The Lawsuit Concerning WBAI, Simplified
Our lawsuit seeks to force Pacifica to abide by the bylaws and create an even playing field.It says that the election ended on Nov. 15, a date carved in marble in the bylaws (and for so long we'd taken it for granite, :-). All votes received through Nov. 15 were to be impounded and eventually counted. (These WERE indeed impounded, but 3 days later. The Judge may or may not find this to be significant.)
In addition, we will not be contesting that all legitimate votes walked into the station on Nov. 16 are to be counted.
We also are requesting an Order that no one who was not a member by Aug. 31 be allowed to cast a vote, as stipulated in the bylaws.
AND that all entitled voters who did not receive a ballot AND who notified the officials about this by Nov. 15 must be sent a ballot and be allowed to vote.
Around 25 percent of the staff reported to us that they did not receive ballots before the November 15 deadline. What this means is that if you did not receive a ballot you must have contacted Pacifica or WBAI on or before November 15 (the closing date) about this, or you would have forfeited your opportunity to vote. The JUC's Fred Nguyen reports that he received 2 ballots and voted twice. "So sue me," he wrote.
It's straightforward and simple, and Nguyen's attitude is typical of the cheaters in JUC trying to steal the election.
The JUC and Dan Siegel and Casey Peters are trying to extend the election because they drummed up additional votes at JUC-dominated events in the subsequent weeks, after the balloting was supposed to have been officially closed. In addition, the station played carts made by the Elections Supervisors illegally denouncing ACE (and, by extension, its endorsed candidates) in that additional week after the election had ended.
JUC member (and apparent funder of $6,000+ for the JUC mailing), Nia Bediako, had been trying to hand in a list DURING THE WEEK AFTER THE ELECTIONS CLOSED that would enable 35-50 votes to be added, even though they came after the close of the election. Similarly, Cerene Roberts illegally circulated waiver forms en masse to public meetings in New Jersey, got back 20+ applications that the JUC majority approved after August 31, and now wants these voters included. We are hoping that the Judge allows only those to vote who were members before August 31, whether paying, volunteering, or waivered members.
Imagine going to your polling place on the Wednesday after the Tuesday Presidential elections next November and demanding that you be allowed to vote THEN. That's what the JUC is trying to pull. That's what we believe the Court will not allow.
We are fighting to ensure that all who were entitled to vote by the date stipulated in the bylaws are able to do so, that the lists are cleaned properly (they weren't), and that there's a level playing field for all.
We have no idea who "won" or "lost" among the votes that have been impounded. We just want the election to be fair, and allow the listener members and staff to have their say, whatever it may be.
If it gets crazier, we'd agree that Pacifica should do the entire WBAI election over again according to the rules laid out in the bylaws -- but only if an outside, independent company is hired to audit and clean the lists properly and run the election.
End of report.