COLLETTE - FL BALLOT CHALLENGE

kimba · **Joined:** Tue Sep 08, 2009 3:24 pm **Posts:** 6626

Quote:

Jerry said this is probably the end of this case but he hopes someone will use his ballot challenge kit and file in another jurisdiction.

This reminded me of something from the radio show. I thought Jerry said that because of the distance he'd have to travel to Tallahassee, he might not pursue the case in Leon county. How would that happen? Is Jerry responsible for re-filing the case in Tallahassee? If he doesn't, is it over or does he have to file something to say he's not going to go forward in the new venue? If Jerry doesn't, could/would Herron file to get a definite dismissal by Leon County?

Paul Lentz · **Posted:** Thu Jul 26, 2012 4:27 pm

Reality Check wrote:

I heard from Jerry Collette. The hearing was very brief. Mark Herron appeared via telephone. Judge Mills said clear error is not a justification for a motion to reconsider (Jerry's words not mine) and that he made no error anyway. Jerry said the clerk had asked Herron to pay the transfer fee but was probably mistaken on that since it was ruled to be improper venue. Jerry said this is probably the end of this case but he hopes someone will use his ballot challenge kit and file in another jurisdiction.

Huh? If his "ballot challenge kit" is so useful and solid, why doesn't Collette simply take the transfer to Leon County (Tallahassee) and pursue his case there? I mean, it's a pretty easy drive (about 4½ hours) from anywhere in Pasco County up to Tallahassee, and a relatively straight shot on U.S. Hwy. 19, 99% of which is at least 4 lanes (often more) and divided, with very few towns along the route even large enough to have a stoplight. Easy-peasy.

Seriously, if Collette has so little belief in his own product, it's a joke to expect anyone else--even people as stupid as birthers--to use it. :roll:

Jim · **Joined:** Fri May 04, 2012 4:05 pm **Posts:** 216

Paul Lentz wrote:

Reality Check wrote:

Seriously, if Collette has so little belief in his own product, it's a joke to expect anyone else--even people as stupid as birthers--to use it. :roll:

I, and probably everyone here, think that you're probably underestimating the birther stupidity quotient. [-X

1 guest · **Joined:** Sat May 05, 2012 9:09 pm **Posts:** 143

kimba wrote:

Quote:

Jerry said this is probably the end of this case but he hopes someone will use his ballot challenge kit and file in another jurisdiction.

This reminded me of something from the radio show. I thought Jerry said that because of the distance he'd have to travel to Tallahassee, he might not pursue the case in Leon county. How would that happen? Is Jerry responsible for re-filing the case in Tallahassee? If he doesn't, is it over or does he have to file something to say he's not going to go forward in the new venue? If Jerry doesn't, could/would Herron file to get a definite dismissal by Leon County?

It's not transfered to the new venue until someone pays the fee. The transferring judge indicates in his order whether it's the plaintiff's responsibility or the defendent's.

http://forms.justia.com/florida/local-c ... -2328.html

BillTheCat · **Joined:** Fri Jan 13, 2012 5:25 pm **Posts:** 1428

Yes, use Jerry's "Kit" - as demonstrated by the creator of this foolproof way to bring a ballot challenge, it works like a charm! :lol:

Dr. Blue · **Joined:** Sat Jan 07, 2012 11:01 am **Posts:** 307

So what's the conversation in Jerry's head about this? Something like: "We have an ineligible person on the office of President of the United States, in violation of the US Constitution and the principles of this country. But damn.... a 4 hour drive? That's just too much..."

Reality Check · **Posted:** Thu Jul 26, 2012 9:07 pm

Birthers have a long history of being pragmatic (i.e., cheap) and chicken when it comes to addressing Konstitutional crises of Biblical proportions. I think we could make a long list. :lol:

Foggy · **Posted:** Thu Jul 26, 2012 9:08 pm

Dr. Blue wrote:

So what's the conversation in Jerry's head about this? Something like: "We have an ineligible person on the office of President of the United States, in violation of the US Constitution and the principles of this country. But damn.... a 4 hour drive? That's just too much..."

It's such a grave constitutional crisis, there still has yet to be a gathering of even 100 birthers at one place at the same time.

No wonder the troofers are embarrassed by the comparison. :-({|=

Reality Check · **Posted:** Fri Aug 03, 2012 9:24 pm

I missed this but Jerry Collette sent me a link.

From the Dripper:

Do It Yourself Ballot Challenge Now Focused on State Capitols

Jerry Collette wrote:

“Most likely, my case, once moved to Tallahassee, will be assigned to the same biased, liberal judge who has already ruled once against Mike Voeltz,” reports Collette. “Since the defendants were ordered to pay filing fees, we may still proceed!! If we had been required to pay the refiling fees, I might have decided to put my full energies into other strategies.” [Judge Mill's transfer order has not been posted so we do not know if this is the case.]

I am encouraging others to file similar cases. While my case was the prototype, I never intended my case to be the only one to proceed on this theory. The Do It Yourself Ballot Challenge Kit assumes that most judges will not allow ballot challenges to proceed. However, we only need one courageous judge who will actually hear a case on its merits!”

Sewell continues:

Quote:

We are, however, recommending a slight change of strategy. Instead of filing in your local county, we are encouraging you to file in your state capitol [sic], and to name your state’s officials in your case. The election is getting closer. In our goal to stop Obama and the Democratic Party, we need to get the courts to stop the election officials from putting the name of any candidate on the ballot who has not been properly vetted. In most states, when state officials are named as defendants, that filing needs to be done in the state capitol.

Jerry was also on another Blog Talk show this week pushing his highly successful ballot challenge kit.

Edit: The hosts name is Bill Clade. He seems to be a friend of the Drip. http://www.blogtalkradio.com/billclade/ ... y-collette Jerry assumes his case would have been assigned to the "liberal" Judge Terry Lewis" I think Jerry is the one copping out here.

Piffle · **Posted:** Fri Aug 03, 2012 9:34 pm

Reality Check wrote:

I missed this but Jerry Collette sent me a link.

From the Dripper:

Do It Yourself Ballot Challenge Now Focused on State Capitols

Jerry Collette wrote:

“Most likely, my case, once moved to Tallahassee, will be assigned to the same biased, liberal judge who has already ruled once against Mike Voeltz,” reports Collette. “Since the defendants were ordered to pay filing fees, we may still proceed!! If we had been required to pay the refiling fees, I might have decided to put my full energies into other strategies.” [Judge Mill's transfer order has not been posted so we do not know if this is the case.]

Uh, well, you might be in for a surprise about those filing fees, Jerry. In some states, fees like these are adjusted at the end of the case via remittur. In others, they're simply included in an order taxing costs.

I am encouraging others to file similar cases. While my case was the prototype, I never intended my case to be the only one to proceed on this theory. The Do It Yourself Ballot Challenge Kit assumes that most judges will not allow ballot challenges to proceed. However, we only need one courageous judge who will actually hear a case on its merits!”

Sewell continues:

Quote:

We are, however, recommending a slight change of strategy. Instead of filing in your local county, we are encouraging you to file in your state capitol [sic], and to name your state’s officials in your case. The election is getting closer. In our goal to stop Obama and the Democratic Party, we need to get the courts to stop the election officials from putting the name of any candidate on the ballot who has not been properly vetted. In most states, when state officials are named as defendants, that filing needs to be done in the state capitol.

Not a big deal, but I don't get it. Why the "sic" after the word capitol?

MaineSkeptic · **Joined:** Thu Mar 19, 2009 2:48 pm **Posts:** 5295

Piffle wrote:

Not a big deal, but I don't get it. Why the "sic" after the word capitol?

On the assumption that it refers to a city rather than a building?

Reality Check · **Posted:** Fri Aug 03, 2012 9:42 pm

I think it would be proper to say "capital" here meaning the city not the building. I am saying Sewell used the term incorrectly in context. I don't think any of the state capitols have courts in them.

Piffle · **Posted:** Fri Aug 03, 2012 9:47 pm

Reality Check wrote:

I think it would be proper to say "capital" here meaning the city not the building. I am saying Sewell used the term incorrectly in context. I don't think any of the state capitols have courts in them.

I think you may be right, RC. (Skeppy too.) Perhaps I lived in the DC area too long where "the capitol" is routinely applied to the city. Glad I asked, actually.

Reality Check · **Posted:** Fri Aug 03, 2012 9:51 pm

Of course I hate to correct a MENSA member .... =))

neonzx · **Joined:** Tue Mar 10, 2009 9:27 am **Posts:** 4216

Quote:

Jerry Collette wrote:
“Most likely, my case, once moved to Tallahassee, will be assigned to the same biased, liberal judge who has already ruled once against Mike Voeltz,”

O'rly? Funny that. The Motions hearing in Voeltz ACT II is still scheduled to be heard by Judge Cooper (as in, not "biased, liberal judge" Terry Lewis) on the 22nd. :-k

Sugar Magnolia · **Posted:** Sat Aug 04, 2012 5:54 am

Piffle wrote:

Reality Check wrote:

I think it would be proper to say "capital" here meaning the city not the building. I am saying Sewell used the term incorrectly in context. I don't think any of the state capitols have courts in them.

I think you may be right, RC. (Skeppy too.) Perhaps I lived in the DC area too long where "the capitol" is routinely applied to the city. Glad I asked, actually.

I'm glad you asked, too, because I had the same question.

Foggy · **Posted:** Sat Aug 04, 2012 7:08 am

Lewis wasn't a biased, liberal judge before the Voeltz case. He was Larry Kkklayman's darling conservative, who ruled against Gore in 2000.

Judges don't become truly liberal until they've followed the law and dismissed a birther case.

A Legal Lohengrin · **Joined:** Tue Oct 26, 2010 9:56 pm **Posts:** 9335

Piffle wrote:

Reality Check wrote:

I think it would be proper to say "capital" here meaning the city not the building. I am saying Sewell used the term incorrectly in context. I don't think any of the state capitols have courts in them.

I think you may be right, RC. (Skeppy too.) Perhaps I lived in the DC area too long where "the capitol" is routinely applied to the city. Glad I asked, actually.

"Capitol" spelled with an "o" is now obsolete and mostly disfavored outside of the few circumstances where a building or city has either by proper name or by tradition been known with the "o" spelling. So, for instance, the "Capitol Building" in D.C. or the "United States Capitol," but the "Indiana Capital Building in Indianapolis" or the "capital of Chile."

DaveMuckey · **Posted:** Sat Aug 04, 2012 2:14 pm

Harrumph! Got yer capitals right here!

MaineSkeptic · **Joined:** Thu Mar 19, 2009 2:48 pm **Posts:** 5295

DaveMuckey wrote:

Harrumph! Got yer capitals right here RIGHT HERE!

fify

A Legal Lohengrin · **Joined:** Tue Oct 26, 2010 9:56 pm **Posts:** 9335

DaveMuckey wrote:

Harrumph! Got yer capitals right here!

Dallasite · **Posted:** Sun Aug 05, 2012 2:24 am

DaveMuckey wrote:

Harrumph! Got yer capitals right here!

Ooh, Corrinthian. Pretty!

Reality Check · **Posted:** Tue Aug 21, 2012 11:23 am

The docket for the case shows an order on July 27 but there is no document available. The only document available is the original order granting the venue transfer. I have no idea that the entry on postage reimbursement is about.

Quote:

7/30/2012 PL ASM:CA POSTAGE REIMBURSEMENT
7/27/2012 ORDER DENYING: PLFS MTN TO RECONSIDER AND SET ASIDE TRANSFER OF VENUE
RULING

realist · **Joined:** Fri Jan 23, 2009 1:33 pm **Posts:** 23533

Reality Check wrote:

The docket for the case shows an order on July 27 but there is no document available. The only document available is the original order granting the venue transfer. I have no idea that the entry on postage reimbursement is about.

Quote:

7/30/2012 PL ASM:CA POSTAGE REIMBURSEMENT
7/27/2012 ORDER DENYING: PLFS MTN TO RECONSIDER AND SET ASIDE TRANSFER OF VENUE
RULING

Thanks to you, there is now. :-bd

Reality Check · **Posted:** Wed Sep 12, 2012 4:23 pm

Now it is officially dead again:

Collette v Obama Case Dead

A copy of the dismissal is there and a copy will be hopefully posted for download on Jack Ryan's site.

Falsehoods unchallenged only fester and grow.

COLLETTE - FL BALLOT CHALLENGE

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