On June 4, 2024, I, Jessica Pollema, representing myself, challenged 133 voters ability to vote in Minnehaha County Precinct 04-16 and 65 ballots in Precinct 05-16 based on SDCL 12-18-10. Grounds for challenge of applicant to vote--Determination by judges--Notation on registration list.
If a person makes an application for ballots, or if an absentee ballot has been cast, the person's right to vote at that poll and election may be challenged only as to the person's identity as the person registered whom the person claims to be or on grounds that within fifteen days preceding the election the person has been convicted of a felony or declared by proper authority to be mentally incompetent. The proceedings shall be conducted before the precinct superintendent and precinct deputies who shall determine from the evidence presented whether or not the person is permitted to vote and the members of the precinct election board shall indicate beside the name on the registration list the ground stated and the result of the precinct election board's decision.
After three years of having been to the legislature, through two Secretary of State administrations, every State Board of Elections meeting, County Commission meetings all over the state, several county Sheriffs (who chose to do nothing), and to the South Dakota Department of Criminal Investigation, having presented massive amounts of evidence of fraud, negligence, malfeasance, and perjury, all to no avail; this avenue was the only route available to me to attempt to mitigate the fraud in this primary election.
After a very busy few weeks leading up to the election, I decided last minute to follow this route. I sent an email to Minnehaha County Auditor Leah Anderson notifying her on June 3 around 4:00 PM that I was going to challenge voters based on a long list of federal and state codes, that I believe have been and are being violated.
With the absentee requested and returned list purchased from the SD Secretary of State for the 45 day absentee period, I took a list of those the state had record of returning an absentee ballot as of May 31, 2024, and reviewed their original voter registration forms, which were purchased at the county level.
Our group has purchased a random sampling of thousands of original voter registration forms from the top eight mail forwarding services in the state, and a thorough analysis of those forms produced a 99% inaccurate, incomplete and perjury rate.
DID YOU CATCH THAT? A 99% failure rate of the county auditors and SOS of ensuring the voter is verified, placed in the precinct in which he resides, as per the South Dakota Constitution, that all forms are ACCURATE and COMPLETE, and that Federal election codes such as NVRA & HAVA followed.
I filed a challenge as to the identity of the listed voters, not only based on the Help America Voter Verification (HAVV) check of the Date of Birth and last four of the Social Security Number, but also challenging their identity as a bona fide resident of the county, residing in precincts 04-16 or 05-16, at Dakota Post, 3916 N Potsdam Ave, Sioux Falls and/or Your Best Address, 401 E 8th Street, Sioux Falls. Each applicant must list a physical location and cannot claim a PO Box or general deliver as his residence.
Dakota Post and Your Best Address are commercial buildings, in areas of Sioux Falls that are zoned commercial and or industrial. The county and city zoning ordinances do not allow for residences there. Yet, somehow, tens of thousands of voters have been allowed to claim these, and other mail forwarding addresses as a residence.
We have already written and shared multiple articles on this topic that you can find HERE and HERE and also below.
Each box on the voter registration form requests information required by law to identify the voter as a Citizen of the United States, a resident of the State, County and Precinct, in order to place them in the corresponding voting precinct in which they reside. Each piece of information is required for the election official to make a proper determination of the identity of the voter of a State, County and Precinct and is required by Federal and State Law. The U.S. Congress and the State Legislature provided for voter registration forms which require all of the boxes on the voter registration form to determine the identity of a voter including, but not limited to, all the provisions in USC Title 52 and SDCL 12-3-1, 12-3-1.1, 12-4-1, 12-4-1.2, 12-4-3.2, 12-4-4.2, 12-4-4.4, 12-4-4.5, 12-4-4.10, 12-4-4.12, 12-4-4.5, 12-4-5.3, 12-4-6, 12-4-7.2; in particular:
a. 12-3-1. General qualifications of voters.
Every person who, at the time of an election, maintains residence in this state…….
b. 12-3-1.1. Residents of federal areas.
No person residing on an area within the boundaries of this state ………
c. 12-4-1. Persons entitled to register--Precinct.
A person who maintains residence, as provided in § 12-1-4, within the state for at least thirty days prior to submitting the registration form, and who has the qualifications of a voter prescribed by § 12-3-1 or 12-3-1.1, or who will have such qualifications at the next ensuing municipal, primary, general, or school district election, is entitled to be registered as a voter in the election precinct in which the person maintains residence.
A person eligible to vote may vote only in the election precinct where the person maintains residence.
d. 12-4-3.2. Private entity or individual registering voters--Form filing deadline--Violation as misdemeanor.
Any private entity or individual registering a person to vote shall file the completed registration form with the county auditor.
e. 12-4-4.5. Absentee registration and voting in last county and precinct of residence.
The overseas citizen may register and vote absentee in the same county and election precinct in which the overseas citizen, or spouse or parent of the overseas citizen, resided immediately prior to leaving the United States.
NOTE: This does NOT ALLOW for individuals to randomly select South Dakota as the place they choose to register their vehicles and dodge their home state income taxes while obtaining voting rights.
f. 12-4-5. Entry of applicants in registration file--Deadline--List for runoff election.
The county auditor shall enter in the master registration file the name of each eligible person whose completed application for registration and mail registration card is receive.
g. 12-4-5.3. Review of voter registration application by auditor--Notice to applicant--Promulgation of rules.
When a voter registration application is received by the county auditor, the county auditor or an individual designated by the county auditor shall review the application for eligibility and completeness. If the applicant is not eligible to be registered or sufficient information to complete the registration card cannot be obtained from the applicant, the county auditor must send an acknowledgment notice by nonforwardable mail to the applicant indicating the reason the registration was not filed. The acknowledgment notice must state that the applicant needs to submit the corrected information to the county auditor within thirty days or the voter registration form may not be processed. The county auditor shall send an acknowledgment notice by nonforwardable mail to the applicant whose registration is accepted……
Non-forwardable mail is mandated for verification of the voter by the South Dakota State legislature so as to ensure the actual physical location of the voter is verified by mail arriving at that address intended to be received by said voter’s person. Mail forwarding services are by definition commercial business services that forward mail to the customer because they do not reside and cannot be found at that location. The mail is forwarded to the voter by the service to wherever they currently reside. Voter verification forms bypassing state law by forwarded mail from commercial mail services to a voter by its very nature are in clear violation of SDCL 12-4-5.3, and violate the intent of the State Legislature to ensure the accuracy, integrity and security of validating a voter by residence.
h. 12-4-6. Filling out registration card--Registration at driver's license station--Applicant unable to write.
An applicant for registration shall answer questions and sign the oath as required on the form prescribed by the State Board of Elections.
Any local, state, or federal agency staff person who registers a voter shall ensure that the registration card, as prescribed by the State Board of Elections, is filled out completely. (emphasis added)
j. 52 USC § 10502(d) (e) (h) (i)
(d) Registration: time for application; absentee balloting: time of application and return of ballots
For the purposes of this section, each State shall provide by law for the registration or other means of qualification of all duly qualified residents of such State who apply……..
(e) Change of residence; voting in person or by absentee ballot in State of prior residence
If any citizen of the United States who is otherwise qualified to vote in any State or political subdivision in any election for President and Vice President has begun residence in such State or political subdivision after the thirtieth day next preceding such election and, for that reason, does not satisfy the registration requirements of such State or political subdivision he shall be allowed to vote for the choice of electors for President and Vice President, or for President and Vice President, in such election, (1) in person in the State or political subdivision in which he resided immediately prior to his removal if he had satisfied, as of the date of his change of residence, the requirements to vote in that State or political subdivision, or (2) by absentee ballot in the State or political subdivision in which he resided immediately prior to his removal if he satisfies, but for his nonresident status and the reason for his absence, the requirements for absentee voting in that State or political subdivision.
(h) "State" defined
The term "State" as used in this section includes each of the several States and the District of Columbia.
(i) False registration, and other fraudulent acts and conspiracies: application of penalty for false information in registering or voting
The provisions of section 10307(c) of this title shall apply to false registration, and other fraudulent acts and conspiracies, committed under this section.
j. 52 USC §§ 10307(c), 20511(2) A person who provides false information concerning a person’s name, address, or period of residence in a voting district to establish voting eligibility commits election fraud. (emphasis added) It is clear the Federal government requires accurate and truthful information as to a voters address and residency for purposes of voting and considers a voters address as part of information identifying a voter.
After waiting about four hours, the Minnehaha County Deputy State’s Attorney Eric Bogue advised we would be going out to the physical voting precinct for the challenges, as I had thought I would be presenting the information to the absentee board. Each precinct board was notified of why we were there and what was expected of them. At each location, I presented my case along with the voter registration forms for each voter who’s ballot I was challenging. Eric Bogue argued against me, I got a rebuttal, and the precinct board made a decision.
One of the two challenges was successful, and 132 ballots were deemed fraudulent by false identity and rejected by the precinct board in precinct 04-16. Minnehaha County State’s attorney Daniel Haggar was also there, and stood aside watching. As it became apparent the precinct board was moved to act by clear evidence of fraud, sweat began to run down the very red face of Daniel Haggar, while one of the precinct deputies proclaimed “This is government bureaucracy at it’s worst! No one does their jobs! This is downright scandalous!”
Downright scandalous! Yes, yes it is!
Two of the precinct deputies at 05-16 were concerned, and after rejecting my challenge, asked that we be sure to do something about this as it was also apparent to them that the law was not being followed.
After arriving at the second precinct location, the Dakota Scout’s Joe Sneve just happened to be there “checking on voter turnout.” Just in time to take photos of me and listen into the arguments before the precinct board.
These articles don’t have all the facts right, but brought the issue to the forefront once again. If our laws aren’t being followed, and our state has allowed potentially tens of thousands of unverified voters on the rolls by processing incomplete, inaccurate and perjured voter registration forms, someone is clearly guilty of Federal election fraud as laid out in the DOJ Guide to Federal Election Offenses.
52 USC 10307
And, if there were such thing as justice and equity under the law, many people would be serving some prison time.
During the Minnehaha County Commission Meeting, the commissioners asked what guarantees there were that a challenge like this wasn’t going to be presented or entertained during the November election. Instead of asking how to prevent your legitimate constituents from using legal means to ensure fair elections, why don’t the elected (?) officials start asking how they are going to fix this mess and start ensuring the laws are followed in the first place? How are they going to correct the thousands of improperly processed voter registrations that were approved in clear violation of Federal and State law?
The SB17 residency clown shown in the 2024 legislative session showed just how uninformed our representatives are by the reckless amendments proposed to the bill. We need to work on informing them of the serious violations of law happening here, the massive amount of malfeasance committed by our election officials, the fraud allowed into the voter rolls daily, and the effect this is having on our elections.
Anyone in the election integrity, security, honesty, transparency, fairness or whatever you want to call it movement knows this to be true: Accurate and secure voter rolls are the basis to a fair election. We the People are demanding a return to fair elections and compliance with the law. Anything less than 100% excellence is unacceptable.
Great article. Have to put the mail forwarding business' out of business. Class Action Lawsuits needed. Time for being nice is OVER!
This article needs to be sent to every County Commission, auditor and State's Attorney. This is election fraud and they do not want to address it. We need to get the word out...by any means possible to the general public. Just look at what will be on the ballot in November....we do not need people who live in mail boxes, making our decisions for us...... People who live on the road, they just need to drive to South Dakota to vote........and maybe even spend some money instead of just sending an absentee ballot. Yes, Class Action Law suits are needed.