FILED PER PLAINTIFF'S REQUES? IN THE CIRCUIT COURT OF THE 11th JUDICIAL CIRCUIT IN AND FOR MIAMI DADE COUNTY DR.JAMES BUSH Ill CASE NO: FORMER CANDIDATE MIAMI DADE COUNTY PUBLIC SCHOOLS, DISTRICT 1 et. al 16-2331 4ca20 ELECTION CONTEST CHALLENGING MIAMI-DADE COUNTY SUPERVISOR OF 1441 NW 196TH STREET ELECTIONS MIAMI GARDENS, FL 33056 786-499-9493 CANVASSING BOARD AUGUST 30, 2016 PRIMARY ELECTION REPORT Plaintiff(s) v. DR. STEVE GALLON III CANDIDATE MIAMI DADE COUNTY PUBLIC SCHOOLS, DISTRICT 1, et. al TINW, 167th TERRACE MIAMI GARDENS, FL 33056 HENNRIETTA BELINDA LACEY DR. STEVE GALLON III CAMPAIGN POLLWORKER, et. al. 20073 NW 36TH COURT MIAMI GARDENS FL 33056 ELIZABETH JUDD DR. STEVE GALLON III CAMPAIGN POLLWORKER, et. al 15300 S. RIVER DRIVE MIAMI, FL 33168 CHRISTINA WHITE, MIAMI DADE COUNTY SUPERVISOR OF ELECTIONS AND CANVASSING BOARD, et. al. 2700 N.W. 87TH AVENUE MIAMI, FL 33174 305-499-8400 COMMISSIONER SCOTT THOMAS FLORIDA ELECTION COMMISSION, et.al. 107 WEST GAINES STREET COLLINS BUILDING, SUITE 224 TALLAHASSEE, FL 32399-1050 850-922-4539 MARIA MATTHEWS DIVISION DIRECTOR, et. al. DEPARTMENT OF STATE FLORIDA DIVISION OF ELECTIONS ROOM 316, R.A. GRAY BUILDING TALLAHASSEE, FL 32399-0250 850-245-6520 fa)Defendant(s) COMPLAINT ELECTION CONTEST CHALLENGING THE MIAMI-DADE COUNTY PUBLIC SCHOOL BOARD DISTRICT I RACE AND CANVASSING BOARD REPORT CERTIFYING THE AUGUST 30, 2016 PRIMARY ELECTION REPORT WHICH EXCLUDED CANDIDATE'S ALLEGED MISCONDUCT, FRAUD AND CORRUPTED PRACTICES COMMITTED BY SCHOOL BOARD DIST. 1 CANDIDATE DR. STEVE GALLON II AND WORKERS MS. HENNRIETTA BELINDA LACEY ‘AND A MS. ELIZABETH JUDD GENERAL JURISDICTION Pursuant to Fla. Stat, 102.168 Contest of Election general jurisdiction as provided also in s. 102.171, (1) the certification of election or nomination of any person to office, or of the result on any question submitted by referendum, may be contested in the circuit court by any unsuccessful candidate for such office or nomination thereto or by any elector qualified to vote in the election related to such candidacy, or by any taxpayer, respectively. (2) Such contestant shall file a complaint, together with the fees prescribed in Chapter 28, with the clerk of the circuit court within 10 days after midnight of the date the last board responsible for certifying the results officially certifies the result of the election being contested. The defendant must answer admitting or denying the allegations first on which the contestant relies or stating that the defendant has no knowledge or information conceming the allegations, which shall be deemed a denial of the allegations and must state any other defenses in law or fact, on which the defendant relies. (3) The complaint shall set forth the grounds on which the contestant intends to establish his or her right to such office or set aside the result of the election on a submitted referendum. Sce Exhibit A Miami Dade County Supervisor of Elections Canvassing Report Dade County Supervisor of Election official canvassing report for the 2016 primary election had an official deadline date of September 6, 2016 at 5:00 p.m. to be submitted to the State of Florida Department of State Division of Elections. The contestant for the purposes of challenging the official August 30, 2016 certified primary returns had attached the certification report for the court's review. The Florida Public Records Law and Election Code treat ballots as public records subject to public inspection {2}and examination upon request. Any member of the public is entitled to inspect any or all of the ballots, however only an employee of the supervisor of elections can touch the original ballot The law contemplates that a ballot inspection might occur before the deadline for filing an election contest suit (10) day following certification). If an inspection is requested before the contest deadline, the supervisor ‘must make a reasonable effort to notify all candidates of the inspection and allow them to attend the inspection, ‘The grounds for contesting an election under this section are 1. Misconduct, fraud or corruption on the part of any election official or any member of the canvassing board sufficient to change or place in doubt the result of the election. 2. Ineligibility of the successful candidate for the nomination or office in dispute, 3, Receipt of a number of illegal votes sufficient to change or place in doubt the result of the election. 4, Proof that any elector, election official, or canvassing board member was given or offered a bribe or reward in money, property, or any other thing of value for the purpose of procuring the successful candidate's nomination or election or determining the result on any question submitted by referendum, 5. The canvassing board responsible for canvassing the election is an indispensable party defendant in county and local elections. The Elections Canvassing Commission is an indispensable party defendant in federal, state and multicounty elections and in elections for justice of the Supreme Court judge, of a district court of appeal and judge of a circuit court. The successful candidate is an indispensable party to any action brought to contest the election or nomination of a candidate. 6. A statement of the grounds of contest may not be rejected nor are the proceedings dismissed by the court for any want of form, on the grounds of the contest provided in the statement sufficiently to clearly inform the defendant of the particular proceeding or cause for which the nomination or election is contested. See Gore v. Harris 773 So. 2nd 1243 (Fla. 2000) BIAs provided by the court jurisdiction election contest statutes give a candidate the right to a correct count of ballots casted in an election which is a substantial right that is the privilege of every candidate seeking public office to insist in every case where there have been failures to make a proper count, call or tally of retums accurately reflecting the proper numbers of the votes casted in an election as required by statutory law. See Kinzel v. City of North Miami, 212 So. 2d 327 (Fla. App. 3rd, 1968). General Jurisdictional Definitions 1. Misconduct: In law misconduct is wrongful, improper or unlawful conduct motivated by premeditated or intentional purpose or by obstinate indifference to the consequences of one's acts, 2. Fraud: In law fraud is deliberate deception to secure unfair or unlawful gain or to deprive a victim of a legal right, Fraud itself can be a civil wrong or a criminal wrong or it may cause no loss of money, property or legal right but still be an element of another civil or criminal wrong. 3. Corruption: Is a form of dishonest or unethical conduct by a person entrusted with a position of authority, often to acquire personal benefit. Corruption may include many activities including bribery and embezzlement. Government or political corruption occurs when an office holder or other governmental employee acts in an official capacity for personal gain, Statement of the Grounds of Election Contest of the Miami Dade County Public School Board District 1 Canvassing Board Certifying Report: An election contest is not an action of law or equity, but is purely a statutory proceeding unknown to the common law, and the proceedings are special and summary in nature. Election contesting proceeding afford an efficient available remedy and legal procedure by which the court cannot only investigate and determine the legality of the votes cast but also can correct any inaccuracies in the court if (4)the ballots by having them brought into court and examining the content of the ballot boxes. Beckstrom v. ‘Volusia County Canvassing Board and the canvassing board members must meet all of the requirements of Fla. Stat. 102.141 as mentioned to oversee an election, The Florida Election Code provide that the certification of election or nomination of any person to office or of the result of any question submitted by referendum may be contested in the circuit court as provided by F.S. 102.168 and 102.171 Count I 1, The Plaintiff alleges that Dade County Public School Board District 1 candidate a Dr. Steve Gallon III and his campaign staffers a Ms. Hennrietta Belinda Lacey and a Ms. Elizabeth Judd; that allegedly used corrupt election practices that involved misconduct, fraud, physical assaults and corrupt practices that allegedly included stalking and following Dade County School Board District 1 candidate a Dr. James Bush Ill in and out of Dade County Public School Board District 1; and falsely telling voters that Dr. James Bush III a candidate did not live in District 1. Dr. Steve Gallon III and his poll workers actions allegedly violated Fla, Stat. 104.0515(3) which says that "no person, whether acting under color of law or otherwise shall intimidate, threaten or coerce, ot attempt to intimidate, threaten or coerce any other person for the purpose of interfering with the right of such other person {o vote or not vote as that person may choose, or for the purpose of causing such other person to vote or not vote for any candidate for any office at any general, special or primary election held solely or in part for the purpose of selecting or clecting any such candidate." Dr. James Bush III can also provide witnesses affidavits that can affirm in writing that these are the set of facts involved in the matter. See Exhibit 1 and Exhibit 2. Count It 2. The Plaintiff alleges that Dade County Public School Board District | candidate a Dr. Steve Gallon III ‘and his campaign staffers a Ms. Hennrietta Belinda Lacey allegedly went to some of his campaign supporter’s properties allegedly without the homeowners permission committed alleged trespassing on {5]occasions by removing some Dr. James Bush I campaign political yard signs off their property. It was reported to Dr. James Bush III that allegedly Dr. Steve Gallon III and his poll workers entered their properties without their knowledge and removed Dr. James Bush III’s political yard signs. These alleged campaign practices allegedly had deliberately, willfully and intentionally impacted the outcomes of the ‘Miami Dade County Public School Board District 1 election. It caused Dr. James Bush III to lose a great number of votes throughout the voting area. Potential votes caused by the Dr. Steve Gallon IIT campaign ‘when the campaign allegedly removed his campaign political yard signs there for promotional purposes from the property of Dr. James Bush III supporters. Dr. James Bush III was told of this conduct by his supporters, but no written statement was given to his campaign. As previously mentioned by voters it was Dr. Steve Gallon III and his campaign poll workers who allegedly committed these acts of misconduct by destroying his campaign materials throughout the entire 2016 Miami Dade County Public School Board District 1 race, It says in Fla. Stat, 104.0615 (2) that a person may not directly or indirectly use or threaten to use force, violence or intimidation or any tactic of coercion or intimidation to induce or compel an individual to: a. Vote or refrain from voting; b. Vote or refrain from voting for any particular individual or ballot measure; «, Refrain from registering to vote; or 4. Refrain from acting as a legally authorized election official or poll watcher; 3. Apperson may not knowingly use false information to: a. Challenge an individual's right to vote; b. Induce or attempt to induce an individual to refrain from voting or registering to vote; or ¢. Induce or attempt to induce an individual to refrain from acting as a legally authorized election official or poll watcher. (6)4. Apperson may not knowingly destroy, mutilate, or deface a voter registration form or election ballot or obstruct or delay the delivery of a voter registration form or election ballot. 5. A person who violates subsection (2), subsection (3) or subsection (4) commits a felony of the third degree punishable as provided in s. 775.082, s. 775.083 or s. 775.084. Count 111 3, Ibis believed that Dr. Steve Gallon III hired Ms. Hennrietta Belinda Lacey to work on his campaign, Itis also believed that based on 5 state attomey investigators that responded to the North Dade Regional Library to the campaign surprise the state attomey presented Ms. Lacey with a search warrant so they could search her vehicle for alleged absentee ballots collected for Dr. Steve Gallon III. The call allegedly came from an unknown caller or an alleged ongoing investigation that had nothing to do with Dr. James Bush III campaigning. If the allegations are true Dr. Steve Gallon III and his campaign poll ‘worker once proven may be in a violation of Fla, Stat. 101.5614(5) which the alleged misconduct and corrupt practices may have affected of the outcome of the primary elections for Miami Dade County Public School Board election. A manual recounted of all the ballots casted was requested by Dr. James Bush III as required by Fla. Stat. 102.166. Dr. Steve Gallon III and his campaign poll workers actions may be in violation of Fla. Stat. 104.26; which says any person who wrongfully, during or before an election, removes, tear down, destroys or defaces any ballot, booth, compartment, or other convenience provided for the purpose of enabling the elector to prepare his or her ballot, or any card for the instruction of the voter is guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s, 775.083. See Exhibit 3 North Dade Library Precinct Video Tape Evidence. ‘Count IV 4, The Plaintiff alleges that Dade County Public School Board District 1 candidate a Dr. Steve Gallon III 7and or his campaign staffers a Ms. Hennrietta Belinda Lacey, and a Ms, Elizabeth Judd during early voting clection held on August 15 thru August 28,, 2016 and August 30, 2016 election day where they allegedly provided voters with false and misleading information about Dr. James Bush IIT not meeting residency requirements by law. Dr. Steve Gallon II and his poll workers intentionally put out this misleading information by using bull horns and loud speakers during early voting throughout the election; Dr. Steve Gallon III and his poll workers false messages travelled great distances throughout the voting areas and the overtone being used was malicious and egregious misconduct during a Democratic Party Primary election in Miami Gardens, Florida located throughout all voting precinct locations, Itis believed that Dr. Steve Gallon III and his campaign poll workers actions may be in violation of Fla, Stat, 104.271(1) which says any candidate who in a primary election or other election, willfully charges an opposing candidate participating in such election with a violation of any provision of this code, which charge is known by the candidate making such charge to be false or malicious is guilty of a felony of the third degree, punishable as provided in s. 775.082 or s, 775,083 and in addition after convietion shall be disqualified to hold office. (2) Any candidate who in a primary election or other election, with actual malice makes or causes to be made any statement about an opposing candidate which is false is guilty of a violation of this code. The aggrieved candidate a Dr. James Bush IIT may also file a complaint with the Florida Elections Commission pursuant to s. 106.25. ‘The statute says that the commission shall adopt rules to provide an expedited hearing of complaints filed under this subsection, Notwithstanding any other provision of law, the commission shall assess a civil penalty of up to $5000 against any candidate found in violation of this subsection, which shall be deposited to a the account of the General Revenue Fund of the state. Count V 5. The Plaintiff alleges that Dr. Steve Gallon III and his campaign poll workers allegedly grabbed or [8]snatched Dr, James Bush II campaign materials out of the hands of voters hands and instructed not to vote for his candidacy because he did not meet residency requirements to nun; these slanderous and misleading remarks caused damage to Dr. James Bush III campaigning efforts because a great number of voters where afraid and/or intimidated by Dr. Steve Gallon III and his poll workers not to vote for Dr. James Bush III candidacy; and or the misleading residency requirement information discouraged a great number of undecided voters from voting for Dr. James Bush III candidacy. Dr. Steve Gallon III and his campaign poll workers passed out at the precinct an official City of Miami Gardens voter's guide that told voters from a slates who they should and they should be voting contrary to our election laws. The passing out of these unlawful city of Miami Gardens, Florida's official voting guide slates is another alleged corrupt practice used by Dr. Steve Gallon Ill and his poll workers. A slate designed to unethically give him the competitive advantage and his opponents the competitive disadvantage during a ‘Miami Dade County Democratic Party Primary Election. Dr, James Bush III was allegedly called a liar by Dr. Steve Gallon III and his campaign in front of voters alleging that he did not meet the residency requirements by law; which Dr. Steve Gallon III ignored that facts that the Miami Dade County Supervisor of Election Department was responsible for certifying and qualifying candidates seeking public office in Miami Dade County. No lawsuit was filed by Dr. Steve Gallon II to dispute otherwise. Florida Election laws says “Any person who, by bribery, menace, threat, or corruption whatsoever, either directly or indirectly, attempts to influence, deceive, or deter any elector in voting, or interferes with him or her in the free exercise of the elector's right to vote at any election is guilty of a felony of the third degree for the first conviction and a felony of the second degree for any subsequent conviction.” “The City of Miami Gardens, Florida ordinance Section 5-3 - Ethical Campaigning (b) all candidates must abide by Miami-Dade County's Election Campaign Practice Ordinance and any other laws promulgated by the Council to insure fair and ethical campaigns. Miami Dade County, Florida ordinance in Section 2-11-I-I (¢) says Mandatory Fair Campaign Practices (1) (a) shall not with actual malice make or cause to be made any untrue oral statement about another candidate or a member of his or her family or staff which exposes said person to hatred, contempt, or ridicule or causes said person to be shunned or avoided or injured in his or her business or occupation.” See Exhibit 4, 5 and 6. {3}‘Voters were allegedly told by Dr. Steve Gallon III and his poll workers that voters should not be ‘wasting their time voting for Dr. James Bush III why because a Dr. Steve Gallon Ill a new comer to Dade County politics was the most qualified in the race. Dr. Steve Gallon III also allegedly served probation as ordered by a New Jersey Court Judge for committing unlawful acts within the state that dealt with his deceiving a New Jersey charter school and milking it out of thousands of dollars. The government said he "should never be allowed anywhere near our public schools". Dr. Steve Gallon III also in part allegedly hired three of his friends to work in New Jersey and paid each of them six-figure salaries despite their lack of qualifications. News articles and reports says that allegedly "Dr. Steve Gallon IIT and two of his cronies were later arrested for "theft by deception” and "fraud" for an unrelated matter. It was also reported that “Dr. Steve Gallon III received $500,000.00 in tax funds to assist three charter schools in South Florida, Students got nothing more than empty promises from Dr. Steve Gallon III.” Dr. Steve Gallon III allegedly as it was reported by Citizen Action Inc. Flyer and the South Florida Sun-Sentinel was placed on a six month probation and banned from holding any future educational employment within the State of New Jersey where he agreed by taking a plea in order to avoid prison time and allegedly there is no indication of Dr. Steve Gallon III civil rights being restored in the State of New Jersey. There in every instances Dr. Steve Gallon III did exactly what the laws prohibited in his acts of misconduct committed against Dr. James Bush II, whereas Dr. James Bush III can provide documents to the court starting with Citizen Action Inc. Flyer, police reports, court documents, videotaped evidence against Dr. Steve Gallon III and his campaign staff misconduct in this case. See Exhibit 7, 8, 9, 10 and 11 Dr. Steve Gallon II and his campaign poll workers actions may have again violated Fla. Stat 104.0615 (2) which says that a person may not directly or indirectly use or threaten to use force, violence or intimidation or any tactic of coercion or intimidation to induce or compel an individual to (10)a. Vote or refrain from voting, ’. Vote or refrain from voting for any particular individual or ballot measure; . Refrain from registering to vote; ot . Refrain from acting as a legally authorized election official or poll watcher; 3. A person may not knowingly use false information to: a. Challenge an individual's right to vote; b. Induce or attempt to induce an individual to refrain from voting or registering to vote; or ¢. Induce or attempt to induce an individual to refrain from acting as a legally authorized election official or poll watcher. 4. Apperson may not knowingly destroy, mutilate, or deface a voter registration form or election ballot or obstruct or delay the delivery of a voter registration form or election ballot 5. A person who violates subsection (2), subsection (3) or subsection (4) commits a felony of the third degree punishable as provided in s. 775.082, s. 775.083 or s. 775.084. Dr. Steve Gallon IMI and his campaign poll workers actions allegedly may have violated Fla. Stat 104.19(1) (a) which says itis unlawful for any person casting a ballot at any election to use stickers ot rubber stamps or to carry into a voting booth any mechanical device, paper or memorandum which might be used to affect adversely the normal election process. Dr. Steve Gallon III and his campaign poll workers provided an official City of Miami Gardens, Florida slate of candidates to be selected or elected by choice was given to them to go into the polling place to be elected by them. Dr. Steve Gallon III actions and his campaign poll workers actions allegedly violates those provisions of this section and the acts are deemed a misdemeanor of the second degree punishable as provided in s. 775.082 or s, 775.083. (11)‘Count VI 6. Dr. Steve Gallon IIT poll worker a Ms. Lacey had to go to court and address this kind of behavior for stalking before the court as mentioned by Dr. James Bush III. The acts of stalking a person is serious misconduct and can be a civil wrong and a criminal wrong in many states because it deals with an instance of stalking or harassing another in an aggressive manner, often threatening and or in an illegal ‘manner. a, In Fla, Stat, 784.048 it says (a) "Harass" means to engage in a course of conduct directed at a specific pperson which causes substantial emotional distress to that person and serves no legitimate purpose. (b) "Course of conduct” means a pattem of conduct composed of a series of acts over a period of time , however short, which evidences a continuity of purpose. The term does not include constitutionally protected activity such as picketing or other organized protests. (¢) "Credible threat" mean a verbal or nonverbal threat, or a combination of the two, including threats delivered by electronic communication or implied by a pattem of conduct, which places the person who is the target of the threat in reasonable fear for his or her safety or the safety of his or her family members or individuals closely associated with the person, and which is made with the apparent ability to carry out the threat to cause such harm or injury to campaign. Itis not necessary to prove that the person making the threat had the intent of actually camry ut the threat. ‘The present incarceration of the person making the threat is not a bar to prosecution under the section. Upon reasonable beliefs an officer can arrest any person he/she believes is stalking another person. Count VI 7. The Plaintiff alleges that Dr. Steve Gallon Il campaign financed report shows that he paid poll workers Ms. Henrietta Belinda Lacey and Ms, Elizabeth Judd approximately $2,690 dollars to work for [12]him during all the elections. This demonstrates that the monetary payments allegedly provided these poll ‘workers with the ability to become very aggressive during the elections and allegedly their aim would be to sway, affect and or use corrupt election practices that overtums allegedly the 2016 elections. In Florida a candidate may be guilty of violating election laws if he/she use any undue influence on elections process, threats, fraud and bribery. Any person perpetrating or attempting to perpetrate or aid in the perpetration of any fraud in connection with any vote cast, to be cast, or attempted to be cast is guilty of a felony of the third degree. It is a felony of third degree to directly or indirectly give or promise anything Thereby exposing voters to becoming verbally abused, harassed, threatened, disrespected, discouraged, intimidated and or criticized for their own independent rights to a freedom of choice leading to their voting for Dr. James Bush III who was also seeking this position. 21 Fla, Jur, 2d Elections 229 (2012), ‘Count VII 8. The Plaintiff alleges that Dr. Steve Gallon III and his campaign poll workers devised a plan to destroy the good name and reputation of Dr. James Bush III whereby they attempted to slander, discredit, and defamed him Dr. James Bush III as a minister of the gospel. In devising this plan allegedly Dr. Steve Gallon III and his campaign poll workers told voters that candidate Dr. James Bush Ill was a liar, and that he didn't meet residency requirements in District 1. The alleged swaying and the corrupt election practices used by Dr. Steve Gallon IIT and his poll workers cause a greater number of voters who probably voted for Dr. James Bush III to change their votes because the false information was given to them or provided to them by Dr. Steve Gallon TIT and the misconduct of both his campaign poll workers a Ms. Hennrietta Belinda Lacey and a Ms. Elizabeth Judd and others again misrepresented the truth about Dr. James Bush III residency. Dr. Steve Gallon III and his campaign poll workers actions may have violated Fla, Stat. 104.271(1) which says any candidate who in a primary election or other election, willfully charges an opposing candidate participating in such election with a violation of any provision of this code, which charge is known by the candidate making such charge to be false or malicious is guilty of a felony of the third degree, punishable as provided in s. 775.082 or s. 775.083 and in addition after (23)conviction shall be disqualified to hold office, (2) Any candidate who in a primary election or other lection, with actual malice makes or causes to be made any statement about an opposing candidate which is false is guilty of a violation of this code, The aggrieved candidate may file a complaint with the Florida Elections Commission pursuant to s. 106.25. The commission shall adopt rules to provide an ‘expedited hearing of complaints filed under this subsection. Notwithstanding any other provision of law, the commission shall assess a civil penalty of up to $5000 against any candidate found in violation of this subsection, which shall be deposited to a the account of the General Revenue Fund of the state. Count IX 9, The Plaintiff alleges that Dr. Steve Gallon II campaign report shows donors and contributors allegedly contributing in a reporting period at least 2 times in excess that appear to allegedly violate Florida's campaign financing laws, Count X. 10. The Plaintiff alleges that the Dade County Supervisor of Elections and the Canvassing board denied Dr. James Bush III a candidate for the Miami Dade County Public School Board District 1 race and his ‘witnesses the opportunity to physically or manually review the counting of all the physical early v. ballots, all the mail in ballots, all the absentee ballots and all the primary election ballots casted in the August 30, 2016 election. The election department upon being notified by Dr. James Bush IIT denied hhim the privilege to physically see ballots and then have the ballots counted manually which by law is a candidate's privilege and rights to do so. Dr. James Bush III was informed by the Miami Dade County Supervisor of Election's Department about approximately 7:30p.m. that all of the ballots had already been tabulated and no other early voting, primary or absentee ballots were available to be counted at this time, Dr. James Bush III was instructed by election's staff to check the retums on their computers and or go to the Miami Dade County Supervisor of Election's website to see the votes; the count excluded the numbers (14)of provisional ballots casted by District 1 voters. Count XI 11. The Plaintiff alleges and reported by several sources particularly by the Miami Herald, Sun Sentinel, My Central New Jersey and Florida Bull Dog where as reported by William Gjebre news article that "Dr Steve Gallon III was banned by the New Jersey Public Schools Board for in Plainfield NJ. When prosecutors charged him with "conspiring to commit theft by deception, and committing theft by deception. In an affidavit New Jersey Superintendent declared under oath that the two assistants and their children lived with him while the children attended a local school. The lies as reported by Mr. Gjebre allowed the children to attend school in South Plainfield costing that school district $10,500.00 during a five-month period, after which the children were moved to a school where they actually lived ‘The Florida Bulldog article stated after their arrests,” "Dr. Steve Gallon III and his two assistants took a deal that allowed them to enter a pretrial intervention program" and they all signed a consent agreement as part of the arrangement to never work in the New Jersey Public School Board System again.” The Florida Constitution provides that no person convicted of a felony is qualified to vote until the restoration of his or her civil rights. Also, the Florida Constitution Art. VII, Section 4 provides that persons who have been convicted of any felony by any court of record and who have not had their right to vote restored pursuant to law are not entitled to register or vote. The supervisors of elections are periodically furnished a list from the clerk of circuit courts of those persons convicted of a felony who reside in their counties. Gjebre, W. (2016) Florida Bulldog Article Banned in New Jersey's public schools, ex-official wants on Miami-Dade School Board Retrieved on September 6, 2016 ‘www floridabulldog,org/2016/04/banned-in-new-jersey-but-ex-superintendent-running-for-a-seat-on-the- miami-dade-county-school-board.” See 21 Fla, Jur, Elections 2d 43. Florida is one of only three states that strip all individuals with past felony convictions of their civil rights, including their fundamental right to vote, but also the right to serve on a jury and to hold public office. In addition, Florida Attomey General Opinion AGO-065 states "A conviction of a felony fas)in trial court will not disqualify the defendant as an elector, candidate for office or office holder, when an appeal is prosecuted from such is prosecuted from such conviction, until the appeal is disposed of by the appellate court. No person convicted of a felony or adjudicated in this or any other state to be mentally incompetent shall be qualified to vote or hold office until restoration of civil rights or removal of disability. ‘The State of New Jersey provides that a person no longer in prison, parole or probation can register to vote without having to restore their voting rights. However, the State of Jersey restoration program does not take away the facts that alleged crimes committed by Dr. Steve Gallon III and or others did not happen as reported, charged and convicted of such a crime, There is a fundamental differences between civil rights and voting rights now being placed under civil liberties. See Exhibit 12, 13 and 14. Civil Rights include; 1. Tobe free from unequal treatment based on certain protected characteristics (race, gender, disability, eto.) 2. Fair treatment in employment. 3. Fair treatment in housing, Civil Liberties include; 1. Freedom of speech 2. The right to privacy 3. The right to be free from unreasonable searches of your home. 4, The right to a fair court tral 5. The right marry 6. The right to vote. [16]‘There appears allegedly to be an established pattem of misconduct by Dr. Steve Gallon III and those that a candidate employ to commit on his/her behalf alleged crimes and or violations of election laws as mentioned in s, 104.061; which gives a candidate a right to challenge a canvassing board certification reporting in an election where alleged misconduct, fraud and corruption existed Count XII 12. The Plaintiff alleges that in reviewing the vote counting of ballot when the count arrived at 5885 ballot casted for Dr. James Bush III that count remained allegedly the same more than normal at 5885 ballots; while Dr. Steve Gallon III and Dr. Wilbert T. Holloway vote tabulations continued increasing; and Dr. James Bush III current vote count remained the same for over 1 1/2 hours before the final count of 6,176 ballots and others as reported by the election office. In addition, Dr. James Bush III allegedly brought claims of misconduct, fraud and corrupt election practices committed by Dr. Steve Gallon III and his campaign but the canvassing board allegedly refusing to acknowledge the Dr, James Bush II election complaints regarding misconduct, fraud, numerous irregularities and corruption taking place allegedly by Dr. Steve Gallon III and his campaign poll workers during the election; no attempts were made by the Canvassing Board to report what Dr. James Bush III uncovered to the Miami Dade County Supervisor of Election's office. See Exhibit 15 and 16 ‘Count XIII 13. The Plaintiff challenges the Miami Dade County Supervisor of Election Canvassing Board Report certifying the Democratic Party Primary Election held on August 13, 2016, but not given a date for certifying the returns of any and all of the elections held in Miami Dade County. The official canvassing board consisted of County Judge and Chairperson Shelly J. Kravitz, County Judge Tonya Brinkley acting on behalf of Christina White Miami Dade County Supervisor of Elections and County Judge Andrew S. a7)Hague, Substitute Member which these individuals constituted the board of County Canvasser in and for said County. According to official certificate of County Canvassing Board the members met on September 3, 2016 AD and proceeded publicly to canvass the votes given for the several offices and persons herein specified for both Democratic and Republican Party Primary Elections as shown by the retums on file in the office of the Supervisor of Elections. Therefore, this election contest and or challenge challenges the certification report based on the misconduct, fraud, corruption and deception of the Miami Dade County Supervisor of Election Canvassing Board Official Report on the grounds that: The certification of the Miami Dade County Supervisor of Election Canvassing Board Official Report is being contested for the following alleged misconduct, fraud and corruption practices by the canvassing board members because the report reflected the wrong date for the Democratic Party primary election commencing for the election. The board report indicated that democratic party primary election begin on August 13, 2016, but the date for the primary election commenced on August 30, 2016 and early voting commenced on August 15, thru August 28, 2016 making the board's report legally deficient and invalid. It is obvious that the canvassing board misrepresented the facts in the primary election which clearly appears to be signs of misconduct, fraud, corruption and deception allegedly by the members of the Miami Dade County Canvassing Board. See Exhibit 16 The certification of the Miami Dade County Supervisor of Election Canvassing Board Official Report is being contested for the following alleged misconduct , fraud and corruption practices by the canvassing board members because the report does not reflect that true nature of Fla. Stat. 102.141 which states by law that the canvassing board consist of those duties that involves the supervisor of elections; a county court judge who shall act as chair; and the chair of the board of the county commissioners. ‘Altemate canvassing board members must be appointed pursuant to paragraph (¢). In the event any member of the county canvassing board is unable to serve, is a candidate who has opposition in the lection being canvassed, or is an active participant in the campaign or candidacy of any candidate who has opposition in the election being canvassed such member shall be replaced as follows: Based on Fla Stat. 102.141 both County Judge Andrew Hague and County Judge Tonya Brinkley was not given the authority by law to serve as members of the canvassing board according to Fla, Stat. 102.141 which now {18}place in question the integrity of the Miami Dade County Democratic Party Primary Elections and the Miami Dade County Supervisor of Elections Canvassing Board's Certification of the August 30, 2016 elections. If no county court judge is able to serve of if all are disqualified the chief judge of the judicial circuit in which the county is located shall appoint as a substitute member a qualified elector of the county who is not a candidate with opposition in the election being canvassed and who is not an active participant in the campaign or candidacy of any candidate with opposition in the election being canvassed in such event the members of the county canvassing board shall meet to elect a chair. If the supervisor of elections is unable to serve or is disqualified the chair of the board of county commissioners shall appoint as a substitute member a member of the board of county commissioners who is not a candidate with the opposition in the election being canvassed and who is not an active participant in the campaign or candidacy of any candidate with opposition in the election being canvassed. The supervisor, however shall act in an advisory capacity to the canvassing board, In an effort to protect the lection integrity this challenge request documentation establishing those appointments if any by the Chief Judge upon the supervisor of elections, county judge and chair of the board of county ‘commissioners stating their inabilities to serve as board members ‘The certification of the Miami Dade County Supervisor of Election Canvassing Board Official Report is being contested for the following alleged misconduct, fraud and corruption practices by the canvassing board members because there is no proof of what date the board certified the Democratic Party primary election after their meeting on September 3, 2016. The canvassing board consisted of 3 members including a chairperson yet there was missing the signature of County Judge Shelly Kravitz from the board signing of the document. County Judge Andrew Hague a substitute member allegedly signed in County Judge Shelly Kravitz place as the board chairperson which allegedly constitute a violation of Fla, Stat, 102.141 This also allegedly appears to be misconduct, fraud and corrupt practices established by the Miami Dade County Supervisor of Elections Canvassing Board members which according to the Fla Stat. 102.141 in the absence of the Supervisor of Elections Dade County must be able to show proof that {19}the Chief Judge made an appointment for County Commissioner Chair or County Judge Tonya Brinkley to serve in the place of Supervisor of Elections Christina White who was absence during the entire canvassing board meetings yet signed off on the August 30, 2016 Democratic and Republican Party Primary Elections in alleged violations of Fla. Stat. 102.141. See Exhibit 15 and 16 Election Challenge Questions 14. Can a candidate and or his staff workers be convicted of a crime and or be sentenced and placed on probation in lieu of incarceration; be involved with a local election after being placed on a Supervisor of Election lists run as a candidate after convicted by any court as provided for by statute or the Florida Constitution within Miami-Dade County? 15. Can a canvassing board or supervisor of election deny a candidate under Florida Election Law or Code his/her right to physically or manually review all the ballots being counted by the Supervisor of Election office after their retrieving all of the ballots back from precincts, early voting, primary election day voting, provisional ballot voting and absentee balloting voting if he and she participated in the election as candidates? 16, Can a campaign or candidate received contributions from a particular business or individual during a particular reporting period of $1000.00 one or more times in an election? 17. Can a candidate get a newspaper and endorsements and then start doing over thousands of dollars in business with the same newspaper that gave him their endorsement which gives the candidate greater influence and access over other candidates seeking the same position? 18. Can elected officials endorse a candidate seeking public office with the intentions of swaying or corruptly influencing voters voting independently and by choice in the local election? [20]19. Can a person be convicted or probation in another state thereby moving to the State of Florida thus resuming the art of voting without first restoring civil rights and or conviction or probation in another state to the Division of Elections? DEMANDS FOR RELIEF That the court order a manual recount and examination of all absentee ballots, mail-in ballots, provisional ballots, early voting ballots arid the August 30, 2016 primary election day ballots in his chambers. That Dr. James Bush II a candidate for the Miami-Dade Public School Board District 1 race demand a new Dade County Schoo! Board District 1 election and be given the opportunity to physically review each ballot casted during early voting, absentee ballot voting, mail in ballot voting, provisional ballot voting and review of all ballots casted during the August 30, 2016 primary elections which allows ‘the court an opportunity to manually inspect and order a recount due to the level of alleged misconduct, fraud and corruption present and amongst Dr. Steve Gallon III and his staff using alleged absentee balloting fraud and tampering of votes, intimidation and threats made during carly voting made at the North Dade Regional Library Precinet located at 183rd Street and Northwest 24th Avenue, Miami Gardens, FL, ‘That Plaintiff demand that Dr, Steve Gallon III be disqualified as a candidate due allegedly to his ‘pass criminal background and conviction in the State of New Jersey. Dr. Steve Gallon Ill avoided going to prison by allegedly accepting probation as terms and conditions, and he agreed never to work for the State of New Jersey educational system thereby allegedly forfeiting his certification and questions his eligibility to run Florida Constitution Art. VIL, Section 4 provides that persons who have been convicted of any felony by any court of record and who have not had their right to vote restored pursuant to law are not entitled to register or vote. The supervisors of elections are periodically furnished a list from the clerk of (21)circuit courts of those persons convicted of a felony who reside in their counties. See Gjebre, W. (2016) Florida Bulldog Article Banned in New Jersey's public schools, ex-official wants on Miami-Dade School Board Retrieved on September 6, 2016 ‘www floridabulldog.org/2016/04/banned-in-new-jersey-but-ex-superintendent-running-for-a-seat-on-the- miami-dade-county-school-board.” See 21 Fla, Jur, Elections 2d 43 Florida Election Code also provides that persons who have been convicted of any felony by any court of record and who have not had their right to vote restored pursuant to law are not entitled to register or vote with prior convictions in another state and or for committing such alleged misconduct, fraud, and all the above alleged corrupt elections as reported by Dr. James Bush Ill and his campaign ‘workers who were harassed stated that voters at precincts were exposed to the misrepresentation and truth about Dr. James Bush III residency requirements prior to the office, ‘That Dr. Steve Gallon IIT and his campaign poll workers staff a Ms. Hennrietta Belinda Lacey. Each of these individuals allegedly during this election should be held civilly liable for their slanderous, defaming and derogatory comments that involved Dr. James Bush III integrity and characteristic as a candidate, minister and as a law abiding citizen, Dr. James Bush III probably lost a great number of votes due to Dr. Steve Gallon III and his campaign poll workers falsely representing his residency requirements within a local school board District 1 race. There were a number of votes that would have gone to Dr. James Bush III had not Dr. Steve Gallon III and his campaign staffers would have destroyed the costly campaign materials purchased to effectively get his message out to voters. For example signs placed on personal property and residential fences were taken down, destroy and allegedly removed by Dr. Steve Gallon III and his poll workers who in fact allegedly interfered with this process on early voting and the primary election day and in most cases prevented Dr. James Bush III from gaining access to some of the voters. Therefore Dr. James Bush Ill name should replace the name Dr. Steve Gallon III on the November 8, 2016 General Election ballot with Dr. James Bush III based on his eligibility and his misconduct for those reasons or purposed. If the court find him ineligible to run as a candidate due to his allegedly misconduct, fraud, corrupt election practice and conviction of a crime, [22]Dr. James Bush III name should be placed back on the ballot and that Dr. Steve Gallon III name removed from the race. In addition, since Miami Dade County School Board District 1 member a Dr. Wilbert T. Holloway did not engage in any alleged misconduct, fraud or corruption. ‘The plaintiff a Dr. James Bush IM call upon the court to order a disqualification of Dr. Steve Gallon III or a new election because of alleged violations of Florida Election Laws 104.0515 and 104.0615. Dr. James Bush III demand that Dr. Steve Gallon III provide proof to the court that his civil rights in the State of New Jersey was restored and that he is eligible to seek public office in Dade County, FL. If the convicted was allegedly disclosed by Dr. Steve Gallon Ill to the Miami Dade County Supervisor of Elections the department would have been required by statute to disqualify Dr. Steve Gallon III immediately upon receipt of this new information, This failure to disclose a conviction and terms for being sentenced and placed on probation by State of New Jersey Court for alleged "theft by deception" and "fraud" would have allegedly been disqualified however in Florida there is no automatic restoration of voter's rights. Fla, Stat. 102.168 focuses on whether or not failing to disclose this information to the Supervisor of Elections is an act of misrepresenting his qualifications and/or certification; where his experience as a President and CEO of a charter school ended up with his being banned by the State of New Jersey and his certification license in that state as a condition of probation had been suspended and/or revoked. Dr. Steve Gallon III made this arrangement with the state attorney in New Jersey to avoid prison time which if he had allegedly not misrepresented his qualifying documents, Signed DR. Aste BUSH III, PRO SE FORMER CANDIDATE MIAMI DADE COUNTY PUBLIC SCHOOLS, DISTRICT 1 et. al 1441 NW 196TH STREET MIAMI GARDENS, FL 33056 786-499-9493, CERTIFICATE OF SERVICE THEREBY CERTIFY that a true copy of the foregoing has been sent by U.S. Mail, hand [23]delivered and/or via email to the following indispensable party defendants on or before 12th September 2016 DR. STEVE GALLON Il CANDIDATE MIAMI DADE COUNTY PUBLIC SCHOOLS, DISTRICT 1, et. al TT NW. 167th TERRACE MIAMI GARDENS, FL 33056 HENNRIETTA BELINDA LACEY. DR. STEVE GALLON Ill CAMPAIGN POLLWORKER, et. ¢ 20073 NW 36TH COURT MIAMI GARDENS FL 33056 ELIZABETH JUDD DR. STEVE GALLON Ill CAMPAIGN POLLWORKER, et. al 18300 S, RIVER DRIVE ‘MIAMI, FL 33168 CHRISTINA WHITE, MIAMI DADE COUNTY SUPERVISOR OF ELECTIONS AND CANVASSING BOARD, et. al 2700 N.W. 87TH AVENUE MIAMI, FL 33174 305-499-8400 COMMISSIONER SCOTT THOMAS FLORIDA ELECTION COMMISSION, et. al. 107 WEST GAINES STREET COLLINS BUILDING, SUITE 224 TALLAHASSEE, FL 32399-1050 850-922-4539 MARIA MATTHEWS DIVISION DIRECTOR, ct. al. DEPARTMENT OF STATE FLORIDA DIVISION OF ELECTIONS ROOM 316, R.A. GRAY BUILDING TALLAHASSEE, FL 32399-0250 850-245-6520 Signed DR. ‘ial BUSH IIL,’PRO SE FORMER CANDIDATE MIAMI DADE COUNTY PUBLIC SCHOOLS, DISTRICT | et. al 1441 NW 196TH STREET MIAMI GARDENS, FL 33056 786-499-9493, [24]