Case 1:06-cv-00080-RJA Document 26 Filed 05/02/2006 Page 1 of 15 Case 1:06-cv-00080-RJA Document 26 Filed 05/02/2006 Page 2 of 15 Case 1:06-cv-00080-RJA Document 26 Filed 05/02/2006 Page 3 of 15 Case 1:06-cv-00080-RJA Document 26 Filed 05/02/2006 Page 4 of 15 Case 1:06-cv-00080-RJA Document 26 Filed 05/02/2006 Page 5 of 15 Case 1:06-cv-00080-RJA Document 26 Filed 05/02/2006 Page 6 of 15 EXHIBIT A Case 1:06-cv-00080-RJA Document 24 Filed 03/29/2006 Page 1 of 8 Case 1:06-cv-00080-RJA Document 24 Filed 03/29/2006 Page 2 of 8 Case 1:06-cv-00080-RJA Document 24 Filed 03/29/2006 Page 3 of 8 Case 1:06-cv-00080-RJA Document 24 Filed 03/29/2006 Page 4 of 8 Case 1:06-cv-00080-RJA Document 24 Filed 03/29/2006 Page 5 of 8 Case 1:06-cv-00080-RJA Document 24 Filed 03/29/2006 Page 6 of 8 Case 1:06-cv-00080-RJA Document 24 Filed 03/29/2006 Page 7 of 8 Case 1:06-cv-00080-RJA Document 24 Filed 03/29/2006 Page 8 of 8 EXHIBIT B Forjone et.al. v. EAC et.al. WDNY 06-cv-0080 UNITED STATES DISTRICT COURT WESTERN DISTRICT NEW YORK case: 06-cv-0080 A(Sc) -----------------------------------------------------------------------------------x The 42 USC 1983 / Bivens / False Claims Act matter effecting the statewide distribution of HAVA funds requiring a 28 USC 2284 panel effecting New York Municipal People’s equity in Bottom-up suffrage, Homerule autonomy and effecting real property tax levy: JOHN JOSEPH FORJONE, DAN DEL PLATO JR. GABRIEL RAZZANO, EDWARD M. PERSON JR., And CHRISTOPHER EARL STRUNK, Plaintiffs: AMENDED V. COMPLAINT The UNITED STATES ELECTION ASSISTANCE COMMISSION and THOMAS R. WILKEY its Director; THE UNITED STATES DEPARTMENT OF JUSTICE and the Attorney General ALBERTO GONZALEZ; The States of: CALIFORNIA, OREGON, NEVADA, ARIZONA, NEW MEXICO, TEXAS each by the Secretary of State and Attorney General respectively; THE SECRETARY OF THE STATE OF NEW YORK; New York State ATTORNEY GENERAL per CPLR §1012; THE NEW YORK STATE BOARD OF ELECTIONS by its counsel and every Municipal Board of Elections within 58 Municipalities; The New York state municipalities by each corporation counsel of: ERIE, MONROE, ONONDAGA, ALBANY, DUTCHESS, ORANGE, ROCKLAND, WESTCHESTER, THE CITY OF NEW YORK, NASSAU, SUFFOLK, NIAGARA, ORLEANS, GENESEE, WYOMING, ALLEGANY, CHAUTAUQUA, CATTARAUGUS, CAYUGA, CHEMUNG, ONEIDA, CORTLAND, CHENANGO, COLUMBIA, TIOGA, TOMPKINS, SCHUYLER, STEUBEN, BROOME, LIVINGSTON, ONTARIO, YATES, SENECA, WAYNE, OSWEGO, JEFFERSON, LEWIS, MADISON, HERKIMER, OTSEGO, ST. LAWRENCE, FRANKLIN, CLINTON, ESSEX, MONTGOMERY, WARREN, SARATOGA, WASHINGTON, RENSSELAER, GREENE, ULSTER, DELAWARE, PUTNAM, HAMILTON, FULTON, SCHENECTADY, SCHOHARIE, SULLIVAN; and the duly elected Borough President of Brooklyn MARTY MARKOWITZ, Defendants. ___________________________________________________________________________x JURISDICTION 1. Jurisdiction of this Court is invoked pursuant to Article I, Article III, Article IV, Article V, Article VI, and the First, Fourth, Fifth, Ninth, Tenth and Fourteenth, Fifteenth U.S. Constitution amendments; 28 U.S.C.A. §§ 1331, §1343(3) and §§2201-02; 42 U.S.C.A. §1981, §1982, §1983, §1985,§1986,§1988 and 42 U.S.C.A §1973gg as relates to the 1993 National Voter Registration Act (NVRA), the October 29, 2002 Help America to Vote Act (“HAVA”), P.L. 107-252, 116 Stat. 1666 and as relates to Article 1 Sections 2 and 4 compliance with the State of New York Constitution and Laws as a sovereign state among several sovereign states’ Amended Complaint Page 1 of 62 Forjone et.al. v. EAC et.al. WDNY 06-cv-0080 constitutions and related laws, and as a matter of any state and or subdivision / person, territory that makes a false claim, as defined under the False Claims Act (FCA) 31 USC §3729 thru §3733, as well as Racketeering provisions of 18 USC §1961 thru §1968 as done under color of HAVA for Federal Treasury reimbursement certification review by the United States Department of Justice (DOJ) for the United States Election Assistance Corporation (EAC). VENUE 2. Venue is properly found in this District and this Division under 28 U.S.C.A. §§1391(b) and §1393(a) and 18 USC §1965 as a statewide HAVA funds distribution matter to be heard by a 28 USC 2284 three judge panel in that this Court comprises the District and Division in which Erie county among other State Subdivision Defendants that maintain their official residence and in which the claims arose under color of the 1993 NVRA in the 42 USC §1973gg, the Uniformed and Overseas Citizens Absentee Voting Act of 1986, 42 U.S.C. § 1973 with available remedy as of right adopted by the New York State Election Law (“EL”) §2-100, §4- 100, §4-138, §5-210, §5-211, §5-213, §6-134, §6-138, §6-147, §6-154, §6-156. That additional State and Federal Defendants are necessary parties arising after the enactment of the 2002 HAVA, with significant occurrences and transactions with supplemental injuries arising first on January 1, 2006 by failure of the State Board of Elections to maintain a virtual real-time duplicate central data base to verify the actual active voter registration in any and all municipalities with control over the Bottom-up original voter registration data base; and by failure of the EAC to also maintain a duplicate certified central national data base capable of checking the legitimacy of actual active voters nationwide in each and every state and territory totaling FIFTY-FIVE (55). Amended Complaint Page 2 of 62 Forjone et.al. v. EAC et.al. WDNY 06-cv-0080 That this matter has related active cases with different issues: a) in Western District of New York Forjone v. Leavitt 05-cv-395 before the Honorable Chief Judge Richard J. Arcara with an interlocutory appeal dismissed by 2nd Circuit case 05-4513-cv, with motions pending involving 28 USC 2284; b) in Northern District of New York Loeber v. Spargo 04-cv-1193 before Judge Lawrence E. Kahn with an appeal wrongly pending before the Second Circuit in case 05-6956-cv and dismissal of an Original Proceeding 05-6539-op with a motion for en banc on procedural matters pending involving 28 USC 2284; c) in Northern District of New York USA v. New York State et.al. 06-cv-263 before Judge Gary L. Sharpe in the matter of New York not meeting the January 1, 2006 HAVA deadline- and where Plaintiffs are denied intervention with prejudice. d) in Eastern District of New York Torres et.al. v NYS BOE et.al. 04-cv-1129 before Judge John Gleeson with a January 27, 2006 Memorandum and Order and Preliminary Injunction with significant elements effected by redistricting, Strunk was denied intervention status. e) in Northern District of New York Fitzgerald et.al. v. NYS BOE et.al. 02-cv-926 before Judge Norman A. Mordue with amended complaint in the matter of the NVRA and HAVA involving ballot access and lockbox restraint, effected by the decision of Judge Gleeson in the EDNY case Green v NYS BOE 02-cv-6465 with 2nd Circuit upholding permanent injunction on N.Y. voter registration in November 2004. Amended Complaint Page 3 of 62 Forjone et.al. v. EAC et.al. WDNY 06-cv-0080 PARTIES 3. At all times relevant to the instant action of all PLAINTIFFS, hereinafter known as “Plaintiffs”, “Eligible Voters”, “PEOPLE”(1) “U.S. Citizens”, “whistleblowers”, “relators” are U.S. Citizens entitled and or duly registered voters as “active voters” per Election Law §5-213 organized under EL §4-100 within a legitimate NYS municipality of the State of New York, by individual “relator” affidavit of verification attached, are part of a class of state U.S. Citizens jus tertii of the PEOPLE without any control over patronage, policy, and purse, who are pro se without an attorney, per 18 USC §1964(c) hereby complain of Defendants as persons defined by 31 USC §3729 thru §3733 under the False Claims Act (FCA) and 18 USC §1962(a)(b)(c)(d). 4. John Joseph Forjone, 5367 Upper Holley Road mailing address POB 28 Clarendon NY 14429 Phone: 585-721-7673, injured in County of Orleans with George D. Maziarz 62nd SD and Charles Nesbitt 139th AD 5. a.) Dan Del Plato Jr., 50 Chandler Avenue, Batavia, N.Y. 14202, Phone: 585.343.5283 e-mail [email protected] injured in County of Genesee; 5. b.) PENDING DISMISSAL Wayne Alan Mack, 1178 Indian Church Rd. West Seneca NY, 14224 Phone: 716.675.5285, Cell 566.0056 e-mail [email protected], County of Erie. (That Plaintiffs received a copy of a letter to Mr. Mack dated March 27, 2006 from Magavern Magavern & Grimm, and as such we also understand that the firm does not represent him expressing his desire not to be a plaintiff. Plaintiffs are all aware that Mr. Mack had been employed by Erie County, has considerable first hand experience with government in the Medicaid program compliance, and Mr. Mack desires his job back without complication.) 6. Gabriel Razzano, 135 Gordon Place Freeport, New York 11520, Phone 516-223- 6883, injured in County of Nassau, with Charles J. Fuschillo, Jr. in the 8th SD and David G. McDonough in the 19th AD 1 New York State Constitution Article IX “Local Government” definition of the “PEOPLE” (d) Whenever used in this Article the following terms shall mean or include… (3) “PEOPLE.” Persons entitled to vote as provided in section one of Article two of this constitution.