Nashua Complaint 11/24/23

Notice #2

 Notice & Demand to Comply with the New Hampshire Constitution to 

New Hampshire Secretary of State David Scanlon – Absentee Voting & Ballot Procedures 

 To: 

New Hampshire Secretary of State David Scanlan 

State of New Hampshire Department of State 

107 North Main Street 

Concord NH 03301

david.Scanlan@sos.nh.gov  

Representative Sandra Panek 

Representative Emily Phillips 

Representative Kristine Perez 

 Notice to Agent is Notice to Principal and Notice to Principal is Notice to Agent 


 I, ____________________________________, one of the people as seen in New Hampshire Constitution Part 1 Articles 1, 2, 7, 8, 10, 12, 32, and 38, Sui Juris, do now present you with this lawful command to follow my instructions, (as you are specifically bound to do under my powers found in Part 1 Article 8, 32, and 38) that you may provide due care to immediately redress the following grievance: 

Take notice that the New Hampshire Department of State personnel have been and are continuing to operate outside of the terms of agreement found within the Express Trust Indenture known as the New Hampshire State Constitution. The “Express” portion of the phrase “Express Trust Indenture” means that only what is expressly written is granted authority; What is not expressly written is forbidden. 

 New Hampshire Constitution Part 1 Art 11 contains the expressly written grants regarding who is authorized to vote by absentee ballot in New Hampshire and guarantees equal protection in his right to vote. Only what is expressly granted there is authorized, and what is not expressly granted is forbidden. See evidence below: 

Maxim: That which is granted or reserved in a certain specified form must be taken as it is granted, and will not be permitted to be made the subject of any adjustment or compensation on the part of the grantee. Ex. parte Miller. 2 Hill (NY) 423; Bacon, Max. 26, reg.4. 

Take notice that the Secretary of State is charged per the New Hampshire Constitution Part 2 Art 33 with examining fair and attested records constituting results of votes in elections from New Hampshire towns, wards, or unincorporated places. The Secretary of State has permitted and continues to permit an unequal right to vote, through issuance of summons and notice to persons allegedly elected, by accepting for examination attested-to-as-fair records and declarations from towns and wards, by knowingly accepting for examination such records which include absentee ballots within those resultative counts: 

  1. from voters not meeting the qualifying exception as prescribed by Part 1 Art 11 as those “…who are absent from the city or town of which they are inhabitants, or who by reason of physical disability are unable to vote in person;”
  2. from affidavit envelopes lacking properly executed affidavits ensuring that a process for an equal protection standard had been met for similarly situated qualified voters, as required
    1. in Part 1 [Art 10] “Government being instituted for the common benefit, protection, and security, of the whole community, and not for the private interest or emolument of any one man, family, or class of men; therefore, whenever the ends of government are perverted, and public liberty manifestly endangered…”
    2. and guaranteed in Part 1 Art 11; “…shall have an equal right to vote in any election.”

Such actions are not in the express written grant found within the original general grant of authority which the people of New Hampshire through their consent, entrusted to all magistrates and officials to carry out under the constraints of New Hampshire Constitution Part 1 Article 38: “…and they have a right to require of their lawgivers and magistrates, an exact and constant observance of them, in the formation and execution of the laws necessary for the good administration of government.”

Any language within current statutes or process being followed that is repugnant to this aforementioned mandate violates Part 2 Article 90:

“…All the laws which have heretofore been adopted, used, and approved, in the Province, colony, or State of New Hampshire, and usually practiced on in the Courts of Law, shall remain and be in full force, until altered and repealed by the Legislature; such parts thereof only excepted, as are repugnant to the rights and liberties contained in this Constitution:

Take notice that the Express Trust Indenture called the New Hampshire Constitution has clear and detailed expressly written grants concerning elections in towns, wards, and unincorporated places. Part 1 Article 11 clearly defines the intent of the right to vote to be equal. Any process practiced that creates an unfair or unequal requirement between similarly situated qualified voters does not serve any purpose toward preserving the equality of the right to vote in any election. Under the Historical Analysis Test, (the customs and usages at the time of the writing of the original law found in Part 1 Article 11, Part 2 Articles 32, 33, & 42) not one of these words was found to contain any meaning whatsoever related to practices permitting different sets of standards of voting processes for similarly situated voters, a matter which was addressed by the legislature in 1942 where for mailed or otherwise delivered ballots requiring physical presence of a witness certification by affidavit attesting to a five-part requirement which more closely ensured the equal protection of the right to vote, incorporating the following procedure in absentee voting:

  1. He shall mark said ballot in the presence of an official authorized by law to administer oaths, and of no other person, and, except in the case of a voter physically disabled, in a city or town which is separated by at least one city or town from the city or town wherein the voter is registered.
  2. He shall deliver the official ballot to said official for examination, who shall satisfy himself that the ballot is unmarked and the voter shall not allow said official to see how he marks it.
  3. Said official shall hold no communication with the voter, nor he with said official, as to how he is to vote.
  4. After marking the ballot, the voter shall enclose and seal the same in the envelope provided for in paragraph III of section 61.
  5. He shall then execute before said official the affidavit on said envelope as set forth in said paragraph, and shall enclose and seal the envelope containing the ballot in the envelope provided for in paragraph IV of section 61, endorse thereon his name, address, and voting place, and shall mail the envelope, postage prepaid, or cause it to be delivered.

Therefore, the express grant that the people of this state originally entrusted to the Secretary of State has solely to do with the aforementioned subject matter. Conversely, there is no express grant contained in the article that permits different standards for similarly situated voters; this means that the founders expressly forbade, by way of omission, the subject matter currently in controversy in the current practices which permit the casting of absentee ballots by voters with unqualified exceptions and through the use of unequal processes. The founders clearly reserved this private topic back to the people. Therefore, (by virtue of the state constitution’s two-part construction and formation as an Express Trust Indenture – see reference to Wooster v Plymouth below) there exists nowhere in New Hampshire Constitution Part 1 Article 11, Part 2 Articles 32, 33, & 42 a general grant to take exercise in matters reserved back to the people. See evidence below:

Maxim: As usurpation is the exercise of power, which another has a right to; so tyranny is the exercise of power beyond right, which no body can have a right to. Locke, Second Treatise of Government, Chapter XVIII, Section199.

Take notice that in New Hampshire Supreme Court Case Wooster v. Plymouth, the justices stated the following to illuminate the intent of the framers of the state constitution:

“The division of the constitution into two parts was not made without a purpose, and the name of each part is not without significance. The first is a ‘bill of rights:’ The second is, in general, a grant of powers, made by the people to ‘magistrates and officers of the government,’ who are declared (in Part 1, Art. 8) to be the grantor’s ‘agents.’ The first contains a list of rights not surrendered by the people when they formed themselves into a state. Parts 1, Arts. 1,2,3; Part 2 art. 1. By the reservation of these, they limited the powers they granted in the second part, and exempted themselves, to the stipulated extent, from the authority of the government they created.”

Take notice that New Hampshire RSA 657:1 has no bearing whatsoever on the ability of the Secretary of State to summarily order an immediate cease and desist notice to all moderators and clerks of the towns and wards of New Hampshire from permitting any inclusion of declared and attested-to resultative counts and records which violative of equal protections and rights, and other than what has been included in the plain language of the New Hampshire Constitution Part 1, Art 11 (which contains no language permitting an otherwise qualified voter to obtain and cast an absentee ballot for religious, certain victims, confinement, employment, care of children or infirm adults, or weather-related reasons). This lawful order, issued by me, is an order to immediately return to the required good-faith fulfillment of your agreed-upon duty to never trespass the people by allowing the public government to interfere with the private people and what they have reserved back to themselves by way of Part 1 of the State Constitution and by way of expressly granting you specific instructions in Part 1 Art 11, Part 2, Art 32, 33 and 42, and by way of omitting, and thereby forbidding you from accepting for examination any improperly or unfairly attested-to records of any election counts. See evidence below:
 
Maxim: An affirmative statute does not take away from the common law. Jenk. Cent. 24.
Maxim: Good faith demands that what is agreed upon shall be done. Dig. 19, 20, 21; Id. 19, 1, 50; Id. 50, 8, 2, 13.
Maxim: The government is to be subject to the law, for the law makes the government. C.L.M.
Maxim: The government cannot load a citizen with imposition against his will or consent. 2 Coke, 61.
Maxim: Constitutions and Law precede the Judiciary. Luther v Borden, 7 How. (48 U.S.) 1, 52.
 
Take notice that it is exceedingly well established: that the state constitution is, in fact, a Trust Indenture; that all government officials’ primary duty is to follow the instructions of the Grantors of the Trust; and that their secondary duty is to carry out their duties in accordance with the law. The law is the New Hampshire Constitution, and it is clear; The people have a guaranteed right to give instructions as seen in Part 1 Article 8, 32, and 38; and the law pertaining to the matter at hand is clearly seen in Part 1 Article 11 with equal protections guaranteed, express grants listed, and absentee reasons of religion, employment and weather omitted and thereby expressly forbidden.
 
Take notice that it is evident that the New Hampshire Constitution is an Express Trust Indenture by way of the phrase “accepting the trust” as seen in Part 2 Article 84, and by way of the word “Agent” appearing in Part 1 Article 8 (as the definition of “Trustee” in Black’s Law 4th Edition includes “Agents”), as well as other factors not listed here.
 
Please take further notice: It is my wish and demand that you, Mr. David Scanlan, New Hampshire Secretary of State, shall immediately upon receipt of this notice, utilize the authority vested in you by the seat of your office (which the people created) to order that all personnel in your charge to:

  1. Print absentee affidavit certificate with the witness of a public official, authorized by law to administer an oath either on the inner envelope or require it’s accompaniment as statutorily mandated in RSAs 659:50 and 659:30, reflecting the 1942 standards from P.L 26:65, which protected the equal rights of voters at the time of the amendment through 1979.
  2. Remove any statutorily granted privileges achieved without required consent from Part 1, Article 100 – to claim exemption specifically not contained in New Hampshire Constitution Part 1 Art 11 from the inner envelope. Part 2, Article 90 has made non-consented parts void (See Marbury v Madison, 5 U.S. 137 (1803) Nort v Shelby County, 118 U.S. 425 (1886) Pg 442, Merrill v Sherburne, 1 NH 199,8 Am. Dec. 52 (1818).
  3. Modify any election procedures documentation in a manner preventing any issuance or acceptance of absentee ballots for reasons specifically not contained in New Hampshire Constitution Part 1 Art 11.
  4. Modify any election procedures documentation in a manner preventing the inclusion in any election results or attested-to records of any absentee ballots that do not have a certified inner envelope consistent with the requirements as statutorily provided for in 1942, which enforce equal protections among similarly situated qualified voters.
  5. Instruct all moderators, clerks, and other election officials of afore discussed modification with directions on the appropriate issuance and inclusion of absentee ballots.
  6. Establish a weekly progress report with the New Hampshire House Representatives below, whom I now also command to undertake this task of overseeing your fulfillment of good faith duty to restrain your staff from violating the New Hampshire Constitution, and the logistical operation required to bring the New Hampshire Department of State back into compliance.
  7. Utilize the notice that we present for your use (see attached Cease and Desist notice. You may add specifics such as time and place etc.) to place on your letterhead, as the general command to your charges, and then you may engage the below-listed representatives, particularly Sandra Panek, Kristine Perez, & Emily Phillips, for suggestions and oversight of the logistics involved with bringing any election-related materials in controversy into constitutional compliance.
  8. Ensure that no Department of State employees, appointees, volunteers, contractors, or any persons whatsoever who hold any title or color of law within the Department of State interfere with this effort.
  9. Provide to the below-listed New Hampshire House Representatives a written report of any personnel in your charge who attempt to interfere with this lawful command that I have issued to you. You shall provide a written report of any other government official, who is a Trustee of mine, that attempts to interfere with my guaranteed right to require of you an exact and constant observance of the law (New Hampshire Constitution Part 1 Article 8, 32, and 38). Anything less than what is outlined here shall be considered maladministration and the several people will issue sworn and notarized affidavits attesting to your insubordination.

My final wish and demand: If you believe you have been granted authority anywhere in the State Constitution to block my guaranteed rights to an equal right to vote or that any of the foregoing statements in this Notice are untrue, or that any one of my other government Trustees outranks me in this chain of command established by the Trust Indenture, then rebut this notice point-by-point by way of sworn and notarized affidavit under penalty of perjury within 7 business days. You shall deliver your rebuttal by certified mail to the New Hampshire House Representatives listed below at their State House mail addresses. If you should fail to respond with Constitutional authority showing how you can block or infringe Constitutionally guaranteed rights of your Grantors, then you agree, by acquiescence, that you are bound to execute my instructions and you further agree that this notice shall stand as evidence, truth, and fact, in law in all courts of record. Should you desire to be a good and faithful Trustee, then I will greatly appreciate you and you shall inform New Hampshire House Representatives Sandra Panek, Kristine Perez, and Emily Phillips within 7 business days that you intend to comply with my lawful orders duly issued by way of this Notice. If you intend to comply, you shall notify the above-listed representatives immediately by their state house email addresses to ensure that this instruction is carried out. In the event that Secretary Scanlan does not comply within the time specified of receiving this notice, I further instruct said Representatives to form an investigatory committee and begin impeachment proceedings, by the authority vested in them in NH Constitution Part 2 Articles 17 and 38.

This notice is delivered to you in the Peace and Love of Christ under a desire to reconcile Trustees back to their contracts on good terms with their Grantors.
 

Take notice that any person found suppressing this lawful communication between the people/grantors and government agents/trustees is engaging in tortious interference of contract and agrees to pay the sum of five thousand dollars per count or infraction. 

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Date:

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Notice #1

To: David Scanlan in your personal and professional capacity as the Secretary of the State of New Hampshire.


Lawful Notification to the Secretary of State of New Hampshire to Prevent Maladministration
Notice to Agent is Notice to Principal and Notice to Principal is Notice to Agent


I, [Your name], one of the People, as seen in the 50 State Constitutions, Republican in Form, Sui Juris, do present you with this notice that you and your agents may provide due care;


Please take notice that the People have taken the time to do the proper study to be able to come together in mass, and have assembled, in an orderly and peaceful manner, to give instructions to their representatives, and deal with matters of the common good. When those delegated with executive authority neglect and abandon their charge to secure the rights of the people and act so that laws already made can no longer be put into execution, that agent’s office may be dissolved. Executive branch agents are not allowed to substitute their arbitrary will in place of laws duly passed by the legislature or the universally admitted principles of fundamental law. All government agents are to follow the law for the law makes the government. All governments are bound to the constitutions all men are created equal. And the constituitons are the law of the land. (The following authorities are cited below:)

Constitution Article 6 Clause 2. This Constitution, and the laws of the United States which shall be made in pursuance thereof; and all treaties made, or which shall be made, under the authority of the United States, shall be the supreme law of the land; and the judges in every state shall be bound thereby, anything in the Constitution or laws of any State to the contrary notwithstanding.

Maxim of Law 51b. The government is to be subject to the law, for the law makes the government. C.L.M.

“A frequent recurrence to the fundamental principles of the constitution, and a constant adherence to justice, moderation, temperance, industry, frugality, and all the social virtues, are indispensably necessary to preserve the blessings of liberty and good government; the people ought, therefore, to have a particular regard to all those principles in the choice of their officers and representatives, and they have a right to require of their lawgivers and magistrates, an exact and constant observance of them, in the formation and execution of the laws necessary for the good administration of government.” New Hampshire Constitution, Part the First, Article 38


Please take notice that according to RSA 659:14, the Secretary of State is required to include on the voter instruction cards whether a party rule has been adopted that permits a person who is registered as an undeclared voter to vote in the party’s primary. No letter of permission is on record with the office of the Secretary of State as such it is a violation to allow such voters registered as Undeclared to obtain and vote in a party’s primary. [Emphasis added] (The following authorities are cited below:)

RSA 659:14 II: The secretary of state shall include on the voter instruction cards whether a party rule has been adopted which permits a person who is registered as an undeclared voter to vote in the party’s primary. The party chairman shall notify the secretary of state in writing prior to the filing period for state offices whether the party has adopted such a rule.

“The general court shall provide by law for voting by qualified voters who at the time of the biennial or state elections, or of the primary elections therefore, or of city elections, or of town elections by official ballot, are absent from the city or town of which they are inhabitants, or who by reason of physical disability are unable to vote in person, in the choice of any officer or officers to be elected or upon any question submitted at such election.” New Hampshire Constitution, Part the First, Article 11


Please take notice that all political power in our republican form of government resides originally in the people and is derived from them, and we are endowed by our Creator with certain natural, essential, inherent, indefeasible, and unalienable rights. (The following authorities are cited below:)

All power residing originally in, and being derived from, the people, all the magistrates and officers of government are their substitutes and agents, and at all times accountable to them. Government, therefore, should be open, accessible, accountable and responsive. To that end, the public’s right of access to governmental proceedings and records shall not be unreasonably restricted. The public also has a right to an orderly, lawful, and accountable government.New Hampshire Constitution Part 1, Article 8

Maxim of Law 51o All Political Power is inherent in the people by decree of God, thus none can exist except it be derived from them.” American Maxim

Maxim of Law 59o. “Law is a rule of right, and whatever is contrary to the rule of right is an injury.” 3 Bulst. 313.


Please take notice that we have instituted government to secure our rights as its sole and only legitimate function and every act of usurpation in the government, and consequently treason against the sovereignty of the people, occurs when public officials in a limited government go beyond the bounds that the constitution sets for their powers. (The following authorities are cited below🙂

“Objective of government. That the sole object and only legitimate end of government is to protect the citizen in the enjoyment of life, liberty, and property, and when the government assumes other functions, it is usurpation and oppression.” Alabama Constitution, Article I, § 35

Maxim of Law 51p. “The main object of government is the protection and preservation of personal rights, private property, and public liberties, and upholding the law of God.” American Maxim.

Tucker Blackstone Vol. 1 Appendix Note B [Section 3] 1803 “If in a limited government, the public functionaries exceed the limits which the constitution prescribes to their powers, every act is an act of usurpation in the government, and, as such, treason against the sovereignty of the people.”

Please take notice that every member of the government, whether they are appointed or elected, is a trustee and servant of the people and is, by implied or expressed contract, obligated by oath or affirmation to defend the Constitutions of the United States and their State in a manner that is most consistent with and binding on their conscience from enemies of the republic, both domestic and foreign.  (The following authorities are cited below:)

Maxim of Law  “There is no stronger link or bond between men than an oath.” Jenk. Cent. Cas. 126; Id. P. 126, case 54.

Please take notice that it is the people alone who have an incontestable, unalienable, and indefeasible right to institute government and to reform, alter, or completely change it when the public’s protection, safety, prosperity, and happiness so demand it; and it is our right to instruct our representatives and make the expression of our voices and opinions heard, which is essential to the operation of a just, equal and representative system. (The following authorities are cited below:)

“The people have a right, in an orderly and peaceable manner, to assemble to consult upon the common good; give instructions to their representatives, and to request of the legislative body, by the way of addresses, petitions, or remonstrances, redress of the wrongs done them, and of the grievances they suffer.” Massachusetts Constitution, Part the First, Article XIX

Maxim of Law 11a. “A delegated power cannot be again delegated.” 2 Inst. 597; Black’s, 2d. 347; 2 Bouv. Inst. n. 1300.

Maxim of Law 11e. “Power can never be delegated which the authority said to delegate never possessed itself. N.J. Steam Co. v. Merch Bank, 6 How. (47 U.S.) 344, 407.

Notice of Liability

Please take notice that As Secretary of State, you must take lawful action to prevent maladministration and must comply with all legislation, the federal and state Constitutions, and the fundamental principles of law as written. Every instance of placing your arbitrary will over the letter of the law is a violation of your oath of office and your trust indenture. As such, The current practice of allowing a voter registered as Undeclared to vote in a party’s primary is a violation of the law and I demand that you cease and desist from any further acts of usurpation and maladministration. The thwarting of your duty to correct these issues will be considered a willful trespass with full knowledge, intent, and malice.

Furthermore, if you believe any of these claims are untrue, please respond by affidavit, sworn under penalty of perjury, with where you were granted the authority to ignore the law, the constitutional provisions granting you the authority to infringe upon the People’s rights or to ignore our instructions, within fourteen (14) business days, or you agree that all herein be true and any future interference with the people’s rights shall be personally liable for $5,000 per incident, and I reserve the right to have this issue resolved by an arbitrator of my choice.

This Notice is sent to you in peace and with the love of Christ, so that you may provide immediate due care to those in whom all political power is inherent, the People.

Affiant further sayety naught.

All rights Reserved.

Verification

___________________________________ Autograph

NOTARY STATEMENT


In the State of [state],
County of [county]


I swear that on this_____day of ______________ 2023, the above named Affiant/Declarant, [your name], personally appeared before me, and of her own free will, signed and executed this Affidavit/Declaration of Truth.

Seal:


Notary Public
My Commission Expires:__

Accountability

Stop the Fear

As we approach the special celebrations where we gather friends and family at the end of the calendar year, it appears that rather than encouraging the reflections on the areas of the past year that are blessings, those individuals and entities in high influential places are continuing to instill fear in the populace.  COVID seems to be all they can address unless they are focused on the election results.

Censored or Informed

America, the place where a free exchange of ideas leads to innovative solutions to challenges and problems.  This is the land where if you work hard you have the freedom to fail or succeed.  This was the United States of America that men throughout the ages have fought to preserve our God given right to pursue.