La Demanda del Comité RR Radicada en Contra de Jorge Dávila y el PNP Que Retiraron – Error u Horror de Grandes Proporciones Igualito A AGaPito

La Demanda del Comité RR Radicada en Contra de Jorge Dávila y el PNP Que Retiraron – Error u Horror de Grandes Proporciones Igualito A AGaPito

{Esta Demanda la preparó alguien Sin Experiencia, no sabe expresarse en inglés y es jurídicamente errónea.

Los errores gramaticales, sin leerse la Ley Electoral, desconociendo los principios elementales de las acciones de derechos civiles, harán de esta novatada historia como lo mal que se puede hacer una demanda aun en el Foro Federal.

No tiene fundamento jurídico. Está basada en la especulación de una teoría sin base fáctica, supuestamente para que los PPD no ayuden a elegir al Candidato de menos probabilidades en las elecciones generales, lo que es un desespero mediático.

Tiene muchos errores de forma y sustancia.

Supuestamente es para defender los derechos civiles de los del PNP, pero cierran las puertas a los No Afiliados o a los de otros Partidos que intresen y tienen derecho a convertirse en PNP’s. No permite que la Estadidad y el PNP crezcan, lo que es un contrasentido.

Es un asunto político, no ajusticiable.

La experiencia es que en el 2008 algunos No Afiliados y hasta PPD’s votaron en la Primarias y en las elecciones por el PNP, y se quedaron en el PNP y fueron los que le dieron la victoria a la Estadidad en el Plebiscito.}

Para el COMPLAINT Radicado:

https://www.dropbox.com/s/j3ev6wsvz01ufr5/4-27-16%20Complaint%20RR-PNP.pdf?dl=0

https://mail.google.com/mail/u/0/?ui=2&ik=4162e8b4f3&view=att&th=154598c86128837d&attid=0.1&disp=inline&realattid=f_injcrj1g0&safe=1&zw

La Demanda de RR en Contra de Jorge Dávila y el PNP

“La demanda radicada por el equipo de Ricky es productode la desesperación”

San Juan, PR- El Director Ejecutivo del Comité de Campaña de Pedro Pierluisi, el licenciado Alejandro Figueroa, calificó como un acto de desesperación la radicación de una demanda en el foro federal por parte del equipo de Ricky Rosselló contra el Comisionado Electoral del Partido Nuevo Progresista (PNP), Jorge Dávila, y el aspirante a la comisaría residente, Carlos I. Pesquera.

En síntesis, la demanda alega que existe un esquema para permitir que personas no afiliadas al PNP participen de la primaria que llevará a cabo dicha colectividad el próximo 5 de junio de 2016.

“Es evidente que están desesperados ante la caída estrepitosa de la candidatura de Ricky. En primer lugar, la demanda es una chapucería, está plagada de disparates jurídicos, gramaticales, ortográficos y de traducción. Como si fuera poco, la demanda pretende coartar el derecho que tiene todo elector de afiliarse al PNP para votar en la primaria”, señaló Figueroa.

Errores como la Demanda radicada por el Comité de RR es de niños, copiándose de AGaPito y Maduro. Es una Barrabazada Jurídica.

El ejecutivo de la campaña de Pierluisi resaltó que la demanda es un disparate a tal grado que ni contempla que el Código Electoral provee para que los electores se afilien el día de la primaria con la mera firma del registro electoral. En ese sentido puntualizó que el Artículo 7.07 de dicha ley provee para que los partidos políticos utilicen el registro electoral de las correspondientes primarias como Registro de Electores Afiliados a dichos partidos.

“Le recordamos al equipo de Ricky que el partido que fundó Luis A. Ferré atrajo miles de electores para ganar en el 1968 y así nutrimos el partido de gente que se une al ideal de la estadidad. De hecho, no podemos olvidar que fue el padre de Ricky quien trajo al PNP a Bobby Rexach, a Peña Clos, al Juez Melecio, entre otros que militaron en las filas del PPD.  Tampoco podemos olvidar que la ex Senadora Norma Burgos, quien figura como demandante en el recurso legal, militó en las filas del Partido Renovación para la década de los 80 y cuando decidió hacer su entrada en las filas del PNP nadie le negó el paso”, añadió el licenciado.

Por último, Figueroa sentenció que la orden emitida por Ricky para el retiro de la demanda es un ejemplo claro del peligro de escoger un candidato que ante su falta de experiencia y falta de capacidad dependerá de otros para gobernar. “Ricky tiene varias preguntas que contestar. ¿Autorizó a su equipo a radicar la demanda? Si lo hizo, ¿por qué solicitó que la retiraran? Si no lo hizo, ¿quien manda en su campaña? Me cuesta pensar que alguien que no ordena que se radique un escrito legal de esta naturaleza sea quien solicite que se retire el mismo.  Lamentablemente el pueblo de Puerto Rico no puede arriesgarse a que cosas como ésta sucedan en un gobierno entrante. Así es que ha funcionado el gobierno de García Padilla y miren lo que nos ha costado”, finalizó.

_______________________________

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IN THE UNITED STATES COURT FOR THE DISTRICT OF PUERTO RICO

CIVIL NO.

ANUEL HERRERO GARCIA, RAMON BAUZA

ESCOBALES, HONORABLE NORMA BURGOS,

HONORABLE ANIBAL VEGA  BORGES,

and    HONORABLE    RICARDO    LLERANDI

RE: DECLARATORY JUDGMENT, PRELIMINARY AND PERMANENT INJUNCTION

 

COMPLAINT

TO THE HONORABLE COURT

CO:tvfES NOW, Plaintiffs MANUEL HERRERO GARCIA, RAMON BAUZA ESCOBALES, HONORABLE NORMA BURGOS, HONORABLE ANIBAL VEGA  BORGES, and    HONORABLE    RICARDO    LLERANDI    through   their   undersigned attorneys and RESPECTFULLY STATE , ALLEGE AND PRAY:

1. JURISDICTION AND VENUE

This actions arises under the United States Constitution, 15th Amendment, Section l, which protects the right to vote of all United States citizens, the Federal Relations Act of 1917 Jones-Shafroth Act (Pub.L. 64-368),  39 Stat. 951 which  creates the position  of the Puerto   Rico

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Resident Commissioner as a Federal Congressman, therefore member of the Congress of the United States. It also arises, under the judgment entered by the United States Supreme Court in the cases of California Democratic Party et als v Jones et al 530 U.S. 567 (200), Anderson v United States , 417 U.S. 211 (1974) and others that decided that elections and primaries  in which the ballot includes the names of both federal and non federal candidates often referred as mixed elections are federal elections . Please also refer to the U.S. Court of Appeals for the 7th Circuit in the case of United States v. Cole, 41 F3d 303 (7th Cir. 1994) and by the US Court of Appeals for the 6th Circuit in United States v Sloan, 411 F3d 643 (6th Cir. 2005). Venue is of this Hon. U.S District Court for the District of Puerto Rico( PR) pursuant 28 U.S. C. 1391, because the claim arose in this Judicial District. The right to vote is also protected by the PR Constitution, Article 2 Bill of Rights, Section 2 and by the Electoral Act of Puerto Rico, (Pub. L 78-2011 as amended)

1. THE PARTIES

1. PLAINTIFFS

1. Plaintiff MANUEL HERRERO GARCIA, Esquire is the Electoral Director of the Candidate for Governor Dr. Ricardo Rossello Nevares (Dr. Rossello. Plaintiff Manuel Herrero Garcia is in charge of all the Electoral Matters of the Candidate Dr Rossello, including all Electoral Matters of the Primary to be held by the New Progressive Party( NPP) on June 5, 2016 in the Commonwealth of Puerto Rico (PR). Plaintiff Manuel Herrero Garcia Esquire is an experienced attorney in Electoral Law, including he was the Electoral Commisioner of the NPP) in the PR State Elections Commision.In his actual position he has the duty to protect the thousands votes of the United States Citizens Electors who will vote in said primary for Dr. Rossello .

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His address is Ricardo Rossello Governor 2016 Committee PO Box 16412 San Juan Puerto Rico (PR) 00908.

2. Plaintiff RAMON BAUZA ESCOBALES   is considered the better expert in  Puerto Rico  in

Electoral Regulations, Administration and all kinds of Electoral Matters. He was for many years the Vice President of the Puerto Rico State Elections Commission. He is the Associate Director in Electoral Matters of the Dr. Ricardo Rossello Nevarez 2016. He started to become famous during the close Scrutiny of the 1980 Elections in Puerto Rico where he predicted almost exactly the final result of said Vote to Vote Scrutiny. He was also the the PR R Secretary of State Elections Commison. Also he was an Electoral Commsioner. After that he has participated and or being a consultant and an expert in almost all Elections of Puerto Rico. His address is Ricardo Rosselle Governor 2016 Committee PO Box 16412 San Juan PR 00908.

3. Plaintiff HONORABLE NORMA BUGOS, is a Professional Planner, a former Past President of the NPP, a former 1st NPP Vice President, a former PR Liutenant Governor and /or PR Secretary of State, a four (4) term PR Senator, a former President of the PR Planning Board. Her address is 10 Sevilla Terralinda Caguas PR 00727.
4. HONORABLE ANIBAL VEGA BORGES is the actual NPP Mayor of the City of Toa Baja PR, he is a former Spokesman of the NPP in the House of Representatives where he was a three (3) term Representative of the House of Representatives of PR. His address is City Hall, Toa Baja Puerto Rico 00949

5. Plaintiff HONORABLE RICARDO LLERANDI is a young NPP Representative of the House of Representatatives of Puerto Rico. He is also the youngest leader in the Arecibo District and the most prominent leader in the District of Arecibo . His address is House of Representatives Capitol Building San Juan Puerto Rico 00901.

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B.  DEFENDANTS

1. Defendant ENGINEER JORGE DAVILA (Commisionner Davila) is the actual NPP  Electoral Commissioner and is the officer of the party in charge of the NPP Primary. Therefore he has recommended, is implementing and is responsible of the acts that are questioned or issues in this Complaint and has caused the filing of this Complaint before this Honorable Federal United States District Court of Puerto Rico. His address is NPP Committee 306 Ponce de Leon Avenue Comer Roosevelt Avenue, Hato Rey San Juan, Puerto Rico
2. Defendant ENGINEER CARLOS PESQUERA(Eng. Pesquera) is running for the Federal position of Resident Commissioner in Washington D.C. and is implementing and responsible for the acts that are questions or issues in this Complaint and has caused the filing of this Complaint before this Honorable Federal United States District Court of Puerto Rico. Eng. Pesquera has been defeated in all the Elections or Primaries in which he has run. He has never won a Primary in PR . He has never won an Election in PR. Eng. Pesquiera has never occupied an elected position in PR. Eng. Pesquera has been defeated by Former PDP Governess Honorable Sila Calderon and former by NPP Governor Honorable Pedro Rossello, in the two (2) electoral  events that he has participated. His address is NPP Committee 306 Ponce  de Leon Avenue Comer  Roosevelt Avenue, Hato Rey, San Juan  PR 00918
3. Defendant HONORABLE LISA GARCIA VELEZ is the President of the PR State Elections Commision. Her address is Calaff St. Side of Jose Miguel Agrelot Coliseum, Hato Rey, San Juan PR 00918. She is a formal party in this case because the PR State Elections Commision supervises by mandate of the Law the Primaries of the parties the indicated State

INTRODUCTION

Defendants in this Complaint are NPP Commissioner Davila and  Eng. Pesquera

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They are the New Progressive Party (NPP) Electoral Commissioner and the Candidate for the Federal Position of Resident Commissioner in Washington D.C. Venue is of this Honorable US District Court for the District of Puerto Rico pursuant 28 USC 1391, because, as detailed herein, the claims arose in this Judicial District

On next June 5.2016 Puerto Rico will have the primaries of the local political parties in conformity with the Legal System, the Constitution of the United States of America, the Constitution of the Commonwealth of Puerto Rico, the applicable Laws, Rules and Regulations and Manuals and the Federal and State Jurisprudence.

Ithas always been the ideal situation that the Primaries  should be conducted with the best  of the rules and conditions for the benefit of all the electors and/.or atTJliates of the NPP .The plaintiffs have done every possible effort inthat sense. Unfortunately  the defendants  actions have left no other choice except the filing of this Complaint and also to request an investigation  from    the Federal authorities in order to stop the violations of the integrity of the NPP and the sacred democratic rights of the NPP  electors. Defendants NPP  Commissioner Davila  and Eng.Pesquera  are the ones who has caused, promoted  , and   are profiting  from the actions that are the   reasons

and issues of this Complaint.

1. RELEVANT FACTS

1.A Primaries Commission exists and/ or is mandated by the Electoral Law of Puerto Rico in Article 8.006 of the same. The indicated Commission will direct and inspect the mentioned primaries and will put into effect the Law Rules, Regulations and Manuals approved by the Directories of each Local Party. The Rules, Regulations and Manuals can NOT be ultra vires, therefore they  have to comply with all the Legal System of Puerto Rico and of the Federal Jurisdiction.

2. The positions of Governor and of Resident Commsioner, this last one a Federal Elected Position, among other positions are in
3. At the present the President of the NPP is Honorable Pedro Pierluiss who is the Resident Commissioner in Washington C. , but he is NOT the object of this Complaint.

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Honorable Pedro Pierluisi is NOT the object and is NOT a party in this Complaint. What is indicated as to his position is only introductory and /or informative and/or a formality.

4. Pesquera is running for the Federal position of Resident Commisioner of Washington D.C. on the June 5, 2016 NPP Primary.
5. The Electoral Commisioner of the NPP, n this case Commissioner Davila according to the Local PR Electoral Law is the one who directs the Local Primaries of the New Progressive Party (NPP). That has always been the tradition in Puerto Rico. The situation however becomes more sensitive when the Candidate for Governor Dr. Rosseilo Nevarez who is also running in the NPP Primary does not occupy any real power position inthe structure, Board of Directors or Directory of the New Progressive Party (NPP).

6. Inaddition in this primaries of the NPP there are two candidates for the Federal position of Resident Commisioner in the Washington C. Congress. One is Engineer

defendant Pesquera and the other is a former Speaker of the House of Representatives and actual NPP Spokeswoman in the House of Representatives Honorable Jenniffer Gonzalez.

7. It is the first time that the indicated situation happens in a local party in Puerto
8. In2004 when the Honorable Resident Commisioner of Washington C. Honorable Anibal Acevedo Vila nm for Governor for the Popular Democratic Party , hereinafter refered as· the PDP Party, said party neither had primaries for the position of Governor nor have primaries for the position of Federal Resident Commisioner.
9. The contestant Rossello Nevarez is NOT a member of the Directory of the NPP was made or given promises that his electoral representatives will be taken into consideration for any changes in the Rules and Regulations and Manuals of the NPP, but they were neither called nor consulted or taken into consideration in any way. Dr. Rossello is NOT an establishment candidate.

10. Article 023 of the Puerto Rico Electoral Law (16 L.P.R. A. 4133) gives the option

to the political parties to request from the voters in primaries to be affiliated to the party, in this case the NPP. The NPP on the meeting of the Directory of Tuesday October 13, 2015 approved or requested in their Rules and Regulations the affilitation to the NPP of the voters inprimaries

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11. Inthe Rules approved on October 30, 2015 the NPP included the prohibition to electors who are not affiliate to vote in Please refer to Section 5.22 of the Rules approved on October 13, 2015. The prohibition provided as follows:»1. That the voteris not an atTiliate or member of the corresponding party».Appendix Page (Ap.) 1
12. The Regulations or Manual approved on October 30, 2016 inrelation to said prohibition provided on Section F-4 the following: «You may challenge any person intending to vote in the primary elections of a party based on the fact that he is not a member of the concerned party even ifthe Request of Affiliation has been signed»

(Ap. 2).

13. Therefore until March 18, 2016 the Rules and Regulations specifically prohibited that electors NOT affiliated to the NPP voted inthe NPP
14. Suddenly, surprisingly on Friday March 18, 2016 the NPP Commissioner change completely the Rules and the Regulations without the consent of the contestant Dr.Rossello and without inviting him or any of the Staff of his Committee to the alleged meetingwhere the Rules and Regulations were changed to ELIMINATE COMPLETELY THE PROHIBITION THAT NO AFFILIATES TO THE NPP VOTE IN THE NPP PRIMARY

From the Original Manual  of October  2015 the following phrase or citation  of the previous paragraph was eliminated, the cited sentence provided: «You may challenge any person intending to vote in the primary elections of a party based on the fact that he is not a member of the concerned party even if the Request of Affiliation has been signed» (Ap. 3).

15. The same situation of the Rules indicated in the former paragraph 14 happened to the Manual or Regulations approved also on March 18, The new Manual or Regulations

provides as follows:

«A(1) VOTERS WITH RIGHT TO VOTE

At the New Progressive Party Primaries, the following voters that comply  with

ALL the six requirementswill be allowed to vote:

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A-1(5) That they affiliate once they sign the Voting List.•.»

(Ap. 4)

16. The Meetings CONVOCATIONS for the Extraordinary Meetings of the Board for October 13, 2015 and for March 18, 2016 did NOT include any agenda, both only indicating as follows»Under instructions of our President, Atty Pedro R Pierluisi, you have been summoned to an Extraordinary Meeting of the Board under Article 30, 31, and 85 of the Rules of Our Party and will be held, as indicated as follows:..Date.•.,

Time…,Place ROMERO BARCELO ROOM PNP COMMITTEE .•.»The

CONVOCATION  for the meeting  of Friday March  18, 2016 indicated also «LUNCH  WILL   BE SERVED»(Ap. 5, 6)

17. The effect of the aforementioned act of the NPP Commissioneer Davila is the unavoidably opening of the doors or gates of the NPP to the affiliates of the PDP to vote in the NPP primary for the candidates that are running in the NPP .

• On a recent message a Person identified as Antonio Sagardia, Antonio Sagardia@tony sagardia RETWEETS 6 LIKES 3 indicated as follow dated 8:56- 7 Apr 2016 :

«My Popular Friend: Don’t forget the assignment. You need to get one Voter to vote inthe NPP Primary. For your children and for PR «(Ap.  7)

19. There is also information that there are also conspirators in the PDP, specially local leaders that are promoting the participation inthe NPP primaries of affiliates of the PDP .The political objective is obvious the PDP affiliates are interested in the candidates of the NPP who win the primary to be the more easy to manipulate by the PDP affiliates, with the final objective also of either winning the PDP the General Election or to control de NPP if the NPP wins the General Elections. It is common sense political manipulation what the PDP affiliates are interested when voting in the NPP Primary,

20 The strategy of the PDP is that  by making win inthe NPP   Primary the candidates

that the PDP considers more vulnerable, then the PDP will have s a better opportuninty either to win the General Election and/or to politically control the government alleged won by the NPP. Far from strategy, it is a violation of the integrity of the NPP organization and real affiliates.

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21. Politics is not a children game. Corruption isnot politics, April 18, 2016 that indicates:

«To all popular  party voters that inscribed to vote in the primaries

of the NPP we welcome You. We hope to see you June 5″(Ap. 8)

22. It is really impossible in the primary to recuse a voter for not being affiliate, when the Regulations and Manuals of the NPP has eliminated the basic ground of non affiliatio
23. The elimination of non affiliation as a motive for recusation in the primary was done without a proper notice in the Directory meeting Agenda, without t notice to the contestant candidate Dr. Rossello, specially at the backwards of the Committee and thousands of electors who are followers of Dr. Rossello for Governor and of Candidate Jenniffer Gonzalez for the high Legislative position of Federal Congress Resident Commissioner of Washington D.C.

24. Ifit a fact that the electors have the right to vote, but it is also a fact that  electors have to comply with the Legal System to excersice the right to vote which includes mandates of the Constitutional, Statutory, Regulations, Rules, Manuals and Jurisprudence requisites.The right to vote is NOT Among the requisites are to be affiliates of the party in which they vote in primaries. Signing an Electoral Voters List the day of the Primary or even the General Election day  is not equivalent to being an affiliate of any party at all.
25. Our Electoral System does not tolerate anarchy neither in the electoral system nor in the behavior of the electoral officer or the
26. A political party in order to be recognized as such have to comply to many requisites and regulations. Political parties are public entities of the State and/or of the Nation. As such their principles and integrity have to be respected by politicians, specially politicians who are candidates to elected official positions and also such principles and integrity of the parties have to be respected by candidates who run under said party emblems. Otherwise they should run as independent candidates or in write ·The Electoral Constitutional, Legal, Regulations and Manual and Jurisprudence System has to be respected and followed stricty by the followers of all Candidates.
27. Our Electoral System is not based in

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APPLICABLE  LAW

Our constitutional system of representative government works when the worth of honest ballots is not diluted by invalid ballots procured by corruption. As the US Supreme Court stated inAnderson v United States 417 U. S.211(1974).When upholding a federal conviction «every voter for a candidate with little chance of winning or for one with little chance of losing, has a right under the Constitution to have his vote fairly counted , without it being distorted by fraudulent cast votes»When the election process is corrupted democracy isjeopardized. The effective prosecution of corruption of the election process is a significant federal law enforcement priority.

2. The Word Reference Dictionary of the Internet defines CORRUPTION AS ALTERATION OF THE FORM OR STRUCTURE OF Promoting,advocating, facilitating and allowing members of the PDP to vote in the NPP Primary ignites the red flag of CORRUPTION.
3. InAnderson v United States, supra, the Supreme Court of the United States also indicated the following:

«When election crime exists,public corruption of some form is also present. This is so because election crime is driven by a motive to control governmental power for corrupt purpose. There are reasons why election crimes prosecutions may present an easier means of obtaining convictions than do other forms of public corruption. ..

Election crimes involve many players. For example successful voter bribery schemes require numerous voters. Federal Jurisdiction over election fraud is easily established in Elections when a federal candidate in on the ballot. This generally occurs in what are called «mixed»elections. When federal and nonfederal candidates are running  simultaneously  . Insuch cases the federal interest is based on the presence of a federal

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candidate, whose election may be tainted, or appear tainted, by the fraud, a potential effect that Congress has the constitutional authority to regulate under Article 1 Section 4 Clause 1; Article II Section l, Clause 2; and the Seventh Amendment. »

4. Inthe primaries of the NPP to be held on June 5, 2016 two (2) candidates are running for the Federal position of Resident Cornmisioner in Wsahington D. C. , they are Honorable Jenniffer Gonzalez and Engineer Carlos Pesquera.

5. InAnderson v United  States supra it was also indicated  as follows: «Four characteristics of the federal criminal justice system support prosecution of election crimes despite the primary role of the Federal grand juries, the secrecy requirements of which help protect the testimony of witnesses who tend to be vulnerable to manipulation and intimidation.Federal trial juries. Resources to handle the labor- intensive investigations required for successful prosecution. Detachment from local political forces…Criminal prosecution is most appropriate when the facts demonstrate that the defendant’s objective  was to corrupt the process by which voters were registered or by which ballots were obtained, cast, or counted…

Elections inwhich the ballot includes the names of both federal and nonfederal candidates, often referred to as «mixed»elections, are «federal elections»for the purpose of the federal election crime status.»

The publicity and the manuals changes referred demonstrates that the NPP Commissioner and Eng. Carlos Pesquera allow or tolerate that PDP Electors vote in the NPP Primary. It is not a publicity to promote the PDP or independent voters or affiliates of other parties to change and became supporters of the NPP. It is directed to the PDP electors to vote in the NPP Primary.

One thing is to promote the change of an elector from one party to another or from indepdent voters to change to a particular party and another thing is to promote the PDP Electors to just vote in the NPP Primary to change the result of the NPP Primary while remaing being PDP affiliates. The intended sophisticated publicity is a non permitted invasion of the  NPP.

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6. InUnited States v Cole 41 F3d303 (7th 1994) the Seventh Circuit held that Federal Jurisdiction is ·satisfied as long as a single federal candidate is on the ballot-even if the federal candidate is unopposed-because fraud in a mixed election  automatically   has an impact on   the

integrity of the federal election process.

7. Please also refer to United States v Sloane 411F3d 643 (6th 2005).
8. The NPP candidate for Federal Commissionner in Washington D.C. Eng Pesquera has been making public appereances with a local leader of Guanica inviting the affiliates of the PDP to vote in the NPP primary. Eng. Pesquera run for Governor as the NPP candidate on 2000 and was defeated by Governess Honorable Sila Calderon who run for the Inaddition Eng. Pesquera run again on 2004 for Governor and was defeated in the NPP by former Governor Honorable Pedro Rossello Gonzalez.  Eng. Pesquera  is now  running in the NPP primary  for the Federal position of Resident Commisioner in Washington D.C. and his constestant in the NPP primary is Honorable Jenniffer Gonzalez who is a former Speaker of the House of Representatives  and at the present  she is the Minority Leader of the same.

9. On the other hand the Electoral Law of Puerto Rico provides in Article 001 among the RIGHTS OF THE ELECTORS (16 L.P.R. A. 4061 ) the following ones: (4)the right of the elector to affiliate to the party of his or her preference and to endorse the candidates to the positions under the party logo, (5)the right of the affiliated electors to participate in the drafting of the internal rules and regulations of the party and of the programatic issues of their respective political parties, and also in the election of the candidates of said party, (6) the right of all affiliated elector to dissent inrelation to matters that are under the consideration of their respective political parties that are not of programatic or regulatory matters, (7)the right of the affiliated electors to due process of law in all internal disciplinary procedures, and in the same manner in all deliberations processes and decisions of their political parties, (8) the right of all affiliated elector to aspire to be the candidate of itsparty and to request primaries inhis or her political party and to the celebration of said primaries in conformity with the warranties , rights and procedures established or mandated by the law, (9) the right of all affiliated electors to receive information in relation of how his or her political party is using the party ‘s funds.

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receive information in relation of how his or her political party is using the funds of the party::

10. Articles 7.007 and 008 of the Puerto Rico Electoral Law (16 L.P.R. A. 4097 and 4098 ) authorize the political parties of Puerto Rico to form an Affiliation Register and to use it inthe celebration of the primaries of said party and even it mandates the Electoral Commission of Puerto Rico to draft and provide to the parties the special application forms in order that the electors of said party can be affiliated.
11. The information is that NPP have always have had a Register of Affd’ iates, although it has not used it. As indicated in regulations and manuals, however the reason for non affiliation existed as a cause of recusation until Defendant actual NPP Commisioner Davila eliminates said disposition.

12. The aformentioned decision to eliminate the requisite of affiliation by the NPP Comissioner

with a deficient or wrong notice and/or without due processof  law since March 2016 is ultra vires and contrary to the provisions of the Constitution of the United Sates of America, the Constitution of Puerto Rico, the Electoral Law of Puerto Rico, the Federal Jurisprudence, the State Jurisprudence, the Rules, Regulations and Manuals of the NPP and of the Electoral System of PR and also clearly to the NPP Affiliates rights. The reality will be that the annonunced NPP primary of June 5,2016 will be for all practical and legal purposes a non allowed or prohibited JOINT NPP-PDP Primary. The final clear outcome or undesirable event is that the affiliates of the PDP will be deciding which candidates of the NPP will be the candidates of the NPP inthe General Elections to be held on November 2016. The Democratic Electoral system has never promoted such situation in the Party Systems. Democracy is for everybody not only for the convenience of some candidates.

13. The following cases decided that it is sufficient under Section 1973 i(c) that a pattern of corrupt conduct took place during a mixed election; inthat situation it is presumed that the fraud will expose the federal race to potential harm United States v Sloane, supra, United States v Cole 3d 303(7th Cir.1994),States v Olinger 759 F2d 12939(7 th 1985), Unite.s States (U.S.)v Saenz 747 F2d 930(5th  Cir.  1984),U.S. v Garcia  719   F2d  99), U.S.v  Carmichael

 

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685 F2d 903(4tb Cir.1982), U.S.v Mason 673 F2d 737(4tb Cir. 1982), U.S.v Mal.may 671

F2d 869 (5th Cir. 1982), U.S.v Bowman 630 F2d 1003(5th Cir. 1981), U.S.v Sayre 552 F Supp.WD Mo.1981) U. S. Simms 508 F Supp.(W.D. La. 1979).

I4. Also refer to US SENTENCING GUIDELINES MANUAL (U.S.S.G)2H2(3) 6that provides «ifthe defendante (A)solicited, demanded, accepted, or agree to accept atiythif1g of value to vote, refrain from voting ,vote for or against a particular candidate, or register to vote, (B)gave false information to establish elegibility to vote or•••»In this case and the matter or object  of this writing the NPP Primary will be having the situation or situations that any PDP affiliates or PDP affdiates who signs the list of voters in the NPP primary WILL BE GIVING FALSE INFORMATION TO ESTABLISH ELEGIBILITY TO VOTE IN THE NPP PRIMARY. The mechanism of recusation for non affiliation has been either eliminated or is NOT effective for practical purposes, because the person is not prohibited to vote, it depends on a Jater analysis after the votes and results are publicly announced. The situation isworst if the movement of the PDP affiliates doing that behavior includes hundreds of persons or thousands of electors. The mechanism of recusation is also NOT effective in any manner among other reasons because the NPP and the candidates for Governor Dr.Rossello and the candidate for Federal Resident Commisioner in Washington D.C. Jennifer Gonzalez and other NPP candidates will need an army of thousands of electoral officers to defend them from said unusual, and/ on the verge of corruption situation .The NPP will be dealing with something that is impossible to defendend not to mention excessively expensive in resources,including the special electoral training needed. THE TIME HAS COME THAT THE NPP DECIDES WHO ARE GOING TO BE THEIR CANDIDATES AND NOT AN INVASION OF PDP AFFILIATES DESGUISED AND IN CONCERT WITH SOME NPP CANDIDATES .

The actual Rules and Regulations for Primaries of the PR State Elections Commission Section 4.11 approved March 9. 2016 prohibit by way of recusal that affiliates of a specific party vote inthe primary of another party .

15. In addition to a Federal Investigation there is also Federal Jurisdiction for a Declaratory

 

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Judgment, Preliminary and Permanent Injunction in this case. To issue an Injunction Relief against the NPP two defendants in this case will cause less hann than non issue of the same.

16. There is plenty of time to stop the actions of the NPP and /or its Electoral Commissioner Davila .from the wrongs that he and Eng. Pesquera are commiting and that are the object of this case. It is necessary and/or indispendable to avoid a corrupt NPP Primary and/or a corrupt JOINT NPP-PDP Primary.

17. One of the main goals or objectives of this case or investigation is to save the NPP electors to be involved or to has to participate in a corrupt NPP-PDP Joint

 

18. It is much more politically healthy to avoid corruption than to save the people from the effects of
19. The remedies provided by the Puerto Rico Electoral Law as to recusation of electors have been eliminated in an almost secret ceremony of NPP Electoral Commissioner
20. Two (2) important members of the Directory of the NPP are never invited to the Directory meetings. The ones never invited , not complying with the Rules and Regulations, of the NPP are the Past Presidents Honorable Pedro Rossello and Honorable Norma Burgos
21. The information received and that cause this docwnent is or was that the decisions since March 18, 2016, were wrongly advised and or induced to do so by the Electoral Commisioner Jorge Davila, who is the party officer that caused and or is causing all this undesirable situation that can end on a corrupt NPP Primary and/or as indicated before a NON AUTHORIZED JOINT NPP-PDP
22. There is a video in the Internet that is annexed to this writing that illustrates how in Guanica the actual NPP Mayor, directly and/or indirectly, is requesting the affiliates of the PDP, using as an instrwnent of that wrong movement the name of the President of the PDP Municipal Assembly Honorable Francisca Galichardi, is promoting the PDP affiliates to vote inthe NPP Primary of June 5, 2016 .Itwas mentioned in the activity video tha fact that Engineer Carlos Pesquera who is running for the Federal Position of Resident Commisioner of Washington D.C. has primary on June 57 It is clarified and emphasized that Resident Commisioner Honorable Pedro Pierlusi did NOT mention the primary, therefore there is NO evidence

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negative in that sense to Honorable Pedro Pierluisi.

23 . Inthe case of CALIFOR NIA DEMOCRATIC PARTY ET AL V JONES SECRETARY OF STATE OF CALIFORNIA ET AL 530 U.S.567 (2000) Opinon of the Honorable Supreme Court delivered by Honorable Scalia the Supreme Court of the United States decided the matter of 1996 Proposition 198. Proposition 198t changed the State,partisan primary from a closed primary , in which only a political party’members can vote on it’s nominees, to a blanket primary , in which each voter’ballot lists every candidate regardlessof party affiliation and allows the voter to choose freely among them, The candidate of each party who wins the most votes was that party;s nominee for the general election. Each of petitioner political parties prohibits nonmembers from voting in the party;sprimary, They filed suit against respondent state official, alleging inter alia, that the blanket primary violated their First Amendment rights of association… HELD :California’s blanket primary violates a political party First Amendment Right of Association   (Pp.572-586)

• States play a major role in structuring and monitoring the primary election process,but the process by  which  political   parties select  their nominees  are not wholly public affairs that State may regulate freely. To the contrary ,States  must act within limits imposed by the Constitution when regulating parties internal processes EU. v San Francisco County Democratic Central Comm.,489 U.S. 214••• This Nation has a tradition of political association in which citizens band together to promote candidates who espouse their political views.The First Amendment protects the freedom to join  together to further common political beliefs, id at 214

215,which presupposes the freedom to identity those who constitute the association, and to limit the association to those people.Democratic Party of United States v Wisconsin ex rel.La Follette,450 U.S.107, 122. In no area in the political association’s right, to exclude is more important than in its candidacy selection process..That process often determines the party’s position s on significant public policy issues,and it is the nominee who is the party ‘s ambassador charged with winning the general electorate over to its view. The First Amendment reserves a

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a special place and accord special protection for that process Eu supra at 224, because the moment of choosing the party’s nominee translated into concerted action, and hence the political power, Tashjian, supra at 216.California’s blanket primary violates these principles. Proposition  198forces petitioners  to adulterate their candidate-selection process- a political  party’s basic function-by opening it up to persons wholly unnatTiliated with the party, who may have different views from the party .Such forced association has the likely outcome indeed, it is  proposition 198 intended outcome of changing the party’s message. Because there is no heavier burden on a political party’s association freedom, proposition 198 is UNCONSTITUTIONAL ..•

The United States Supreme Court in CALIFORNIA DEMOCRATIC PARTY et al v

JONES et al supra also indicated the following:

«In  1860 Presidential election, if opponent  of the fledging Republican  Party had been able to cause its nomination of a proslavery candidate in place of Abraham Lincoln, the coalition of intraparty factions forming behind  him likely would have disintegrated, endangering the party’s survival and thwarting its effort to fill  the vacuum left by the dissolution  of the Whigs…

There is no substitute for a party’selecting its own candidates.Insum, Proposition 198 forces petitioners to adulterate their candidate-selection process- the «basic function of a political party,»Ibid- by opening it up to persons wholly unaffiliated with the party. Such forced association has the likely outcome­ Indeed, inthis case the intended outcome.-

582 of changing the party’s message . We can think of no heavier burden on a political party’s association freedom .Proposition 198 is therefore UNCONSTITUTIONAL …»

Also refer to Legal Opinion of Alaska Attorney General Honorable Bruce M

Botelho Effect of California Democratic v Jones on the State Primary Election, 2000 Opinion of

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Attorney General No. 2.

On April 16,2016 Mr. Antonio Sagardia indicated the following publicity to Defendants NPP Commisioner Davila and Federal Candidate for Resident Commissioner in Washington D.C Defendant Eng.Pesquera:   indicated :

«IMPORTANT: TODAY is the last day to do your update at the electoral registry, Visit your closest JIP•..It is important that the Popular party voters register so the can vote in the NPP Primaries PR needs you»

PRAYER OF RELIEF

WHEREFORE it is respectfully requested from this HONORABLE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF PUERTO RICO to Grant this Complaint and/

or Petition and order all the the Defendants to cease and desist from promoting, inviting and /or allowing the affiliates of the PDP to vote in the NPP Primary of June 5,2016.

RESPECTFULLY SUBMITTED, In San Juan Puerto Rico, Apri 2016 .

PAGAN & PAGAN

555 Alverio St. San JuanPuerto Rico 00918 Tel (787)428-1148

Email:paganfirm@gmail.  com

 

By       

Miguel Pagan Esquire USDCPR 115106

 

By  ./S

Hector Quijano Borges Esquire

USDCPR 203405 Tel(787)612-4183

Hq Office@yahoo. com

________________________________

SWORN STATEMENT

We Atty. MANUEL HERRERO GARCIA oflegal age, Lawyer, Electoral Director of Candidate for Governor Doctor Ricardo Rossello Nevarez and a resident of San Juan Puerto Rico, RAMON BAUZA ESCOBALES,married, oflegal age, Associate Electoral Director of Candidate for Governor Doctor Ricardo Rossello Nevarez, and a resident of San Juan Puerto Rico, Plan. NORMA BURGOS, Past President of the New Progressive Party (NPP), former NPP Senator of Puerto Rico, former Puerto Rico Secretary of State , of legal age and a resident of Caguas Puerto Rico, Hon. ANIBAL VEGA BORGES, married, oflegal age, Mayor of Toa Baja Puerto Rico and a resident of Toa Baja Puerto Rico and Hon. RICARDO LLERANDI, of

 

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legal age, married, Representative of the Puerto Rico House of Representatives and a resident of Arecibo Puerto Rico, under OATH DEPOSE AND STATE:

1. That our names and personal circumstances are as above

2.  That what is indicated inthis Complaint is the truth according to our bestknowledge and understanding ofreality.

In San Juan Puerto Rico, thisf April of 2016.
AFFIDAVIT NUMBER:   1-/-{jJ-

Sworn and subscribed to before me by the aforementioned persons of the circumstances indicated above and whom Iknow personally, in San Juan Puerto Rico this Aprif 2016.

MIGUEL PAGAN USDCPR 115106           HECTOR QUIJANO BORGES USDCPR20340

5

Para el COMPLAINT Radicado:

https://www.dropbox.com/s/j3ev6wsvz01ufr5/4-27-16%20Complaint%20RR-PNP.pdf?dl=0

https://mail.google.com/mail/u/0/?ui=2&ik=4162e8b4f3&view=att&th=154598c86128837d&attid=0.1&disp=inline&realattid=f_injcrj1g0&safe=1&zw

Complaint Federal