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From: "Mike Peterson" <>
Subject: [BOARD] Challenged NVGenWeb Election - Respondent NC Response
Date: Sun, 12 Nov 2006 08:10:43 -0800


This respondent has endeavored to separate the wheat from the chaff
regarding the allegations made in the contest of the election in NVGenWeb.
It has required a thorough sort of the rather rambling dissertation of
allegations to a determination that there are three main complaints
included. Each response to each complaint will follow in separate messages.

The first complaint regarding how the election was controlled is invalid
upon its face. In order to be valid, it requires the acceptance of an
erroneous fact. The evidence is overwhelming that the assumption made by
Mr. Smoot is incorrect. Section 1, entitled "Control of Election Process",
demonstrates this error in detail.

The second complaint is regarding the method by which votes were cast, and
this is an invalid complaint as well. In order to be valid, it requires
acceptance of a level of privacy and confidentiality not part of bylaw or
procedure, nor required under the provisions of law. The evidence is
overwhelming that the voting method provides more than sufficient
confidentiality, and far more than is required. Section 2, entitled "Voting
Method and Secret Ballot", clearly shows the actual requirements and the
method used to meet those requirements.

The final complaint is regarding procedural irregularities covering a
plethora of issues. This complaint is also invalid. In order to be valid,
proof must be shown that these issues are sufficient to void the election,
and no proof has been offered to indicate that these `irregularities' are,
in fact, required elements of an election process. Additionally, there has
been no evidence to demonstrate that any effect upon the outcome of the
election may have resulted from any of the alleged `irregularities'.
Section 3, entitled "Procedural Irregularities", will show that absent
sufficient proof, the argument fails.

Once on separates the hyperbole from the fact, the clarity of the real issue
should be clear to all.

Scott Burow
National Coordinator
USGenWeb Project



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