true of the marks placed on Geroge Flinn Jr.’s nominating petition. On his petition, which is validated and signed by Robert Holden, it is difficult to distinguish by the marks on the petition, which of the signatures Holden accepts as valid and eligible and which he does not.

3.       It is further noted that on all the other candidate’s petitions, including one that is also validated by Robert Holden, the verification marks and comments are made in the margin in red ink and the total number of valid signatures for each page are noted and circled at the bottom of each page. This makes it quite simple to add the circled numbers on each page of the petition and arrive at the total number of valid signatures.   There is no total of valid signatures notated at the bottom of any page of the petition submitted by George Flinn Jr.

4.       It is stated in the Shelby County Election Qualifying Procedures that the signature of the candidate does not count toward the required twenty-five (25) signatures Candidate George Flinn, Jr signed his own petition and that is not noted in the margin by Holden; however, on the petition submitted by Saulsberry ~which was also checked by Holden~ the candidate signed his as well and the notation “candidate” was noted in the margin.

5.       On the Nomination Petition Signature Verification page for George Flinn, Jr the Date Verified appears to have been changed from 4-5-12 to 4-4-12 by Richard Holden.

6.       Date on the form that the candidate signs stating that none of their relatives are serving as election officials appears to have been changed on George Flinn, Jr’s form from the 5^th day of April to the 4^th Day of April.

7.       Date on Sec 2-9-108, TN Code Annotated page was changed from 4-5-12 to 4-4-12 but the change was initialed by Hart. 

8.       Time/Date stamped on the petitions submitted by Rollin Wilson Stooksberry ‘s final signatures and on Tomeka Hart’s signatures were too late for the certified copy (which were given to the candidate when the petition was submitted) to have been filed at the State Election Commission in Nashville by noon on the 5^th of  April deadline as required in TN State Law.