• Tell your election commissioner they are legally bound by the IMPLIED CONTRACT WITH YOU (arising whenever you vote) to enforce honest elections    Tell them you know your rights of IMPLIED CONTRACT!    Research your state's court rulings about IMPLIED CONTRACTS and USE YOUR RIGHTS!         

This domain name is a challenge to ES&S – Demonstrate in situ how your products' outcomes exceed the accuracy of hand counts to be worthy of replacing them.

I'm devising a new page format; yea...I'm slow with web page design
Most of these links are temporarily down due to unforeseen complications. I'm fixing them while you watch.


In some election races vote counts by machine were rejected and only a single hand recount was accepted by everyone to be accurate.  In fact, most if not all of the courts involved in these races DEMAND the race outcomes be settled by a hand count. Those races nearly ALWAYS show machine counts to be so far in error that race outcomes change!  (One exception to where machines were caught changing vote counts but race outcomes did NOT change was in Windham, NH where there were 8 candidates in that race for 4 seats, and the hand recount proved the Dominiion machines had cheated on behalf of the losing candidate who demanded the recount, but even with a 400 vote machine cheat on her behalf, just didn't cheat enough.  In ALL cases where hand recounts differ from machine counts, hand recount results are ALWAYS considered trustworthy over the machines! Why doesn’t ES&S demonstratively defend their products’ error rates against the hand counts?  They obviously can’t show in situ that their products have lower error rates than hand counts.

ES&S and Dominion election products suppliers are known to file lawsuits for up to billions of dollars against the likes of Mike Lindell who expose those products’ failures and the company's scorn for due diligence, yet all the while the companies themselves refuse to put up any of their own money to protect their products’ reputations by testing the products in situ against the many hand counts that are proving the machines to have illegally high error rates.

Very importantly, this is ONLY in races that ES&S targets to influence.  Characteristics of these specific races prove that they are being targeted instead of experiencing random errors. It makes no sense that ES&S refuses to demonstrate their own products’ accuracy like this while trying to steal from the likes of Mike Lindell to protect their ill-deserved turf.  

Even after decades of being allowed to manipulate election races in many jurisdictions they serve, ES&S admits once again to manipulating the Northampton County, PA judges race on November 7, 2023 (https://www.pahousegop.com/News/33162/Latest-News/Mackenzie-Issues-Statement-on-Voting-Machine-Fiasco-in-Northampton-County).  Their allotted time to fool us the voters to play the innocent garage-based amatuer has long expired.  We and everyone else knows their machines are well capable of counting ballot selection perfectly ad infinitum, but they continue cavalierly to install criminally tainted software that delivers corrupt counts in apparently and/or obviously select races. Voters have NEVER authorized they be allowed to get away with such inaccuracy, reckless disregard for the power of the single vote, reckless stewardship of the election franchise, continued failure to take seriously industry standard engineering due diligence, and immunity from criminal charges.

This Notice also seeks to establish that "election terrorism" can exist by virtue of the threat of violation of the implied-in-fact contract arising when voters or potential voters hope to exercise the election franchise.

Inasmuch as ES&S advertises 'We fulfill this mission by delivering the highest standards of accuracy, security, and reliability in our election products and services', the continuation of these breaches of implied-in-fact duties/warranty and ES&S's established technique of substituting excuses in the media for sworn affidavit engineering assessments constitute a clear and present threat to steal in whole or in part the ballot selections of future voters.  Also ES&S

On that same election day

--Their machines failed in Dallas County, TX (https://dallasexpress.com/metroplex/exclusive-dallas-county-polling-books-down-on-election-day/) which county also had the machines process after polling place hours voters who didn't vote in November 2022. Their reckless and preposterous defense was that their 4G networked devices won't operate with the cellular network that allows 5G operation even though their products supposedly work fine without connectivity in MANY other election jurisdictions! Additionally for the second year in a row, their poll books in this county obviously processed voters improperly that didn't show up. (https://rumble.com/v3vkcqd-dallas-county-es-and-s-pollbooks-busted-adding-hundreds-of-voters-as-polls-.html)

...(this list is not all inclusive)

Inasmuch as they are the nation's largest provider of election equipment and are still in violation of implied-in-fact contract in that they refuse to conduct themselves to the standard of accuracy that is easily attainable for a company of their size, not responding with the industry standard product engineering corrections to the many notices with they've been given over many elections of many past election race manipulations, obviously expecting to continue to get away with doing so ad infinitum and in so doing commit voter intimidation by actually acting out implied threatening to handle my ballots selections irresponsibly by in fact proving they do intentionally dilute anyone else's, which is also election terrorism;

ES&S has neglected to come clean about their products' failures and are pretending to be no more sinister than simply stupidly tone-deaf, which is still unbecoming for a company of their size and thus violates their implied warranty;

Douglas County, State of Nebraska, and City of Omaha governing bodies, in dereliction of duty, give this election terrorist, clear and present danger, and enemy of the People of the United States of America and/or of the State of Nebraska, ES&S unconscionable tolerance, favorable relations, licensure and a haven from which to conduct election manipulation ....

Remedy [Each Remedy is its own separate Notice Of Tort Claim]--

I prohibit ES&S from handling my cast ballot

Watch and read with me/us the various incidents of ES&S election problems.  Arrive having watched [video selection subject to change] https://frankspeech.com/video/ret-col-shawn-smith-speaks-moment-truth-summit and be ready to focus on it

Keep all ES&S machines claim "not [to be] on the internet" faraday shielded until after election closing on official election day, NOT PLUGGED INTO LINE POWER when not in use, because the machines can be powered up remotely via FirstNet networking otherwise.

ES&S (et al when applicable) must forthwith:

Self report all malfunctions and voter complaints, etc.

Allow unfettered hand counting ballots prior to their insertions into machines

All ES&S excuses must be sworn affidavits under penalty of breach of contract fraud

Prevent any elected or public official from making assertions about their products they themselves would not swear to under threat of lawsuit by ES&S patterned after ES&S suing anyone else that would make lies about them

Allow no more hand counts to overturn their results uncontested by absolute proof

Hereafter, as long as ES&S is allowed to handle ballots, allow the voter on their ballot to select or leave unselected whether they demand ES&S not handle their ballot without human validation and whether ES&S is to handle their ballot without human validation.  Honor their demand if they don't overvote or undervote this race/section.

Negotiations over this claim is intended to preclude litigation, so I/we will not have attorney representation present, nor will I/we be amenable to the attorneys that will be present being adversarial


World wide and for all history an implied contract has always existed between voters and ballot position readers/counters, but the entry of ES&S machines into polling places has enlightened once naive voters to this fact.

An implied contract with you is being attempted by ES&S if you insert your completed ballot into their equipment.  Such a contract is breached unless many requirements are met.  

        If election officials tell you you already voted when you didn't, file your state's "Notice Of Tort Claim" pro se.  To learn how, read your state's manual on how to file pro se.  No joke.  This needs to be made more widely known.  Also go after them for breach of implied-in-fact contract when you file.  It shouldn't take very many voters to accomplish great things doing this.  Please help get the word out about this!


Please speak out publically and to your election officials about it and pray for these patriot efforts.  Thank you!




Dear election officials,

Per state supreme court rulings, etc., an enforceable "implied-in-fact contract" arises between parties who signify agreement through an action – as in a voter surrendering a completed ballot according to instructions of election officials. Implied warranties and implied duties always accompany implied-in-fact contracts. This notice to you, by me the undersigned voter, reminds you of said contract and the accompanying implied warranties and duties that are binding by law upon you. By no means is this notice intended to educate you about centuries’-strong precedent , so if said subject is unfamiliar to you, you may be obliged to consult your legal counsel lest you risk being derelict in your due diligence. This notice reminds you that, among a number of other responsibilities said contract binds you to, you are legally bound to implied warranty and implied duty.

Among your implied duties is that you

– prioritize accuracy and honesty above speed in ballot selection counting;

– prevent dilution of legitimate votes by allowing illegitimate ones in excess of the expected numbers of votes allowed;

consider the most verifiable cast ballot by me to be the one and only authoritative ballot cast by me. I will not tolerate that my in-person ballot surrendered to you when I've presented irrefutable proof of my identity is destined for the category of "provisional" because some unknown person or electronic system previously submitted a ballot in my name. Ballots surrendered to you in my name but without ID must be deemed to be more provisional than my just-in-time ballots when I show valid ID.

– reveal relevant information to me, including the fact, if true, that my ballot selections are converted into unsuperviseable electronic signals prior to them being counted, and that those unsuperviseable electronic signals are the most authoritative basis by which race results get reported. If any relevant facts are not acceptable to me, then I will be entering said contract under duress. As you can easily understand, the unsuperviseable possession of my ballot selections in format mutable prior to counting or exploitable, by an entity whom I've not vetted for honesty would certainly be unacceptable to me.



PDF format, 3 up "Implied-in-fact Contract exists and is enforceable_legalsizepaper_FRONT" (Margins set for 3 up on legal paper, side margins minimal and equal)
ODT format, 3 up "Implied-in-fact Contract exists and is enforceable_legalsizepaper_FRONT" (Margins set for 3 up on legal paper, side margins minimal and equal)
PDF format "Implied-in-fact Contract exists and is enforceable_postcard_EQUAL_S" (Right and left margins set equal for double-sided printers)
ODT format "Implied-in-fact Contract exists and is enforceable_postcard_EQUAL_S" (Right and left margins set equal for double-sided printers)
PDF format "Implied-in-fact Contract exists and is enforceable_postcard_FRONT" (Margins set for printing the first page on single-sided printers)
ODT format "Implied-in-fact Contract exists and is enforceable_postcard_FRONT" (Margins set for printing the first page on single-sided printers)
PDF format "Implied-in-fact Contract exists and is enforceable_postcard_BACK" (Margins set for printing the second page on single-sided printers)
ODT format "Implied-in-fact Contract exists and is enforceable_postcard_BACK" (Margins set for printing the second page on single-sided printers)
Warning mug shot

Be ready to explain that state statute and constitution mandates that elections be free, which means that state thereby obligates itself to make the payment ("consideration") that the voter would otherwise pay to complete the formation of said contract.  Thus, the contract is formed.

Important - The link below is about a race that ES&S attempts to swing Democrat in the machine recount was thwarted by the very wise decision of the Republican candidate to demand a subsequent hand count!  Still, ES&S got away with it no charges filed!
Scott County, IA example of ES&S machine malevolent operation (you won't be able to copy/paste from that site)
Copy/pastable text version of the above document

Pro-Freedom Citizen Journalist Exercising Free Speech Through Investigative Reporting
Robert Borer's ES&S research, just one of several pages
Ocean Township, New Jersey school board race - a post-election audit failed to detect this ES&S flaw
News article - contains link to video of interview with election fraud perpetrator of Muskegon

ES&S should have defended their machine count in Scott County, Iowa House District 81 race last fall, but instead they allowed their product to lose to hand recount of merely 30,000 votes or less. THIS PROVES THE GOLD STANDARD FOR ACCURACY IS HAND COUNTS, AND ES&S HELPED MAKE THAT POINT!!!!! To put that in perspective, ES&S is the nations largest election products provider and they KNEW due diligence by them to prove their products' accuracy in a mere 30,000 vote race would fail! The discovered error rate is 1 per about 2000 when it is supposed to be MANY times better - 1 per 10,000,000. The obvious fact - a tone-deaf multi-billion dollar company refuses to defend their product quality in such a small race in which their costs to research their products' failings would have been so rational, and the blame for the errors could so EASILY be solidly identified? I'd say they are trying not to face their products' unworkmanlike operation. ES&S would steadfastly spend MILLIONS to avoid spending a mere pittance to prove to the world where the errors originate. I protest the sale to ES&S of my sacred votes. I haven't vetted them to be honest, conscionable, not communist, not satanist, and not atheist, and I don't trust them with my children nor my vote, both of which I am responsible to look after   to keep safe from those who'd want to steal them. There has GOT to be something unconstitutional about ES&S taking my vote against my will.   If ES&S sues me over this URL, I'll go after them for forcing me under duress into an implied contract with them to handle my SACRED vote as they scorn due diligence for industry standard quality without self reporting said scorn.  I'll also prove they would be trying to silence truth rather than silence falsehoods by such intimidation tactics against a dissatisfied contract party.


How hard would it be for ES&S election equipment to alert officials when there are blatant malicious illegalities like too many ballots?   (see Ocean Township’s Board of Education race reversed after machines allowed too many votes) Yet they don't care about that.  But we sure do, right?  To say that ES&S should not be allowed to remain in business is an understatement!  Why would there be too many ballots?  Most likely so that if a hand recount were done, it would show leftist candidates with even more votes.  I'm asserting that ES&S only interferes with a race results as little as they need to, claiming all other ballots went for the conservative.   A hand recount would count the ballots of dead people and other phantoms that went far more for the leftist than the machines dared to claim. That way everybody would just be too budget-minded to investigate any further.  This scenario occurs ALL THE TIME!

Suppose the machines reported zero votes for one of two candidates.  This actually happened in November 2022, but it got noticed because the one candidate and her loved ones lived and voted in that very jurisdiction.  They were the ONLY ones who were in any position to know the count was wrong.  Of course, the voting machines gave the preliminary win to the leftist unanimously while a hand recount gave the final win to the conservative, but again, none dared call it treason.  We MUST get more courageous, patriots!  You need to tell election officials you are being forced under duress to enter an implied contract - you oppose some undisclosed and unvetted by you third party having authoritative ballot position counting power.
Evidence in pptx Power Point slideshow of the entire election wireless network!  pdf format        


Omaha, Nebraska - not as innocent as you thought it was!

Did you know  that Omaha is home to “the sugar daddy of the entire pro-abortion movement”? Read that again if you missed the word “entire”. (Do your own web search on that phrase - include the quotation marks)

Thieves are targeting God's people's sacred votes

Omaha churches...Nebraska churches, WHERE ARE YOU?! The devil got your tongues?

Did you know  that computerized vote-counting products in election offices around the WORLD keep getting “shut down” at the end of the election day BEFORE their final vote counts are made public?  Ex-employees of the election products companies doing this tell us the reason – this shutdown allows coordination between vote-counting corruption efforts to alter campaign races vote counts so that privileged races, if about to lose the race, can be advantaged with enough secret malicious vote count manipulation to appear to come from behind and win by just enough margin to avoid recounts

Omaha churches...Nebraska churches, WHERE ARE YOU?! The devil got your tongues?

Did you know  that Omaha is home to the worldwide HQ of the Goliath provider of election products and services?

Consider that President Donald Trump’s real margin of re-election victory could NOT have been overcome solely by the treachery of diminutive Dominion. If Dominion had not leveraged ES&S's nation-wide vote count share they would have left a HUGE telltale statistical difference in election results between Dominion-serviced and the FAR larger ES&S-serviced precincts. That large of a difference would be shockingly obvious because the number of votes that ES&S election products count are twice the number that Dominion counts. In other words, without ES&S collusion, Dominion’s treacherous election products alone in no way could have had a chance stealthily to overcome President Trump’s true margin of re-election victory.

Mike Lindell talks about ES&S: July 5, 2022 "The Lindell Report" on FrankSpeech, (forward to the 11:30 timestamp)


The following report is provided to the public by Robert J. Borer,  retired Fire Captain and Congressional Public Safety Medal of Valor Award recipient:
                                Friends, I just received this report from my friend Mike Mathis in SD (keep in mind SD uses ES&S machines just like we do):
Hi Robert,
Just wanted to share this with you from South Dakota.
Fred from Tripp County called this morning regarding the hand count. Long story short. They hand counted all precincts. After hand counting, all ballots were run through the machines. Today the commissioners met to sign off on the election. Seems one precinct had 356 ballots cast, 356 signatures in the poll book and when running through the machine, it only counted 281 ballots! 75 Short.
Machine was 75 short.

God bless, thanks for doing all you do!

Mike Mathis

Omaha churches...Nebraska churches, WHERE ARE YOU?! The devil got your tongues?

Did you know  that Omaha churches, of all churches in the nation, are uniquely attended by more ex-ES&S software developers and product technicians who are patriots and very willing, given the encouragement that their efforts would contribute to the cause and be synergistic with others’, to testify of their first-hand knowledge of election-corrupting capabilities of ES&S products and services?

Read this: information from an insider

                                If you have a Rumble account, see ES&S election equipment corrupting elections in Dallas County, TX

Omaha churches...Nebraska churches, why didn’t we know?
WHERE ARE YOU?! The devil got your tongues?

NOTICE TO ES&S: We are VERY willing to take this web site down if you will contract with us that WHEN YOUR ELECTION CHEATING IS PROVEN YOU’LL GIVE YOUR WORLDWIDE ASSETS TO US. If your products and services did not corrupt election results, then you should be quite happy to make such a contract.                                


ES&S, STOP SHUTTING DOWN THE TALLYING LATE ON ELECTION NIGHT TO STEAL THE VOTE!!!!                                   It is SO obvious what you're doing during the shutdown!                                 Races will flip and be won by just enough margins to avoid recounts.  DUH!                                 It's called HIGH TREASON. Did you even THINK before you got yourself into this?                                 Patriots will NOT let you prevail...to the last patriot.                                

                                NOTICE TO ALL – An event will be a sign of the shame of the counsel of ES&S attorneys and a sign that Heaven secures the ownership of ES&S assets WORLDWIDE for NEW WINESKINS UNLEASHED: ES&S attorneys will one day, without any human intervention,                                 fall nto mud in their dress outfits and be muddied from their faces down to their dress shoes. Said event will have recorded proof for the world to see it. These statements are being made PROPHETICALLY without any intent by NEW WINESKINS UNLEASHED to influence by non-prophetic means to their fulfillment.


"Cleanup in aisle 46" I Alwaysknew 45:1

Links to items that raise the question all roads lead to Omaha?


Real letter:


Subject: ES&S and the county investigation

Honorable Peter C. Harvey,

Several ES&S election machine counting errors have been exposed in recent elections.  Some came to light through hand recounts, others by inconsistent machine recounts.  If even ONE of them is real this many years after the technology has been able to be perfected, their too-expensive gig needs to be over.  There is no advantage of election machines so important that it should come at the expense of accuracy.  If speed was one of those supposed advantages, ES&S and Dominion machine counting pauses for several hours after midnight in several elections totally debunk that as being important to the people in control of the machines.  Please cut no slack to ES&S for any of their sloppiness.  Purported advantages of free, fair, secure, speed, and anything else are insidious distractions to the most important need for accuracy in elections.  Ballot counting accuracy is profoundly SACRED. I urge you not to be swayed by ES&S’ other distracting sales pitches for their products. It bears repeating and emphasis at the risk of sounding trite: accuracy cannot be sacrificed on the altars of any of their other sales pitches, especially that silly, shiny sales pitch of speed.

As a concerned citizen and resident of Nebraska, I hope you’ll accept my letter for your investigation of election problems. I ask you to consider the poor track record of ES&S election machine accuracy around the country. Whenever hand counts are conducted following ES&S machines counts, ES&S NEVER defends their machine accuracies. NEVER. They ALWAYS make some excuse about why their machine counts don’t match hand counts. I therefore ask you to agree with ES&S about that - their machines do not count votes accurately.

ES&S worldwide headquarters are located in Omaha, NE. For counting votes the entire state uses ES&S products and services exclusively. Although ES&S is by far the largest of the election machine companies in the entire country, they do NOT have a stellar reputation here in their home state. The people of this state, those who are informed anyway, are trying to get ES&S machines eliminated in favor of hand counting. ES&S seems to be doing their absolute best to go under the radar in silence. This kind of attraction they have to darkness indicates to us that they are dishonest and fearful of exposure. We have been observing those mysterious election night counting shutdowns followed by race reversals then squeaky tight victories by candidates who were never ahead during election day counting, and we are doggone fed up with it!

It is public knowledge that Scott County, IA is known to have proven ES&S equipment count problems in a legislative race last November.  Maybe not so public is that a precinct in South Dakota caught ES&S equipment miscounting, reported here: https://robertjborer.substack.com/p/breaking-news-in-sd. These machines are legally required to achieve error rates far, far below the error rates ES&S is tacitly admitting to by their silence to defend them. Worse for ES&S would be for them to attract attention trying and failing to defend the indefensible, but PLEASE challenge them to do so anyway for the sake of accurate elections.

Besides the accuracy problems, WI investigator the Honorable Michael Gableman states in his 2020 election investigative report that ES&S machines allowed suspicious election night remote logins and vote count tampering. Nebraska's handicapped booths were caught with ES&S wifi vulnerabilities. You can be sure these incidents are but a tiny fraction of ES&S' inexcusable and apparently malevolent anomalies.

Thank you!

# # #

Thank you! Motivated parties, if you want to help let ES&S know they can't stay under the radar any longer, please consider sending something like this yourself.

ALSO:  Emailed to Lancaster County Board of Commissioners on July 25, 2023
Dear Lancaster County Board of Commissioners,

According to Sam Lyon, this county's GOP chair, the supposed "random" audits of precincts are not random at all. Instead, the only precincts that are eligible for these audits are those that appear on their face to be totally in order. Excluded first from being chosen for audit are those precincts that have some characteristics of or are characteristic of fraud. Is this true? Sam said he knows this from his first hand presence, observation, questioning and receiving answers to this effect from election officials. If true, the very precincts disqualified from post election random audits are the ones most needing to be looked into for fraud.


Hand counting of paper ballots is the gold standard for elections.

Whenever hand counts double-checked the race results of ES&S election equipment, ES&S invariably, that means in 100% of the instances, eventually acquiesced to the results of the hand counts, thereby confirming that hand counting of paper ballots is the gold standard for elections. Whether either method gives perfection is not the point, is it? The point is which method do the people trust more. If ES&S doesn't trust their own products, they show how clueless they are gaining people's trust.

If ES&S were an honest company, they would recall their products immediately until they gleaned from every single one of those instances why the difference is there. Then, they would gain the people's trust with transparency. Instead, they let some of those hand count results stand without appearing to care why their machines report differently. In other cases they blame causes that they didn't know existed prior to some candidate drawing their attention to a miscount - a situational awareness deficiency unbecoming of an organization as large as ES&S.

Of course, ES&S is required to self report to you, or to somebody at least, their vote count failures...aren't they? Does anyone know if they are subject to self reporting rules by any authority whatsoever?

Why shouldn't election officials be more than willing to let ES&S investigate every race to any and every degree? In fact, why aren't election officials DEMANDING that, now that they prove to have a MUCH poorer track record than 1 in 10,000,000 error rate? Let me say this as loud and clear as I can - ES&S is grossly cavalier only to care about miscounts by their equipment if someone who they think highly enough of MAKES them care, rather than performing the required ongoing 100% oversight of their products and procedures that is justified because of their many times they have to acquiesce to the superiority of hand count accuracies.


"Implied-in-fact Contract" exists between each voter and their election officials and is enforceable once a ballot is surrendered properly

source - https://caselaw.findlaw.com/court/ne-supreme-court/1669167.html accessed 07/24/2023 10:21am

Supreme Court of Nebraska.

Martin V. Linscott, individually and on behalf of Shasteen, Linscott & Brock, P.C., a Nebraska professional corporation, appellant, v. Rolf Edward Shasteen and Tony J. Brock, appellees.

No. S–13–597

Decided: June 06, 2014

second paragraph of the "ANALYSIS" section contains:

"....We therefore begin our analysis by setting out the established Nebraska law on implied in fact contracts.

To create a contract, there must be both an offer and an acceptance;  there must also be a meeting of the minds or a binding mutual understanding between the parties to the contract.2  A binding mutual understanding or meeting of the minds sufficient to establish a contract requires no precise formality or express utterance from the parties about the details of the proposed agreement;  it may be implied from the parties' conduct and the surrounding circumstances.3

An implied contract arises where the intention of the parties is not expressed in writing but where the circumstances are such as to show a mutual intent to contract.4  Evidence of facts and circumstances, together with the words of the parties used at the time, from which reasonable persons in conducting the ordinary affairs of business, but with special reference to the particular matter on hand, would be justified in inferring such a contract or promise, is sufficient.5 The determination of the parties' intent to make a contract is to be gathered from objective manifestations–the conduct of the parties, language used, or acts done by them, or other pertinent circumstances surrounding the transaction.6 If the parties' conduct is sufficient to show an implied contract, it is just as enforceable as an express contract.7"

7.  https://law.justia.com/cases/nebraska/supreme-court/2011/s-10-753.html


I assert that many thousands of Breaches of Implied Duty exist by election officials relative to:

- implied warranty to count accurately even down to this single vote using the counting means that has been demonstrated to be most accurate

- implied warranty to prevent diluting of this vote by illicit votes overtly and publicly known and observable in excess of legitimate numbers of votes

- implied warranty to reveal relevant information within contracts with and as to the suitability of moral character of parties empowered (legally or not) to so control the reporting of race outcomes and whether said reporting is capable of deviating from truth and honesty even to the extent of exerting significant effect on whether candidates might demand hand recounts of original paper ballots. The moral character of said parties will most certainly be relevant to many if not most voters if said parties are or employ felons or ex-felons, communists, satanists, atheists, anti-American persons, etc. Do they have political bias? (WHO DOESN'T!) Or malicious intent? Considering the position of Edison Research polling company, there are so many possibilities for bad actors in these capacities maliciously to affect race outcomes and to maliciously manipulate the expectations of voters and groom them to accept planned manipulated race results. No laws prohibit any of these RELEVANT things from existing, but they are profoundly relevant to many if not most voters who vehemently oppose them being between them and the final race results.

- implied warranty to reveal relevant information that ES&S is not subject to ANY self reporting requirements for when they've acquiesced to hand counts proving their products to be inaccurate and/or untruthful.

Bcc: My Election Corruption Investigators group
        Subject:Notice Of Tort Claim re: NRS 32-1201 and expenditures for appurtenances relating to or used in performing the duties of the election commissioner
Notice Of Tort Claim for the admitted to violation of Nebraska Revised Statute 32-1201, to wit:
"Costs of election; payment; county expense. (In part)...the expenditures for necessary office supplies, books, documents, and appurtenances relating to or used in performing the duties of the election commissioner or county clerk in relation to elections, and the cost of elections for county, state, and federal governments shall be an apportioned county expense..." SourceLaws 1994, LB 76, § 366; Laws 1997, LB 764, § 103.
Admission has been made by Deputy Secretary of State Wayne Bena at least once to a Nebraska county commission as evidenced by his admission to the Lancaster County Board of Commissioners on July 18, 2023 recorded on YouTube (timestamp 0:05:10, https://www.youtube.com/live/47hJljf8_1Y?si=99d_Pxy6uhRgJkPt&t=310) (transcript at the end)
1.  The importance for election commissioners to be 100% supported by the county is easily understood.  Electors casting votes have no other voice in determining race outcomes for the county than a locally funded election commission.  Only a locally funded election commission can function single mindedly to operate as liaison between county voters and authorized recipients of county vote tallies.  Funding of election commissions carries great power over the counting of votes.  Authorized recipients of vote counts prior to publicizing them will include candidates possibly already elected and temptable to influence the election process beyond single vote power by skewing commission accountability and thus power over it.
The state has one or more contracts with ES&S to pay them using state funds instead of counties' funds to perform much or nearly all election vote counting for all Nebraska counties.

2.  The importance of the conducting of elections being the responsibility of an election commission, a government subdivision and subject to PRR (Public Records Requests), rather than conducted by a private, secretive company that is well within its rights to have communist or anti-American political beliefs and well within its rights to be an alliance of dark or secret societies not subject to PRR, is also easily understood. 

ES&S thinks to fight public interest PRRs about their dark vote-counting software.  On November 17, 2023 I asked Brian Kruse in the presence of Wayne Bena and several Douglas County Election Commission staff why ES&S machines, which we present (except Mr. Bena who, though present 3 or 4 yards away in the room, remained silent) all agreed are capable of counting millions upon millions of votes perfectly accurately, continue to count imperfectly as per the Scott County, IA House District 81 legislative race of November 2022.  Mr. Kruse himself answered my question,         "Then why don't they", directly by saying that the machines can only do what their software instructs them to do, speaking those forbidden words out loud. 

Machines whose software is updated for every election or can adjust its counting behavior for different times, like the practice is now,         Courts in New Jersey and New Hampshire no longer rely on computerized vote counting machines         as being anything better than snake oil - an illusory gimmick.          I'm convinced they, their dark software, and their serpentine purveyors are even far worse.

Evidence of this is that New Jersey Superior Court Judge David Bauman on February 02, 2023 ordered a final hand count to determine the race outcome of an ES&S-counted race.  That hand count proved that two and maybe three ES&S counts were ALL fraudulent.  ES&S had no proof otherwise.  Further evidence like this abounds throughout the nation.

For the sake of brevity and expediting serving this Notice and so as not to insult your intelligences, I will leave off from remaining rationales and describe the obvious remedy I'm seeking.  

In my previous Notice, I demanded the Nebraska Constitution be followed to keep our votes private from ES&S.  In this Notice my remedy is to have ES&S self-report both retroactively and henceforth all their vote count deviations from hand counts nationally where they allowed hand counts to prevail over their products' without successfully contesting them.  
Furthermore, ES&S is not to be allowed ANY responsibility to conduct elections because ALL that responsibility belongs to election commissions or county clerks.
Furthermore, any computerized machines used to count votes by reading them from ballots MUST be controlled by software that DOES NOT change between or for elections.  Said software MUST read candidates' names, including write-ins, and read instructions to voters of how many votes are allowed in the race.  The machines must count error-free, and any errors must be investigated by vetted engineers.

Transcript beginning at video timestamp 00:05:10 -
Bena - "...and my belief that if someone from the county did not step up it would be years before new election equipment could be uh purchased for the state because our previous equipment was ending their life cycle so I stepped up took on that job and was able to procure new election equipment for all 93 counties at uh not County taxpayer costs between state and federal funds I was able to do all of that and even here in Lancaster County that had purchased a new machine previous I overtook the maintenance of that machine they took the risk I told them I you know if we ended up with new equipment I wouldn't be able to do that but I was able to do that so that's the perspective I bring coming to this one of the things I took great pride in was that we purchased that equipment delivered that equipment and trained on that equipment by March 1st 2020 and that was an important date because that's when things started to really ramp up and my mandate for the 2020 primary was the primary was not going to be moved so figure out a way to get it done uh and working with our 93 County election officials and thousands of poll workers many who stepped up for the first time to replace their parents and grandparents who were feeling uneasy about working the polls we were the only state in the country to have a primary in the month of May that had polling sites open every polling site in the state was open with the minimum amount of poll workers and uh fully staff for the entire 13-hour period and that's something the state can take great pride in and going through the November general election we did not change one law in order to get our election done we ran this election straight up just like any other election the state has ever had after the 2016 elections a lot of emphasis was put on to election security there was evidence to believe that foreign actors were in trying to interfere trying to find ways to get into our election systems but they weren't very successful and what we learned after the 2016 election is that we needed to work in many different ways to bolster our election security but also we realized that it was a very decentralized system across the United States and foreign actors would not necessarily use ways to hack into our systems but use social media and other uh Avenues to spread misinformation to spread doubt throughout the country..."

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