We didn’t lose; the people lost. Case dismissed…for now. By: The Spearfish Speakeasy

If you have been following along, then you know that the people in Lawrence County submitted a petition to our county commissioners to bring it to a vote of the people to decide if they wish to hand count our ballots or allow the machines to continue to count the ballots. It had been quite a saga, and you can read about it via this substack, but more importantly, you can get the ENTIRE picture of what we are dealing with by reading through the articles presented by South Dakota Canvassing Group.

SD Canvassing Group Substack | SOUTH DAKOTA CANVASSING GROUP | Substack

We were recently informed by the court that our case was dismissed. I was asked by Sara Morgan a reporter with our local Black Hills Pioneer to answer some questions. I don’t know Sara and have never seen her reporting but, in the past, I have not had great experiences with reporters asking questions and reporting fairly and accurately on this overall situation. I am publishing my answers to her questions here…in full.

Here are those questions and responses:

Is it true that your first appeal was dismissed because it wasn’t timely nor was it served properly?

Our appeal was dismissed due to procedural issues. You can review the details of that case fully via our submitted brief, responses and the transcript. It is case 40CIV24-00014.

What made you decide to not be represented by an attorney in this lawsuit?

We had an attorney lined up for our appeal and paid the $35K retainer fee. Fourteen days into the appeal period, that lawyer decided to withdraw from the case because he “didn’t want to teach himself election law.” That email and letter from him are available in the court documents. Throughout this process we inquired with approximately 45 lawyers who would not take our case mostly due to their internal time constraints/availability or limited knowledge on election law. Our second lawyer that was lined up backed out the day before I was supposed to pay him his retainer fee. Ms. Frankenstein, the County Commissioner’s lawyer, interfered in that relationship, and while it may not have been his ultimate deciding factor to back out, it did happen, and I elaborate on those details in the court proceedings which are available in the writ case 40CIV24-000221.

Do you plan to pursue mandated hand counting in Lawrence County?

Sadly, the merits of our case were never decided. HAVA does not restrict and allows for a paper ballot hand counted system. Our SD state law allows commissioners to choose which election system they want to use in their county. Our nation’s elections are being stolen. Machines are just one way that is happening. I’m very proud of what a small team of people did here in Lawrence County to try and lead the way in returning our elections to the people. The truth always rises to the occasion, and for this particular case, I’m handing it to God now. I trust that He will let us know if we need to pursue anything further in the future. Many citizens across the state had their constitutional rights infringed upon with the rejection of citizen petitions and a class action lawsuit can never be ruled out.

Do you have data to confirm a reason to prohibit tabulators in Lawrence County? Would you be willing to share that data with the Pioneer?

I think the question you should be asking is, is our government who are to be servants of the people able to prove that our elections are safe, secure, 100% transparent and legitimate. I highly encourage people to go and read through the 100+ substack articles written by South Dakota Canvassing Group and then decide for yourself if the government is being accountable to you by proving our elections are safe, secure, transparent and legitimate. Here is a graph of electronic vote returns from the 2024 House Race in District 31. Read the articles, review the graph, and then decide if this electronic reporting looks legitimate. Then decide if you are happy about giving 3rd party companies where there is no accountability to the people or ability for citizens to provide oversight, $350K over the past 10 years to circumvent our elections. This problem is much bigger than just Lawrence County and our state. Elections are being stolen nationwide. Consider how much that affects you. I am a retired Air Force Veteran, and I know via first-hand experience what stolen elections are doing to this country and subsequently the world. I also have a son who is a U.S. Marine. I refuse to sit back and watch my country abuse him like they abused me and my brothers and sisters in arms over my 20 years of service.

The order has made clear that case law allows South Dakota County Commissioners to deny a petition if the ordinance will conflict with state and/or federal law, citing Preserve French Creek V. Custer County. Do you agree with this decision? Please elaborate.

The order does not indicate that. The order states that the case was dismissed based on the doctrine of res judicata, which is part of the argument in Ms. Frankenstein’s brief, and because mandamus relief is not applicable to the dispute at hand. The merits of the details of the case were not decided. I encourage everyone to go and read all of the court documents including the transcript for case 40CIV24-000221.

Were you aware that an appeal and a writ of mandamus are mutually exclusive?

Many of the lawyers we talked to were uncertain what to file in this case, an appeal or a writ. We were stuck in the appeal process and were advised to file the writ following the dismissal of the appeal. When you find that even lawyers are uncertain of the law or the best direction to move in, it’s probably time to revise the language and simplify the process related to those court actions/laws.

The writ of mandamus was dismissed with prejudice. Do you have plans for further litigation in the future? Please elaborate.

Again, as stated previously, we are pausing on this case and holding on further action, unless circumstances arise, and we are led to re-engage.

So, what next?

Well, I have always believed that we are on the right side of history with this. Let’s see what the Trump Administration does at the federal level this year and then let’s also see who in the South Dakota Legislature has the guts to make the changes we need.

This is the history of the federal takeover of our elections…this topic is a red pill you can’t escape from. Our government is no longer accountable to YOU!

Via https://x.com/SDCanvass

This timeline lays out the creation of the centralized, federalized, internet connected national election infrastructure from 2000 to present. A special thanks to Dr. Bernardin for sharing his research. The development of the e-poll books and centralized voter roll and election night reporting systems, connected to the national critical infrastructure, hosted in the cloud, surveilled by the feds, is a picture of the soft coup of a sovereign nation through election subversion at the highest levels.

It’s a miracle Trump is here. A miracle happened when a bullet missed it’s intended target and it’s a miracle he was able to win in a “too big to rig” election. Let’s see what happens…