Discussion: Calif. County Tries To Toss Federal Suit Alleging Intimidation Of Hmong Voters

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Let the Sheriff prove his case in court.

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Yet another yahoo using the flag as a prop while he violates the Constitution.

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Welcome to the state of Jefferson.

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Isn’t a motion to dismiss at this point a claim that even if the facts are all as alleged by the plaintiff, there’s still no case? That’s gotta be a stretch.

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Beat me to it! My words (to be) exactly.

As a resident of a rural Northern California county, the State of Jefferson campaign is quite prevalent and tiresome. When approached to sign a petition for getting this prepper, wingnut fantasy on the ballot, I let my opinions fly. Why would we allow a small population of know-nothing, rural numbskulls be represented by 2 additional US Senators when this demographic is highly over-represented in the Senate already? I told him that we’ll consider it if the same number of Senators is given to the rest of California which is terribly under-represented in the Senate right now. That is, if there are 400K residents in the State of Jefferson, we require that to be divided into the urban population. The result would be something like 20 new urban Senators to their 2.

Till then, the State of Jefferson can FOAD.

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Siskiyou County legal representative Jim Underwood asserted that there is no evidence of voter intimidation because nine of the plaintiffs in the federal suit are registered to vote and seven of them voted in the primary.

Somebody needs to investigate how Underwood got the job of or contract for providing legal representation to the county.

Per Federal law, which would apply to any California election with Federal offices on the ballot, the crime of intimidation is not defined by the behavior of the voter.

Whoever intimidates, threatens, coerces, or attempts to intimidate, threaten, or coerce, any other person for the purpose of interfering with the right of such other person to vote or to vote as he may choose, or of causing such other person to vote for, or not to vote for, any candidate for the office of President, Vice President, Presidential elector, Member of the Senate, Member of the House of Representatives, Delegate from the District of Columbia, or Resident Commissioner, at any election held solely or in part for the purpose of electing such candidate, shall be fined under this title or imprisoned not more than one year, or both.

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Voter fraud. How do you investigate it that way? It’s a crime pretty much like shoplifting. If you’re not doing it at the time you’re accosted there’s nothing to go after. If these are the only folks he was going after it’s a pretty clear case of pushing the most politically motivated allegation out there, voter fraud, on a group of folks you could reasonably be seen to think might not vote the way you like.

How much pot did they net?

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Wanna bet the Sheriff is an Oath Keeper

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I read somewhere he is, or is at least a member of some “Constitutional Sheriffs” crackpot group.p

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A June 13, 2016 article in the Southern Poverty Law Center Intelligence Report said Lopey was a former board of directors member of the Constitutional Sheriffs and Peace Officers Association. Lopey renounced his membership with CSPOA over what he said were the organization’s increasingly “extreme positions” on the Constitution and federal government.

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Is that the same as those Constitutional Sheriffs? I get those two messed up group of idiots mixed up.

I live in that neck of the woods! State of Jefferson yahoos all over the place. The intellect of pond scum. I have talked to a few. None of them can explain how they plan on administrating a state, or county that is not contiguous. Had to explain contiguous to a couple of them. Morans, every one of them.

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If it walks and quacks like a duck then it is a duck.

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I live in Siskiyou County. The Hmong have lived here peacefully and privately for decades. The reason Sheriff Lopey, as well as the DA and the County Clerk chose to do this now is because there was a pot growing measure on the ballot that restricted the ability to grow medical marijuana. Many Hmong grow pot, so it was in their best interest to be able to vote in this election. (the ballot measure won by a small margin) The County Clerk said there were over 1,000 new voter registration forms submitted. There are about 40,000 residents in the county, maybe a quarter of those are registered voters. So I can see how they were concerned about fraudulent registration forms. However, voter fraud takes place when someone votes illegally, not when they register to vote. I was a poll worker for that election in another community. There were many newly registered voters who did not appear on the voter register and were forced to fill out a provisional ballot. In my community they were mostly young white kids who were also interested in voting on the pot measure. There is no way to tell how many of the provisional ballots were counted. Having the Sheriff et al go around and intimidate the Hmong to not vote is reprehensible.
I doubt that it will cost Lopey his job however.

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Yes, it’s hard to see, based on the reporting, how there’s no fact issue that would preclude granting the motion to dismiss. To put that more clearly and without getting too much into the legal weeds, assuming this is an FRCP Rule 12(b)(6) motion to dismiss for failure to state a claim or a 12© motion for judgment on the pleadings, then yes, the motion should be granted only if, assuming the facts alleged are all true, the plaintiffs fail to state a recognizable claim upon which relief can be granted.

What he said.

Thank you!, It’s aggravated voter intimidation!

Probably violates the Republican 1982 Consent Decree which was about to expire but which may be extended owing to egregious cases like this one!

This the toxic group led by avid Bundy supporter and thus-far-unindicted co-conspirator Richard Mack.

The word “sheriff” is not anywhere in the Constitution so the SovCit notion is utterly ridiculous. By “Constitutional” sheriff they mean some ruralist anarchist buffoon whom the odious seditionist Richard Mack (and such public enemies) can push around.

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Whoever pulled an assault rifle under color of law need to lose more than a mere job or badge. Voter intimidation involving imminent threat of homicide!

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