Ninth Circuit Rules EIPC Can Challenge California’s Election Laws and Rules

Note: The following is from the Election Integrity Project CA, Nov. 21, 2022

The Ninth Circuit has ruled that Election Integrity Project®California (EIPCa) and recent and future congressional candidates have standing to challenge the Constitutionality of California’s election laws, regulations, policies and procedures that have weakened or removed integrity from the election process. Though the Constitution gives authority to state legislators to pass laws to manage elections and process ballots, EIPCa asserts they do not have carte blanche authority to pass laws that diminish the value of the lawfully cast ballots. The decision remanded the lawsuit to the lower court for discovery, which is the next phase of the litigation.

Over the last decade California has passed laws, orders and regulations that have led to massive irregularities, culminating in the 2020 election, when Governor Newsom authorized mailing a ballot to all “active” registrants on the voter rolls and former Secretary of State Alex Padilla gutted signature verification requirements. EIPCa received over 700 affidavits signed under penalty of perjury from EIPCa-trained observers who consistently reported election workers not adequately verifying signatures and, in some cases, counting ballots without signatures.

Because neither the state legislature nor Alex Padilla required uniform and secure vote casting and counting procedures, uneven procedures were applied across counties. EIPCa and its co-plaintiffs filed this lawsuit against Governor Newsom, the Attorney General, the Secretary of State, and thirteen country registrars. “This lawsuit is monumental because it is the first to challenge the constitutionality of California’s election laws and procedures, and we are the first to get past standing,” says Mariah Gondeiro, the lead attorney who works for Advocates for Faith and Freedom. “If we win, California will be required to enforce secure and uniform vote casting and vote counting procedures.”

“For over a decade, Election Integrity Project®California has researched and documented every aspect of California’s election process and identified how these laws transformed an Election Day into a 60-day election season fraught with easy to manipulate procedures,” says Linda Paine, President of EIPCa. “We are now seeing California Style laws in states across the country creating the same problems that have been witnessed and documented by EIPCa-trained observers in California for years.”

About Election Integrity Project®California, Inc. (EIPCa) (www.eip-ca.com): Election Integrity Project®California, Inc. (“EIPCa”) is a California non-profit public benefit corporation committed to defending, through education, research, and advocacy the civil rights of U.S. citizens to fully participate in the election process under Federal and state law. About Advocates for Faith & Freedom (www.faith-freedom.com): Advocates for Faith & Freedom is a non-profit law firm dedicated to protecting constitutional and religious liberty in the courts. download pdf of article

EIPCa is a nonpartisan 501(c)(3) charity. Contributions are tax deductible.

Linda Paine, President and Co-founder,
Election Integrity Project®California