Governor DeSantis Appointed Julie Marcus Pinellas County Supervisor of Elections Exposed In Election Fraud RICO Operation

Pinellas County Staff Attorney For Julie Marcus Falsely Claims The Public Has No Clear Legal Right To View Public Records That Prove Massive Election Fraud.

In May 2020 Governor Ron DeSantis hand-picked Julie Marcus to fill the roll of Pinellas County Supervisor of Elections.

In response to the Emergency Petition For Writ of Mandamus, Julie Marcus filed a sworn affidavit with several exhibits. In her sworn affidavit she made numerous false claims regarding her mandatory, non-discretionary duties as well as the production of forged, altered, and uttered official election documents and public records.

According to this Florida BAR Journal Article:

As a general rule, a litigant is deemed to have perpetrated a fraud on the court when “it can be demonstrated, clearly and convincingly, that a party has “sentiently set in motion some unconscionable scheme calculated to interfere with the judicial system’s ability impartially to adjudicate a matter by improperly influencing the [trier of fact] or unfairly hampering the presentation of the opposing party’s claim or defense.” Cox, 706 So. 2d at 46 (quoting Aoude, 892 F. 2d at 1118). The “clear and convincing” standard is an intermediate standard of proof between a “preponderance of the evidence” and “beyond a reasonable doubt.” Smith v. Department of HRS, 522 So. 2d 956 (Fla. 1st DCA 1988). For evidence to be “clear and convincing” “[it] must be of such weight that it produces in the mind of the trier of a fact a firm belief or conviction, without hesitancy, as to the truth of the allegations sought to be established.” Slomowitz v. Walker, 429 So. 2d 797, 800 (Fla. 4th DCA 1983). See also Small Business Admin. v. Echevarria, 864 F. Supp. 1254 (S.D. Fla. 1994).

According to Rule 4-3.3(a)(4) of the Rules Regulating The Florida Bar strictly prohibits a lawyer from knowingly “[p]ermitting any witness, including a criminal defendant, to offer testimony or other evidence that the lawyer knows to be false.” Moreover, it is equally well established that a violation of Rule 4-3.3(a)(4) can result in disciplinary action by The Florida Bar. See Dodd v. The Florida Bar, 118 So. 2d 17, 19 (Fla. 1960) (“No breach of professional ethics, or of the law, is more harmful to the administration of justice or more hurtful to the public appraisal of the legal system than the knowledgeable use by an attorney of false testimony in the judicial process. When it is done it deserves the harshest penalty”). See also The Florida Bar v. Kleinfeld, 648 So. 2d 698, 701 (Fla. 1994) (“An officer of the court who knowingly and deliberately seeks to corrupt the legal process can logically expect to be excluded from that process”) (citing Dodd); The Florida Bar v. Agar, 394 So. 2d 405 (Fla. 1980) (holding that where a lawyer, actively or passively, arranges for a witness to testify falsely, the rule stated in Dodd should be adhered to and the lawyer should be disbarred).

During a case telephone conference meeting on May 16, 2023, Pinellas County Attorney Kelly Vicari, doubled down on the fraud and perjury of Marcus by making numerous factual misrepresentations of undisputable legal facts to the judge hearing the case.

In the “AFFIDAVIT OF JULIE MARCUS, SUPERVISOR OF ELECTIONS” referenced as Exhibit A by Defendant(s) – on page 3 of 5 in Section 11, Marcus states being duly sworn, under penalty of perjury that the EL45A, EL30A, and EL52 reports are not mandated by Florida Statute.  While Florida Statute does not specifically mention the reports by the names used by election system manufacturer ES&S the data contained in these reports are 100% mandated by Florida Statute 98.0981. See attached Exhibit A  - Page 1 of 10, Page 2 of 10 – FIGURE 1

Page 2 of Exhibit A shows what data is contained in the ES&S Reports that are central to this lawsuit.

How is it possible for someone so intimately familiar with Florida election administration, ES&S Election Systems programming, and Florida Election Law Statutes to make statements that conflict so clearly with reality?

According to FS 98.0981(2) - “All ballots cast” means ballots cast by voters who cast a ballot whether at a precinct location, by vote-by-mail ballot including overseas vote-by-mail ballots, during the early voting period, or by provisional ballot.

According to FS 98.0981(2)(b) - The department shall make such information available on a searchable, sortable, and downloadable database via its website that also includes the file layout and codes. The database shall be searchable and sortable by county, precinct, and candidate. The database shall be downloadable in a tab-delimited format. The database shall be available for download county-by-county and also as a statewide file. Such report SHALL also be made available upon request.

On page 3 of 5 in section 12 of her affidavit, Marcus again falsely states under penalty of perjury that the EL45A Official Results for November 2018, 2020, and 2022 General Elections were generated and electronically provided to Plaintiff, unredacted and in their maintained format at no cost.

FIGURE 4

2018 – REPORT -EL45A – FINAL OFFICIAL RESULTS

Clearly the 2018 – EL45A – FINAL OFFICIAL RESULTS does not contain all the data as required by Florida Statute 98.0981(2)(a) “All ballots cast” means ballots cast by voters who cast a ballot whether at a precinct location, by vote-by-mail ballot including overseas vote-by-mail ballots, during the early voting period, or by provisional ballot.

THE “BALLOTS CAST – BLANK” CATEGORY OF BALLOTS WAS PURPOSEFULLY OMITTED WHEN THE REPORT WAS GENERATED IN CLEAR VIOLATION OF FLORIDA STATUTE 98.0981(2)(a).  

Furthermore, the reports generated and provided were not in the .LST file format or tab-delimited text file as required under Florida Statute 98.0981 (2) (c) The files containing the precinct-level election results shall be created in accordance with the applicable file specification:

1. The precinct-level results file shall be created or converted into a tab-delimited text file.

2. The row immediately before the first data record shall contain the column names of the data elements that make up the data records. There shall be one header record followed by multiple data records.

FIGURE 5

2020 REPORT – EL45A – FINAL OFFICIAL RESULTS

Clearly the 2020 – EL45A – FINAL OFFICIAL RESULTS does not contain all the data as required by Florida Statute “All ballots cast” means ballots cast by voters who cast a ballot whether at a precinct location, by vote-by-mail ballot including overseas vote-by-mail ballots, during the early voting period, or by provisional ballot.

THE “BALLOTS CAST – BLANK” CATEGORY OF BALLOTS WAS PURPOSEFULLY OMITTED WHEN THE REPORT WAS GENERATED AND THE PROVISIONAL BALLOTS SECTION WAS ALSO REMOVED IN CLEAR VIOLATION OF FLORIDA STATUTE 98.0981(2)(a).  

Furthermore, the reports generated and provided were not in the .LST file format or tab-delimited text file as required under Florida Statute 98.0981 (2) (c) The files containing the precinct-level election results shall be created in accordance with the applicable file specification:

1. The precinct-level results file shall be created or converted into a tab-delimited text file.

2. The row immediately before the first data record shall contain the column names of the data elements that make up the data records. There shall be one header record followed by multiple data records.

FIGURE 6

2022 REPORT-EL45A – FINAL OFFICIAL RESULTS

Clearly the 2020 – EL45A – FINAL OFFICIAL RESULTS does not contain all the data as required by Florida Statute “All ballots cast” means ballots cast by voters who cast a ballot whether at a precinct location, by vote-by-mail ballot including overseas vote-by-mail ballots, during the early voting period, or by provisional ballot.

THE “BALLOTS CAST – BLANK” CATEGORY OF BALLOTS WAS PURPOSEFULLY OMITTED WHEN THE REPORT WAS GENERATED AND THE PROVISIONAL BALLOTS SECTION WAS ALSO REMOVED IN CLEAR VIOLATION OF FLORIDA STATUTE 98.0981(2)(a).  

Furthermore, the reports generated and provided were not in the .LST file format or tab-delimited text file as required under Florida Statute 98.0981 (2) (c) The files containing the precinct-level election results shall be created in accordance with the applicable file specification:

1. The precinct-level results file shall be created or converted into a tab-delimited text file.

2. The row immediately before the first data record shall contain the column names of the data elements that make up the data records. There shall be one header record followed by multiple data records.

The EL45A reports for 2018, 2020, and 2022 November General Elections were not provided by Defendant(s) to Plaintiff in their unredacted, maintained format as was duly sworn, under penalty of perjury by Julie Marcus in violation of their mandatory, non-discretionary duties.

The EL45A reports for the 2018, 2020, and 2022 November General Elections provided by Defendant(s) to Plaintiff did not meet the mandatory, non-discretionary requirements of their duties under Florida Statutes 98.0981.

The EL45A reports for the 2018, 2020, and 2022 November General Elections provided by Defendant(s) to Plaintiff were illegally altered to hide the mandatory, non-discretionary requirements of their duties and adherence to mandatory, non-discretionary data requirements under Florida Statutes 98.0981.   

Counsel for Plaintiff(s) claims that “there is absolutely no evidence that any redactions have been made to the documents provided to Plaintiff by the Defendant(s)”. The documents provided by the Defendant(s) provide prima facie evidence that not only were there redactions but that the Defendant(s) did not do their mandatory, non-discretionary duties.

Furthermore, the evidence provided by Defendant(s) shows beyond any doubt, with absolute certainty that Defendant(s) illegally altered, forged, and uttered false election documents.

The image below is a screenshot from the Precinct and Election Report Options section in the ES&S  ELECTION REPORTING MANAGER USER GUIDE.

FIGURE 7

The generation of any report using the ES&S - ELECTION REPORTING MANAGER that is not in the .LST file format or tab-delimited text file does not comply with the data requirements mandated in Florida Statute 98.0981. This is a mandatory, non-discretionary duty to be performed by the Supervisors of Elections.   

EL30A – Precinct Report – group detail

According to page 3 of 5 in section 13, Defendant, Julie Marcus admits that the data contained in the EL30A is maintained.

However, Defendant, Julie Marcus claims that it is not generated during the normal course of conducting elections. This statement is false.

The data contained in the EL30A is required under:

Florida Statute 98.0981 (2) PRECINCT-LEVEL ELECTION RESULTS.—

(a) Within 30 days after certification by the Elections Canvassing Commission of a presidential preference primary election, special election, primary election, or general election, the supervisors of elections SHALL collect and submit to the department precinct-level election results for the election in a uniform electronic format specified by paragraph (c).

This is a mandatory, non-discretionary duty, to be performed by the Supervisors of Elections. This report contains data for all precincts, for all races including “All ballots cast” means ballots cast by voters who cast a ballot whether at a precinct location, by vote-by-mail ballot including overseas vote-by-mail ballots, during the early voting period, or by provisional ballot.

Below is a screenshot of a EL30A Report that Defendant(s) claim that was not generated. The EL30A Report also does not contain “All Ballots Cast” data including “BALLOTS CAST- BLANK” and does not contain the required provisional ballot data. This screenshot was obtained directly from the Pinellas Supervisor of Elections website in the 2020 General Election section containing the “POST ELECTION AUDIT”.

FIGURE 8

In order to generate a report that does not contain “Ballots Cast – Blank” and “Provisional Ballot” the Defendant(s) would have to intentionally alter the mandatory, non-discretionary, and statutorily required data formats and reports.

Therefore, the statement made by Defendant(s) Marcus and counsel for the Pinellas County Supervisor of Elections office that the reports were not generated is patently false.

Furthermore, the information that Defendant(s) claim to be contained in the EL30A is false through the “OMISSION” of “PROVISIONAL BALLOTS”.

On page 3 of 5 in section 15. Defendant claims that the data contained in the EL52 REPORT is maintained, however, is not generated during the normal course of conducting elections. Counsel for Plaintiff claims that the EL30A Reports and EL52 Reports are not in existence.

If the EL30A Reports and EL52 Reports are not in existence, then the Defendant(s) have violated Florida Statute 98.0981, they have also failed to perform the mandatory, non-discretionary duties required by law.

The counsel for Defendant(s) also claims that there is a massive amount of work that must be done to generate these reports. This statement is also patently false.

As you can see from the email above the effort to produce the reports requested in the manner in which they are kept, stored, and transmitted takes under 15 minutes.

Defendant(s) use their false claim of “service fees” as an excuse to charge an unreasonable service charge, with the expressed intent to prevent the disclosure of the mandatory, non-discretionary production of public records in order to conceal the evidence of their neglect of duty, crimes, and corrupt practices.

When it became clear that the Pinellas County Supervisor of Elections Office would not fully produce “unaltered/unredacted reports in the manner in which they are generated”, I requested a report that is available within the ES&S System that is not capable of being altered, that shows every action taken on the system. This report is called the EL68A.

After weeks of delays, and multiple requests, the Pinellas County Supervisor of Elections Office sent a request for payment in the amount of over $35K for them to simply produce public records that they have a mandatory, non-discretionary duty to provide to the public.

Here are some notable cases that have addressed excessive fees for public records both in Florida state courts and federal courts:

Florida State Court Cases:

1. Board of Trustees of the Internal Improvement Trust Fund v. American Educational Institute, Inc., 474 So.2d 207 (Fla. 1985) - This case, held that government agencies cannot charge excessive fees that hinder or obstruct the public's right to access public records.

2. Waste Management of Florida, Inc. v. Pinellas County, 659 So.2d 1141 (Fla. 2d DCA 1995) - The court held that fees for public records must be reasonable and should not include charges for search and retrieval time.

Federal Court Cases:

1. National Council of La Raza v. Department of Justice, 411 F.3d 350 (D.C. Cir. 2005) - In this case, the court held that excessive fees for public records violate the Freedom of Information Act (FOIA) and can deter access to government information.

2. Chesapeake Bay Foundation, Inc. v. U.S. Department of Agriculture, 11 F. Supp. 3d 439 (D. Md. 2014) - The court ruled that charging excessive fees for public records requests can be a violation of the FOIA.

Do you think that the Pinellas County Supervisor of Elections Office can really be trusted?

Is this an isolated case in Florida? No, this is going on in multiple counties.

What can be done?

1. Demand an investigation into the illegal actions and election fraud by a local/statewide grand jury.

2. Subscribe to my substack and see what actions are taken next.

3. Send Florida Secretary of State Cord Byrd an email and ask him why he is covering up election fraud and election crimes in Florida. His email is cord.byrd@dos.myflorida.com or you can call his office at (850)245-6500 and express your displeasure that your right to vote has been taken away through election fraud and you have been disenfranchised by the illegal actions of your Supervisor of Elections Office.

4. Contact the Florida Office of Executive Investigations at (850) 410-8240 and demand an investigation into the Election Fraud and Election Crimes being committed at the Supervisors of Elections Offices. You can also use their contact form to submit your deep concerns here: http://www.fdle.state.fl.us/Contact-Us/Comment-Form