Sunny Maynard, Green lawyer in favor of handcounted paper ballots, said I could forward this widely, so here goes. Misare was appointed by Mike Mays, Minority Leader, HD44.
303-442-1668/
margitjo@xxxxxxxxx---------- Forwarded message ----------
From: amaynard_1@xxxxxxxx <amaynard_1@xxxxxxxx>
Date: Aug 25, 2008 4:30 PM
Subject: Sally Misare
To: ken@xxxxxxxxxxxxx
Cc: jantyler@xxxxxxxxxxx, margitjo@xxxxxxxxx, margitjo@xxxxxxx, alkolwicz@xxxxxxxxx, claudiakuhns@xxxxxxxxxxx
Ken, I have seen that the Castle Rock Town Clerk Sally Misare has been appointed to your Election Reform Commission. Who appointed her?
Sally is the one who enabled the Reiter gang to steal the two Castle Rock elections in 1998 and 1999, which I litigated protests to. I have told you about this. I submitted a 26-page single-spaced affidavit to the DA afterwards, documenting hundreds of misdemeanors committed by the Reiter operatives and Misare, who colluded with them--as well as felonies committed by her personally--and the DA let the statute of limitations expire without filing any charges.
Sally permitted people to vote twice; communicated with sympathizers of my clients' opponents to make sure they got their absentee ballots in;
and, in particular, marked the ballot return envelopes which she sent out to accompany absentee ballots, in such a way that she could tell the political affiliation of the voter coming back. She was able to do this because the two sides submitted applications for absentee ballots on different forms. Every time the mail was involved in some transaction she kept a false record, since she knew it could not be pinned on her, and there were hundreds of these connected with the absentee ballots. She was required to state the name and address of persons delivering absentee ballots to her in person, for instance, and her "records" of this required information were very suspicious, and did not contain the simple information required by law (e.g., she wrote "dropped off by spouse" instead of a name and address).
She let the Town utility payments drop box be used as a ballot box--but only made that available to our opponents. She never told my clients about it. And she falsely certified, after the fact, that certain people (the employees of Reiter, who included Scott Lamm) were registered Castle Rock voters so could function as watchers, for instance, when they were not--and she created and back-dated these certificates and put them into the records AFTER my clients had begun going through the voting records, well after the election. The making of a false certificate by a public official is a felony, and she committed at least three felonies.
We believe she put applications for absentee ballots which sympathizers
of my clients (who were opposed to the developers) sent in, straight into the dumpster, since people told my clients, in a panic, "I sent my application for absentee ballot in but have never received a ballot!" Sally's records did not show the receipt of those applications. In fact, she did not show receipt of any applications submitted on my clients' forms after approximately one month before the election, although my clients testified that that had handed out numerous applications for absentee ballots after that date. So she was probably throwing these in the dumpster, as well. She also let Reiter's operatives handle ballots, and met with them on election day before the polls opened. We had testimony that Reiter's people even had blank ballots in their possession.
She kept no pollbook during the election, in violation of law--only a list of voters in alphabetical order, which is no record at all--and she filled out the ballot accounting forms with a typewriter the day BEFORE the election, then made the election judges sign them under oath. She had all the numbers there--of spoiled ballots, voted ballots, defective ballots, etc.--filed out BEFORE the election even took place. In fact, there was not a single law she followed. She violated every single law contained in the Municipal Election Code.
I've attached here a redacted version of the affidavit I provided to the DA. Drop down to item #3 for a list of the crimes Sally personally committed. All of these were thoroughly documented, but no charges were ever filed: the DA just let the statute of limitations expire after saying to me, over and over, "We're working on it." My clients and I were outraged by this.
As to the court case we brought, we had a great judge originally, who issued a TRO to prevent the use of a bogus ballot box by the operatives (which Sally had permitted to occur on the grounds of the rec center, when the polling place was inside). This was Judge Lawrence. He also issued an order requiring the other side to pay our attorney fees when they spirited all the election materials away to their attorneys' offices in Glendale while my clients were attempting to review them. And then, 10 days before our hearing, Judge Lawrence was suddenly rushed to the hospital, where his voicebox and part of his tongue were removed. He never returned to the bench and died about a year later. His substitute was a "good ol' boy" who saw no problem with all the frauds we showed Sally had committed, said she was acting in good faith and just made mistakes. Her "mistakes" caused the Castle Rock councilmembers who were facing recall by my clients to, of course, be retained.
Anyway, you need to remove her from your commission. I suspect the persons who recommended her for it are the same developers we fought in those elections, and their operatives and attorneys, including Mark Grueskin. I did a second election contest--actually a campaign finance violation case--against Grueskin, by the way, where the judge got suddenly switched there, too, right before the hearing. Funny how in both these cases I have done against Grueskin, we had a good judge initially, who ruled for us on all the pretrial stuff, then suddenly that judge is out of there without any reason, and some good ol' boy comes on who dismisses our case.
Please let me know what you are doing on Sally Misare. She needs to be
taken off your "election reform commission." She should have gone to prison.
Alison ("Sunny") Maynard, tel: (303) 758-7038
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