Tuesday, June 2, 2015


WHAT AN "ICKY" DUDE. He loathes me; I despise him.. so it goes..
dont know why- he got a bug in his britches and that was it i t was on..




REVISITING DEMOCRACY -- THE IMPORTANCE OF THE 2011 SCHRADER MATTER (PART 1): Before I can share the four election contestations of 2015, the Schrader matter needs to be reviewed. In 2011, the Allen County Democrats with the help of the Republican-controlled Allen County Election Board worked together to illegally remove Tommy Schrader from the ballot AND to illegally place George Guido on the November, 2011 general election ballot.
You see, the Dems actually had one legitimate and legal way of removing Schrader off the ballot. In 2011, he didn't use his legal name on his declaration of candidacy form. But instead of using that technicality--they chose to make up a convoluted story about how Schrader voluntarily moved to Wisconsin, willingly registered to vote there, and then cast a perfectly good and legal ballot in Wisconsin. Of course, a few things were left out. Like the truth.
So here is the truth of that matter--with evidence below (See Photo Album)---for everyone to confirm on their own. The truth is this:
Schrader was on the ballot and he should not have been pursuant to the same legal name requirement that should have prevented Terry Anderson, Mike Avila, and Tommy Schrader from being on the 2015 Democrat City Council At-Large primary race ballot. Now, I've never figured out why no one objected to his legal name issue in 2011, but my best guess is that others on the ballot in 2012 would have been wiped off the ballot for the same technicality, just as others could and may be wiped out in 2015. Another possibility--by itself or in tandem with the other reason--may be that no one ever thought Schrader would win his race. Afterall, he was a pauper who spent no money and no time campaigning. He just threw his name on the ballot.
In 2011, Tim Pape---the Carson Boxberger attorney on council and the guy who was the architect for the Harrison Square deal--was retiring from City Council. Although the reasons were never clearly discussed, my best guess is that he was losing money being on Council or that there was a conflict of interest at play that was a little too close to the surface. Whatever it was, Pape was out and the firm needed someone else in.
Now, at that time, there was also another Carson Boxberger employee on Council--Karen Goldner -- but she was beginning to be a problem in advocating her own agenda (gay rights) versus the agenda for the powers that be. Goldner was expendable on Council as she had served her true purpose--getting rid of Don Schmidt, who was one of the most outspoken members of City Council in opposition of the Harrison Square project in its early days. Goldner's intended replacement was young, eager-to-prove himself Bradley real estate agent, Russ Jehl. Pape's intended replacement was young, eager-to-prove himself, green-as-they-come Carson Boxberger associate, George Guido.
George Guido had the money, the manpower, and all the guidance he needed to run a successful campaign. At that time, in addition to being a Carson Boxberger employee, he was also a residential tenant of former ACDP Chair, Kevin Knuth. You see, Guido could have run one heck of a campaign OR Knuth could have spearheaded one heck of a campaign for Guido. But arrogance got in the way -- Guido didn't bother to campaign for the Primary.
REVISITING DEMOCRACY -- THE IMPORTANCE OF THE 2011 SCHRADER MATTER (PART 2): Schrader's win caught everyone completely by surprise. Worse, with Schrader on November's ballot and Guido not on November's ballot--Carson Boxberger (Tom Henry's main legal squeeze) was not on the ballot, meaning they would have no one on Council influencing needed votes for future public-private partnerships, like Ash Brokerage (which Andy Boxberger admitted a few weeks ago at a City Council meeting that Carson Boxberger had been working on since at least 2012, if not longer). Even worse still, the I & M Light Lease Settlement was in play, negotiations would have the payouts begin in 2012. Now, I'm not sure who was panicking more -- Henry (and his various business associates) OR Carson Boxberger (who represents the City in some matters and represents private-public partnership investors in other matters). Regardless of whom, someone was clearly panicking.
Their knee jerk response was to challenge a transient homeless man and get him removed off the ballot by way of some trumped up BS. They began looking for ways to remove him off the ballot and the easiest way was to question his residency, since he was out of town at the time of the election and couldn't be found. Media was eager to track this guy down because he was a David v Goliath story--an underdog who didn't campaign won an election?!?!
And they were right. Schrader was out of town at the time of the elections. And yes, Schrader voted in the Green Bay, Wisconsin elections--erroneously. Here's what happened. A month before the elections Schrader went to Green Bay for vacation for a month. There was some event that takes place there that he goes to once every few years. He had managed to get into a financial position to be able to go in 2011 and he went.
His plan was go to Green Bay and stay for a month using his Social Security/Disability check and come back to Fort Wayne the following month--just as soon as his-then landlord forwarded him his monthly SS/D check. The landlord forwarded the check as agreed upon, but sent the check to the wrong address. Schrader's check was literally lost in the mail. With no money, the motel he was staying at threw him out. He sought refuge in a homeless shelter. The homeless shelter he went to "required" its residents to register to vote. This was done as part of a national campaign dedicated to making sure that the homeless retain their voting rights. The volunteer meant well. Technically, Wisconsin considered Schrader a resident because you only have to stay in Wisconsin for three days to be considered a resident. Yep, just 3 days. Schrader thought this sounded too good to be true, but he needed a place to stay. So he registered to vote in Wisconsin.
BUT to Schrader's credit he used his Indiana identification and clearly marked that he was an Indiana resident on his Wisconsin registration form. (Check out the photo album below containing Schrader's Wisconsin voter registration form.) Wisconsin accepted the form. Schrader was told he could vote. Schrader couldn't come back to Fort Wayne to vote--his check hadn't been reissued and resent yet. So, out of curiosity, boredom and stupidity, Schrader cast a ballot in Wisconsin's election. The interesting thing, however, is that the ballot wasn't counted and Wisconsin recognized that it was their mistake and not his--meaning no criminal charges were filed for what should have been an illegal vote cast.
Kevin Knuth found out this information from the help of his wife, who happened to work in and have access to such records via the Voter Registration Office (and still does). Knuth filed a complaint alleging a residency issue and set things in motion for the matter to be heard by the election board, who in 2011 was made up of Andy Boxberger (Democrat and member of the Carson Boxberger firm), Zach Klutz (one of Shine's right hand men, whose wife is the Auditor of Allen County and serves as the Secretary for County Council and County Commissioners), Liz Borgmann (elected as Clerk of Courts, whose position is mandated by state law), and Beth Dlug (not technically a member of the ACEB board, but does handle the day-to-day operations for ACEB).
REVISITING DEMOCRACY -- THE IMPORTANCE OF THE 2011 SCHRADER MATTER (PART 3): The day of the ACEB meeting—which turned into a hearing without any proper notice, leaving Schrader totally unprepared to defend himself---Knuth never shows up. Despite Knuth as the challenging party not showing up, the ACEB decides to begin a hearing without him. Because Guido was publically acknowledged as a member of the Carson Boxberger law firm, Andy Boxberger recused himself and appointed as his proxy—his illegal proxy---Mark GiaQuinta of the Haller Colvin law firm. You see, Indiana statute prohibits an elected official from serving on the election board in any capacity. Mark GiaQuinta was an elected member of the FWCS school board and therefore, could not legally serve on the election board. But that didn’t stop him from doing so. Nor did it stop the rest of the election board from accepting his illegal appointment.
So keep in mind --- Schrader was not given any advance notice that the ACEB meeting was going to be turned into a hearing and so he was unprepared to be in a position to have to defend himself. Kevin Knuth, the person who launched the complaint challenging Schrader’s residency was not there to present his case or provide any evidence. (Note that in a court of law, if the Plaintiff fails to show up, the case automatically gets dismissed….which is exactly what should have happened in the Schrader matter.) And then some guy---another lawyer who should know better-- who isn’t supposed to be on the election board, gets appointed to the election board….and everyone on the election board is ok with that???
Are you following these procedural irregularities? wink emoticon The Democrats (Party Leadership) with the help of the Republican-controlled ACEB totally stacked the deck in their favor to illegally remove Schrader off the November, 2011 general election ballot….for a bogus claim that the ACEB didn’t even investigate until AFTER they held the hearing on Schrader. The ACEB contacted Wisconsin after the hearing and upon learning the truth---they contacted the Indiana Election Commission for guidance. And by guidance, I mean a way out of this mess that they created. Dale Simmons of the Indiana Election Commission told them what I had told them—that they didn’t have the right to remove Schrader from the ballot. (Ironically, if they would have gone with the statutory requirement that Schrader had to use his legal name on his Declaration of Candidacy paperwork, then they would have had some sort of legal standing to remove Schrader. But they didn’t.)
This means AFTER the ACEB essentially conducted a kangaroo-court “hearing” and then actually investigated the matter on its merits like they should have done in the beginning, they learned they were in the wrong….AND….. they were told they were in the wrong by the Indiana Election Commission. But what did they do about it? They let their ruling stand.
Gina Burgess shared her album.
REVISITING DEMOCRACY -- THE IMPORTANCE OF THE 2011 SCHRADER MATTER (PART 4): That’s right---despite the ACEB ruling illegally removing a candidate off the ballot---the ACEB let their ruling stand. But Schrader fought back and appealed the ruling via Schrader v ACEB. The Democrats (Party Leadership—then led by Mike Bynum) tried to intervene with the help of Attorney Jack Morris. They filed the case of Bynum v Schrader. The purpose of Schrader v ACEB was to overturn the election board’s ruling and get Schrader placed back on the ballot. The purpose of Bynum v Schrader was to get Schrader legally removed from the ballot and Guido legally placed on the ballot.
What no one counted on was someone like me taking the time to listen to Schrader, verify his information, and try to help him. Worse, what no one else counted on was that my BFF, Michelle Hill, would be married to the one postal carrier (out of hundreds of postal carriers servicing greater Fort Wayne), David Hill, who would be assigned to same mail route that Schrader lived on for seven years. Oops! With one signed affidavit, David Hill obliterated what was left of someone’s bogus “residency issue.” On June 1, 2011, Judge Felts correctly dismissed Bynum v Schrader and rescheduled the Schrader (at Schrader’s request---who was holding out hope that an attorney would step forward to help his case) for a later date.
However, before Schrader’s case even had a chance to be heard, the ACEB had already----completely on their own accord, which they had no right to do---printed ballots that had Guido’s name in place of Schrader’s name. Later, the ACEB mailed some of those ballots---potentially committing federal and state mail fraud.
By the time Judge Felts heard Schrader’s case, the point was moot. The Judge knew it. BUT, he couldn’t properly act on the matter. So he, with the help of the then-ACEB attorney (and current Chairman of the ACEB), Tom Hardin---a legal technicality was created to give Felts some form of leverage, no matter how small or how insignificant, so that Felts could dismiss Schrader v. ACEB. That technicality---a formal, non-defective summons was needed to provide notice that an administrative matter was being appealed. Notice was given, but it was given via email not postal mail. Despite previous electronic communications, originally initiated by Hardin, himself—suddenly out of the clear blue electronic communications were no longer being accepted?? An argument was raised that (1) no notice was needed since it was an appeal and that, alternatively, (2) since the media had publicized in print and television that there was an appeal and in some cases the date of the appeal, that a summons by publication had effectively been administered providing adequate notice. One news report by the News~Sentinel discussed the appeal and even contained a quote from Hardin. But the Judge turned a blind eye to that which was staring him squarely in the face.
To summarize – Schrader’s case was full of irregularities, many of them procedural matters (meeting v hearing, investigative authority v administrative authority, notice needed/notice given, to communicate electronically/not communicate electronically, what is a residency issue, etc)—Most of these procedural matters were either manipulated or outright manufactured for the benefit of the ACDP and/or the ACEB and condoned by the Courts via Judge Felts. Democrat Party Leadership and Republican Party Leadership worked hand-in-hand with the election board and the Circuit Court Judge. Some make the argument that the ACEB has the right to remove candidates off the ballot, but no one can make the legal argument that the ACEB has the right to place anyone on a ballot under these circumstances without first obtaining a court order, which was never obtained.
Below is a photo album of evidence on the matter:

  • Gina Burgess All the news reports on the Schrader matter have been removed from the archives by the Journal Gazette (or archived in a way that I cannot find them). Here are the remaining news reports on the matter from the News~Sentinel: 

    ...See More
    Tommy Schrader shouldn't be on the ballot in November....
  • David Christopher Roach gina- you will have to go to either the Allen County Public Library Main branch and fire up the microfilm machine- burn some copies of The Journal Gazette and The News-Sentinel articles then transfer them to the internet; OR the IPFW Helmke Library. the ACPL archives go all the waaay back to FTW's earliest days; whereas the IPFW Helmke Library only goes back to the 40's ( WW2) or so. SO both will have the info you need. seeing as how the 666 Main Street tabloids
    have scrubbed their online archives.. like the TV show The X-files- the truth is out there..
  • David Christopher Roach shortly after this travesty of justice/debacle- Zack Klutz was "kicked upstairs" to the Indiana Election board/division- the state wide equivalent of the Allen County Election Board . how interesting. meanwhile- last i heard he maintains a residence in wyndemere; where his wife the county auditor maintains HER elected office residence. So - I assume Zack Klutz( never has a name been more appropriate.. lol..) spends a lot of time either commuting, or hob nobbing with the big shots in INDY; and acting as an out- of town "agent"/operative for local overlords..
    interesting how these people always land on their feet with better sweeter jobs. you or i or anyon else- we screw up; we get fired disgraced or sent to prison.. must be nice to be well connected politically and an "insider" you only have to"sell your soul" but hey- if it pays the bills, whats the small price to pay for ones integrity? ( im being sarcastic; but humorously..) you all know how =i= am..
    Like · Reply · May 25 at 4:50pm · Edited  

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