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View Diary: The People of Florida move to Impeach Rick Scott (229 comments)

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  •  Real World Complaint? (2+ / 0-)
    Recommended by:
    Vetwife, bjedward

    If this is not? I do agree that D/Rs should not be mentioned.

    Florida Election Fraud- Headed by Florida Division of Elections (I imagine they are the same ppl that are behind the Fraud)- if so you would be best off (if Fl is like other states Admin Law)- "exhausting your administrative remedies" ie appeal it as high as you can in Administration . . . then go to Federal Court if no Remedy?

    If you just brought a Federal suit if I were them I'd say you have a grievance remedy you haven't used, I'd think (I don't know Fl law- response though would be "there is no point because it goes through the ppl we are complaining about".

    But probably best off avoiding by pressing actual written out rights, First.

    Election Fraud Complaint Form in Fl:

    http://election.dos.state.fl.us/...

    Election Fraud Offenses:

    http://www.leg.state.fl.us/...

    Florida Hotline:
    Toll Free 1-877-868-3737, M-F 8:00a.m. - 5:00p.m. EST

    Elections fraud can rob many Americans of their voice in government and greatly impact the results of elections across the nation. We rely in part on the active participation of citizens, like you to help us eliminate elections fraud. Elections fraud means any irregularities or fraud arising out or in connection with voter registration or voting, or candidate petition or issue petition activities that may constitute a prescribed offense Chapter 104, Florida Statutes(opens in a new window). "Elections fraud" does not include violations of Chapter 106, F.S. "A person who commits or attempts to commit any fraud in connection with voting, votes a fraudulent ballot, or votes more than once in an election can be convicted of a felony of the third degree and fined up to $5,000 and/or imprisoned for up to 5 years."
    http://election.dos.state.fl.us/...

    . . . have a minute, will look a bit more

    •  ACLU would prob be a Legit place to talk too (2+ / 0-)
      Recommended by:
      Vetwife, bjedward

      Believe they have a "Voting Rights" area. My guess they already are looking at.

      Dozens of case descriptions like this on this page http://www.aclu.org/...

      MICHIGAN - Lawsuit challenging two statewide voter purge programs that could potentially disfranchise hundreds of thousands of Michigan voters in advance of the November election. In October, a federal judge found both programs illegal.
      •  ACLU History: Guaranteeing the Right to Vote (1+ / 0-)
        Recommended by:
        bjedward
        '[T]he vote is the most powerful instrument ever devised by man for breaking down injustice and destroying the terrible walls which imprison men because they are different from other men.'
        -- President Lyndon B. Johnson, at the signing of the Voting Rights Act of 1965

        The right to vote is essential to our democracy. To deny any eligible voter that opportunity is to undermine the fundamental freedoms that define who we are as a nation. Through its Voting Rights Project, the ACLU has continually challenged laws and requirements that diminish free speech and our democratic process.

        http://www.aclu.org/...

        http://www.aclu.org/...

        Voter Suppression: Voting rights are under attack in this country as state legislatures nationwide pass voter suppression laws under the pretext of preventing voter fraud and safeguarding election integrity. These voter suppression laws take many forms, and collectively lead to significant burdens for eligible voters trying to exercise their most fundamental constitutional right.
    •  Impeachment as a State Action in Fl (ART III) (3+ / 0-)
      Recommended by:
      FG, Vetwife, bjedward

      Then when no one listens, you go the next step:http://constitutions.vlex.com/...

       

      (a) The governor, lieutenant governor, members of the cabinet, justices of the supreme court, judges of district courts of appeal, judges of circuit courts, and judges of county courts shall be liable to impeachment for misdemeanor in office. The house of representatives by two-thirds vote shall have the power to impeach an officer. The speaker of the house of representatives shall have power at any time to appoint a committee to investigate charges against any officer subject to impeachment.

        (b) An officer impeached by the house of representatives shall be disqualified from performing any official duties until acquitted by the senate, and, unless impeached, the governor may by appointment fill the office until completion of the trial.

        (c) All impeachments by the house of representatives shall be tried by the senate. The chief justice of the supreme court, or another justice designated by the chief justice, shall preside at the trial, except in a trial of the chief justice, in which case the governor shall preside. The senate shall determine the time for the trial of any impeachment and may sit for the trial whether the house of representatives be in session or not. The time fixed for trial shall not be more than six months after the impeachment. During an impeachment trial senators shall be upon their oath or affirmation. No officer shall be convicted without the concurrence of two-thirds of the members of the senate present. Judgment of conviction in cases of impeachment shall remove the offender from office and, in the discretion of the senate, may include disqualification to hold any office of honor, trust or profit. Conviction or acquittal shall not affect the civil or criminal responsibility of the officer.

          History.--Am. S.J.R. 459, 1987; adopted 1988; Am. proposed by Constitution Revision Commission, Revision No. 13, 1998, filed with the Secretary of State May 5, 1998; adopted 1998.

    •  Franlkin in favor of impeachment (2+ / 0-)
      Recommended by:
      Vetwife, bjedward

      to those against the idea (whether for political expediency) Franklin wanted expressly:

      At the Philadelphia Convention, Benjamin Franklin noted that, historically, the removal of “obnoxious” chief executives had been accomplished by assassination. Franklin suggested that a proceduralized mechanism for removal — impeachment — would be preferable.
    •  Federal Congress Not Proper PPL (2+ / 0-)
      Recommended by:
      Vetwife, bjedward

      The Gov of FL is not under the impeachment jurisdiction granted to the House to bring and Senate to try as not a Federal Public Official.

      See below as to FL's way.

    •  Impeachment of Governors (History) (2+ / 0-)
      Recommended by:
      Vetwife, bjedward

      A total of at least eleven U.S. state governors have faced an impeachment trial; a twelfth, Governor Lee Cruce of Oklahoma, escaped impeachment conviction by a single vote in 1912. Several others, most recently Connecticut's John G. Rowland, have resigned rather than face impeachment, when events seemed to make it inevitable. The most recent impeachment of a governor occurred on January 14, 2009, when the Illinois House of Representatives voted 117-1 to impeach Rod Blagojevich on corruption charges; he was subsequently removed from office and barred from holding future office by the Illinois Senate on January 29. He was the eighth state governor in American history to be removed from office.

    •  Ex of Impeachment Papers (2+ / 0-)
      Recommended by:
      Vetwife, bjedward

      I hate legalese. Hate it. But sometimes you need some to look the role.

      Lawyers always use other people's work in drafting. If YOU or WHOMEVER really wants to, looks to me like you have to find a sympathetic Congressman AT THE STATE LEVEL. Probably a D. It would probably gain the kind of Political Capital ppl are talking about when blocked by the Rs. Would make their job easier to have a petition. But I'd suggest cutting and pasting from former impeachment papers, etc. Here is Rod Blogoyavich if you want anyone else's let me know. I posted laws. Not saying he broke, don't know if there's more, not a FL lawyer, but I'm sure average citizen can stylistically write similarly (esp like last paragraph specifying what he did:

      Example of me Cutting and Pasting from Blogoyavich in moments:

      WHEREAS, The speaker of the house of representatives shall have power at any time to appoint a committee to investigate charges against any officer subject to impeachment.

      WHEREAS The governor, lieutenant governor, members of the cabinet, justices of the supreme court, judges of district courts of appeal, judges of circuit courts, and judges of county courts shall be liable to impeachment for misdemeanor in office. The house of representatives by two-thirds vote shall have the power to impeach an officer.

      WHEREAS  All impeachments by the house of representatives shall be tried by the senate. The chief justice of the supreme court, or another justice designated by the chief justice, shall preside at the trial,

      WHEREAS  The senate shall determine the time for the trial of any impeachment and may sit for the trial whether the house of representatives be in session or not. The time fixed for trial shall not be more than six months after the impeachment. During an impeachment trial senators shall be upon their oath or affirmation. No officer shall be convicted without the concurrence of two-thirds of the members of the senate present. Judgment of conviction in cases of impeachment shall remove the offender from office and, in the discretion of the senate, may include disqualification to hold any office of honor, trust or profit. Conviction or acquittal shall not affect the civil or criminal responsibility of the officer. (CUT SOME)

      NOW THEREFORE, We, the CITIZENS OF THE STATE OF FLORIDA demand, redress of our grievances through the Constitution of this great state, that Impeachment proceedings under Article III of the State Constitution be brought against Governor Richard _ Scott.

      WHEREAS: Under the totality of the known evidence, some or all of these acts of the Governor constitute a pattern of abuse of power, and disenfranchisement and voter fraud of the very people who placed him in power.

      Wherefore, this abuse of power by Rick Scott
      warrants his impeachment and trial, removal from office as Governor, and disqualification to hold any public office of this State in the future.

      Wherefore, Rick Scott has abused the power of his office in some or all of the following ways:
      1) The Governor's led a purge of _
      _ (number of voters) in violation of __ (federal law) for which suit was brought in __ (case). And this pattern of suppression has continued and remained from the governor as the lead executive.
      2.) The Governor has violated the national voting rights act by ___ and is accused  in (are there individual suits? name all long list)
      3.) Reports indicate that this illegal purge continued into the 2012 election- there have now surfaced irrefutable proof that military personnel and individuals were purged, incorrectly, without notification and given no redress (cite woman and others who had name purged due to signature, any other cases)
      4.) The governor's attempts had a disparate impact on urban, and minority communities in violation of the United States Constitution, the 9th Amendment thereto, the 14th Amendment thereto, the 15th Amendment thereto, and the nineteenth Amendment thereto.
      5.) The Governor signing into law a restriction on early voting despite this State's history of enthusiastic elections, to such an extent that voting, as a fundamental right was deprived of (if know ppl that waited hours and hours, suits, etc.) in violation of _
      ___ (state laws right to vote).
      6.) That the governor refused to extend Early Voting Hours, despite his constitutional duties under Article IV of the State of Florida's Constitution.
      7.) That the Governor has continually passed illegal laws struck down by the Federal Judicial Court as an unconstitional infringement on the right to free speech and the right to vote protected by the State and Federal Constitutions.
      8.) That the Governor has been sued repeatedly for his acts by those seeking to protect the citizenry, including in The League of Women's Voters v. Browning, in the Northern District of Florida CaseCASE NO. 4:11cv628-RH/WCS  __, cases involving the fundamental right to vote, and violations of the National Voting Rights Act through unnecessary and changes that disparately impact the electorate.
      9.) For violations under the National Voting Rights Act, including repeated attempts to prevent rights granted under federal law, under which: an organization has a federal right to conduct a voter-registration drive, collect voter-registration applications, and mail in the  pplications to a state voter-registration office. The Eleventh Circuit so held in Charles H. Wesley Education Foundation, Inc. v. Cox, 408 F.3d 1349 (11th Cir. 2005). As found in Browing the Governor's laws such as § 97.0575 and Rule 1S-2.042 severely restrict an
      organization’s ability to do this, and violate federal law.
      10.) The Governor's stated disregard of a voter-registration organization’s interest in, as stated in Browning,  "mailing in completed voter-registration applications rather than hand delivering them. The statute makes no provision for mailing at all. If the statute means what it says—that an application must be received in the voter-registration office within
      48 hours after the applicant signs it—a prudent voter-registration organization can never mail in an application.Fla. Stat. § 97.0575(3)(a) (2011)"
      11.) The Governor, with knowledge aforethought as to the voting rights of the citizenry cut early voting. The Governor knowingly did eliminate early voting on the Sunday before the election, a heavy voting day for minorities. In 2008, 33.2% of Floridians who voted on that Sunday were black, while 23.6% were Hispanic, these actions clearly show that the Governor sought to use suppression tactics on the Democratic voters of the State of Florida. This violation's disparate impact such was a constitutional violation of _
      _, and as a De Minimus request that should have been met as per the Supreme Court(?) in  Palm Beach County Canvassing Board v. Harris.
      12.) Allocation of voting machines created a disparate impact in violation of constitutional rights __ (if caseslaw, laws about allocating).

      13.) Other stuff  . . .  I'm sure he's done more crazy stuff.

      Just how I'd probably write something like that if had to. From scratch in not too long just look at prior examples. Good luck. . . .

      We respectfully request (special commission and law).

      Sorry cut short, got LONG and have to work . . .

      What I simply looked at and worked from:

      RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE
      NINETY-SIXTH GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that Rod R. Blagojevich, Governor of the State of Illinois, is impeached for cause and that the following article of impeachment be exhibited to the Senate for trial as provided in the Illinois Constitution so that the Senate may do justice
      according to law:
      ARTICLE OF IMPEACHMENT EXHIBITED BY THE HOUSE OF
      REPRESENTATIVES IN THE NAME OF ITSELF AND THE PEOPLE OF THE STATE OF ILLINOIS AGAINST ROD R. BLAGOJEVICH, GOVERNOR OF THE STATE OF ILLINOIS, IN MAINTENANCE OF THE IMPEACHMENT OF HIM FOR
      CAUSE.
      ARTICLE ONE
      Based on the totality of the evidence contained in the
      Record of the House Special Investigative Committee createdunder House Resolution 1650 (the "Committee Record") and assummarized in the Final Report of the Special InvestigativeCommittee filed with the House of Representatives on January 8, 2009 (the "Final Report"), in his conduct while Governor of the
      State of Illinois, Rod R. Blagojevich, has abused the power of his office in some or all of the following ways:
      1) The Governor's plot to obtain a personal benefit in
      exchange for his appointment to fill the vacant seat in the United States Senate, as more fully detailed in the Final Report at Section IV-A and in the Committee Record as a whole.
      2) The Governor's plot to condition the awarding of State
      financial assistance to the Tribune Company on the firing of members of the Chicago Tribune editorial board, as more fully detailed in the Final Report at Section IV-B and in theCommittee Record as a whole.
      3) The Governor's plot to trade official acts in exchange
      for campaign contributions, namely the signing of legislation related to the diversion of casino gambling revenues to the horse racing industry, as more fully detailed in the Final Report at Section IV-C-1 and in the Committee Record as a whole.
      4) The Governor's plot to trade official acts in exchange
      for campaign contributions, namely the awarding of a State tollway contract and the expansion of a tollway project, as more fully detailed in the Final Report at
      in the Committee Record as a whole.
      5) The Governor's plot to trade official acts in exchange
      for campaign contributions, namely the release of pediatric care reimbursements to Illinois doctors and hospitals, as more fully detailed in the Final Report at Section IV-C-3 and in the
      Committee Record as a whole.
      6) The Governor's plot to trade official acts in exchange
      for campaign contributions, namely the appointment to a
      position with the Illinois Finance Authority, as more fully
      detailed in the Final Report at Section IV-C-4 and in the
      Committee Record as a whole.
      7) The Governor's plot to trade official acts in exchange
      for campaign contributions, namely the awarding of State contracts, as more fully detailed in the Final Report at Section IV-C-5 and in the Committee Record as a whole.
      8) The Governor's plot to trade official acts in exchange
      for campaign contributions, namely the awarding of State permits and authorizations, as more fully detailed in the Final Report at Section IV-C-6 and in the Committee Record as a whole.
      9) The Governor's refusal to recognize the authority of the Joint Committee on Administrative Rules to suspend or prohibit rules, his utter disregard of the doctrine of separation of powers, and his violation of the Illinois Administrative Procedure Act by unilaterally expanding a State program, as more fully detailed in the Final Report at Section IV-D and in the Committee Record as a whole.
      10) The Governor's actions with regard to, and
      responsibility for, the procurement of flu vaccines, as more fully detailed in the Final Report at Section IV-E and in the Committee Record as a whole.
      11) The Governor's actions with regard to, and
      responsibility for, the I-SaveRx Program, as more fully
      detailed in the Final Report at Section IV-F and in the
      Committee Record as a whole.
      12) The Governor's actions with regard to, and
      responsibility for, the Agency Efficiency Initiatives, as more
      fully detailed in the Final Report at Section IV-G and in the
      Committee Record as a whole.
      13) The Governor's violation of State and federal law
      regarding the hiring and firing of State employees, as more fully detailed in the Final Report at Section IV-J and in theCommittee Record as a whole.

      Under the totality of the evidence, some or all of these
      acts of the Governor constitute a pattern of abuse of power.
      Wherefore, this abuse of power by Rod R. Blagojevich
      warrants his impeachment and trial, removal from office as
      Governor, and disqualification to hold any public office of
      this State in the future.

      •  Thank you ClevelandAttorney and that (2+ / 0-)
        Recommended by:
        ClevelandAttorney, bjedward

        is why I posted that on here.  EXACTLY why.
        The fellow who started it I do not know.  DaNang sent the petition to me for which I am grateful.  I wanted it
        to be posted here for folks to mull over and see what could be done.  39 people with a communicable disease were housed in a motel without Scott telling the public.
        The CDC found out about it.  How is all of that not abuse of power and not an impeachable offense.  Hats off to those who can tweak this thing and help us out down here.  Hats off to Mr. Small although I do not know him.

        We the People have to make a difference and the Change.....Just do it ! Be part of helping us build a veteran community online. United Veterans of America

        by Vetwife on Wed Nov 14, 2012 at 09:13:44 AM PST

        [ Parent ]

        •  NP- I am justing guessing (2+ / 0-)
          Recommended by:
          Vetwife, bjedward

          I have to do all kinds of law where I am that I don't know.

          I am not saying use what I wrote. . .  but if the ultimate goal is to Impeach him. . . .

          If someone came to me here and said "learn OH election law to impeach _" that's kinda what I'd do. Did it a lot quicker. Not an expert, far from. I did take election law, if had more time would find more Federal cases, but it seems to me (can't give advice in FL, your guess as good as mine) you'd need a state rep to try to form a special committee.

          If I were asked to do a petition, that's the kinda form, change as much as wanted, I would. It looks already like impeachment papers. I just took from Blog's impeachment here
          http://www.ilga.gov/...

          so other scandals, grievances. I'd include.

          And I 100% agree. I don't lke when anyone is shouted down. It's politically expedient for FL to have to suffer this? So ppl hate the R's so much NEXT election it'll help? Well we should've just let Romney win so we'd win forever?

          So I guess saying. That I'd leave out partisanship. Use "Disparate impact" as it implicates the EP clause (equal protection esp as good claim as to minorities). Don't know about cases about access.

          Doesn't just have to be about Election. See Rod's he did all kinds of stuff.

          I'd think it easier to look official like that (again if it were me in Ohio), and make short and charged words. Feel free to change or use what I wrote (but can't be legal advice, not, I am layperson in FL law : ) ). But I am guessing you have something like that. That stresses it's ALL the People of FL, flaunting these laws, other scandal, someone will run with.

          I would though talk to the ACLU. If you can (I imagine they have a plentitude of ppl calling now). They prob can't do any impeachment (they don't take sides exactly) but in specific instances they probably know federal election law. Which ironically is small.

          Why really a topic and what Obama should run with is a
          CONSTITUTIONAL AMENDMENT FOR RIGHT TO VOTE (short with no unreasonable access, etc.)

          If you're against, how? Would be good strategery now, while fresh.

        •  If he did other shady stuff, corrupt (2+ / 0-)
          Recommended by:
          Vetwife, bjedward

          I'd include, as it would be in impeachment. Basically what I wrote looks like impeachment papers making someone's job easier if done like that.

          If you know of other corrupt things, PM me and I'll add to that if you'd like. Can't till after work, but am glad to help. As something sounding legal, is to me better PR. And saves committee some work.

          I'd find the most liberal D there is in the state Senate and House and talk to them (coordinate, they don't even need petition).

          If I wrote to Senate or had others, it would be to pass a Constitutional Amendment re voting, as it is now, some rights but everything State Level. Ex in 2000 Oh defined a vote differently than FL- Bush won FL.

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