Are our elections being conducted in accordance with our state constitution?
In this interview I gave to Amber Parker, she and I raise some questions about whether or not our elections in Nebraska are free. The terms of the contract that the State of Nebraska has with ES&S very much seems to hinder and impede a free election from taking place.
The Nebraska State Constitution
The section of the contract (pictured below and titled Governing Law) between ES&S and the State of Nebraska reads:
(1) the State of Nebraska is a sovereign state and its authority to contract is therefore subject to limitation by the State's Constitution, statutes, common law, and regulation;
and
(4) the person signing this Participating Addendum on behalf of the State does not have the authority to waive the State's sovereign immunity, statutes, common law, or regulations;
Would any sane Nebraska voter EVER agree to enter into such a contract as the one which was awarded to ES&S by the State of Nebraska? This is just crazy. This is what the State agreed to with regard to security testing results:
(2) not share or disseminate into the public realm the Testing Results or any other related information and (3} not directly or indirectly publicize in any media or public forum whatsoever any information or materials or any opinions, conclusions, or comments concerning the Testing Results.
The contract can be viewed in its entirety here:
https://statecontracts.nebraska.gov/Search/ViewDocument?D=7XEyLqmfbfEfFzaF9z49Gw%3D%3D
Here is the letter that I have sent to my senator (Slama) as well as to other senators in the Unicameral:
Senator Slama,
I believe that the terms of the contract between the State of Nebraska and ES&S violate Article 1-22 of the Nebraska State Constitution and deny Nebraskans of our constitutionally protected right to exercise the elective franchise without hindrance or impediment.
The terms agreed to by the State of Nebraska--which are that the State will NOT disclose to the public or the media the results of security testing of ES&S services--prevent the voters from ever knowing if any corruption (deliberate or otherwise) of our voting system has taken place, and it results in there being an impediment to our right to a free election. The complete lack of transparency required by those who maintain our voting system (ES&S) prevents us from having any guarantee that a person’s vote has been counted as it was cast. And per the terms of this contract, even if the State learns of problems regarding the security testing, the State has agreed to withhold that information from the public and the media. The contract does not even permit the State to comment or share an opinion with the public about the results of any security testing. This goes beyond protecting proprietary rights or personal information, and it impedes Nebraskans’ right to a free election.
Would Nebraska voters ever have agreed to the terms of the contract the State of Nebraska made with ES&S on their behalf? I don't believe so.
I am calling on you to ask Attorney General Peterson to address these concerns BEFORE the primary election in May. We should not proceed into a primary election when the terms of the contract with those who maintain our voting system appears to deny us our constitutional right to a free election. Please ask the AG to render an opinion to address whether or not the ES&S contract is in violation of Article 1-22 of our Nebraska State Constitution. A voter's right to a free election extends past the point at which a ballot is marked--it extends all the way up to the point at which we may be assured whether or not our vote was counted as it was cast. The terms of the contract with ES&S do not allow for the transparency necessary to provide us with the guarantee of a free election.
It is not a question of voter fraud that I am asking you to address. The issue is one to do with whether or not our elections are being conducted under circumstances which are in accordance with our state constitution or not. Please give this matter your prompt attention.
Here is the link to the contract referenced. You will find the confidentiality requirements under the section on "Security Requirements."
https://statecontracts.nebraska.gov/Search/ViewDocument?D=7XEyLqmfbfEfFzaF9z49Gw%3D%3D
Respectfully,
Jennifer Hicks
Please contact your senator as well!
In the video below, I talk about the ways that the federal government ALREADY has control over our elections in Nebraska.