Michigan Complaint

Case 2:20-cv-13134-LVP-RSW ECF No. 1, PageID.
1 Filed 11/25/20 Page 1 of 75
IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRCT OF MICHIGAN
TIMOTHY KING,MARIAN ELLEN

SHERIDAN, JOHN EARL HAGGARD,
CHARLES JAMES RITCHARD, JAMES CASE NO.
DAVID HOOPER and DAREN WADE
RUBINGH,
Plaintiffs.
v.
GRETCHEN WHITMER, in her official

capacity as Governor of the State of
Michigan, JOCELYN BENSON, in her
official capacity as Michigan Secretary of
State and the Michigan BOARD OFSTATE
CANVASSERS.
Defendants.
COMPLAINT FOR DECLARATORY, EMERGENCY,

AND PERMANENT INJUNCTIVE RELIEF
1
Case 2:20-cv-13134-LVP-RSW ECF No. 1, PageID.2 Filed 11/25/20 Page 2 of 75
NATURE OF THE ACTION
1. This civil action brings to light a massive election fraud, multiple violations of the
Michigan Election Code, see, e.g., MCL §§ 168.730-738, in addition to the Election and Electors
Clauses and Equal Protection Clause of the U.S. Constitution violations that occurred during the
2020 General Election throughout the State of Michigan, 1as set forth in the affidavits of dozens
of eye witnesses and the statistical anomalies and mathematical impossibilities detailed in the
affidavits of expert witnesses.
2. The scheme and artifice to defraud was for the purpose of illegally and
fraudulently manipulating the vote count to manufacture an election of Joe Biden as President of
the United States. The fraud was executed by many means, 2 but the most fundamentally
troubling, insidious, and egregious ploy was the systemic adaptation of old-fashioned “ballot-
stuffing.” It has now been amplified and rendered virtually invisible by computer software
created and run by domestic and foreign actors for that very purpose. This Complaint details an
especially egregious range of conduct in Wayne County and the City of Detroit, though this
conduct occurred throughout the State at the direction of Michigan state election officials.
3. The multifaceted schemes and artifices implemented by Defendants and their
collaborators to defraud resulted in the unlawful counting, or manufacturing, of hundreds of
thousands of illegal, ineligible, duplicate or purely fictitious ballots in the State of Michigan, that
1
The same pattern of election fraud and voter fraud writ large occurred in all the swing states
with only minor variations in Michigan, Pennsylvania, Arizona and Wisconsin. See Exh. 101,
William M. Briggs, Ph.D. “An Analysis Regarding Absentee Ballots Across Several States”
(Nov. 23, 2020) (“Dr. Briggs Report”).
2
50 U.S.C. § 20701 requires Retention and preservation of records and papers by officers of
elections; deposit with custodian; penalty for violation, but as will be shown wide-pattern of
misconduct with ballots show preservation of election records have not been kept; and Dominion
logs are only voluntary, with no system wide preservation system. Without an incorruptible
audit log, there is no acceptable system.
2
constitute a multiple of Biden’s purported lead in the State. While this Complaint, and the
eyewitness and expert testimony incorporated herein, identify with specificity sufficient ballots
required to overturn and reverse the election results, the entire process is so riddled with fraud,
illegality, and statistical impossibility that this Court, and Michigan’s voters, courts, and
legislators, cannot rely on, or certify, any numbers resulting from this election.
Dominion Voting Systems Fraud and Manipulation
4. The fraud begins with the election software and hardware from Dominion Voting
Systems Corporation (“Dominion”) used by the MichiganBoard of State Canvassers. The
Dominion systems derive from the software designed by Smartmatic Corporation, which became
Sequoia in the United States.
5. Smartmatic and Dominion were founded by foreign oligarchs and dictators to
ensure computerized ballot-stuffing and vote manipulation to whatever level was needed to make
certain Venezuelan dictator Hugo Chavez never lost another election.See Exh. 1, Redacted
Declaration of Dominion Venezuela Whistleblower (“Dominion Whistleblower Report”).
Notably, Chavez “won” every election thereafter.
6. As set forth in the DominionWhistleblower Report, the Smartmatic software was
contrived through a criminal conspiracy to manipulate Venezuelan elections in favor of dictator
Hugo Chavez:
Importantly, I was a direct witness to the creation and operation of an electronic

voting system in a conspiracy between a company known as Smartmatic and the
leaders of conspiracy with the Venezuelan government. This conspiracy
specifically involved President Hugo Chavez Frias, the person in charge of the
National Electoral Council named Jorge Rodriguez, and principals,
representatives, and personnel from Smartmatic. The purpose of this conspiracy
was to create and operate a voting system that could change the votes in elections
from votes against persons running the Venezuelan government to votes in their
favor in order to maintain control of the government. In mid-February of 2009,
there was a national referendum to change theConstitution of Venezuela to end
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term limits for elected officials, including the President of Venezuela. The
referendum passed. This permitted Hugo Chavez to be re-elected an unlimited
number of times. . . .
Smartmatic’s electoral technology was called “Sistema de Gestión Electoral” (the

“Electoral Management System”). Smartmatic was a pioneer in this area of
computing systems. Their system provided for transmission of voting data over
the internet to a computerized central tabulating center. The voting machines
themselves had a digital display, fingerprint recognition feature to identify the
voter, and printed out the voter’s ballot. The voter’s thumbprint was linked to a
computerized record of that voter’s identity. Smartmatic created and operated the
entire system. Id. ¶¶ 10 & 14.
7. A core requirement of the Smartmatic software design ultimately adopted by
Dominion for the Michigan’s elections was the software’s ability to hide its manipulation of
votes from any audit. As the whistleblower explains:
Chavez was most insistent that Smartmatic design the system in a way that the
system could change the vote of each voter without being detected. He wanted the
software itself to function in such a manner that if the voter were to place their
thumb print or fingerprint on a scanner, then the thumbprint would be tied to a
record of the voter’s name and identity as having voted, but that voter would not
tracked to the changed vote. He made it clear that the system would have to be
setup to not leave any evidence of the changed vote for a specific voter and that
there would be no evidence to show and nothing to contradict that the name or the
fingerprint or thumb print was going with a changed vote. Smartmatic agreed to
create such a system and produced the software and hardware that accomplished
that result for President Chavez.Id. ¶15.
8. The design and features of the Dominion software do not permit a simple audit to
reveal its misallocation, redistribution, or deletion of votes. First, the system's central
accumulator does not include a protected real-time audit log that maintains the date and time
stamps of all significant election events. Key components of the system utilize unprotected logs.
Essentially this allows an unauthorized user the opportunity to arbitrarily add, modify, or remove
log entries, causing the machine to log election events that do not reflect actual voting
tabulations—or more specifically, do not reflect the actual votes of or the will of the people. See
Exh. 107, August 24, 2020 Declaration of HarriHursti, ¶¶45-48).
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9. Indeed, under the professional standards within the industry in auditing and
forensic analysis, when a log is unprotected, and can be altered, it can no longer serve the
purpose of an audit log.There is incontrovertible physical evidence that the standards of physical
security of the voting machines and the software were breached, and machines were connected to
the internet in violation of professional standards, which violates federal election law on the
preservation of evidence.
10. In deciding to award Dominion a$25 million, ten-year contract (to a Dominion
project team led by Kelly Garrett, former Deputy Director of the Michigan Democratic Party),
and then certifying Dominion software, Michigan officials disregarded all the concerns that
caused Dominion software to be rejected by the Texas Board of elections in 2018 because it was
deemed vulnerable to undetected and non-auditable manipulation. An industry expert, Dr.
Andrew Appel, Princeton Professor of Computer Science and Election Security Expert has
recently observed, with reference to Dominion Voting machines: "I figured out how to make a
slightly different computer program that just before the polls were closed, it switches some votes
around from one candidate to another. I wrote that computer program into a memory chip and
now to hack a voting machine you just need 7 minutes alone with it and a screwdriver." 3
11. Plaintiff’s expert witness, Russell James Ramsland, Jr. (Exh. 101, “Ramsland
Affidavit”), has concluded that Dominion alone is responsible for the injection, or fabrication, of
289,866 illegal votes in Michigan, that must be disregarded. This is almost twice the number of
Mr. Biden’s purported lead in the Michigan vote (without consideration of the additional illegal,
ineligible, duplicate or fictitious votes due to the unlawful conduct outlined below), and thus by
itself is grounds to set aside the 2020 General Election and grant the declaratory and injunctive
Andrew W. Appel, et al., “Ballot Marking Devices (BMDs) Cannot Assure the Will of the
3
Voters” at (Dec. 27, 2019), attached hereto as Exhibit 2 (“Appel Study”).
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relief requested herein.
12. In addition to the Dominion computer fraud, this Complaint identifies several
additional categories of “traditional” voting fraud and Michigan Election Code violations,
supplemented by healthy doses of harassment, intimidation, discrimination, abuse and even
physical removal of Republican poll challengers to eliminate any semblance of transparency,
objectivity or fairness from the vote counting process. While this illegal conduct by election
workers and state, county and city employees in concert with Dominion, even if considered in
isolation, the following three categories of systematic violations of the Michigan Election Code
cast significant doubt on the results of the election and mandate this Court to set aside the 2020
General Election and grant the declaratory and injunctive relief requested herein.
Fact Witness Testimony of Voting Fraud & Other Illegal Conduct
13. There were three broad categories of illegal conduct by election workers in
collaboration with other employee state, county and/or city employees and Democratic poll
watchers and activists.First, to facilitate and cover-up the voting fraud and counting of
fraudulent, illegal or ineligible voters, election workers:
A. Denied Republican election challengers access to the TCF Center, where all
Wayne County, Michigan ballots were processed and counted;
B. Denied Republic poll watchers at the TCF Center meaningful access to view
ballot handling, processing, or counting and
lockedcredentialedchallengersoutofthe counting room so they could not observe
the process, during which time tens of thousands of ballots wereprocessed;
C. Engaged in a systematic pattern of harassment, intimidation and even physical

removal of Republican election challengers or locking them out of the TCF
Center;
D. Systematically discriminated against Republican poll watchers and favored

Democratic poll watchers;
E. Ignored or refused to record Republican challenges to the violations outlined

herein;
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F. Refused to permit Republican poll challengers to observe ballot duplication and

other instances where they allowed ballots to be duplicated by hand without
allowing poll challengers to check if the duplication was accurate;
G. Unlawfully coached voters to vote for Joe Biden and to vote a straight Democrat
ballot, including by going overtothevotingboothswithvotersinorder to watch them
vote and coach them for whom to vote;
H. As a result of the above, Democratic election challengers outnumbered

Republicans by 2:1 or 3:1 (or sometimes 2:0 at voting machines); and
I. Collaborated with Michigan State, Wayne County and/or City of Detroit

employees (including police) in all of the above unlawful and discriminatory
behavior.
14. Second, election workers illegally forged, added, removed or otherwise altered
information on ballots, the Qualified Voter File (QVF) and Other Voting Records, including:
A. Fraudulently adding “tens of thousands” of new ballots and/or new voters to QVF
in two separate batches on November 4, 2020, all or nearly all of which were
votes for Joe Biden;
B. Forging voter information and fraudulently adding new voters to the QVF Voters,
in particular, e.g., when a voter’s name could not be found, the election worker
assigned the ballot to a random name already in the QVF to a person who had
notvoted and recordedthesenewvotersashavingabirthdate of1/1/1900;
C. Changing dates on absenteeballots received after 8:00 PM Election Day deadline

to indicate that such ballots were received before the deadline;
D. Changing Votes for Trump and other Republican candidates; and
E. Added votes to “undervote” ballots and removing votes from “Over-Votes”.
15. Third, election workers committed several additional categories of violations of
the Michigan Election Code to enable them to accept and count other illegal, ineligible or
duplicate ballots, or reject Trump or Republican ballots, including:
A. Permitting illegal double voting by persons that had voted by absentee ballot and
in person;
B. Counting ineligible ballots – and in many cases – multiple times;
C. Counting ballots without signatures, or without attempting to match signatures,

and ballots without postmarks, pursuant to direct instructions from Defendants;
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D. Counting “spoiled” ballots;
E. Systematic violations of ballot secrecy requirements;
F. Unsecured ballots arrived at the TCF Center loading garage, not in sealed ballot
boxes, without any chain of custody, and withoutenvelopes, after the 8:00 PM
Election Day deadline, in particular, the tens of thousands of ballots that arrived
on November 4, 2020; and
G. Accepting and counting ballots from deceased voters.
Expert Witness Testimony Regarding Voting Fraud
16. In addition to the above fact witnesses, this Complaint presents expert witness
testimony demonstrating that several hundred thousand illegal, ineligible, duplicate or purely
fictitious votes must be thrown out, in particular: (1) a report from Russel Ramsland, Jr. showing
the “physical impossibility” of nearly 385,000 votes injected by four precincts/township on
November 4, 2020, that resulted in the counting of nearly 290,000 more ballots processed than
available capacity (which is based on statistical analysis that is independent of his analysis of
Dominion’s flaws); (2) a report from Dr. William Briggs, showing that there were approximately
60,000 absentee ballots listed as “unreturned” by voters that either never requested them, or that
requested and returned their ballots; and (3) a report from Dr. Eric Quinell analyzing the
anomalous turnout figures in Wayne and Oakland Counties showing that Biden gained nearly
100% and frequently more than 100% of all “new” voters in certain townships/precincts over
2016, and thus indicated that nearly 87,000 anomalous and likely fraudulent votes from these
precincts.
17. As explained and demonstrated in the accompanying redacted declaration of a
former electronic intelligence analyst under 305th Military Intelligence with experience
gathering SAM missile system electronic intelligence, the Dominion software was accessed by
agents acting on behalf of China and Iran in order to monitor and manipulate elections, including
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the most recent US general election in 2020. This Declaration further includes a copy of the
patent records for Dominion Systems in which Eric Coomer is listed as the first of the inventors
of Dominion Voting Systems. (See Attached hereto as Ex. 105, copy of redacted witness
affidavit, November 23, 2020).
18. Expert Navid Keshavarez-Nia explains that US intelligence services had
developed tools to infiltrate foreign voting systems including Dominion. He states that
Dominion's software is vulnerable to data manipulation by unauthorized means and permitted
election data to be altered in all battleground states. He concludes that hundreds of thousands of
votes that were cast for President Trump in the 2020 general election were transferred to former
Vice-President Biden. (Ex. 109).
19. These and other “irregularities” provide this Court grounds to set aside the results
of the 2020 General Election and provide the other declaratory and injunctive relief requested
herein.
JURISDICTION ANDVENUE
20. This Court has subject matter under 28 U.S.C. § 1331 which provides, “The
district courts shall have original jurisdiction of all civil actions arising under the Constitution,
laws, or treaties of the United States.”
21. This Court also has subject matter jurisdiction under 28 U.S.C. § 1343 because
this action involves a federal election for President of the United States. “A significant departure
from the legislative scheme for appointing Presidential electors presents a federal constitutional
question.” Bush v. Gore, 531 U.S. 98, 113 (2000) (Rehnquist, C.J., concurring); Smiley v. Holm,
285 U.S. 355, 365(1932).
22. ThejurisdictionoftheCourttograntdeclaratoryreliefisconferredby28U.S.C. §§ 2201
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and 2202 and by Rule 57, Fed. R. Civ. P.
23. This Court has jurisdiction over the related Michigan constitutional claims and
state-law claims under 28 U.S.C.§ 1367.Venueisproperbecausea substantial part of the events or
omissions giving rise to the claim occurred in the Eastern District. 28 U.S.C. § 1391(b) &(c).
24. Because the United States Constitution reserves for state legislatures the power to
set the time, place, and manner of holding elections for Congress and the President, state
executive officers, including but not limited to Secretary Benson, have no authority to
unilaterally exercise that power, much less flout existinglegislation.
THE PARTIES
25. Each of the following Plaintiffs are registered Michigan voters and nominees of
the Republican Party to be a Presidential Elector on behalf of the State of Michigan: Timothy
King, a resident of Washtenaw County, Michigan; Marian Ellen Sheridan, a resident of Oakland
County, Michigan; and,John Earl Haggard, a resident of Charlevoix, Michigan;
26. Each of these Plaintiffshas standing to bring this action as voters and as
candidates for the office of Elector under MCL §§ 168.42 & 168.43 (election procedures for
Michigan electors).As such, Presidential Electors “have a cognizable interest in ensuring that the
final vote tally reflects the legally valid votes cast,” as “[a]n inaccurate vote tally is a concrete
and particularized injury to candidates such as the Electors.” Carson v. Simon, 978 F.3d 1051,
1057 (8th Cir. 2020) (affirming that Presidential Electors have Article III and prudential standing
to challenge actions of Secretary of State in implementing or modifying State election laws); see
also McPherson v. Blacker, 146 U.S. 1, 27 (1892); Bush v. Palm Beach Cty. Canvassing Bd.,
531 U.S. 70, 76 (2000) (per curiam). Each brings this action to set aside and decertify the
election results for the Office of President of the United States that was certified by the Michigan
Secretary of State on November 23, 2020. The certified results showed a plurality of 154,188
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votes in favor of former Vice-President Joe Biden over President Trump.
27. Plaintiff James Ritchard is a registered voter residing in Oceana County. He is
the Republican Party Chairman of Oceana County.
28. Plaintiff James David Hooper is a registered voter residing in Wayne County. He
is the Republican Party Chairman for the Wayne County Eleventh District.
29. Plaintiff Daren Wade Ribingh is a registered voter residing in Antrim County. He
is the Republican Party Chairman of Antrim County. is
30. Defendant Gretchen Whitmer (Governor of Michigan) is named herein in her
official capacity as Governor of the State of Michigan.
31. Defendant JocelynBenson (“Secretary Benson”) isnamed as
adefendantinherofficial capacity as Michigan’sSecretaryofState. Jocelyn Benson is the “chief
elections officer” responsible for overseeing the conduct of Michigan elections. MCL § 168.21
(“The secretary of state shall be the chief election officer of the state and shall have supervisory
control over local election officials in the performance of their duties under the provisions of
this act.”); MCL § 168.31(1)(a)(the“SecretaryofStateshall…issueinstructions
andpromulgaterules…fortheconduct of elections and registrations in accordance with the laws
of this state”). Local election officials must follow Secretary Benson’s instructions regarding
the conduct of elections. Michigan law provides that Secretary Benson “[a]dvise and direct
local election officials as to the proper methods of conducting elections.” MCL § 168.31(1)(b).
See also Hare v. Berrien Co Bd. of Election, 129 N.W.2d 864 (Mich. 1964); Davis v. Secretary
of State, 2020 Mich. App. LEXIS 6128, at *9 (Mich. Ct. App. Sep. 16, 2020). Secretary
Bensonis responsibleforassuringMichigan’slocalelectionofficialsconductelectionsinafair,just,
and lawful manner. See MCL 168.21; 168.31; 168.32. See also League of Women Voters of
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Michigan v. Secretary of State, 2020 Mich. App. LEXIS 709, *3 (Mich. Ct. App. Jan. 27,
2020); Citizens Protecting Michigan's Constitution v. Secretary of State, 922 N.W.2d
404(Mich.Ct.App.2018),aff’d921N.W.2d247(Mich.2018);Fitzpatrickv.Secretaryof State, 440
N.W.2d 45 (Mich. Ct. App. 1989).
32. Defendant Michigan Board of State Canvassers is “responsible for approv[ing]
votingequipmentforuseinthestate,certify[ing]theresultofelectionsheldstatewide….” Michigan
Election Officials’ Manual, p. 4. See also MCL 168.841, etseq. On March 23, 2020, the Board
of State Canvassers certified the results of the 2020 election finding that Joe Biden had received
154,188 more votes than President Donald Trump.
STATEMENT OF FACTS
33. Plaintiffs bring this action under 42 U.S.C. §§ 1983 and 1988, and under MCL
168.861, to remedy deprivations of rights, privileges, or immunities secured by the Constitution
and laws of the United States and to contest the election results, and the corollary under the
Michigan Constitution.
34. The United States Constitution sets forth the authority to regulate federal
elections. With respect to congressional elections, the Constitution provides.
35. The Times, Places and Manner of holding Elections for Senators and
Representatives, shall be prescribed in each State by the Legislature thereof; but the Congress
may at any time by Law make or alter such Regulations, except as to the Places of choosing
Senators. U.S. CONST. art. I, § 4 (“Elections Clause”).
36. With respect to the appointment of presidential electors, the Constitution
provides: Each State shall appoint, in such Manner as the Legislature thereof may direct, a
Number of Electors, equal to the whole Number of Senators and Representatives to which the
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State may be entitled in the Congress: but no Senator or Representative, or Person holding an
Office of Trust or Profit under the United States, shall be appointed an Elector. U.S. CONST.
art. II, § 1 (“Electors Clause”). Under the Michigan Election Code, the Electors of the President
and Vice President for the State of Michigan are elected by each political party at their state
convention in each Presidential election year. See MCL §§ 168.42 & 168.43.
37. Neither Defendant is a “Legislature” as required under the Elections Clause or
Electors Clause. The Legislature is “‘the representative body which ma[kes] the laws of the
people.’” Smiley, 285 U.S. 365. Regulations of congressional and presidential elections, thus,
“must be in accordance with the method which the state has prescribed for legislative
enactments.” Id. at 367; see also Ariz. State Legislature v. Ariz. Indep. Redistricting Comm’n,
576 U.S. 787, 135 S. Ct. 2652, 2668 (U.S. 2015).
38. While the Elections Clause "was not adopted to diminish a State's authority to
determine its own lawmaking processes," Ariz.State Legislature, 135 S. Ct. at 2677, it does
hold states accountable to their chosen processes when it comes to regulating federal
elections, id. at 2668. "A significant departure from the legislative scheme for appointing
Presidential electors presents a federal constitutional question." Bush, 531 U.S. at 113
(Rehnquist, C.J., concurring); Smiley, 285 U.S. at 365.
39. And Plaintiffs bring this action,to vindicate his constitutional right to a free and
fair election ensuring the accuracy and integrity of the process pursuant to the Michigan
Constitution, art. 2, sec. 4, par. 1(h), which states all Michigan citizenshave:
The right to have the results of statewide elections audited, in such a manner as
prescribed by law, to ensure the accuracy and integrity of elections.
40. TheMich.Const.,art.2,sec.4,furtherstates,“Allrightssetforthinthissubsection shall
be self-executing. This subsection shall be liberally construed in favor of voters' rights in order to
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effectuate itspurposes.”
41. Based upon all the allegations of fraud, statutory violations, and other misconduct,
as stated herein and in the attached affidavits, it is necessary to enjoin the certification of the
election results pending a full investigation and court hearing, and to order an independent audit
of the November 3, 2020 election to ensure the accuracy and integrity of theelection
I. LEGAL BACKGROUND: RELEVANT PROVISIONS OF THE MICHIGAN

ELECTION CODE AND ELECTION CANVASSING PROCEDURES.
A. Michigan law requires Secretary Benson and local election officials to

provide designated challengers a meaningful opportunity to observe the
conduct ofelections.
42. Challengers representing a political party, candidate, or organization interested in
the outcome of the election provide a critical role in protecting the integrity
ofelectionsincludingthepreventionofvoterfraudandotherconduct(whethermaliciously undertaken
or by incompetence) that could affect the conduct of the election. See MCL § 168.730-738.
43. MichiganrequiresSecretaryofStateBenson,localelectionauthorities,and
stateandcountycanvassingboardstoprovidechallengerstheopportunitytomeaningfully participate
in, and oversee, the conduct of Michigan elections and the counting ofballots.
44. Michigan’selectioncodeprovidesthatchallengersshallhavethefollowing rights and
responsibilities:
a. An election challenger shall be provided a space within a polling place where

they can observe the election procedure and each person applyingto vote.
MCL§ 168.733(1).
b. An election challenger must be allowed opportunity to inspect poll books as

ballots are issued to electors and witness the electors’ names being entered in
the poll book. MCL§ 168.733(1)(a).
c. AnelectionChallengermustbeallowedtoobservethemannerinwhichthe duties of
the election inspectors are being performed. MCL§ 168.733(1)(b).
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d. An election challenger is authorized to challenge the voting rights of a person

who the challenger has good reason to believe is not a registered elector.
MCL§ 168.733(1)(c).
e. Anelectionchallengerisauthorizedtochallengeanelectionprocedurethat is not
being properly performed. MCL§ 168.733(1)(d).
f. Anelectionchallengermaybringtoanelectioninspector’sattentionanyof the
following: (1) improper handling of a ballot by an elector or election
inspector; (2) a violation of a regulation made by the board of election
inspectors with regard to the time in which an elector may remain in the
polling place; (3) campaigning and fundraising being performed by an
electioninspectororotherpersoncoveredbyMCL§168.744;and/or(4)any
otherviolationofelectionlaworotherprescribedelectionprocedure.MCL
§ 168.733(1)(e).
g. An election challenger may remain present during the canvass of votesand

until the statement of returns is duly signed and made. MCL§168.733(1)(f).
h. An election challenger may examine each ballot as it is being counted.

MCL§ 168.733(1)(g).
i. An election challenger may keep records of votes cast and other election
procedures as the challenger desires. MCL §168.733(1)(h).
j. Anelectionchallengermayobservetherecordingofabsentvoterballotson voting
machines. MCL§168.733(1)(i).
45. The Michigan Legislature adopted these provisions to prevent and deter
votefraud,requiretheconductofMichiganelectionstobetransparent,andtoassurepublic
confidenceintheoutcomeoftheelectionnomatterhowclosethefinalballottallymaybe.
46. Michigan values the important role challengers perform in assuring the
transparency and integrity of elections. For example, Michigan law provides it is a felony
punishable by up to two years in state prison for any person to threaten or intimidate a challenger
who is performing any activity described in Michigan law. MCL § 168.734(4).
Itisafelonypunishablebyuptotwoyearsinstateprisonforanypersontopreventthepresence of a
challenger exercising their rights or to fail to provide a challenger with “conveniences for the
performance of the[ir] duties.” MCL 168.734.
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47. TheresponsibilitiesofchallengersareestablishedbyMichiganstatute.MCL § 168.730
states:
(1) Atanelection,apoliticalpartyor[anorganization]interestedinpreserving the

purity of elections and in guarding against the abuse of the elective franchise,
may designate challengers as provided in this act. Except as otherwise
provided in this act, a political party [or interested organization] may
designate not more than 2 challengers to serve in a precinct at any 1 time. A
political party [or interested organization] may designate not more than 1
challenger to serve at each countingboard.
(2) A challenger shall be a registered elector ofthisstate ........... A candidateforthe

office of delegate to a county convention may serve as a challenger in a
precinct other than the 1 in which he or she is a candidate. . . .
(3) A challenger may be designated to serve in more than 1 precinct. The

politicalparty[orinterestedorganization]shallindicatewhichprecinctsthe
challenger will serve when designating challengers under subsection (1). If
more than 1 challenger of a political party [or interested organization] is
servinginaprecinctatany1time,only1ofthechallengershastheauthority to initiate
a challenge at any given time. The challengers shall indicate to the board of
election inspectors which of the 2 will have thisauthority. The challengers may
change this authority and shall indicate the change to the board of
electioninspectors.
48. SecretaryBensonandWayneCountyviolatedtheseprovisionsofMichigan law and
violated the constitutional rights of Michigan citizens and voters when they did not conduct this
general election in conformity with Michigan law and the United States Constitution.
B. The canvassing process in Michigan.
49. Michigan has entrusted the conduct of elections to three categories of
individuals,a“boardofinspectors,”a“boardofcountycanvassers,”andthe“boardofstate canvassers.”
50. The board of inspectors, among its other duties, canvasses the ballots and
compares the ballots to the poll books. See MCL § 168.801. “Such canvass shall be public and
the doors to the polling places and at least 1 door in the building housing the polling places and
giving ready access to them shall not be locked during such canvas.” Id. The members of the
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board of inspectors (one from each party) are required to seal the ballots
andelectionequipmentandcertifythestatementofreturnsandtallysheetsanddeliverthe
statementofreturnsandtallysheettothetownshiporcityclerk,whoshalldeliverittothe probate court
judge, who will than deliver the statement of returns and tally sheet to the “board of county
canvassers.” MCL § 168.809. “All election returns, including poll lists,
statements,tallysheets,absentvoters’returnenvelopesbearingthestatementrequired[to cast an
absentee ballot] … must be carefully preserved.” MCL § 810a and § 168.811 (emphasis added).
51. After the board of inspectors completes its duties, the board of county canvassers
is to meet at the county clerk’s office “no later than 9 a.m. on the Thursday after” the election.
November 5, 2020 is the date for the meeting. MCL 168.821. The board of county canvassers
has power to summon and open ballot boxes, correct errors, and summon election inspectors to
appear. Among other duties and responsibilities, the board of county canvassers shall do the
following provided in MCL168.823(3).
52. The board of county canvassers shall correct obvious mathematical errors in the
tallies and returns.
The board of county canvassers may, if necessary for a proper determination,

summon the election inspectors before them, and require them to count any ballots
that the election inspectors failed to count, to make correct returns in case, in the
judgment of the board of county canvassers after examining the returns, poll lists,
or tally sheets, the returns already made are incorrect or incomplete, and the board
of county canvassers shall canvass the votes from the corrected returns. In the
alternative to summoning the election inspectors before them, the board of county
canvassers may designate staff members from the county clerk’s office to count
any ballots that the election inspectors failed to count, to make correct returns in
case, in the judgment of the board of county canvassers after examining the
returns, poll lists, or tally sheets, thereturns already made are incorrect or
incomplete, and the board of county canvassers shall canvass the votes from the
corrected returns. When the examination of the papers is completed, or the ballots
have been counted,
theyshallbereturnedtotheballotboxesordeliveredtothepersonsentitled by law to
their custody, and the boxes shall be locked and sealed and delivered to the
17
legalcustodians. The county board of canvassers shall “conclude the canvass at the
earliest possible time and in every case no later than the fourteenth day after the
election,” which
isNovember17.MCL168.822(1).But,“[i]ftheboardofcountycanvassersfailstocertify
the results of any election for any officer or proposition by the fourteenth day after
the election as provided, the board of county canvassers shall immediately deliver
to the secretary of the board of state canvassers all records and other information
pertaining to
theelection.Theboardofstatecanvassersshallmeetimmediatelyandmakethenecessary
determinationsandcertifytheresultswithinthe10daysimmediatelyfollowingthereceip
t of the records from the board of county canvassers.” MCL168.822(2).
53. The Michigan board of state canvassers then meets at the Secretary of State’s
office the twentieth day after the election and announce its determination of the canvass “not
later than the fortieth day after the election.” For this general election that is November 23 and
December 3. MCL 168.842. There is provision for the Secretary of State to direct an expedited
canvass of the returns for the election of electors for President and VicePresident.
54. The county board of canvassers shall “conclude the canvass at the earliest
possible time and in every case no later than the fourteenth day after the election,” which
isNovember17.MCL168.822(1).But,“[i]ftheboardofcountycanvassersfailstocertify the results of
any election for any officer or proposition by the fourteenth day after the election as provided,
the board of county canvassers shall immediately deliver to the secretary of the board of state
canvassers all records and other information pertaining to
theelection.Theboardofstatecanvassersshallmeetimmediatelyandmakethenecessary
determinationsandcertifytheresultswithinthe10daysimmediatelyfollowingthereceipt of the
records from the board of county canvassers.” MCL168.822(2).
55. The Michigan board of state canvassers then meets at the Secretary of State’s
office the twentieth day after the election and announce its determination of the canvass “not
later than the fortieth day after the election.” For this general election that is November 23 and
December 3. MCL 168.842. There is provision for the Secretary of State to direct an expedited
18
canvass of the returns for the election of electors for President and VicePresident.
56. The federal provisions governing the appointment of electors to the Electoral
College, 3 U.S.C. §§ 1-18, require Michigan Governor Whitmer to preparea Certificate of
Ascertainment by December 14, the date the Electoral Collegemeets.
57. The United States Code (3 U.S.C. §5) provides that if election results are
contestedinanystate,andifthestate,priortoelectionday,hasenactedprocedurestosettle controversies
or contests over electors and electoral votes, and if these procedures have been applied, and the
results have been determined six days before the electors’ meetings,
thentheseresultsareconsideredtobeconclusiveandwillapplyinthecountingofthe electoral votes.
This date (the “Safe Harbor” deadline) falls on December 8, 2020. The governor of any state
where there was a contest, and in which the contest was decided according to established state
procedures, is required (by 3 U.S.C. § 6) to send a certificate describing the form and manner by
which the determination was made to the Archivist as soon as practicable.
58. The members of the board of state canvassers are Democrat Jeannette Bradshaw,
Republican Aaron Van Langeveide, Republican Norman Shinkle, and Democrat Julie Matuzak.
Jeanette Bradshaw is the Board Chairperson. The members of the Wayne County board of
county canvassers are Republican Monica Palmer, Democrat Jonathan Kinloch, Republican
William Hartmann, and Democrat Allen Wilson. Monica Palmer is the BoardChairperson.
59. More than one hundred credentialed election challengers provided sworn
affidavits.Theseaffidavitsstated,amongothermatters,thatthesecredentialedchallengers were denied
a meaningful opportunity to review election officials in Wayne County handling ballots,
processing absent voter ballots, validating the legitimacy of absentvoterballots, and the general
conduct of the election and ballot counting. See Exhibit 1 (affidavits of election challengers).
19
II. FACTUAL ALLEGATIONS AND FACT WITNESS

TESTIMONYREGARDINGMICHIGAN ELECTION CODE VIOLATIONS AND
OTHER UNLAWFUL CONDUCT BY ELECTION WORKERS AND MICHIGAN
STATE, WAYNE COUNTY AND/OR CITY OF DETROIT EMPLOYEES.
60. Wayne County used the TCF Center in downtown Detroit to consolidate, collect,
and tabulate all of the ballots for
theCounty.TheTCFCenterwastheonlyfacilitywithinWayneCountyauthorizedtocountthe ballots.
A. Republican Election ChallengersWere Denied Opportunity to Meaningfully

Observe the Processing and Counting of Ballots.
61. There is a difference between a ballot and a vote. A ballot is a piece of paper. A
vote is a ballot that has been completed by a citizen registered to vote who has the right to cast a
vote and has done so in compliance with Michigan election law by, among other things,
verifying their identity and casting the ballot on or before Election Day. It is the task of Secretary
Benson and Michigan election officials to assure that only ballots cast by individuals entitled to
cast a vote in the election are counted and to make
surethatallballotscastbylawfulvotersarecountedandtheelectionisconductedinaccord with
Michigan’s Election Code uniformly throughoutMichigan.
62. Challengers provide the transparency and accountability to assure ballots are
lawfully cast and counted as provided in Michigan’s Election Code and voters can be
confidenttheoutcomeoftheelectionwashonestlyandfairlydeterminedbyeligiblevoters.
63. WayneCountyexcludedcertifiedchallengersfrommeaningfullyobserving the
conduct of the election in violation of the Michigan Election Code. This allowed a substantial
number of ineligible ballots to be counted, as outlined in Section B. below. These systematic
Michigan Election Code violations, and the disparate treatment of Republican vs. Democratic
poll challengers, also violated the Equal Protection Clause and other provisions of the U.S.
Constitution as detailed herein. The following affidavits describe the specifics that were
20
observed. This conduct was pervasive in Wayne County as attested to in the affidavits attached at
EXHIBIT3.
1. Republican Observers Denied Access to TCF Center
64. Many individuals designated as challengers to observe the conduct of the election
were denied meaningful opportunity to observe the conduct of the election. For example,
challengers designated by the Republican Party or Republican candidates were denied access to
the TCF Center (formerly called Cobo Hall) ballot counting location in Detroit while Democratic
challengers were allowed access. Exhibit 3 (Deluca aff. ¶¶7-9, 16-18; Langer aff. ¶3; Papsdorf
aff. ¶3; Frego aff. ¶9; Downing aff. ¶¶2-9, 11, 15, 22; Sankey aff. ¶¶5-8; Ostin aff. ¶¶5-7;
Cavaliere aff. ¶3; Cassin aff. ¶4; Rose aff. ¶18; Zimmerman aff. ¶8; Langer aff. ¶3; Poplawski
aff. ¶3; Henderson aff. ¶7; Fuqua-Freyaff.¶5; Ungar aff. ¶4; Eilf aff. ¶¶9, 17; Jeup aff. ¶¶6-7;
Tietz aff. ¶¶9-18; McCall aff. ¶¶5-6; Arnoldyaff.¶¶5,8-
9(unlimitedmembersofthemediawerealsoallowedinsideregardless of COVID restrictions while
Republican challengers were excluded)).
65. Many challengers stated that Republican challengers who had been admitted to the
TCF Center but who left were not allowed to return. Id. (Bomer aff.¶16; Paschke aff. ¶4;
Schneider aff., p. 2; Arnoldy aff. ¶6; Boller aff. ¶¶13-15 (removed and not allowed to serve as
challenger); Kilunen aff. ¶7; Gorman aff. ¶¶6-8; Wirsing aff.,p. 1; Rose aff. ¶19; Krause aff. ¶¶9,
11; Roush aff. ¶16; M. Seely aff. ¶6; Fracassi aff. ¶6; Whitmore aff. ¶5). Furthermore,
Republican challengers who left the TCF Center were not allowed to be replaced by other
Republican challengers while Democratic challengers were replaced.
2. Disparate and Discriminatory Treatment of Republican vs.

Democratic Challengers.
66. As a result of Republican challengers not being admitted or re-admitted, while
21
Democratic challengers were freely admitted, there were many more Democratic challengers
allowed to observe the processing and counting of absent voter ballots than Republican
challengers. Id. (Helminen aff. ¶12 (Democratic challengers outnumbered Republican
challengers by at least a two-to-one ratio); Daavettila aff., p. 2 (ten
timesasmanyDemocraticchallengersasRepublican);A.Seelyaff.¶19;Schneideraff.,p. 2; Wirsing
aff., p. 1; Rauf aff. ¶21; Roush aff. ¶¶16-17; Topini aff.¶4).
67. Many challengers testified that election officials strictly and exactingly enforced a
six-foot distancing rule for Republican challengers but not for Democratic challengers. Id.
(Paschke aff. ¶4; Wirsing aff., p. 1; Montie aff. ¶4; Harris aff. ¶3; Krause aff. ¶7; Vaupel aff. ¶5;
Russel aff. ¶7; Duus aff. ¶9; Topini aff. ¶6). As a result, Republican challengers were not
allowed to meaningfully observe the ballot counting process.
3. Republican Challengers Not Permitted to View Ballot Handling,

Processing or Counting.
68. Many challengers testified that their ability to view the handling, processing, and
counting of ballots was physically and intentionally blocked by election
officials.I d . (A.Seelyaff.¶15;Milleraff.¶¶13-14;Pennalaaff.¶4;Tysonaff.¶¶12- 13, 16; Ballew aff.
¶8; Schornak aff. ¶4; Williamson aff. ¶¶3, 6; Steffans aff. ¶¶15-16, 23- 24; Zaplitny aff. ¶15;
Sawyer aff. ¶5; Cassin aff. ¶9; Atkins aff. ¶3; Krause aff. ¶5;Shereraff. ¶¶15, 24; Basler aff. ¶¶7-
8; Early aff. ¶7; Posch aff. ¶7; Chopjian aff. ¶11; Shock aff.¶7; Schmidt aff. ¶¶7-8; M. Seely aff.
¶4; Topini aff. ¶8).
69. At least three challengers said they were physically pushed away from counting
tables by election officials to a distance that was too far to observe the counting. Id. (Helminen
aff. ¶4; Modlin aff. ¶¶4, 6; Sitek aff. ¶4). Challenger Glen Sitek reported that he was pushed
twice by an election worker, the second time in the presence of police officers. Id. (Sitek aff. ¶4).
22
Sitek filed a police complaint.Id.
70. Challenger Pauline Montie stated that she was prevented from viewing the
computer monitor because election workers kept pushing it further away and made her stand
back away from the table. Id. (Montie aff. ¶¶4-7). When Pauline Montie told an election worker
that she was not able to see the monitor because they pushed it farther away from her, the
election worker responded, “too bad.” Id.¶8.
71. Many challengers witnessed Wayne County election officials covering the
windows of the TCF Center ballot counting center so that observers could not observe the ballot
counting process. Id. (A. Seely aff. ¶¶9, 18; Helminen aff. ¶¶9, 12; Deluca aff. ¶13; Steffans aff.
¶22; Frego aff. ¶11; Downing aff. ¶21; Sankey aff. ¶14; Daavettila
aff.,p.4;Zimmermanaff.¶10;Krauseaff.¶12;Shereraff.¶22;Johnsonaff.¶7;Poschaff.¶10;Raufaff.¶23
;Lukeaff.,p.1;M.Seelyaff.¶8;Zelaskoaff.¶8;Ungaraff.¶12;Storm aff. ¶7; Fracassi aff. ¶8; Eilf aff.
¶25; McCall aff.¶9).
4. Harassment, Intimidation & Removal of Republican Challengers
72. Many challengers testified that they were intimidated, threatened, and harassed by
election officials during the ballot processing and counting process. Id. (Ballew aff. ¶¶7, 9;
Gaicobazzi aff. ¶¶12-14 (threatened repeatedly and removed);
Schneideraff.,p.1;Piontekaff.¶11;Steffansaff.¶26(intimidationmadeherfeeltooafraid to make
challenges); Cizmar aff. ¶8(G); Antonie aff. ¶3; Zaplitny aff. ¶20; Moss aff. ¶4; Daavettila aff.,
pp. 2-3; Tocco aff. ¶¶1-2; Cavaliere ¶3; Kerstein aff. ¶3; Rose aff. ¶16; Zimmerman aff. ¶5;
Langer aff. ¶3; Krause aff. ¶4; Sherer aff. ¶24; Vaupel aff. ¶4; Basler aff. ¶8; Russell aff. ¶5;
Burton aff. ¶5; Early aff. ¶7; Pannebecker aff. ¶10; Sitek aff. ¶4; Klamer aff. ¶4; Leonard aff.
¶¶6, 15; Posch aff. ¶¶7, 14; Rauf aff. ¶24; Chopjian aff. ¶10;
Cooperaff.¶12;Shockaff.¶9;Schmidtaff.¶¶9-10;Duusaff.¶10;M.Seelyaff.¶4;Storm aff. ¶¶5, 7;
23
DePerno aff. ¶¶5-6; McCall aff. ¶¶5, 13). ArticiaBomer was called a “racist name” by an election
worker and also harassed by other election workers. Id. (Bomeraff.¶7). Zachary Vaupel reported
that an election supervisor called him an “obscene name”
andtoldhimnottoaskquestionsaboutballotprocessingandcounting. Id.(Vaupelaff.¶4). Kim Tocco
was personally intimidated and insulted by election workers. Id. (Tocco aff. ¶¶1-2). Qian
Schmidt was the target of racist comments and asked, “what gives you the right to be here since
you are not American?” Id. (Schmidt aff. ¶9).
73. Other challengers were threatened with removal from the counting area if they
continued to ask questions about the ballot counting process. Id. (A. Seely aff. ¶¶6, 13, 15;
Pennalaaff. ¶5). Challenger Kathleen Daavettila observed that Democratic challengers
distributed a packet of information among themselves entitled, “Tactics to Distract GOP
Challengers.” Id. (Daavettila aff., p. 2). An election official told challenger Ulrike Sherer that the
election authority had a police SWAT team waiting outside if Republican challengers argued too
much. Id. (Sherer aff. ¶24). An election worker told challenger
JazmineEarlythatsince“Englishwasnot[her]firstlanguage…[she]shouldnotbetaking part in this
process.” Id. (Early aff. ¶11).
74. Election officials at the TCF Center in Detroit participated in the intimidation
experienced by Republican challengers when election officials would applaud, cheer, and yell
whenever a Republican challenger was ejected from the counting area. Id. (Helminen aff. ¶9;
Pennala aff. ¶5; Ballew aff. ¶9; Piontek aff. ¶11;
Papsdorfaff.¶3;Steffansaff.¶25;Cizmaraff.¶8(D);Kilunenaff.¶5;Daavettilaaff.,p.4; Cavaliere aff.
¶3; Cassin aff. ¶10; Langer aff. ¶3; Johnson aff. ¶5; Early aff. ¶13; Klamer aff. ¶8; Posch aff.
¶12; Rauf aff. ¶22; Chopjian aff. ¶13; Shock aff.¶10).
24
5. Poll Workers Ignored or Refused to Record Republican Challenges.
75. Unfortunately, this did not happen in Wayne County. Many challengers testified
that their challenges to ballots were ignored and disregarded. Id. (A.Seely aff. ¶4; Helminen aff.
¶5; Miller aff. ¶¶10-11; Schornak aff. ¶¶9, 15; Piontek aff. ¶6;
Daavettilaaff.,p.3;Valiceaff.¶2;Sawyeraff.¶7;Kerstein aff.¶3;Modlinaff.¶4;Cassin aff. ¶6;
Brigmon aff. ¶5; Sherer aff. ¶11; Early aff. ¶18; Pannebecker aff. ¶9; Vanker aff. ¶5; M. Seely
aff. ¶11; Ungar aff. ¶¶16-17; Fracassi aff. ¶4).
76. As an example of challenges being disregarded and ignored, challenger Alexandra
Seely stated that at least ten challenges she made were not recorded. Id. (A. Seely aff. ¶4).
ArticiaBomer observed that ballots with votes for Trump were separated
fromotherballots.Id.(Bomeraff.¶5).ArticiaBomerstated,“Iwitnessedelectionworkers open ballots
with Donald Trump votes and respond by rolling their eyes and showing it to other poll workers.
I believe some of these ballots may not have been properly counted.” Id. ¶8. Braden Gaicobazzi
challenged thirty-five ballots for whom the voter records did not exist in the poll book, but his
challenge was ignored and disregarded. Id. (Giacobazzi aff. ¶10). When Christopher Schornak
attempted to challenge the counting of
ballots,anelectionofficialtoldhim,“Wearenottalkingtoyou,youcannotchallengethis.”
Id.(Schornakaff.¶15).WhenStephanieKrauseattemptedtochallengeballots,anelection
workertoldherthatchallengeswerenolongerbeingacceptedbecausethe“rules‘nolonger applied.’” Id.
(Krause aff.¶13).
6. Unlawful Ballot Duplication.
77. If a ballot is rejected by a ballot-tabulator machine and cannot be read by the
machine, the ballot must be duplicated onto a new ballot. The Michigan Secretary of State has
instructed, “If the rejection is due to a false read the ballot must be duplicatedby two election
25
inspectors who have expressed a preference for different political parties.” Michigan Election
Officials’ Manual, ch. 8, p. 6 (emphasis added). Thus, the ballot-duplicating process must be
performed by bipartisan teams of election officials. It must also be performed where it can be
observed bychallengers.
78. But Wayne County prevented many challengers from observing the ballot
duplicating process. Id. (Miller aff. ¶¶6-8; Steffans aff. ¶¶15-16, 23-24;
Mandelbaumaff.¶6;Shereraff.¶¶16-
17;Burtonaff.¶7;Drzewieckiaff.¶7;Klameraff.¶9;Chopjianaff.¶10;Schmidtaff.¶7;Champagneaff.¶
12;Shinkleaff.,p.1).Challenger John Miller said he was not allowed to observe election workers
duplicating a ballot
becausethe“duplicationprocesswaspersonallikevoting.”Id.(Milleraff.¶8).Challenger Mary Shinkle
stated that she was told by an election worker that she was not allowed to
observeaballotduplicationbecause“ifwemakeamistakethenyouwouldbealloverus.” Id. (Shinkle
aff., p. 1).Anotherchallengerobservedelectionofficialsmakingmistakeswhen duplicating ballots.
Id. (Piontek aff. ¶9).
79. Many challengers testified that ballot duplication was performed only by
Democratic election workers, not bipartisan teams. Exhibit 1 (Pettibone aff. ¶3; Kinney
aff.,p.1;Wasilewskiaff.,p.1;Schornakaff.¶¶18-19;Dixonaff.,p.1;Kolanagireddyaff.,p. 1;
Kordenbrock aff. ¶¶3-4; Seidl aff., p. 1; Kerstein aff. ¶4; Harris aff. ¶3; Sitek aff. ¶4).
7. Democratic Election Challengers Frequently Outnumbered

Republican Poll Watchers 2:1 or Even 2:0.
80. Dominon contractor Melissa Carrone testified that there were significantly more
Democrats than Republicans at the TCF Center, and that as a result there were “over 20
machines [that] had two democrats judging the ballots-resulting in an unfair process.” Exh. 5 ¶5.
26
Other affiants testified to the fact that Democrats outnumbered Republicans by 2:1 or more Id.
(Helminon aff. ¶12). Democrats also impersonated Republican poll watchers. Id. (Seely aff.
¶19).
8. Collaboration Between Election Workers, City/County Employees,

and Democratic Party Challengers and Activists.
81. Affiants testified to systematic and routine collaboration between election
workers, Michigan public employees and Democratic election challengers and activists present,
in particular to intimidate, harass, distract or remove Republic election watchers. See, e.g., Exh.
1 (Ballow aff. ¶9; Gaicobazzi aff. ¶¶12, 14; Piontek aff. ¶11).
B. Election Workers Fraudulent Forged, Added, Removed or Otherwise

Altered Information on Ballots, Qualified Voter List and Other Voting
Records
82. A lawsuit recently filed by the Great Lakes Justice Center (“GLJC”) raises similar
allegations of vote fraud and irregularities that occurred in Wayne County. See Exhibit 4
(copyofcomplaintfiledintheCircuitCourtofWayneCountyinCostantino,etal.v.City of Detroit, et
al.) (“GLJC Complaint”).The allegations and affidavits included in the GLJC Complaint are
incorporated by reference in the body of this Complaint.
1. Election Workers Fraudulently Added “Tens of Thousands” of New

Ballots and New Voters in the Early Morning and Evening
November 4.
83. The most egregious example of election workers fraudulent and illegal behavior
concerns two batches of new ballots brought to the TCF Center after the 8:00 PM Election Day
deadline. First, at approximately 4:30 AM on November 4, 2020, poll challenger Andrew Sitto
observed “tens of thousands of new ballots” being brought into the counting room, and “[u]nlike
the other ballots, these boxes were brought in from the rear of the room.” Exh. 4, GLJC
Complaint, Exh. C at ¶ 10. Mr. Sitto heard other Republican challengers state that “several
27
vehicles with out-of-state license plates pulled up to the TCF Center a little before 4:30 a.m. and
unloaded boxes of ballots.” Id. at ¶ 11. “All ballots sampled that I heard and observed were for
Joe Biden.” Id. at ¶ 12.
84. A second set of new boxes of ballots arrived at the TCF Center around 9:00 PM
on November 4, 2020. According to poll watcher Robert Cushman, contained “several thousand
new ballots.” Exh. 4, GLJC Complaint, Exh. D at ¶ 5. Mr. Cushman noted that “none of the
names on the new ballots were on the QVF or the Supplemental Sheets,” id. at ¶ 7, and he
observed “computer operators at several counting boards manually adding the names and
addresses of these thousands of ballots to the QVF system.” Id. at ¶ 8. Further, “[e]very ballot
was being fraudulently and manually entered into the [QVF], as having been born on January 1,
1990.” Id. at ¶ 15. When Mr. Cushman challenged the validity of the votes and the
impossibility of each ballot having the same birthday, he “was told that this was the instruction
that came down from the Wayne County Clerk’s office.” Id. at ¶ 16.
85. Perhaps the most probative evidence comes from Melissa Carone, who was
“contracted to do IT work at the TCF Center for the November 3, 2020 election.” Exh. 5, ¶1.
On November 4, Ms. Carrone testified that there were “two vans that pulled into the garage of
the counting room, one on day shift and one on night shift.” Id. ¶8. She thought that the vans
were bring food, however, she “never saw any food coming out of these vans,” and noted the
coincidence that “Michigan had discovered over 100,000 more ballots – not even two hours after
the last van left.” Id. Ms. Carrone witnessed this of this illegal vote dump, as well as several
other violations outlined below.
2. Election Workers Forged and Fraudulently Added Voters to the

Qualified Voter List.
86. Many challengers reported that when a voter was not in the poll book, the election
28
officials would enter a new record for that voter with a birth date of January 1, 1900. Exhibit 1
(Gaicobazzi aff. ¶10; Piontek aff. ¶10; Cizmer aff. ¶8(F); Wirsing aff., p. 1; Cassin aff. ¶9;
Langer aff. ¶3; Harris aff. ¶3; Brigmon aff. ¶5; Sherer aff. ¶¶10-11; Henderson aff. ¶9; Early ¶16;
Klamer aff. ¶13; Shock aff. ¶8; M. Seely aff. ¶9). See also id. (Gorman aff. ¶¶23-26; Chopjian
aff. ¶12; Ungar aff. ¶15; Valden aff. ¶17). Braden Gaicobazzi reported that a stack of thirty-five
ballots was counted even though there was no voter record. Id. (Giacobazzi aff.¶10).
87. The GLJC Complaint alleges the Detroit Election Commission “systematically
processed and counted ballots from voters whose name failed to appear in either the Qualified
Voter File (QVF) or in the supplemental sheets.” Exh. 3, GLJC Complaintat 3. The GLJC
Complaint provides additional witness affidavits detailing the fraudulent conduct of election
workers, in particular, that of Zachary Larsen, who served as a Michigan Assistant Attorney
General from 2012 through 2020 and was a certified poll challenger at the TCF Center. “Mr.
Larsen reviewed the running list of scanned in ballots in the computer system, where it appeared
that the voter had already been counted as having voted. An official operating the computer then
appeared to assign this ballot to a different voter as he observed a completely different name that
was added to the list of voters at the bottom of a running tab of processed ballots on the right side
of the screen.” Id. at ¶ 16. Mr. Larsen observed this “practice of assigning names and numbers”
to non-eligible voters who did not appear in either the poll book or the supplement poll book. Id.
at ¶ 17. Moreover, this appeared to be the case for the majority of the voters whose ballots he
personally observed being scanned. Id.
3. Changing Dates on Absentee Ballots.
88. All absentee ballots that existed were required to be inputted into the QVF system
by 9:00 p.m. on November 3, 2020. This was required to be done in order to have a final list of
absentee voters who returned their ballots prior to 8:00 p.m. on November 3, 2020. In order to
29
have enough time to process the absentee ballots, all polling locations were instructed to collect
the absentee ballots from the drop-box once every hour on November 3, 2020.
89. Jessica Connarn is an attorney who was acting as a Republican challenger
attheTCFCenterinWayneCounty.EXHIBIT6.JessicaConnarn’saffidavitdescribeshow
anelectionpollworkertoldJessicaConnarnthatthepollworker“wasbeingtoldtochange the date on
ballots to reflect that the ballots were received on an earlier date.” Id. ¶1. Jessica Connarn also
provided a photograph of a note handed to her by the poll worker in which the poll worker
indicated she (the poll worker) was instructed to change the date ballots were received. See id.
Jessica Connarn’s affidavit demonstrates that poll workers inWayneCountywerepre-
datingabsentvoterballots,sothatabsentvoterballotsreceived after 8:00 p.m. on Election Day could
be counted.
90. Plaintiffs have learned of a United States Postal Service (“USPS”) worker
Whistleblower, on November 4, 2020 told Project Veritas that a supervisor named Johnathan
Clarke in Traverse City, Michigan potentially issued a directive to collect ballots and stamp them
as received on November 3, 2020, even though there were not received timely, as required by
law: "We were issued a directive this morning to collect any ballots we find in mailboxes,
collection boxes, just outgoing mail in general, separate them at the end of the day so that they
could hand stamp them with the previous day's date," the whistleblower stated. "Today is
November 4th for clarification." 4 This is currently under IG Investigation at the U.S. Post
Office. According to the Postal worker whistleblower, the ballots are in "express bags" so they
could be sent to the USPS distribution center. Id.
91. As set forth in the GLJC Complaint and in the Affidavit of Jessy Jacob, an
https://townhall.com/tipsheet/bethbaumann/2020/11/04/usps-whistleblower-in-michigan-claims-higher-ups-
4
were-engaging-in-voter-fraud-n2579501
30
employee of the City of Detroit Elections Department, “on November 4, 2020, I was instructed
to improperly pre-date the absentee ballots receive date that were not in the QVF as if they
hadbeen received on or before November 3, 2020. I was told to alter the information in the QVF
to falselyshowthattheabsenteeballotshadbeenreceivedintimetobevalid.Sheestimatesthatthis was
done to thousands of ballots.” Exh. 4, GLJC Complaint, Exh. B at ¶ 17.
4. Election Workers Changed Votes for Trump and Other Republican

Candidates.
92. Challenger ArticiaBomer stated, “I observed a station where election workers
were working on scanned ballots that had issues that needed to be manually corrected. I believe
some of these workers were changing votes that had been cast for Donald Trump and other
Republican candidates.” Id. (Bomer aff. ¶9). In addition to this eyewitness testimony of election
workers manually changing votes for Trump to votes for Biden, there is evidence that Dominion
Voting Systems did the same thing on a much larger scale with its Dominion Democracy Suite
software. See generally infra Section IV.D, Paragraphs 123-131.
5. Election Officials Added Votes and Removed Votes from “Over-

Votes”.
93. Another challenger observed over-votes on ballots being “corrected” so that the
ballots could be counted. Exh. 3(Zaplitny aff.¶13). At least one challenger
observedpollworkersaddingmarkstoaballotwheretherewasnomarkforanycandidate.
Id.(Tysonaff.¶17).
C. Additional Violations of Michigan Election Code That Caused Ineligible,

Illegal or Duplicate Ballots to Be Counted.
1. Illegal Double Voting.
94. At least one election worker
“observedalargenumberofpeoplewhocametothesatellite location to vote in-person, but they had
31
already applied for an absentee ballot. These people were allowed to vote in-person and were not
required to return the mailed absentee ballot or sign an affidavit that the voter lost the mailed
absentee ballot.” Exh. 4, GLJC Complaint (Exh. B) Jacob aff. at ¶ 10.
Thiswouldpermitapersontovoteinpersonandalsosendinhis/herabsentee ballot, and thereby vote at
least twice.
2. Ineligible Ballots Were Counted – Some Multiple Times.
95. Challengersreportedthatbatchesofballotswererepeatedlyrunthroughthe vote
tabulation machines. Exh. 3 (Helminen aff. ¶4; Waskilewski aff., p. 1; Mandelbaum aff. ¶5; Rose
aff. ¶¶4-14; Sitek aff. ¶3; Posch aff. ¶8; Champagne aff. ¶8). Challenger Patricia Rose stated she
observed a stack of about fifty ballots being fed multiple times into a ballot scanner counting
machine. Id. (Rose aff. ¶¶4-14). ArticiaBomer further stated thatshe witnessed the same group of
ballots being rescanned into the counting machine “at least five times.” Id. ¶12. Dominion
contractor Melissa Carone observed that this was a routine practice at the TCF Center, where she
“witnessed countless workers rescanning the batches without discarding them first” – as required
under Michigan rules and Dominion’s procedures – “which resulted in ballots being counted 4-5
times” by the “countless” number of election workers. Carone aff. ¶3. When she observed that a
computer indicated that it had “a number of over 400 ballots scanned – which means one batch
[of 50] was counted over 8 times,” and complained to her Dominion supervisor, she was
informed that “we are here to do assist with IT work, not to run their election.” Id. at ¶4.
3. Ballots Counted with Ballot Numbers Not Matching Ballot Envelope.
96. Many challengers stated that the ballot number on the ballot did not match
thenumberontheballotenvelope,butwhentheyraisedachallenge,thosechallengeswere disregarded
and ignored by election officials, not recorded, and the ballots wereprocessed
andcounted.Exh. 3(A.Seelyaff.¶15;Wasilewskiaff.,p.1;Schornakaff.¶13;Brunell aff. ¶¶17, 19;
32
Papsdorf aff. ¶3; Spalding aff. ¶¶8, 11; Antonie aff. ¶3; Daavettila aff., p. 3; Atkins aff. ¶3;
Harris aff. ¶3; Sherer aff. ¶21; Drzewiecki aff. ¶¶5-6; Klamer aff. ¶4; Rauf aff. ¶¶9-14; Roush
aff. ¶¶5-7; Kinney aff. ¶5). For example, when challenger Abbie Helminen raised a challenge
that the name on the ballot envelope did not match the name on the voter list, she was told by an
election official to “get away” and that the counting
tableshewasobservinghad“adifferentprocessthanothertables.”Id.(Helminenaff.¶5).
4. Election Officials Counted Ineligible Ballots with No Signatures or

with No Postmark on Ballot Envelope.
97. Atleasttwochallengersobservedballotsbeingcountedwheretherewasno signature or
postmark on the ballot envelope. Id. (Brunell aff. ¶¶17, 19; Spalding
aff.¶13;Shereraff.¶13).ChallengerAnneVankerobservedthat“60%ormoreof[ballot] envelopes [in a
batch] bore the same signature on the opened outer envelope.” Id.(Vanker aff. ¶5).Challenger
William Henderson observed that a counting table of election workers lost eight ballot
envelopes. Exhibit 1 (Henderson aff.¶8).The GLJCComplaint further alleges the Election
Commission “instructed election workers to not verify signatures on absentee ballots, to
backdate absentee ballots, and to process such ballots regardless of their validity.”
5. Election Officials Counted “Spoiled” Ballots.
98. At least two challengers observed spoiled ballots being counted. Id. (Schornak aff.
¶¶6-8; Johnson aff. ¶4). At least one challenger observed a box of provisional ballots being
placed in a tabulation box at the TCF Center. Exhibit 1 (Cizmar aff. ¶5).
6. Systematic Violations of Ballot Secrecy Requirements
99. Affiant Larsen identified a consistent practice whereby election officials would
remove ballots from the “secrecy sleeve” or peek into the envelopes, visually inspect the ballots,
and based on this visual inspection of the ballot (and thereby identify the votes cast), determine
33
whether to “place the ballot back in its envelope and into a ‘problem ballots’ box that required
additional attention to determine whether they would be processed and counted.” Exh. 4, GLJC
Complaint, Exh. A at ¶14. Mr. Larsen also observed that some ballots arriving without any
secrecy sleeve at all were counted after visual inspection, whereas many ballots without a
secrecy sleeve were placed in the “problem ballots” box. Id. at ¶¶21-22. “So the differentiation
among these ballots despite both ballots arriving in secrecy sleeves was perplexing and again
raised concerns that some ballots were being marked as ‘problem ballots’ based on who the
person had voted for rather on any legitimate concern about the ability to count and process the
ballot appropriately.” Id. at ¶24.
7. Election Workers Accepted Unsecured Ballots, without Chain of

Custody, after 8:00 PM Election Day Deadline.
100. Poll challengers observed two batches of new ballots brought to the TCF Center
after the 8:00 PM Election Day deadline, as detailed in the GLJC Complaint and Paragraphs 79-
81above. Affiant Daniel Gustafson further observed that these batches of ballots “were delivered
to the TCF Center in what appeared to be mail bins with open tops.” Exh. 4, GLJC Complaint,
Exh. E at¶4. Mr. Gustafson further observed that these bins and containers “did not have lids,
were not sealed, and did not have the capability of having a metal seal,” id. at ¶5, nor were they
“marked or identified in any way to indicated their source of origin.” Id. at ¶6.
101. An election challenger at the Detroit Department of Elections office observed
passengers in cars dropping off more ballots than there were people in the car. Exh. 3 (Meyers
aff. ¶3). This challenger also observed an election worker accepting a ballot after 8:00 p.m. on
Election Day. Id.¶7.
102. An election challenger at the Detroit Department of Elections office observed
ballots being deposited in a ballot drop box located at the Detroit Department of Elections after
34
8:00 p.m. on Election Day. Id. (Meyers aff.¶6).
103. On November 4, 2020, Affiant Matt Ciantar came forward who, independently
witnessed, while walking his dog, a young couple delivered 3-4 large plastic clear bags, that
appear to be “express bags”, as reflected in photographs taken contemporaneously, to a U.S.
Postal vehicle waiting. See generallyExh. 7 Matt Ciantar Declaration. The use of clear “express
bags” is consistent with the USPS whistleblower Johnathan Clarke in Traverse City, Michigan.
See infra Paragraph 78.
8. Ballots from Deceased Voters Were Counted.
104. One Michigan voter stated that her deceased son has been recorded as voting
twice since he passed away, most recently in the 2020 general election. Exh. 3 (Chase aff.¶3).
III. EXPERT WITNESS TESTIMONY SUPPORTING INDICATING WIDESPREAD

VOTING FRAUD AND MANIPULATION
A. Approximately 30,000 Michigan Mail-In Ballots Were Lost, and

Approximately 30,000 More Were Fraudulently Recorded for Voters who
Never Requested Mail-In Ballots.
105. The attached report of William M. Briggs, Ph.D. (“Dr. Briggs Report”)
summarizes the multi-state phone survey data of 248 Michigan Republican voters collected by
Matt Braynard, which was conducted from November 15-17, 2020 and covered voters in
Arizona, Georgia, Michigan, Pennsylvania, and Wisconsin. See Exh. 101, Dr. Briggs Reportat 1,
and Att. 1 (“Braynard Survey”). The Braynard Survey sought to identify two specific errors
involving unreturned mail-in ballots that are indicative of voter fraud, namely: “Error #1: those
who were recorded as receiving absentee ballots withoutrequesting them;” and “Error #2: those
who returned absentee ballots but whose votes went missing (i.e., marked as unreturned).” Id.
Dr. Briggs then conducted a parameter-free predictive model to estimate, within 95% confidence
or prediction intervals, the number of ballots affected by these errors out of a total of 139,190
35
unreturned mail-in ballots for the State of Michigan.
106. With respect to Error #1, Dr. Briggs analysis estimated that 29,611 to 36,529
ballots out of the total 139,190 unreturned ballots (21.27% - 26.24%) were recorded for voters
who had not requested them. Id. With respect to Error #2, the numbers are similar with 27,928
to 34,710 ballots out of 139,190 unreturned ballots (20.06% - 24.93%) recorded for voters who
did return their ballots were recorded as being unreturned. Id. Taking the average of the
two types of errors together, 62,517 ballots, or 45% of the total, are “troublesome.”
107. These errors are not only conclusive evidence of widespread fraud by the State of
Michigan, 5 but they are fully consistent with the fact witness statements above the evidence
regarding Dominion presented below insofar as these purportedly unreturned absentee ballots
provide a pool of 60,000-70,000 unassigned and blank ballots that could be filled in by
Michigan election workers, Dominion or other third parties to shift the election to Joe
Biden. With respect to Error #1, Dr. Briggs’ analysis, combined with the statements of the
Michigan voters in the Braynard Survey, demonstrates that approximately 30,000 absentee
ballots were sent to someone besides the registered voter named in the request, and thus
could have been filled out by anyone and then submitted in the name of another voter. With
respect to Error #2, Dr. Briggs’ analysis indicates that approximately 30,000 absentee ballots
were either lost or destroyed (consistent with allegations of Trump ballot destruction) and/or
were replaced with blank ballots filled out by election workers, Dominion or other third
parties. Accordingly, Dr. Briggs’ analysis showing that almost half of purportedly “unreturned
5
The only other possible explanations for the statements of 248 Michigan mail-in voters included
in the Braynard Survey data is (a) that the 248 voters (who had no known pre-existing
relationship apart from being listed as having unreturned absentee ballots) somehow contrived to
collude together to submit false information or (b) that these 248 suffered from amnesia,
dementia or some other condition that caused them to falsely claim that they had requested a
mail-in ballot or returned a mail-in ballot.
36
ballots” suffers from one of the two errors above – which is consistent with his findings in the
four other States analyzed (Arizona 58%, Georgia 39%, Pennsylvania 37%, and Wisconsin 31%)
– provides further support that these widespread “irregularities” or anomalies was one part of
much larger interstate fraudulent scheme to rig the 2020 General Election for Joe Biden.
B. Statistical Analysis of Anomalous and Unprecedented Turnout Increases in

Specific Precincts Indicate that There Were at Least 40,000 “Excess Voters”
in Wayne County and At Least 46,000 in Oakland County.
108. The attached affidavit of Eric Quinell, Ph.D. (“Dr. Quinell Report”) analyzes the
extraordinary increase in turnout from 2016 to 2020 in a relatively small subset of townships and
precincts outside of Detroit in Wayne County and Oakland County, and more importantly how
nearly 100% or more of all “new” voters from 2016 to 2020 voted for Biden. See Exh. 102.
Using publicly available information from Wayne County and Oakland County, Dr. Quinell first
found that for the votes received up to the 2016 turnout levels, the 2020 vote Democrat vs.
Republican two-ways distributions (i.e., excluding third parties) tracked the 2016 Democrat vs.
Republican distribution very closely, which was 55%-45% for Wayne County (outside Detroit)
and 54%/46% for Oakland County. Id. at ¶¶18 & 20.
109. However, after the 2016 turnout levels were reached, the Democrat vs.
Republican vote share shifts decisively towards Biden by approximately 15 points, resulting in a
72%/28% D/R split for Oakland County and 70%/30% D/R split for Wayne County (outside of
Detroit). What is even more anomalous – and suspicious – is the fact that nearly all of these
“new” votes in excess of 2016 come from a small number of townships/precincts where the
increased Biden vote share is nearly 100% or over 100% for Biden. Id. For example, in the
township of Livonia in Wayne County, Biden gained 3.2 voters for every 1 new Trump voter,
and Biden receive 97% of all “new” votes over 2016 and 151% of all new voter registrations. Id.
at ¶6. In the township of Troy in Oakland County, the vote share shifted from 51%/49% in 2016
37
to 80%/20% in 2020 due to Biden receiving 98% of new votes above 2016 and 109% of new
voter registrations. Id. at ¶20. Looking county-wide, Biden gained 2.32 new voters over 2016
levels to every 1 new Trump voter in Wayne County (outside Detroit) and 2.54 additional new
voters per Trump voter for Oakland County. Id. ¶5.
110. Based on these statistically anomalous results that occurred in a handful of
townships in these two counties, Dr. Quinell’s model determined that there were 40,771
anomalous votes in Wayne County (outside Detroit) and 46,125 anomalous votes in Oakland
County, for a total of nearly 87,000 anomalous votes or approximately 65% of Biden’s purported
lead in Michigan.
C. Over 13,000 Ineligible Voters Who Have Moved Out-of-State Illegally Voted
in Michigan.
111. Evidence compiled by Matt Braynard using the National Change of Address
(“NCOA”) Database shows that 12,120 Michigan voters in the 2020 General Election moved
out-of-state prior to voting, and therefore were ineligible. Mr. Braynerd identified 1,170
Michigan voters in the 2020 General Election who subsequently registered to vote in another
state, and were therefore ineligible to vote in the 2020 General Election. When duplicates from
the two databases are eliminated, the merged number is 13,248 ineligible voters whose votes
must be removed from the total for the 2020 General Election. 6
D. There Were At Least 289,866 More Ballots Processed in Four Michigan

Counties on November 4 Than There Was Processing Capacity.
112. The expert witness testimony of Russell James Ramsland, Jr. (“Ramsland
Affidavit”), which is described in greater detail below, identifies an event that occurred in
Michigan on November 4 that is “physically impossible” See Exh. 104 at ¶14. The “event”
6
Mr. Braynard posted the results of his analysis on Twitter. See
https://twitter.com/MattBraynard/status/1329700178891333634?s=20. This Complaint includes
a copy of his posting as Exhibit 103.
38
reflected in the data are “4 spikes totaling 384,733 ballots allegedly processed in a combined
interval of 2 hour[s] and 38 minutes” for four precincts/townships in four Michigan counties
(Wayne, Oakland, Macomb ne and Kent). Id. Based on Mr. Ramsland’s analysis of the voting
machines available at the referenced locations, he determined that the maximum processing
capability during this period was only 94,867 ballots, so that “there were 289,866 more ballots
processed in the time available for processing in the four precincts/townships, than there was
processing capacity.” Id. This amount is alone is nearly twice the number of ballots by which
Biden purportedly leads President Trump (i.e., approximately 154,180).
IV. FACTUAL ALLEGATIONS RE DOMINION VOTING SYSTEMS
A. Evidence of Specific Fraud Wayne County used ballot tabulators that were
shown to miscount votes cast for President Trump and Vice President Pence
and instead count them for the Biden-Harristicket.
113. On the morning of November 4, unofficial results posted by the Antrim County
Clerk showed that Joe Biden had over 7,700 votes — 3,000 more than Donald Trump. Antrim
County voted 62% in favor of President Trump in 2016. The Dominion Voting Systems election
management system and voting machines (tabulators), which were used in Antrim County, are
also used in many other Michigan counties, including Wayne County, were atfault.
114. However, Malfunctioning voting equipment or defective ballots may have
affectedtheoutcomeofavoteonanofficeappearingontheballot.”MichiganManualfor Boards of
County Canvassers. Thesevotetabulatorfailuresareamechanicalmalfunctionthat,underMCL
168.831-168.839, requires a “special election” in the precincts affected.
115. SecretaryofStateBensonreleasedastatementblamingthecountyclerkfor
notupdatingcertain“mediadrives,”butherstatementfailedtoprovideanycoherentexplanation of how
39
the Dominion Voting Systems software and vote tabulators produced such a massive miscount. 7
116. Secretary Benson continued: “After discovering the error in reporting the
unofficial results, the clerk worked diligently to report correct unofficial results by reviewing the
printed totals tape on each tabulator and hand-entering the results for each race, for each
precinct in the county.”Id.What Secretary Benson fails to address is what would have happened
if no one “discover[ed] the error,” for instance, in Wayne County, where the number of
registered voters is much greater than Antrim County, and where the tabulators were not
individuallytested.
117. Wayne County used the same Dominion voting system tabulators as did
AntrimCounty,andWayneCountytestedonlyasingleoneofitsvotetabulatingmachines before the
election. The Trump campaign asked Wayne County to have an observer physically present to
witness the process. See Exhibit 4. Wayne County denied the Trump
campaigntheopportunitytobephysicallypresent.RepresentativesoftheTrumpcampaign did have
opportunity to watch a portion of the test of a single machine by Zoomvideo.
B. The Pattern Of Incidents Shows An Absence Of Mistake - Always In

The Favor Of Biden.
118. Rules of Evidence, 404(b), applicable to civil matters makes clear that,
(b) Evidence of other crimes, wrongs, or acts shall not be admissible to prove the
character of a person in order to show action in conformity therewith. It may,
however, be admissible for other purposes, including, but not limited to,
proof of motive, opportunity, intent, preparation, plan, knowledge, identity,
or absence of mistake or accident.
119. Tabulator issues and election violations occurred elsewhere in Michigan
reflecting a pattern, where multiple incidents occurred. In Oakland County, votes flipped a seat
to an incumbent Republican, Adam Kochenderfer, from the Democrat challenger when
7
https://www.michigan.gov/documents/sos/Antrim_Fact_Check_707197_7.pdf (emphasis in original).
40
120. “A computer issue in Rochester Hills caused them to send us results for seven
precincts as both precinct votes and absentee votes. They should only have beensent to us as
absentee votes,” Joe Rozell, Oakland County Director of Elections for the City of Huntington
Woods, said. 8
121. This Oakland County flip of votes is significant not only because it reflects a
second systems error wherein both favored the Democrats, precinct votes were sent out to be
counted, and they were counted twice as a result until the error was caught on a recount, but
precinct votes should never be counted outside of the precinct, instead they are required to be
sealed in the precinct.
C. Dominion Voting Machines and Forensic Evidence of Wide-Spread

Fraud in Defendant Counties
122. The State of Michigan entered into a contract with Dominion Systems’
Democracy Suite 4.14-D first, and then included Dominion Systems Democracy Suite 5.0-S on
or about January 27, 2017, which added a fundamental modification: “dial-up and wireless
results transmission capabilities to the ImageCast Precinct and results transmission using the
Democracy Suite EMS Results Transfer Manager module.”
123. Whereas the same Dominion software in an updated contract with Pennsylvania,
unlike in Michigan’s contract, sets forth the standard as requiring physical security: No
components of the Democracy Suite 5.5A shall be connected to any modem or network interface,
including the Internet, at any time, except when a standalone local area wired network
configuration in which all connected devices are certified voting system components.” Id. at 41
(Condition C).
124. The Michigan Contract with Dominion Voting Systems Democracy packages
8
Detroit Free Press, https://www.freep.com/story/news/local/michigan/oakland/2020/11/06/oakland-county-
election-2020-race-results/6184186002/
41
include language that describes Safety and Security, which in part makes the risks of potential
breach clear where keys can be lost despite the fact that they provide full access to the unit, and
while it is clear that the electronic access provides control to the unit, and the ability to alter
results, combined with the lack of observers, creates a lack of security that becomes part of a
pattern of the absence of mistake, or fraud:
The ImageCast tabulators are unlocked by an iButton security key, which is used
to:
• Authenticate the software version (ensuring it is a certified version that has not
been tampered with)
• Decrypt election files while processing ballots during the election
• Encrypt results files during the election
• Provide access control to the unit
It is anticipated that the iButton security keys may get lost; therefore, any
substitute key created for the same tabulator will allow the unit to work
fully. 9
125. In late December of 2019, three Senators, Warren, Klobuchar, Wyden and House
Member Mark Pocanwrote about their ‘particularized concerns that secretive & “trouble -
plagued companies”’“have long skimped on security in favor of convenience,” in the context of
how they described the voting machine systems that three large vendors – Election Systems &
Software, Dominion Voting Systems, & Hart InterCivic – collectively provide voting machines
& software that facilitate voting for over 90% of all eligible voters in the U.S.”
126. As evidence of the risks of the Dominion Democracy Suite, as described above,
the same Dominion Democracy Suite was denied certification in Texas by the Secretary of State
on January 24, 2020 specifically because of a lack of evidence of efficiency and accuracy and
9SeeExh. 8, State of Michigan Enterprise Procurement, Notice of Contract, Contract No.

071B770017 between the State of Michigan and Dominion Voting Systems Inc. at ¶2.6.2
(“Dominion Michigan Contract”).
42
identified vulnerabilitiesto fraud and unauthorized manipulation. 10
D. “Red Flags” in Dominion’s Michigan Results for 2020 General

Election Demonstrate Dominion Manipulated Election Results, and
that the Number of Illegal Votes Is Nearly Twice As Great as Biden’s
Purported Margin of Victory.
127. The expert witness testimony of Russell James Ramsland, Jr. (“Ramsland
Affidavit”) 11analyzes several “red flags” in Dominion’s Michigan results for the 2020 election,
and flaws in the system architecture more generally, to conclude that Dominion manipulated
election results. Dominion’s manipulation of election results enabled Defendants to engage in
further voting fraud violations above and beyond the litany of violations recited above in Section
II.A through Section II.C.
1. Antrim County “Glitch” Was Not “Isolated Error” and May Have
Affected Other Counties.
128. The first red flag is the Antrim County, Michigan “glitch” that switched 6,000
Trump ballots to Biden, and that was only discoverable through a manual hand recount. See
supra Paragraph 94. The “glitch” was later attributed to “clerical error” by Dominion and
Antrim Country, presumably because if it were correctly identified as a “glitch”, “the system
would be required to be ‘recertified’ according to Dominion officials. This was not done.” Exh.
104, Ramsland Aff. at ¶10. Mr. Ramsland is skeptical because “the problem most likely did
occur due to a glitch where an update file did not properly synchronize the ballot barcode
generation and reading portions of the system.” Id. Further, such a glitch would not be an
10
See Texas Analysis of February 15, 2019 from the Voting Systems Examiner to the Director
of Elections (emphasis added).
11
As detailed in the Ramsland Affidavit and the CV attached thereto, Mr. Ramsland is a member
of the management team Allied Security Operations Group, LLC (“ASOG”), a firm specializing
in cybersecurity, OSINT and PEN testing of networks for election security and detecting election
fraud through tampering with electronic voting systems.
43
“isolated error,” as it “would cause entire ballot uploads to read as zero in the tabulation
batch, which we also observed happening in the data (provisional ballots were accepted
properly but in-person ballots were being rejected (zeroed out and/or changed (flipped)).” Id.
Accordingly, Mr. Ramsland concludes that it is likely that other Michigan counties using
Dominion may “have the same problem.” Id.
2. Fractional Vote Counts in Raw Data Strongly Indicate Voting

Manipulation through “Ranked Choice Voting Algorithm”
129. Mr. Ramsland’s analysis of the raw data , which provides votes counts, rather
than just vote shares, in decimal form provides highly probative evidence that, in his
professional opinion, demonstrates that Dominion manipulated votes through the use of an
“additive” or “Ranked Choice Voting” algorithm (or what Dominion’s user guide refers to as
the “RCV Method”). See id. at ¶12. 12 Mr. Ramsland presents the following example of this data
– taken from “Dominion’s direct feed to news outlets” – in the table below. Id.
state timestamp eevp trump biden TV BV
michigan 2020-11-04T06:54:48Z 64 0.534 0.448 1925865.66 1615707.52
michigan 2020-11-04T06:56:47Z 64 0.534 0.448 1930247.664 1619383.808
michigan 2020-11-04T06:58:47Z 64 0.534 0.448 1931413.386 1620361.792
michigan 2020-11-04T07:00:37Z 64 0.533 0.45 1941758.975 1639383.75
michigan 2020-11-04T07:01:46Z 64 0.533 0.45 1945297.562 1642371.3
michigan 2020-11-04T07:03:17Z 65 0.533 0.45 1948885.185 1645400.25
130. Mr. Ramsland describes how the RCV algorithm can be implemented, and the
significance of the use of fractional vote counts, with decimal places, rather than whole numbers,
in demonstrating that Dominion did just that to manipulate Michigan votes.
12
See id. (quotingDemocracy Suite EMS Results Tally and Reporting User Guide, Chapter 11,
Settings 11.2.2., which reads, in part, “RCV METHOD: This will select the specific method of
tabulating RCV votes to elect a winner.”).
44
For instance, blank ballots can be entered into the system and treated as “write-
ins.” Then the operator can enter an allocation of the write-ins among candidates
as he wishes. The final result then awards the winner based on “points” the
algorithm in the compute, not actual votes. The fact that we observed raw vote
data that includes decimal places suggests strongly that this was, in fact, done.
Otherwise, votes would be solely represented as whole numbers. Below is an
excerpt from Dominion’s direct feed to news outlets showing actual calculated
votes with decimals. Id.
3. StrongEvidence That Dominion Shifted Votes from Trump to Biden.
131. A third red flag identified by Mr. Ramslund is the dramatic shift in votes between
the two major party candidates as the tabulation of the turnout increased, and more importantly,
the change in voting share before and after 2 AM on November 4, 2020, after Wayne County and
other Michigan election officials had supposedly halted counting.
Until the tabulated voter turnout reached approximately 83%, Trump was
generally winning between 55% and 60% of every turnout point. Then, after the
counting was closed at 2:00 am, the situation dramatically reversed itself,
starting with a series of impossible spikes shortly after counting was
supposed to have stopped. Id. at ¶13.
132. Once again the means through which Dominion appears to have implemented this
scheme is through the use of blank ballots that were all, or nearly all, cast for Biden.
The several spikes cast solely for Biden could easily be produced in the Dominion
system by pre-loading batches of blank ballots in files such as Write-Ins, then
casting them all for Biden using the Override Procedure (to cast Write-In ballots)
that is available to the operator of the system. A few batches of blank ballots
could easily produce a reversal this extreme, a reversal that is almost as
statistically difficult to explain as is the impossibility of the votes cast to number
of voters described in Paragraph 11 above.Id.
4. The November 4 Ballot Dumps Wayne County and Other Michigan

Counties Was “Physically Impossible” Because There Were More
Ballots Than Machines in Those Four Counties Could Have Counted
Or Processed.
133. Mr Ramsland and his team analyzed the sudden injection of totaling 384,733
ballots by four Michigan counties (Wayne, Oakland, Macomb, and Kent) in a 2 hour 38 minute
period in the early morning of November 4 (which would have included the first ballot dump
45
described above in Paragraph 72), and concluded that “[t]his is an impossibility, given the
equipment available at the 4 reference locations (precincts/townships).” Id. at ¶14.
134. Specifically, Mr. Ramslund calculated that “94,867 ballots as the maximum
number of ballots that could be processed” in that time period, and thus that “[t]here were
289,866 more ballots processed in the time available for processing in four precincts/townships,
than the capacity of the system allows.” Id. Mr. Ramsland concludes that “[t]he documented
existence of the spikes are strongly indicative of a manual adjustment either by the operator of
the system (see paragraph 12 above) or an attack by outside actors.” Id. The vote totals added
for all Michigan counties, including Wayne, Oakland, Macomb and Kent counties, for the period
analyzed by Mr. Ramsland are reproduced in the figure below.
46
5. The Number of Illegal Votes Attributable to Dominion Is Nearly

Twice the Biden’s Purported Margin in Michigan.
135. Based on his analysis of the red flags and statistical anomalies discussed below,
Mr. Ramsland concludes that:
[T]hese statistical anomalies and impossibilities compels the conclusion to a

reasonable degree of professional certainty that the vote count in Michigan and in
Wayne County, in particular for candidates for President contain at least 289,866
illegal votes that must be disregarded.
Given that Mr. Biden’s currently purported margin of victory is approximately 154,000, the
number of illegal votes attributable Dominion’s fraudulent and illegal conduct is by itself
(without considering the tens or hundreds of thousands of illegal votes due to the unlawful
conduct described in Section II), is nearly twice Mr. Biden’s current purported lead in the State
of Michigan. Thus Mr. Ramsland affidavit alone provides this Court more than sufficient basis
to grant the relief requested herein.
E. Additional Independent Findings of Dominion Flaws.
136. Further supportive of this pattern of incidents, reflecting an absence of mistake,
Plaintiffs have since learned that the "glitches" in the Dominion system -- that have the uniform
effect of hurting Trump and helping Biden -- have been widely reported in the press and
confirmed by the analysis of independent experts.
1. Central Operator Can Remove, Discard or Manipulate Votes.
137. Plaintiffs have also learned of the connection between Dominion Voting Systems,
Smartmatic and the voting systems used in Venuezela and the Phillipines.
a. Dominion Voting has also contradicted itself in a rush to denial a pattern of errors
that lead to fraud. For example, Dominion Voting Systems machines can read all
of these instruments, including Sharpies.https://www.dominionvoting.com/
b. but Dominion Voting’s Democracy Suite contract with Michigan specifically

requires:
47
Black Inc: Black ink (or toner) must be dense, opaques, light-fast and permanent,
with a measured minimum 1.2 reflection density (log) above the paper base. 13
138. An Affiant, who is a network & Information cybersecurities expert, under sworn
testimony explains that after studying the user manual for Dominion Voting Systems Democracy
software, he learned that the information about scanned ballots can be tracked inside the
software system for Dominion:
(a) When bulk ballot scanning and tabulation begins, the "ImageCast Central"
workstation operator will load a batch of ballots into the scanner feed tray and
then start the scanning procedure within the software menu. The scanner then
begins to scan the ballots which were loaded into the feed tray while the
"ImageCast Central" software application tabulates votes in real-time. Information
about scanned ballots can be tracked inside the "ImageCast Central" software
application.
(See Exh.Aff. of Watkins __, at par.11).
139. The Affiant further explains that the central operator can remove or discard
batches of votes. “After all of the ballots loaded into the scanner's feed tray have been through
the scanner, the "ImageCast Central" operator will remove the ballots from the tray then have the
option to either "Accept Batch" or "Discard Batch" on the scanning menu …. “Id. at ¶ 12.
140. Affiantfurther testifies that the user manual makes clear that the system allows for
threshold settings to be set to find all ballots get marked as “problem ballots” for discretionary
determinations on where the vote goes stating:
“During the voting process, the voter will mark an oval on the ballot using a
writing device. During the scanning process, the "ImageCast Central" software
will detect how much of a percent coverage of the oval was filled in by the voter.
The Dominion customer determines the thresholds of which the oval needs to be
covered by a mark in order to qualify as a valid vote. If a ballot has a marginal
mark which did not meet the specific thresholds set by the customer, then the
ballot is considered a "problem ballot" and may be set aside into a folder named
"NotCastImages". Through creatively tweaking the oval coverage threshold
settings it should be possible to set thresholds in such a way that a non-trivial
amount of ballots are marked "problem ballots" and sent to the "NotCastImages"
See Exh. 8, par. 2.6.2 of contract # 071B770017.

13
48
folder. It is possible for an administrator of the ImageCast Central work station

to view all images of scanned ballots which were deemed "problem ballots" by
simply navigating via the standard "Windows File Explorer" to the folder named
"NotCastImages" which holds ballot scans of "problem ballots". It is possible for
an administrator of the "ImageCast Central" workstation to view and delete any
individual ballot scans from the "NotCastImages" folder by simply using the
standard Windows delete and recycle bin functions provided by the Windows 10
Pro operating system.
Id. at ¶¶ 13-14.
141. The Affiant further explains the vulnerabilities in the system when the copy of the
selected ballots that are approved in the Results folder are made to a flash memory card – and
that is connected to a Windows computer stating:
It is possible for an administrator of the "ImageCast Central" workstation toview

and delete any individual ballot scans from the "NotCastImages" folder by simply
using the standard Windows delete and recycle bin functions provided by the
Windows 10 Pro operating system. … The upload process is just a simple copying
of a "Results" folder containing vote tallies to a flash memory card connected to
the "Windows 10 Pro" machine. The copy process uses the standard drag-n-drop
or copy/paste mechanisms within the ubiquitous "Windows File Explorer". While
a simple procedure, this process may be error prone and is very vulnerable to
malicious administrators.
Id. at par. 14 and 15.
2. Dominion – By Design – Violates Federal Election & Voting Record

Retention Requirements.
142. The Dominion System put in place by its own design violates the intent of Federal
law on the requirement to preserve and retain records – which was clearly requires preservation
of all records requisite to voting in such an election.
F. § 20701. Retention and preservation of records and papers by officers of

elections; deposit with custodian; penalty for violation
Every officer of election shall retain and preserve, for a period of twenty-
two months from the date of any general, special, or primary election of
which candidates for the office of President, Vice President, presidential
elector, Member of the Senate, Member of the House of Representatives,
or Resident Commissioner from the Commonwealth of Puerto Rico are
49
voted for, all records and papers which come into his possession
relating to any application, registration, payment of poll tax, or other
act requisite to voting in such election, except that, when required by
law, such records and papers may be delivered to another officer of
election and except that, if a State or the Commonwealth of Puerto Rico
designates a custodian to retain and preserve these records and papers at a
specified place, then such records and papers may be deposited with such
custodian, and the duty to retain and preserve any record or paper so
deposited shall devolve upon such custodian. Any officer of election or
custodian who willfully fails to comply with this section shall be fined not
more than $1,000 or imprisoned not more than one year, or both.
143. A Penn Wharton Study from 2016 concluded that “Voters and their
representatives in government, often prompted by news of high-profile voting problems,
also have raised concerns about the reliability and integrity of the voting process, and
have increasingly called for the use of modern technology such as laptops and tablets to
improve convenience.
144. As evidence of the risks of the Dominion Democracy Suite, as described
above, the same Dominion Democracy Suite was denied certification in Texas by the
Secretary of State on January 24, 2020 specifically because of a lack of evidence of
efficiency and accuracy and to be safe from fraud or unauthorized manipulation. 14
3. Dominion Vulnerabilities To Hacking.
145. Plaintiffs have since learned that the "glitches" in the Dominion system --
that have the uniform effect of hurting Trump and helping Biden -- have been widely
reported in the press and confirmed by the analysis of independent experts.
146. Plaintiffs can show, through expert and fact witnesses that:
A. Massive End User Vulnerabilities.
See Exh. X, Report of Review of Dominion Voting Systems Democracy Suite 5.5-A Elections
14
Division by the Secretary of State’s office, Elections Division, January 24, 2020.
50
(1) Users on the ground have full admin privileges to machines and software. The
Dominion system is designed to facilitate vulnerability and allow a select few
to determine which votes will be counted in any election. Workers were
responsible for moving ballot data from polling place to the collector’s office
and inputting it into the correct folder. Any anomaly, such as pen drips or
bleeds, is not counted and is handed over to a poll worker to analyze and
decide if it should count. This creates massive opportunity for improper vote
adjudication. (See Exh.____ For Affiant Watkins).
(2) Affiant witness (name redacted for security reasons 15), in his sworn testimony
explains he was selected for the national security guard detail of the President
of Venezuela, and that he witnessed the creation of Smartmatic for the purpose
of election vote manipulation:
“I was witness to the creation and operation of a sophisticated

electronic voting system that permitted the leaders of the Venezuelan
government to manipulate the tabulation of votes for national and local
elections and select the winner of those elections in order to gain and
maintain their power. Importantly, I was a direct witness to the
creation and operation of an electronic voting system in a conspiracy
between a company known as Smartmatic and the leaders of
conspiracy with the Venezuelan government. This conspiracy
specifically involved President Hugo Chavez Frias, the person in
charge of the National Electoral Council named Jorge Rodriguez, and
principals, representatives, and personnel from Smartmatic which
included … The purpose of this conspiracy was to create and operate a
voting system that could change the votes in elections from votes
against persons running the Venezuelan government to votes in their
favor in order to maintain control of the government.”
(See Exh. 14, pars. 6, 9, 10).
147. Specific vulnerabilities of the systems in question that have been
documented or reported include:
A. Barcodes can override the voters’ vote: As one University of California,

Berkeley study shows, “In all three of these machines [including Dominion
Voting Systems] the ballot marking printer is in the same paper path as the
mechanism to deposit marked ballots into an attached ballot box. This opens
up a very serious security vulnerability: the voting machine can make the
paper ballot (to add votes or spoil already-case votes) after the last time the
voter sees the paper, and then deposit that marked ballot into the ballot box
The Affiant’s name will be produced in camera to the court, with a motion for seal of the
1515
information.
51
16
without the possibility of detection.” (See Ex. __,)
B. Voting machines were able to be connected to the internet by way of laptops

that were obviously internet accessible. If one laptop was connected to the
internet, the entire precinct was compromised.
C. “We … discovered that at least some jurisdictions were not aware that their
systems were online,” said Kevin Skoglund, an independent security
consultant who conducted the research with nine others, all of them long-time
security professionals and academics with expertise in election security. Vice.
August 2019. 17
D. October 6, 2006 – Congresswoman Carolyn Maloney calls on Secretary of

Treasury Henry Paulson to conduct an investigation into Smartmatic based on
its foreign ownership and ties to Venezuela. (See Exh. __,).
E. Congresswoman Maloney wrote that “It is undisputed that Smartmatic is

foreign owned and it has acquired Sequoia … Smartmatica now
acknowledged that Antonio Mugica, a Venezuelan businessman has a
controlling interest in Smartmatica, but the company has not revealed who all
other Smartmatic owners are.
F. Dominion “got into trouble” with several subsidiaries it used over alleged
cases of fraud. One subsidiary is Smartmatic, a company “that has played a
significant role in the U.S. market over the last decade,” according to a report
published by UK-based AccessWire.
G. Litigation over Smartmatic “glitches” alleges they impacted the 2010 and
2013 mid-term elections in the Philippines, raising questions of cheating and
fraud. An independent review of the source codes used in the machines found
multiple problems, which concluded, “The software inventory provided by
Smartmatic is inadequate, … which brings into question the software
credibility,” ABS-CBN reported.
H. Dominion acquired Sequoia Voting Systems as well as Premier Election

Solutions (formerly part of Diebold, which sold Premier to ES&S in 2009,
until antitrust issues forced ES&S to sell Premier, which then was acquired by
Dominion). This map illustrates 2016 voting machine data—meaning, these
data do not reflect geographic aggregation at the time of acquisition, but
Ballot Marking Devices (BMDs) Cannot Assure the Will of the Voters, Andrew W. Appel,
16
Richard T. DeMello, University of California, Berkeley, 12/27/2019.

17
https://www.vice.com/en/article/3kxzk9/exclusive-critical-us-election-systems have-been-left-
exposed-online-despite-official-denials
52
rather the machines that retain the Sequoia or Premier/Diebold brand that now
fall under Dominion’s market share. (The Business of Voting, Penn Wharton,
Caufield, p. 16).
I. Dominion entered into a 2009 contract with Smartmatic and provided

Smartmatic with the PCOS machines (optical scanners) that were used in the
2010 Philippine election, the biggest automated election run by a private
company. The automation of that first election in the Philippines was hailed
by the international community and by the critics of the automation. The
results transmission reached 90% of votes four hours after polls closed and
Filipinos knew for the first time who would be their new president on
Election Day. In keeping with local Election law requirements, Smartmatic
and Dominion were required to provide the source code of the voting
machines prior to elections so that it could be independently verified.18
J. In late December of 2019, three Democrat Senators, Warren, Klobuchar,

Wyden and House Member Mark Pocan wrote about their ‘particularized
concerns that secretive & “trouble -plagued companies”’ “have long skimped
on security in favor of convenience,” in the context of how they described the
voting machine systems that three large vendors – Election Systems &
Software, Dominion Voting Systems, & Hart InterCivic – collectively provide
voting machines & software that facilitate voting for over 90% of all eligible
voters in the U.S.” (See Exh. __, attached copy of Senators’ letter).
K. Senator Ron Wyden (D-Oregon) said the findings [insecurity of voting

systems] are “yet another damning indictment of the profiteering election
vendors, who care more about the bottom line than protecting our
democracy.” It’s also an indictment, he said, “of the notion that important
cybersecurity decisions should be left entirely to county election offices,
many of whom do not employ a single cybersecurity specialist.” Vice. August
2019.19
148. The expert witness in pending litigation in the United States District Court
of Georgia, _______, Harri Hursti, specifically testified to the acute security
vulnerabilities, among other facts, by declaration filed on August 24, 2020, (See Exhibit
LONDON, ENGLAND / ACCESSWIRE / August 10, 2017, Voting Technology Companies

18
in the U.S. - Their Histories and Present Contributions

19
https://www.vice.com/en/article/3kxzk9/exclusive-critical-us-election-systems-
have-been-left-exposed-online-despite-official-denials
53
“___” attached hereto) wherein he testified or found:
A. “The scanner and tabulation software settings being employed to determine

which votes to count on hand marked paper ballots are likely causing clearly
intentioned votes to be counted” “The voting system is being operated in
Fulton County in a manner that escalates the security risk to an extreme level”
“Votes are not reviewing their BMD printed ballots, which causes BMD
generated results to be un-auditable due to the untrustworthy audit trail.” 50%
or more of voter selections in some counties were visible to poll workers.
Dominion employees maintain near exclusive control over the EMS servers.
“In my professional opinion, the role played by Dominion personnel in Fulton
County, and other counties with similar arrangements, should be considered
an elevated risk factor when evaluating the security risks of Georgia’s voting
system.” See Paragraph 26 of Hursti Declaration.
B. A video game download was found on one Georgia Dominion system laptop,
suggesting that multiple Windows updates have been made on that respective
computer.
C. There is evidence of remote access and remote troubleshooting which

presents a grave security implication.
D. Certified identified vulnerabilities should be considered an “extreme security

risk.”
E. There is evidence of transfer of control the systems out of the physical

perimeters and place control with a third party off site.
F. USB drives with vote tally information were observed to be removed from the
presence of poll watchers during a recent election.
1. Hursti stated within said Declaration:
“The security risks outlined above – operating system risks, the failure to
harden the computers, performing operations directly on the operating
systems, lax control of memory cards, lack of procedures, and potential
remote access are extreme and destroy the credibility of the tabulations
and output of the reports coming from a voting system.” (See Paragraph
49 of Hursti Declaration).
149. Rather than engaging in an open and transparent process to give credibility
to Michigan’s Dominion-Democracy Suite voting system, the processes were hidden
during the receipt, review, opening, and tabulation of those votes in direct contravention
of Michigan’s Election Code and Federal law.
54
150. Finally, an analysis of the Dominion software system by a former US Military
Intelligence expert concludes that the system and software have been accessible and were
certainly compromised by rogue actors, such as Iran and China. By using servers and employees
connected with rogue actors and hostile foreign influences combined with numerous easily
discoverable leaked credentials, Dominion neglectfully allowed foreign adversaries to access
data and intentionally provided access to their infrastructure in order to monitor and manipulate
elections, including the most recent one in 2020. See Exh. 105, Spider Declaration.
4. Dominion Connections to Smartmatic and Hostile Foreign

Governments and Domestic Groups Such as Antifa.
151. Plaintiffs can also show Smartmatic’s incorporation and inventors who
have backgrounds evidencing their foreign connections, including Serbia, specifically
its identified inventors:
Applicant: SMARTMATIC, CORP.
Inventors: Lino Iglesias, Roger Pinate, Antonio Mugica, Paul Babic, Jeffrey
Naveda, Dany Farina, Rodrigo Meneses, Salvador Ponticelli, Gisela Goncalves,
Yrem Caruso 20
152. Another Affiant witness testifies that in Venezuela, she was in official
position related to elections and witnessed manipulations of petitions to prevent a
removal of President Chavez and because she protested, she was summarily dismissed.
She explains the vulnerabilities of the electronic voting system and Smartmatica to such
manipulations. (See Exh. __, Anna Mercedes Diaz Cardozo).
153. Plaintiffs have also learned through several reports that in 2010 Eric
Coomer joined Dominion as Vice President of U.S. Engineering. According to his bio,
20https://patents.justia.com/assignee/smartmatic-corp
55
Coomer graduated from the University of California, Berkeley with a Ph.D. in Nuclear
Physics. Eric Coomer was later promoted to Voting Systems Officer of Strategy and
Security although Coomer has since been removed from the Dominion page of directors
after Joe Oltmann disclosed that as a reporter he infiltrated ANTIFA< a domestic
terrorist organization where he recorded Eric Coomer representing that “Don’t worry
Trump won’t win the election, we fixed that.” – as well as twitter posts with violence
threatened against President Trump. (See Joe Oltmann interview with Michelle Malkin
dated November 13, 2020 which contains copies of Eric Coomer’s recording and
tweets). 21
154. In sum, as set forth above, for a host of independent reasons, the Michigan
certified election results concluding that Joe Biden received 154,180 more votes that
President Donald Trump must be set aside.
COUNT I
Defendants Violated the Elections and Electors Clauses and 42 U.S.C. § 1983.
155. Plaintiffs reallege all preceding paragraphs as if fully set forth herein.
156. The Electors Clause states that “[e]ach State shall appoint, in such Manner as the
Legislaturethereofmaydirect,aNumberofElectors”forPresident.U.S.Const.art. II, §1, cl. 2
(emphasis added).Likewise, the Elections Clause of the U.S. Constitution states that “[t]he
Times,Places,andMannerofholdingElectionsforSenatorsandRepresentatives,shallbe prescribed in
each State by the Legislature thereof.” U.S. Const. art. I, §4, cl. 1 (emphasis added).
157. The Legislature is “‘the representative body which ma[kes] the laws of the
21
https://www.youtube.com/watch?v=dh1X4s9HuLo&fbclid=IwAR2EaJc1M9RT3DaUraAjsycM
0uPKB3uM_-MhH6SMeGrwNyJ3vNmlcTsHxF4
56
people.’” Smiley, 285 U.S. at 193. Regulations of congressional and presidential
elections, thus, “must be in accordance with the method which the state has prescribed
for legislative enactments.” Id. at 367; see also Ariz. State Legislature v. Ariz. Indep.
Redistricting Comm’n, 135 S. Ct. 2652, 2668 (2015).
158. Defendantsare not part of the Michigan Legislature and cannot exercise
legislative power. Because the United States Constitution reserves for the Michigan
Legislature the power to set the time, place, and manner of holding elections for the
President and Congress, county boards of elections and state executive officers have no
authority to unilaterally exercise that power, much less to hold them in ways that
conflict with existing legislation. Defendants are not the legislature, and their unilateral
decision to deviate from the requirements of the Michigan Election Code violates the
Electors and Elections Clause of the United States Constitution.
159. Many affiants testified to Defendants’ failure to follow the requirements of
the Michigan Election Code, as enacted by the Michigan Legislature, MCL §§ 168.730-
738, relating to the rights of partisan election challengers to provide transparency and
accountability to ensure that all, and only, lawful ballots casts be counted, and that the
outcome of the election was honestly and fairly determined by eligible voters casting
legal ballots. As detailed in Section II, many of these requirements were either
disregarded altogether or applied in a discriminatory manner to Republican poll
watchers. Specifically, election officials violated Michigan’s Election Code by: (a)
disregarding or violating MCL § 168.730 and § 168.733 requiring election challengers
to have meaningful access to observe the counting and processing of ballots, see supra
Paragraphs 59-75; (b) wanton and widespread forgery and alteration, addition or
57
removal of votes, voters, or other information from ballots, the QVF or other voting
records, see supra Paragraphs 76-86; and (c) illegal double voting, counting ineligible
ballots, failure to check signatures or postmarks, and several other practices in clear
violation of the Michigan Election Code (and in some cases at the express direction of
supervisors or Wayne County officials). See supra Paragraphs 87-98.
160. Plaintiffs have no adequate remedy at law and will suffer serious and
irreparable harm unless the injunctive relief requested herein is granted. Defendants
have acted and, unless enjoined, will act under color of state law to violate the Elections
Clause.
161. Accordingly, the results for President in the November 3, 2020 election
must be set aside.
COUNT II
Governor Whitmer, Secretary Benson and Other Defendants Violated

TheFourteenth Amendment U.S. Const. Amend. XIV, 42 U.S.C. § 1983
Denial of Equal Protection
Invalid Enactment of Regulations Affecting Observation and Monitoring of the

Election
162. Plaintiffs refer to and incorporate by reference each of the prior paragraphs of this
Complaint as though the same were repeated at length herein.
163. The Fourteenth Amendment of the United States Constitution provides “nor shall
any state deprive any person of life, liberty, or property, without due process of law; nor
deny to any person within its jurisdiction the equal protection of the laws. See also Bush
v. Gore, 531 U.S. 98, 104 (2000)(having once granted the right to vote on equal terms,
the State may not, by later arbitrary and disparate treatment, value one person’s vote
58
over the value of another’s). Harper v. Virginia Board of Elections, 383 U.S. 663, 665
(1966) (“Once the franchise is granted to the electorate, lines may not be drawn which
are inconsistent with the Equal Protection Clause of the Fourteenth Amendment.”). The
Court has held that to ensure equal protection, a problem inheres in the absence of
specific standards to ensure its equal application. Bush, 531 U.S. at 106 (“The
formulation of uniform rules to determine intent based on these recurring circumstances
is practicable and, we conclude, necessary.”).
164. The equal enforcement of election laws is necessary to preserve our most
basic and fundamental rights. The requirement of equal protection is particularly
stringently enforced as to laws that affect the exercise of fundamental rights, including
the right to vote.
165. In statewide and federal elections conducted in the State of Michigan,
including without limitation the November 3, 2020 General Election, all candidates,
political parties, and voters, including without limitation Plaintiffs, have a vested
interest in being present and having meaningful access to observe and monitor the
electoral process in each County to ensure that it is properly administered in every
election district and otherwise free, fair, and transparent.
166. Moreover, through its provisions involving watchers and representatives,
the Michigan Election Code ensures that all candidates and political parties in each
County, including the Trump Campaign, have meaningful access to observe and
monitor the electoral process to ensure that it is properly administered in every election
district and otherwise free, fair, and transparent. See, e.g.,MCL § 168.730
&§ 168.733(1). Further, the Michigan Election Code provides it is a felony punishable by
59
up to two years in state prison for any person to threaten or intimidate a challenger who is
performing any activity described in Michigan law. MCL § 168.734(4). Defendants have a
duty to treat the voting citizens in each County in the same manner as the citizens in
other Counties in Michigan.
167. As set forth in Count I above, Defendants failed to comply with the
requirements of the Michigan Election Code and thereby diluted the lawful ballots of
the Plaintiffs and of other Michigan voters and electors in violation of the United States
Constitution guarantee of Equal Protection.
168. Specifically, Defendants denied the Trump Campaign equal protection of
the law and their equal rights to meaningful access to observe and monitor the electoral
process enjoyed by citizens in other Michigan Counties by: (a) denying Republican poll
challengers access to the TCF Center or physically removing them or locking them out
for pretextual reasons; (b) denied Republican poll watchers meaningful access to, or
even physically blocking their view of, ballot handling, processing, or counting; (c)
engaged in a systematic pattern of harassment, intimidation, verbal insult, and even
physical removal of Republican poll challengers; (d) systematically discriminated
against Republican poll watchers and in favor of Democratic poll watchers and activists
in enforcing rules (in particular, through abuse of “social distancing” requirements); (e)
ignored or refused to record Republican challenges to the violations set forth herein; (f)
refusing to permit Republican poll watchers to observe ballot duplication or to check if
duplication was accurate; (g) unlawfully coached voters to vote for Biden and other
democratic candidates, including at voting stations; and (h) colluded with other
Michigan State, Wayne County and City of Detroit employees (including police) and
60
Democratic poll watchers and activists to engage in the foregoing violations. See
generally supra Section II.A, Paragraphs 56-75.
169. Defendants further violated Michigan voters’ rights to equal protection
insofar as it allowed Wayne County and City of Detroit election workers to process and
count ballots in a manner that allowed ineligible ballots to be counted, including:
(a) fraudulently adding tens of thousands of new ballots and/or new voters to the QVF
in two separate batches on November 4, 2020, all or nearly all of which were votes for
Joe Biden; (b) systematically forging voter information and fraudulently adding new
voters to the QVF (in particular, where a voter’s name could not be found, assigning the
ballot to a random name already in the QVF to a person who had not voted and recorded
these new voters as having a birthdate of 1/1/1900); (c) fraudulently changing dates on
absentee ballots received after 8:00 PM Election Day deadline to indicate that such
ballots were received before the deadline; (d) changing Votes for Trump and other
Republican candidates; (e) adding votes to “undervote” ballots and removing votes from
“Over-Votes”; (f) permitting illegal double voting by persons that had voted by absentee
ballot and in person; (g) counting ineligible ballots – and in many cases – multiple
times; (h) counting ballots without signatures, or without attempting to match
signatures, and ballots without postmarks, pursuant to direct instructions from
Defendants; (i) counting “spoiled” ballots; (j) systematic violations of ballot secrecy
requirements; (k) accepting unsecured ballots arrived at the TCF Center loading garage,
not in sealed ballot boxes, without any chain of custody, and without envelopes, after
the 8:00 PM Election Day deadline; (l) accepting and counting ballots from deceased
voters; and (m) accepting and counting ballots collected from unattended remote drop
61
boxes. See generally infra Section II.B. and II.C, Paragraphs 76-98.
170. Plaintiffs have obtained direct eyewitness testimony confirming that
certain of these unlawful practices were at the express direction of Wayne County
election officials. With respect to (a) and (b), Affiant Cushman testified that election
supervisor Miller informed him that the Wayne County Clerk’s office had expressly
instructed them to manually to enter thousands of ballots arriving around 9 PM on
November 4, 2020, from voters not in the QVF, and to manually enter these
unregistered voters in the QVF with the birthdate of 1/1/1900. Exh. 3, GLJC
Complaint, Exh. D at¶¶ 14-17. With respect to (c), fraudulently back-dating absentee
ballots, City of Detroit election worker Affiant Jacob affirmed that she was instructed
by supervisors to “improperly pre-date the absentee ballots receive date … to falsely
show that absentee ballots had been received in time to be valid.” Id. Exh. B at ¶17.
With respect to (h) (accepting ballots without signatures or postmarks), affiants testified
that election workers did so at the express direction of Wayne County election officials.
See id. at ¶15.
171. Other Michigan county boards of elections provided watchers and
representatives of candidates and political parties, including without limitation watchers
and representatives of the Trump Campaign, with appropriate access to view the
absentee and mail-in ballots being pre-canvassed and canvassed by those county
election boards without the restrictions and discriminatory treatment outline
above.Defendants intentionally and/or arbitrarily and capriciously denied Plaintiffs
access to and/or obstructed actual observation and monitoring of the absentee and mail-
in ballots being pre-canvassed and canvassed by Defendants, depriving them of the
62
equal protection of those state laws enjoyed by citizens in other Counties.
172. Defendants have acted and will continue to act under color of state law to
violate Plaintiffs’ right to be present and have actual observation and access to the
electoral process as secured by the Equal Protection Clause of the United States
Constitution.Defendants thus failed to conduct the general election in a uniform manner
as required by the Equal Protection Clause of the Fourteenth Amendment, the corollary
provisions of the Michigan Constitution, and the Michigan Election Code.
173. Plaintiffs seek declaratory and injunctive relief requiring Secretary Benson
to direct that the Michigan Counties allow a reasonable number of challengers to
meaningfully observe the conduct of the Michigan Counties canvassers and board of
state canvassers and that these canvassing boards exercise their duty and authority under
Michigan law, which forbids certifying a tally that includes any ballots that were not
legally cast, or that were switched from Trump to Biden through the unlawful use of
Dominion Democracy Suite software and devices.
174. In addition, Plaintiffs ask this Court to order that no ballot processed by a
counting board in the Michigan Counties can be included in the final vote tally unless a
challenger was allowed to meaningfully observe the process and handling and counting
of the ballot, or that were unlawfully switched from Trump to Biden.
175. Plaintiffs have no adequate remedy at law and will suffer serious and
irreparable harm unless the declaratory and injunctive relief requested herein is granted.
Indeed, the setting aside of an election in which the people have chosen their
representative is a drastic remedy that should not be undertaken lightly, but instead
should be reserved for cases in which a person challenging an election has clearly
63
established a violation of election procedures and has demonstrated that the violation
has placed the result of the election in doubt. Michigan law allows elections to be
contested through litigation, both as a check on the integrity of the election process and
as a means of ensuring the fundamental right of citizens to vote and to have their votes
counted accurately.
176. In addition to the alternative requests for relief in the preceding
paragraphs, hereby restated, Plaintiffs seek a permanent injunction
requiring the Wayne County and other Michigan Election Boards to
invalidate ballots cast by: (1) any voter added to the QVF after the 8:00 PM
Election Day deadline; (3) any absentee or mail-in ballot received without a
signature or postmark; (4) any ballot cast by a voter who submitted a mail-
in ballot and voted in person; (5) any ballot cast by a voter not in the QVF
that was assigned the name of a voter in the QVF; (6) voters whose
signatures on their registrations have not been matched with ballot,
envelope and voter registration check; and (7) all “dead votes”.See generally
supra Section II.A-II.C.
COUNT III
Fourteenth Amendment, U.S. Const. Art. I § 4, cl. 1; Art. II, § 1, cl. 2;

Amend. XIV, 42 U.S.C. § 1983
Denial of Due Process On The Right to Vote
177. Plaintiffs refer to and incorporate by reference each of the prior
paragraphs of this Complaint as though the same were repeated at length herein.
178. The right of qualified citizens to vote in a state election involving federal
64
candidates is recognized as a fundamental right under the Fourteenth Amendment of the
United States Constitution. Harper, 383 U.S. at 665. See also Reynolds, 377 U.S. at
554 (The Fourteenth Amendment protects the “the right of all qualified citizens to vote,
in state as well as in federal elections.”). Indeed, ever since the Slaughter-House
Cases,83 U.S. 36 (1873), the United States Supreme Court has held that the Privileges
or Immunities Clause of the Fourteenth Amendment protects certain rights of federal
citizenship from state interference, including the right of citizens to directly elect
members of Congress. SeeTwining v. New Jersey, 211 U.S. 78, 97 (1908) (citing Ex
parte Yarbrough, 110 U.S. 651, 663-64 (1884)). See alsoOregon v. Mitchell,400 U.S.
112, 148-49 (1970) (Douglas, J., concurring) (collecting cases).
179. The fundamental right to vote protected by the Fourteenth Amendment is
cherished in our nation because it “is preservative of other basic civil and political
rights.” Reynolds, 377 U.S. at 562. Voters have a “right to cast a ballot in an election
free from the taint of intimidation and fraud,” Burson v. Freeman, 504 U.S. 191, 211
(1992), and “[c]onfidence in the integrity of our electoral processes is essential to the
functioning of our participatory democracy.” Purcell v. Gonzalez, 549 U.S. 1, 4 (2006)
(percuriam).
180. “Obviously included within the right to [vote], secured by the
Constitution, is the right of qualified voters within a state to cast their ballots and have
them counted” if they are validly cast. United States v. Classic, 313 U.S. 299,315
(1941). “[T]he right to have the vote counted” means counted “at full value without
dilution or discount.” Reynolds, 377 U.S. at 555, n.29 (quoting South v. Peters, 339
U.S. 276, 279 (1950) (Douglas, J., dissenting)).
65
181. “Every voter in a federal . . . election, whether he votes for a candidate
with little chance of winning or for one with little chance of losing, has a right under the
Constitution to have his vote fairly counted, without its being distorted by fraudulently
cast votes.” Anderson v. United States, 417 U.S. 211, 227 (1974); see also Baker v.
Carr, 369 U.S. 186, 208 (1962). Invalid or fraudulent votes “debase[]” and “dilute” the
weight of each validly cast vote. See Anderson, 417 U.S. at 227.
182. The right to an honest [count] is a right possessed by each voting elector,
and to the extent that the importance of his vote is nullified, wholly or in part, he has
been injured in the free exercise of a right or privilege secured to him by the laws and
Constitution of the United States.” Anderson, 417 U.S. at 226 (quoting Prichard v.
United States, 181 F.2d 326, 331 (6th Cir.), aff'd due to absence of quorum, 339 U.S.
974 (1950)).
183. Practices that promote the casting of illegal or unreliable ballots or fail to
contain basic minimum guarantees against such conduct, can violate the Fourteenth
Amendment by leading to the dilution of validly cast ballots. See Reynolds, 377 U.S. at
555 (“[T]he right of suffrage can be denied by a debasement or dilution of the weight of
a citizen’s vote just as effectively as by wholly prohibiting the free exercise of the
franchise.”).
184. Section II of this Complaint and the exhibits attached hereto describe
widespread and systematic violations of the Michigan Election Code and/or the Equal
Protection Clause described, namely: (A) Section II.A, Republican poll challengers
were denied the opportunity to meaningfully observe the processing and counting of
ballots; (B) Section II.B, election workers forged, added, removed or otherwise altered
66
information on ballots, the QFV and other voting records; and (C) Section II.C, several
other Michigan Election Code violations that caused or facilitated the counting of tens
of thousands of ineligible, illegal or duplicate ballots.
185. Plaintiffs seek declaratory and injunctive relief requiring Secretary Benson
to direct that Secretary Benson and Wayne County are enjoined from certifying the
results of the General Election, or in the alternative, conduct a recount or recanvas in
which they allow a reasonable number of challengers to meaningfully observe the
conduct of the Michigan Counties canvassers and board of state canvassers and that
these canvassing boards exercise their duty and authority under Michigan law, which
forbids certifying a tally that includes any ballots that were not legally cast, or that were
switched from Trump to Biden through the unlawful use of Dominion Democracy Suite
software and devices.
COUNT IV
Wide-SpreadBallot Fraud
186. Plaintiffs reallege all preceding paragraphs as if fully set forth herein.
187. The "glitches" in the Dominion system -- that seem to have the uniform
effect of hurting Trump and helping Biden -- have been widely reported in the press and
confirmed by the analysis of independent experts. See generally supra Section IV.
188. And as evidenced by numerous sworn statements, Defendants egregious
misconduct has included ignoring legislative mandates concerning mail-in ballots– including the
mandate that mail-in ballots be post-marked on or before Election Day, and critically, preventing
Plaintiff’s poll watchers from observing the receipt, review, opening, and tabulation of mail-in
ballots. Those mail-in ballots are evaluated on an entirely parallel track to those ballots cast in
person.
67
189. The right to vote includes not just the right to cast a ballot, but also the right to
have it fairly counted if it is legally cast. The right to vote is infringed if a vote is cancelled or
diluted by a fraudulent or illegal vote, including without limitation when a single person votes
multiple times. The Supreme Court of the United States has made this clear in case after case.
See, e.g., Gray v. Sanders, 372 U.S. 368, 380 (1963) (every vote must be “protected from the
diluting effect of illegal ballots.”); Crawford v. Marion Cnty. Election Bd., 553 U.S. 181, 196
(2008) (plurality op. of Stevens, J.) (“There is no question about the legitimacy or importance of
the State’s interest in counting only the votes of eligible voters.”); accord Reynolds v. Sims, 377
U.S. 533, 554-55 & n.29 (1964).
190. The disparate treatment of Michigan voters, in subjecting one class of voters to
greater burdens or scrutiny than another, violates Equal Protection guarantees because “the right
of suffrage can be denied by a debasement or dilution of the weight of a citizen’s vote just as
effectively as by wholly prohibiting the free exercise of the franchise.” Reynolds, 377 U.S. at
555. Rice v. McAlister, 268 Ore. 125, 128, 519 P.2d 1263, 1265 (1975); Heitman v. Brown Grp.,
Inc., 638 S.W.2d 316, 319, 1982 Mo. App. LEXIS 3159, at *4 (Mo. Ct. App. 1982); Prince v.
Bear River Mut. Ins. Co., 2002 UT 68, ¶ 41, 56 P.3d 524, 536-37 (Utah 2002).
COUNT V
MICHIGAN STATUTORY ELECTION LAW VIOLATIONS
191. Plaintiffs refer to and incorporate by reference each of the prior
paragraphs of this Complaint as though the same were repeated at length herein
Violation of MCL 168.765a.
192. Absent voter ballots must only be counted when “at all times” there is “at least 1
election inspector from each major political party.” MCL 168.765a.
193. Per eyewitness accounts described in this Complaint and its attached sworn
68
affidavits, Defendants habitually and systematically disallowed election inspectors from the
Republican party, including Plaintiff, to be present in the voter counting place and refused
access to election inspectors from the Republican party, including Plaintiff, to be within a
closeenoughdistancefromtheabsentvoterballotstobeabletoseeforwhomtheballotswerecast.
See generally supra Section II.A., Paragraphs56-75.
194. Defendants refused entry to official election inspectors from the Republican
party, including Plaintiff, into the counting place to observe the counting of absentee voter
ballots. Defendants even physically blocked and obstructed election inspectors from the
Republicanparty,includingPlaintiff,byadheringlargepiecesofcardboardtothetransparent glass
doors so the counting of absent voter ballots was notviewable.
Violation of MCL 168.733
195. MCL 168.733requires sets forth the procedures for election challengers and the
powers of election inspectors. See generally supra Paragraph 39.
196. Per eyewitness accounts described in this Complaint and its attached sworn
affidavits, Defendants habitually and systematically failed to provide space for election
inspectors from the Republican party, including Plaintiff, to observe election procedure,
failed to allow the inspection of poll books, failed to share the names of the electors being
entered in the poll books, failed to allow the examination of each ballot as it was being
counted, and failed to keep records of obvious and observedfraud.See generally supra
Section II.A., Paragraphs 56-75.
197. Pollchallengers,includingPlaintiff,observedelectionworkersandsupervisors
writing on ballots themselves to alter them, apparently manipulating spoiled ballots by hand
and then counting the ballots as valid, counting the same ballot more than once, adding
69
information to incomplete affidavits accompanying absentee ballots, counting absentee
ballots returned late, counting unvalidated and unreliable ballots, and counting the ballots of
“voters”whohadnorecordedbirthdatesandwerenotregisteredintheState’sQualifiedVoter File
or on any Supplemental voterlists.
Violation of MCL 168.765(5) and 168.764a
198. Michigan election law, MCL 168.765(5), requires Defendants to post the
specific absentee voting information anytime an election is conducted which involves a state
or federal office, in particular, the number of absentee ballots distributed to absent voters.
199. Upon information and belief, Defendants failed to post by 8:00 a.m. on
Election Day the number of absentee ballots distributed to absent voters and failed to post
before 9:00 p.m. the number of absent voters returned before on Election Day.
200. Per Michigan Election law, all absentee voter ballots must be returned to the
clerk before polls close at 8pm. MCL 168.764a. Any absentee voter ballots received by the
clerk after the close of the polls on election day will not be counted.
201. Michigan allows for early counting of absentee votes prior to the closings of
the polls for large jurisdictions, such as the City of Detroit and Wayne County.
202. Upon information and belief, receiving tens of thousands additional absentee
ballots in the early morning hours after election day and after the counting of the absentee ballots
had concluded, without proper oversight, with tens of thousands of ballots attributed to just one
candidate, Joe Biden, indicates Defendants failed to follow proper electionprotocol.See generally
supra Section II.B.1, Paragraphs 77-78.
Violation of MCL 168.730
203. MCL 168.730 sets forth the rights and requirements for election challengers.
MCL 168.734 provides, among other things:
70
Any officer or election board who shall prevent the presence of any such
challenger as above provided, or shall refuse or fail to provide such challenger
with conveniences for the performance of the duties expectedof
him,shall,uponconviction,bepunishedbyafinenotexceeding$1,000.00, or by
imprisonment in the state prison not exceeding 2 years, or by both such fine
and imprisonment in the discretion of thecourt.
204. WayneCounty’sandSecretaryBenson’sdenialofRepublicanchallengers’
righttoparticipateandobservetheprocessingofballotsviolatesMichigan’sElectionCodeand resulting
in the casting and counting of ballots that were ineligible to be counted and diluted or canceled
out the lawfully cast ballots of other Michigan voters.
205. Further, Secretary of State Benson and the election officials in Wayne County
violatedMCL168.730-168.734bydenyingRepublicanchallengers’rightstomeaningfully observe
and participate in the ballot processing and countingprocess.
206. Based upon the above allegations of fraud, statutory violations, and other
misconduct, as stated herein and in the attached affidavits, it is necessary to order appropriate
relief,including,butnotlimitedto,enjoiningthecertificationoftheelectionresultspendingafull
investigation and court hearing, ordering a recount of the election results, or voiding the election
and ordering a new election, to remedy thefraud.
71
PRAYER FOR RELIEF
207. Accordingly, Plaintiffs seek an emergency order instructing Defendants to de-
certify the results of the General Election for the Office of President.
208. Alternatively, Plaintiffs seek an order instructing the Defendants to certify the
results of the General Election for Office of the President in favor of President Donald Trump.
209. In the alternative, Plaintiffs seek an emergency order prohibiting Defendants from
including in any certified results from the General Election the tabulation of absentee and
mailing ballots which do not comply with the Michigan Election Code, including, without
limitation, the tabulation of absentee and mail-in ballots Trump Campaign’s watchers were
prevented from observing or based on the tabulation of invalidly cast absentee and mail-in
ballots which (i) lack a secrecy envelope, or contain on that envelope any text, mark, or symbol
which reveals the elector’s identity, political affiliation, or candidate preference, (ii) do not
include on the outside envelope a completed declaration that is dated and signed by the elector,
(iii) are delivered in-person by third parties for non-disabled voters, or (iv) any of the other
Michigan Election Code violations set forth in Section II of this Complaint.
210. Order production of all registration data, ballots, envelopes, etc. required to be
maintained by law. When we consider the harm of these uncounted votes, and ballots not ordered
by the voters themselves, and the potential that many of these unordered ballots may in fact have
been improperly voted and also prevented proper voting at the polls, the mail ballot system has
clearly failed in the state of Michigan and did so on a large scale and widespread basis. The size
of the voting failures, whether accidental or intentional, are multiples larger than the margin in
the state. For these reasons, Michigan cannot reasonably rely on the results of the mail
72
vote.Relief sought is the elimination of the mail ballots from counting in the 2020 election.
Alternatively, the electors for the State of Michigan should be disqualified from counting toward
the 2020 election. Alternatively, the electors of the State of Michigan should be directed to vote
for President Donald Trump.
211. For these reasons, Plaintiffs ask this Court to enter a judgment in their favor and
provide the following emergency relief:
1. An order directing Secretary Benson, Governor Whitmer, the Board of State
Canvassers and Wayne County to de-certify the election results;
2. An order enjoining Secretary Benson and Governor Whitmer from transmitting the
currently certified election results to the Electoral College;
3. An order requiring Governor Whitmer to transmit certified election results that state
that President Donald Trump is the winner of the election;
4. An immediate order to impound all the voting machines and software in Michigan for
expert inspection by the Plaintiffs.
5. An order that no votes received or tabulated by machines that were not certified as
required by federal and state law be counted.
6. A declaratory judgment declaring that Michigan’s failed system of signature
verification violates the Electors and Elections Clause by working a de facto abolition
of the signature verification requirement;
73
7. A declaratory judgment declaring that current certified election results violatesthe
Due Process Clause, U.S. CONST. Amend. XIV;
8. A declaratory judgment declaring that mail-in and absentee ballot fraud must be
remedied with a Full Manual Recount or statistically valid sampling that properly
verifies the signatures on absentee ballot envelopes and thatinvalidates the certified
results if the recount or sampling analysis shows a sufficient number of ineligible
absentee ballots were counted;
9. An emergency declaratory judgment that voting machines be Seized and Impounded
immediately for a forensic audit—by Plaintiffs’ expects;
10. A declaratory judgment declaring absentee ballot fraud occurred in violation of
Constitutional rights, Election laws and under state law;
11. A permanent injunction prohibiting the Governor and Secretary of State from
transmitting the currently certified results to the Electoral College based on the
overwhelming evidence of election tampering;
12. Immediate production of 48 hours of security camera recording of all rooms used in
the voting process at the TCF Center for November 3 and November 4.
13. Plaintiffs further request the Court grant such other relief as is just and proper,
including but not limited to, the costs of this action and their reasonable attorney fees
and expenses pursuant to 42 U.S.C. 1988.
74
Respectfully submitted, this 25th day of November, 2020.
/s Sidney Powell* /s/ Scott Hagerstrom

Sidney Powell PC Michigan State Bar No. 57885
222 West Genesee
Texas Bar No. 16209700 Lansing, MI 48933
(517) 763-7499
Scotthagerstrom @yahoo.com
/s/ Gregory J. Rohl P39185

The Law Offices of Gregory J. Rohl, P.C.
41850 West 11 Mile Road, Suite 110
Novi, MI 48375
248-380-9404
gregoryrohl@yahoo.com
Of Counsel:
Emily P. Newman (Virginia Bar No. 84265)
Julia Z. Haller (D.C. Bar No. 466921)
2911 Turtle Creek Blvd, Suite 300

Dallas, Texas 75219
*Application for admission pro hac vice

Forthcoming
L. Lin Wood
GA Bar No. 774588
L. LIN WOOD, P.C.
P.O. Box 52584
Atlanta, GA 30305-0584
Telephone: (404) 891-1402
Howard Kleinhendler
New York Bar No. 2657120
Howard Kleinhendler Esquire
369 Lexington Avenue, 12th Floor
New York, New York 10017
(917) 793-1188
howard@kleinhendler.com
75

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Case 2:20-cv-13134-LVP-RSW ECF No. 1, PageID.

1 Filed 11/25/20 Page 1 of 75

IN THE UNITED STATES DISTRICT COURT

EASTERN DISTRCT OF MICHIGAN

TIMOTHY KING,MARIAN ELLEN

GRETCHEN WHITMER, in her official

COMPLAINT FOR DECLARATORY, EMERGENCY,

NATURE OF THE ACTION

affidavits of expert witnesses.

3. The multifaceted schemes and artifices implemented by Defendants and their

collaborators to defraud resulted in the unlawful counting, or manufacturing, of hundreds of

Dominion Voting Systems Fraud and Manipulation

Systems Corporation (“Dominion”) used by the MichiganBoard of State Canvassers. The

Sequoia in the United States.

5. Smartmatic and Dominion were founded by foreign oligarchs and dictators to

Declaration of Dominion Venezuela Whistleblower (“Dominion Whistleblower Report”).

Notably, Chavez “won” every election thereafter.

6. As set forth in the DominionWhistleblower Report, the Smartmatic software was

contrived through a criminal conspiracy to manipulate Venezuelan elections in favor of dictator

Importantly, I was a direct witness to the creation and operation of an electronic

Smartmatic’s electoral technology was called “Sistema de Gestión Electoral” (the

7. A core requirement of the Smartmatic software design ultimately adopted by

votes from any audit. As the whistleblower explains:

Exh. 107, August 24, 2020 Declaration of HarriHursti, ¶¶45-48).

deemed vulnerable to undetected and non-auditable manipulation. An industry expert, Dr.

Voters” at (Dec. 27, 2019), attached hereto as Exhibit 2 (“Appel Study”).

relief requested herein.

supplemented by healthy doses of harassment, intimidation, discrimination, abuse and even

physical removal of Republican poll challengers to eliminate any semblance of transparency,

Fact Witness Testimony of Voting Fraud & Other Illegal Conduct

fraudulent, illegal or ineligible voters, election workers:

C. Engaged in a systematic pattern of harassment, intimidation and even physical

D. Systematically discriminated against Republican poll watchers and favored

E. Ignored or refused to record Republican challenges to the violations outlined

F. Refused to permit Republican poll challengers to observe ballot duplication and

H. As a result of the above, Democratic election challengers outnumbered

I. Collaborated with Michigan State, Wayne County and/or City of Detroit

C. Changing dates on absenteeballots received after 8:00 PM Election Day deadline

D. Changing Votes for Trump and other Republican candidates; and

E. Added votes to “undervote” ballots and removing votes from “Over-Votes”.

15. Third, election workers committed several additional categories of violations of

duplicate ballots, or reject Trump or Republican ballots, including:

B. Counting ineligible ballots – and in many cases – multiple times;

C. Counting ballots without signatures, or without attempting to match signatures,

D. Counting “spoiled” ballots;

E. Systematic violations of ballot secrecy requirements;

G. Accepting and counting ballots from deceased voters.

Expert Witness Testimony Regarding Voting Fraud

the “physical impossibility” of nearly 385,000 votes injected by four precincts/township on

17. As explained and demonstrated in the accompanying redacted declaration of a

affidavit, November 23, 2020).

18. Expert Navid Keshavarez-Nia explains that US intelligence services had

Dominion's software is vulnerable to data manipulation by unauthorized means and permitted

Vice-President Biden. (Ex. 109).

laws, or treaties of the United States.”

285 U.S. 355, 365(1932).

22. ThejurisdictionoftheCourttograntdeclaratoryreliefisconferredby28U.S.C. §§ 2201

and 2202 and by Rule 57, Fed. R. Civ. P.

state-law claims under 28 U.S.C.§ 1367.Venueisproperbecausea substantial part of the events or

unilaterally exercise that power, much less flout existinglegislation.