NYCA Fights Back

Files complaint alleging misconduct by NY officials

New York Citizen’s Audit (NYCA) is a group of citizen volunteers who have now spent years studying the integrity of elections in New York. I was one of their earliest volunteers, having joined in August of 2021 as their Research Director. I left the group a couple of years later, in 2023, for health reasons and to go back to earning a living. Since then, I’ve had little contact with NYCA, but have followed their progress when they appear in the news.

Last week, something happened that should have been in the news, but I didn’t see it. While The Gateway Pundit and other conservative websites discussed charges of mortgage fraud against Letitia James, NYCA filed a potentially much more devastating lawsuit against James, the entire NY state board of elections (NYSBOE) and others.

The NYCA lawsuit discusses many events I have direct knowledge of. As far as I can tell in my quick read of the complaint, it accurately represents the facts as I know them. There is some flexibility in places depending on methodological differences, but these don’t affect the conclusions in any material way.

Overall, the complaint does a good job describing the state of New York’s voter rolls, why NYCA claims that no election can be lawfully certified given the state of the rolls, and why official reaction to NYCA’s research amount to serious violations of the law.

The complaint demonstrates that NYCA provided their research product to the NYSBOE and defendant AG Letitia James on multiple occasions, but never received a reply. NYCA petitioned hundreds of local and state entities to prompt an official investigation of the many irregular or outright illegal records found in the rolls. They received no direct replies from the state, despite these many attempts to get their attention.

Ironically, in at least one videotaped meeting of the NYSBOE, the co-chair, Peter Kominski, asks if the board should contact NYCA to see if they can answer their grievances, which by then had obtained traction among some county elections commissioners. He was told not to, to prevent giving NYCA any “oxygen”. I wrote about two of these meetings in earlier ZarkFiles posts:

The behavior of officials in these meetings, as well as Letitia James’ attempts to defame NYCA and obstruct their investigative efforts, are the heart of the lawsuit filed last week. Here are the key elements of the argument:

1. The voter rolls contain numerous irregular, inaccurate, and illegal records.

2. Because of the numerous problems contained within the voter rolls, they are untrustworthy and cannot be relied upon to lawfully certify an election.

3. NYCA discovered the faults in NYSBOE controlled databases through their own investigative efforts.

4. Instead of addressing NYCA’s concerns directly, the NYSBOE instead ignored, then harassed and defamed NYCA as a group and individual members.

5. The behavior of the NYSBOE members and of AG James amount to:

   1. Voter intimidation

   2. Suppression of free speech

   3. Conspiracy to prevent Constitutionally-protected right to Redress of Grievances

   4. Denial of due process

Based on news reports, I believe Letitia James committed mortgage fraud. If for no other reason than that she appears to be guilty of the crime she accused President Trump of, when she knew he was innocent, I look forward to her trial on that charge.

However, the NYCA lawsuit presents far more serious charges than the mortgage fraud case. The alleged violations are more egregious and affect the public more broadly. President Trump—or the DOJ acting on his behalf—should consider filing a parallel case against James, addressing the documented abuses of power she exhibited while prosecuting him.

I’m not a lawyer, so I don’t know how to predict the outcome of the NYCA case. As a layman researcher familiar with many of the details of the case, it is very convincing. If the law is interpreted correctly, and I have no reason to think it hasn’t been, then this case is the one to watch.

I extend my best wishes to NYCA and all plaintiffs in this case. May the proceedings yield a just and accurate outcome, unaffected by bias and guided by wisdom and sound jurisprudence.