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Surety Bond Shenannigans
More Corruption Revealed
A tactic to holding elected officials accountable came to the surface during the 2020 covid fiasco. Bonds for the Win became a strategy that parents used against tyrannical school boards that were unconstitutionally masking children, despite the scientific evidence that masks were not effective in preventing transmission of Covid-19.
Our group started looking in to using Bonds for the Win in helping to ensure officials upheld the law in the election realm. After much intense pressure against the illegal use of drop boxes at the county commission meetings in Minnehaha and Lincoln Counties, the State’s Attorneys offices posted a legal notice on the County websites simultaneously stating the immediate discontinued use of absentee ballot drop boxes, despite the auditors and commissioners insisting they would continue to use them one hour before the posted notice. SDCL 12-19-7 says “The voter shall return the ballot to the office of the person in charge of the election by:
(1) Mailing the ballot;
(2) Delivering the ballot in person
It is almost exactly the same as Wisconsin, where the Supreme Court decided drop boxes were against the law.
Chapter 3-5 of the South Dakota Codified Laws ensures public officials are covered by surety bonds. These bonds are there to ensure the official keeps his/her oath sworn to uphold and defend the United States and the South Dakota Constitutions.
3-5-5.1. Blanket or individual bonds for state officers and employees.
The Bureau of Administration, with the approval and advice of the attorney general and director of the division of insurance, shall purchase a blanket bond or individual bonds, issued to the state as the insured, covering the honesty and faithful performance of all state employees, officers, members of state boards and commissions, and appointees of the Governor.
3-5-11. Bonds and oaths to cover all duties of office--Noncomplying bonds valid as to matter contained.
The bonds and oaths of all civil officers shall be construed to cover duties required by law subsequent to giving them. No official bond shall be void for want of compliance with the statute, but it shall be valid in law for the matter contained therein.
3-5-14. Local government purchase of bonds or insurance coverage for faithful performance of officials and employees.
The governing board of any political subdivision of this state, may purchase a blanket bond, blanket crime coverage, an insurance policy, or an individual bond, issued to the political subdivision as the insured, covering the faithful performance of each officer, member, and employee.
7-10-9. Action against auditor and sureties for misconduct or omission of duty.
An action may be brought against the county auditor and the sureties upon the official bond, in the name of the state and for its use, or for the use of any county or person injured by the misconduct in office of the auditor, or by the omission of any duty required of the auditor by law.
Here is a step by step guide on how this is supposed to work:
Citizens of the jurisdiction vote.
Candidate with the most votes is elected.
Said candidate swears an oath to uphold the law and the constitution.
Said citizens tax dollars are used to pay for a surety bond to hold said official accountable.
Said candidate is sworn in and covered by bonds.
Said official violates the law.
Citizens who elected said candidate to represent them in office, and whose tax dollars paid for the bond, can file a claim for damages for malfeasance, misconduct, violations of the law, or omission of duty.
Each jurisdiction uses an insurance company to purchase such bonds and uses tax payer dollars to do so. Some counties use the South Dakota Public Assurance Alliance, others use a local vendor. On the state level, it took over ten phone calls to get to the person who could provide the policy. (believe me, they did not want us to have this policy) Interestingly, the vendor and the policy amount were redacted. State law says any receipt of tax dollar expenditure is public record. But I guess not in this case. We could not find any seasoned state representative or political operative that even knew these bonds existed, much less what they were for, where to find them, or how to use them. The State Auditor’s office said most of these things are so automated anymore, no one even lays eyes on them. Well, someone is getting rich off of this scam, and it’s not the taxpayer!
A claim was filed in Lincoln County against the auditor for illegally establishing a polling place, ballot harvesting, electioneering, illegally transporting ballots in an illegal ballot box, illegally deleting federal election material, and more. Untold numbers of legitimate Lincoln County votes were cancelled out by illegal absentee ballot harvesting with no chain of custody.
An ethical insurance company would do it’s due diligence to investigate a claim of violations of the law and dereliction of duty to which the official swore an oath to uphold, correct? That would be too much to ask in today’s world. Here is a screen shot of the response from the County Auditor who trampled on election law and flaunted it all over their private campaign Facebook page:
This letter came from the County Auditor on county letterhead after investigating the claim AGAINST HERSELF! This is one of the most blatantly unethical violations we have seen yet. How can the defendant/insured respond to a claim filed with the insurance company?
It’s like this: Bob sideswipes Mary’s car in the mall parking lot. The accident is reported and the claim for damages from Mary’s repair bill is submitted to State Farm. Instead of State Farm investigating the accident report, Bob says he didn’t do it and sends a letter to Mary that she doesn’t have standing and says the facts are incorrect and disputed. S - E - R - I -O -U -S - L - Y??????? That’s ridiculous!
AND THIS IS WHY WE DON’T TRUST THE GOVERNMENT. Because bad apples spoil the whole bunch. The bonds are codified into law so the citizens have a remedy for corruption. But the government reviews the claims and submits the response. This is as stupid as the auditor auditing their own elections. Does your bank audit their own books? Do you audit your own tax return?
Accountability is coming. The TRUTH always wins. The lies, evil, and corruption will be revealed. God wins.
Luke 8:17 “For there is nothing hidden that will not be disclosed, and nothing concealed that will not be known or brought out into the open.”