• To: Boards of Supervisors and County Attorneys of the following counties in Arizona: Apache, Cochise, Coconino, Gila, Graham, Greenlee, La Paz, Maricopa, Mohave, Navajo, Pima, Pinal, Santa Cruz, Yavapai, Yuma

    Arizona Attorney General Kris Mayes

    Arizona Secretary of State Adrian Fontes

    Arizona Legislature

    Arizona Republican Committee

    From: The People of Arizona, Saints of Almighty God

    Notice to Cease and Desist

    Notice to Agent is Notice to Principal and Notice to Principal is Notice to Agent

    We, the People of Arizona, and of these United States come to you with this Cease and Desist Notice to inform you of your violation of the United States and Arizona Constitutions as well as multiple Arizona State Statutes.

    It is hereby demanded that you immediately cease and desist from the use of all contracted machines, systems and other computer programs, algorithms, machines, etc. which are an interference to the People's electoral process. Contrary to the prevailing practice, the current electoral processes have been a continuing inference of the People's elections as seen in:

    Arizona Constitution Article 2 Section 21- Free and Equal Elections. "All elections shall be free and equal, and no power, civil or military, shall at any time interfere to prevent the free exercise of the right of suffrage." [Emphasis added]

    The United States and The State of Arizona Courts of Record will find settled law in the case of [Miranda V. Arizona, 384 US 436 p. 491, which reaffirms, "Where rights secured by the Constitution are involved, there can be no rulemaking or legislation which would abrogate them."

    Government officials and officers have been given multiple notices and affidavits informing them that the People's Individual Constitutional Rights and electoral process are being trespassed, due to repugnant Legislative acts, statutes, rules, codes, policies and by way of maladministration. A list of these Legislative acts and statutes are as follows: [Federal and Arizona Administrative Act, Administrative Procedures Act, the[ Help America Vote Act of 2002 (HAVA)] and [Arizona Revised Statutes under Title 16 adopted based on the unconstitutional HAVA These legislative acts and statutes are a trespass doing harm to the People and are an absolute breach of the United States and Arizona Constitutions.

    The State of Arizona legislature codified [HAVA] by enacting [Arizona Revised Statutes Title 16] which further allowed the state's 15 counties to enter into unconstitutional contracts with corporations that own and operate the systems machines or devices as required by [HAVA and the Arizona Revised Statutes]. These same corporations, along with unconstitutional contractual agreements with Arizona's government (state and counties), remove the People's electoral process by requiring corporation's own personnel to manage the voting systems/equipment prior to, during, and after election day.

    Due to the corporations' use of proprietary property and/or confidential information, based on unconstitutional agreements, the People of Arizona are unable to observe Arizona's proper electoral chain of custody of the People's ballot. The State of Arizona's government, and

  • corporations contracted by them, remove the People's ability to observe the counting of ballots, thereby subverting the chain of custody. This is an interference with the Arizona constitutional requirement of free and equal elections.

    Therefore, the People of Arizona are disenfranchised. This disenfranchisement must cease and desist immediately. All Arizona elections are to be Held by the People of the state without interference from the federal, state and local governments, confederacies and corporations.

    United States Constitution Article 1 Section 4- "The Times, Places and Manner of holding Elections for Senators and Representatives, shall be prescribed in each State by the Legislature thereof; [Emphasis added]

    Arizona Constitution Article 7 Section 1- Method of Voting; Secrecy "All elections by the people shall be by ballot, or by such other method as may be prescribed by law; Provided, that secrecy in voting shall be preserved." [Emphasis added]

    Any law, federal or state, that allows for maladministration, usurpation of powers, and violations of the constitutions must be terminated and immediately declared null and void. The People have not granted any constitutional authority which authorizes government officials and officers to assume powers outside of the Arizona Constitution. All such assumed powers and authority are in fact by law Null and Void and are a trespass, making them a crime.

    [Marbury V Madison, 5 U.S. 137 (1803) "A law repugnant to the Constitution is void. An act of Congress repugnant to the Constitution cannot become law. The Constitution supersedes all other laws and the individual's rights shall be liberally enforced in favor of him, the clearly intended and expressly designated beneficiary."]

    [Norton V. Shelby County, 118 U.S. 425 p.442 "An unconstitutional act is not law; it confers no rights; it imposes no duties; affords no protection; it creates no office; it is in legal contemplation, as inoperative as though it had never been passed."]

    Charles Weisman's, Maxims of Law, #71j. "The welfare of the people is the supreme law. Mclnerney V. Ervin, (Fla 46 So.2d 458, 463; Bacon, Max. reg. 12; 13 Coke, 139

    Based on unconstitutional federal mandates, [HAVA], the Arizona Legislature inappropriately, and unconstitutionally, implemented unlawful state statutes found in A.R.S. Title 16, addressing various aspects of the electoral process. The Arizona Legislature, in adopting unconstitutional federal guidelines, committed maladministration against the People of the State of Arizona.

    The Arizona Constitution specifically addresses unconstitutional federal law, allowing for government officials and officers to refuse to be bound by those unconstitutional federal laws.

    Arizona Constitution Article 2 Section 3: Supreme law of the land; authority to exercise sovereign authority against federal action; use of government personnel and financial resources.

    A. The Constitution of the United States is the supreme law of the land to which all government, state and federal, is subject.

    B. To protect the people's freedom and to preserve the checks and balances of

  • the United States Constitution, this state may exercise its sovereign authority to restrict the actions of its personnel and the use of its financial resources to purposes that are consistent with the constitution by doing any of the following: 1. Passing an initiative or referendum pursuant to Article IV, Part 1, Section 1. 2. Passing a bill pursuant to Article IV, Part 2 and Article V, Section 7. 3. Pursuing any other available legal remedy.

    C. If the people or their representatives exercise their authority pursuant to this section, this state and all political subdivisions of this state are prohibited from using any personnel or financial resources to enforce, administer or cooperate with the designated federal action or program." " [Emphasis Added]

    Understand that this clearly states that government officials and officers, not only may, but must, refuse any federal action that interferes with the rights of the state and especially the rights of the People! Again, part C states: this state and all political subdivisions of this state are prohibited from using any personnel or financial resources to enforce, administer or cooperate with the designated federal action or program." [Emphasis Added]

    Charles Weisman's, Maxims of Law, #71j. "The welfare of the people is the supreme law. Mclnerney V. Ervin, (Fla 46 So.2d 458, 463; Bacon, Max. reg. 12; 13 Coke, 139

    As Government officials and officers, Arizona County Boards of Supervisors have been incorrectly led to believe they have limited decision-making power related to the electoral process. They have been convinced that they have only those powers "expressly conferred by statute, "and the Board "may exercise no powers except those specifically granted by statute and in the manner fixed by statute." Hancock V. McCarroll, 188 Ariz. 492,498 (App. 1996) (quotations omitted" However, Hancock V. McCarroll, 188 Ariz. 492,498 (App. 1996)," also stated, "The board of supervisors' power to repeal its own ordinances has been limited by the legislature to matters necessary to conducting county business."

    A.R.S. § 11-251.05(A1) provides: A. The board of supervisors may: 1. In the conduct of county business, adopt, amend and repeal all ordinances necessary or proper to carry out the duties, responsibilities and functions of the county which are not otherwise specifically limited by § 11-251 or any other law or in conflict with any rule or law of this state. [Emphasis added]

    A.R.S. § 11-251. Powers of board- (1)(2)(3) The board of supervisors, under such limitations and restrictions as are prescribed by law, may:

    1. Supervise the official conduct of all county officers and officers of all districts and other subdivisions of the county charged with assessing, collecting, safekeeping, managing or disbursing the public revenues, see that the officers faithfully perform their duties and direct prosecutions for delinquencies, and, when necessary, require the officers to renew their official bonds, make reports and present their books and accounts for inspection.

    2. Divide the counties into districts or precincts as required by law, change the districts or precincts and create others as convenience requires.

    3. Establish, abolish and change election precincts, appoint inspectors and judges of elections, canvass election returns, declare the result and issue certificates thereof. [Emphasis added]

  • As government officials and officers the county Boards of Supervisors may choose to contract with companies to accomplish the business of the county or they may choose not to contract with corporations of questionable value to the People of the county. The County Boards of Supervisors are not dependent on unconstitutional state statutes for their guidance, but may rely upon the United States and Arizona Constitution for their mandate regarding elections. They may not lawfully certify elections for which they do not have absolute confidence in the count. The evidence within the Arizona Constitution overwhelmingly allows the People, and thus the Boards of Supervisors, to determine on their own whether or not to do a hand count instead of using unlawful, unconstitutional electoral processes that involve contracts with corporations.

    The Arizona Constitution Article 2 is very explicit. All political power is inherent in the People, not in government officials and officers. No "power, civil or military, shall interfere" with the People's suffrage. Boards of Supervisors must not be found to be participating in actions "inconsistent with the peace and safety of the state." No government official or officer, acting on unconstitutional, maladministered statutes may infringe on the rights of the People.

    While the entire electoral process has been unconstitutionally., government officials and officers routinely choose to ignore portions of the Arizona Revised Statutes Title 16 requirements in favor of others. Specifically, A.R.S. § 16-442 clearly states that machines must be routinely tested and certified by an accredited, state approved, laboratory; however, no such laboratory exists! Government officials and officers expect compliance with Arizona Revised Statutes. If that is to happen, A.R.S. § 16-442(BC) must be followed.

    A.R.S. § 16-442(B)- "Machines or devices used at any election for federal, state or county offices may only be certified for use in this state and may only be used in this state if they comply with the help America vote act of 2002 and if those machines or devices have been tested and approved by a laboratory that is accredited pursuant to the help America vote act of 2002."

    A.R.S. § 16-442(C)- "After consultation with the committee prescribed by subsection A of this section, the secretary of state shall adopt standards that specify the criteria for loss of certification for equipment that was used at any election for federal, state or county offices and that was previously certified for use in this state. On loss of certification, machines or devices used at any election may not be used for any election for federal, state or county offices in this state unless recertified for use in this state."

    If government officials and officers cannot minimally adhere to these statutes, the use of any contracted devise must immediately cease. There may be no use of any machine or other voting related device. Government officials and officers must immediately cease and desist usage.

    Notice that the electoral process is to be "by the People", and "Secrecy in voting shall be preserved." Secrecy in voting is eliminated by the use of the machines as they interrupt and subvert the required chain of custody. Only a true hand count will yield a true count of the "highest number of legal votes."

    Arizona Constitution Article 7 Section 1 - Method of Voting; Secrecy "All elections by the people shall be by ballot, or by such other method as may be prescribed by law; Provided, that secrecy in voting shall be preserved." [Emphasis added]

  • Arizona Constitution Article 7 Section 7- Highest Number of Votes Received as Determinative of Person Elected

    "In all elections held by the people in this state, the person, or persons, receiving the highest number of legal votes shall be declared elected." [Emphasis added]

    Charles Weisman's, Maxims of Law, #105c. He who does not repel a wrong when he can, occasions it. Jenk. Cent. 271.

    Charles Weisman's, Maxims of Law, #105h. Whatever is against the rule of right is a wrong. 3 Buist. 313.

    Conclusion:

    The evidence is overwhelming. You have accepted case law and statutes as your guiding principles while fully ignoring the mandatory provision of both the United States and Arizona Constitutions. Be careful that you do not find yourself the wrong-doer.

    Charles Weisman's, Maxims of Law, #105j. All things are presumed against a wrong-doer. Broom, Max. 843.

    The People require that all Boards of Supervisors immediately cease and desist from the use of all election related machines and devices and immediately choose to hand count ballots at the site where the ballot was cast. In this way, Boards of Supervisors will be properly fulfilling their responsibilities to uphold the constitutions.

    Further, should Boards of Supervisors, and all others named herein, choose to continue to violate the mandatory provisions of the constitutions, the Boards of Supervisors and all others named herein will be found to have intentionally ignored this final notice to cease and desist from a violation of rights; and thus will have made a treasonous decision that will have a negative consequence in the future.

    Lack of response to this Cease and Desist notice will stand as acquiescence to the truths found herein. The People have spoken and demand that their government officials and officers now correctly respond with appropriate action to Cease and Desist the use of all systems and equipment that require a contract with a corporation. This action will then allow for trained hand counters among the People to proceed to accurately, quickly, and safely count the cast ballots so that the results of elections maybe known while maintaining the purity of the electoral process.

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