Jun 28

Update June 25th, 2010

Hello Friends,
 
You may find interest in the attached letter which I sent yesterday to Secretary of State Susan Bysiewicz regarding substantive defects to the Certificate of Endorsement which Linda McMahon presented to the Secretary of State on June 2nd.  Some of the observed defects are substantive including that the Certificate is of a form which was not officially promulgated by the legislative Regulation Review Committee as is requried of the Uniform Administrative Procedure Act, or that the Certificate was not "properly completed", a mandatory requirement of the non-promulgated form.  These are some of the legitimate bases for a citizen to legally deem the Certificate to be void.  In the terms of the defective Certificate, the Republican Party has not made an endorsement of any candidate for the position of the United States Senate.  In addition, pursuant to the Uniform Administrative Procedure Act, I seek of the Secretary of State a declaratory ruling to affirm these positions.
 
In the event that there is not proper recognition of the substantive issues which I raise, there would be options of a Court challenge, likely in federal court where I, this campaign and the general public can seek a mandamus (i.e., an order of emergency temporary injunction based on the probability of success on the merits) and civil damages (i.e., in the context of all six issues of defects of the Certificate form and related matters).  The consideration of whether the matters which I have raised, if not existant, would have made any substantial difference on the outcome of the campaign, convention and related processes to date, would be an issue for the ultimate trier of fact, that is, a competent jury.
 
There are those occasions where a proper, lawful challenge is a suited means to effect desired change.
 
I welcome your review and comments!
 
Regards,
Ethan Book
Tel. (203) 943-0045
 
Constitutional integrity and individual freedom!

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