cfbamerica

Comes now before this Honorable Court the timely Motion for Summary Judgment to enter a Cease and Desist Order against The State of Florida Legislature for Violation of The United States Constitution in Illegal Election Law Legislation.

Write-in (TOLBERT) for——–

US Senate Florida 2016 NPA ——CFA Citizens For America ——

Citizens for a Better America, inc——

Retired MSGT——

Dear Dr. Tolbert:

If you want to pursue this matter Pro Se in United States Federal Court, (and we urge you to while the iron is hot in the fire,) the fee is $400.00 mailed in to The United States Court House with your signed copy of the Motion for Summary Judgment (as attached) and with your return address information cover letter to:

United States Courthouse
Attn: Clerk of Court Jessica J. Lyublanovits
111 N. Adams Street
Tallahassee, FL 32301-7730

A Federal Judge and Case No will then at that time be assigned to your case and a return receipt with the applicable information will be mailed to you. The Clerk of Court’s number is (850) 521-3601. The service document is ready for you print and sign as is.

I need to do this too for my own sake as well, as do we all of the Florida Federal Candidates. We can certainly arrange help with the finances for you if that is an obstacle as the case goes to verdict under your complaint.

I wish you good fortune,

Gary L. Koniz
Journalist Correspondent
Independent Candidate for
U.S. House of Representatives, 4th CD, FL
“United Labor Unifying The Nation Providing Jobs
And A Fair Cost Of Living Wage For The People”
(904) 730-2055 Office
www.garykonizforcongress.com
www.news4jax.com/politics/gary-koniz/29170618

____________________________________________________________________________________

From: Gary Koniz
Sent: Thursday, June 9, 2016 7:15 AM
To: Richard Dembinsky; Richard Dembinsky; kderby@sunshinestatenews.com; Henry Frederick; “Holt, Tony”; Marc Bernier; mark.lane@news-jrnl.com; Margie Menzel; Ron Gunzburger; Pat Rice; L A Jones; Mark Harper; Bruce Nathan; Alan Grayson; bill@mcculloughforflorida.com; April Freeman For Congress; Bill Swartz; drussell@pappasrussell.com; info@barringerforcongress.com; info@denaforcongress.com; Joseph Smith; dwayne.taylor@myfloridahouse.gov; tonyR@thegreenpapers.com; Charles Tolbert; Neil Cosentino; newsdesk@mynews13.com; John Sawyer; Jim Saunders; Linda Saethre; Putnam D; “Hilton, Kenneth (CCL)”; chair@volusiademocraticparty.org; kderby@sunshinestatenews.com; Mark Harper; bill@mcculloughforflorida.com; drussell@pappasrussell.com; dwayne.taylor@myfloridahouse.gov; info@barringerforcongress.com; mark.lane@news-jrnl.com; Margie Menzel; skyler.swisher@news-jrnl.com; Pat Rice; Anne Smith; chair@volusiademocraticparty.org; newsdesk@mynews13.com; William Gibson; Wayne Liebnitzky; asteele@ae911truth.org; Bruce Nathan; jgrogg@scgov.net; Lynne.Simpkins@lakelandgov.net;HBarnes@fortlauderdale.gov; SheriRoberts@fortlauderdale.gov; JulieM@jupiter.fl.us; SloanW@hillsboroughcounty.org; debbie.deleon@mymanatee.org; cheri.coryea@mymanatee.org; griffina@talgov.com; mlui@scgov.net; cindy.light@cityoforlando.net; Susan.Ajoc@stpete.org; Dcarter@melbourneflorida.org; mjr@gate.net; Lavon.Williams@ocfl.net; ekimasor2K12@hotmail.com; Nathan Huckaby; Sally Baptiste American Statesman; Radio Show Iowa Brad; William (Bill) Wayland Chair Constitution Party of Florida; Sebring Bobbie Bean; FloridaFairAndOpenPrimaries@tampabay.rr.com; David Lightman; Trump; bfarber@wnd.com; William (Bill) Wayland Chair Constitution Party of Florida; Radio Show Iowa Brad; Wayne Liebnitzky; Richard Dembinsky; Gov Tx; ntomboulides@termlimits.org; caroladonofrio@gmail.com; danny@thebectons.us; Bbeitz@me.com; pwgentry@gmail.com; nsimonic@simonic.net; ccox@mayresort.com; info@farmtoconsumer.org; PolkCountyDemocrats@Gmail.com; beverlyledbetter@eastpascodems.com
Cc: abruzzo.joseph.web@flsenate.gov; altman.thad.web@flsenate.gov; bean.aaron.web@flsenate.gov; benacquisto.lizbeth.web@flsenate.gov; bradley.rob.web@flsenate.gov; brandes.jeff.web@flsenate.gov; braynon.oscar.web@flsenate.gov; bullard.dwight.web@flsenate.gov;clemens.jeff.web@flsenate.gov; dean.charles.web@flsenate.gov; detert.nancy.web@flsenate.gov; portilla.miguel.web@flsenate.gov; evers.greg.web@flsenate.gov; flores.anitere.web@flsenate.gov; gaetz.don.web@flsenate.gov; galvano.bill.web@flsenate.gov; garcia.rene.web@flsenate.gov;gardiner.andy.web@flsenate.gov; gibson.audrey.web@flsenate.gov; grimsley.denise.web@flsenate.gov; hays.alan.web@flsenate.gov; hukill.dorothy.web@flsenate.gov; joyner.arthenia.web@flsenate.gov; latvala.jack.web@flsenate.gov; lee.tom.web@flsenate.gov; legg.john.web@flsenate.gov;margolis.gwen.web@flsenate.gov; montford.bill.web@flsenate.gov; negron.joe.web@flsenate.gov; richter.garrett.web@flsenate.gov; ring.jeremy.web@flsenate.gov; sachs.maria.web@flsenate.gov; simmons.david.web@flsenate.gov; simpson.wilton.web@flsenate.gov; smith.chris.web@flsenate.gov;sobel.eleanor.web@flsenate.gov; soto.darren.web@flsenate.gov; stargel.kelli.web@flsenate.gov; thompson.geraldine.web@flsenate.gov; hutson.travis.web@flsenate.gov; Ken Detzner; Pam Bondi; Frank Denton; Jim Dao; Scott Pelley; Bob Woodward; Office of Open Government; Alec and Deborah Pueschel
Subject: Fw: Florida Violation of US Constitution

United States District Court
Northern District of Florida

Case No. 000000
Judge B. Just
Charles Frederick Tolbert, EdD
Write-In Candidate for U.S. Senate,
Plaintiff,
v.

State of Florida Legislature
Defendants.
_______________________________/

VERIFIED MOTION FOR SUMMARY JUDGMENT

Comes now before this Honorable Court the timely Motion for Summary Judgment to enter a Cease and Desist Order against The State of Florida Legislature for Violation of The United States Constitution in Illegal Election Law Legislation.

GENERAL SUMMARY JUDGMENT ARGUMENT

1. There are no material issues of fact that need to be decided by the court in this cause.
2. The controlling Constitutional Law and Statutory Authority cited herein is such that no fact issues remain that can affect the outcome as a matter of law.

GENERAL FACTUAL ALLEGATIONS

1. This Cease and Desist Motion is Serving Notice that the Two Party domination of the political system here in the State of Florida is in Violation of 24th Amendment that states:
2. Article I: “The right of citizens of the United States to vote in any primary or other election for President or Vice President, for electors for President or Vice President, or for Senator or Representative in Congress, shall not be denied or abridged by the United States or any state by reason of failure to pay any poll tax or other tax.”

3.. The States do not have the right to choose to Close Primaries. Open Primaries is the Constitutional Law of the Land.

4. The States do not have the right of force people to join Political Parties and to pay Party Dues in order to Vote in a Primary Election. Nor do they have the right to charge Party Assessment Fees for a candidate to be able to Run for Federal Office in any Election, that is a form of Tax Collection by the State and the Respective Political Parties prohibited by The U.S. Constitution.

5. Thereby, The State of Florida, Is Hereby To Be Ordered To Cease and Desist from Conducting “Closed Primary Elections,” and is to be Further Remanded by the Court from Charging Excessive Ballot Assessment Fees (currently set at $10,440 for Party Affiliations, 6% of the annual salary, paid directly to the Major Political Parties, and $6,960 for No Party Affiliations, 4% of the annual salary, paid to the State Coffers.)

6. Or, from setting other harsh conditions, as a type of tax, with their attached Verifying Fees as stipulated for by the State of Florida in the requiring of over excessive and burdensome amounts of Signed Petitions to be gathered, currently set at 1% of a U.S. House District’s Registered Voters, (4,616 in the 4th CD FL in example;) or 119,316 Signed and Verified Petitions State-Wide for a Candidate running for U.S. Senate; which would cost $11,931.60 to verify at $.10 a petition with the County Supervisors of Elections; (that amounts to being cheaper to pay the exorbitant Ballot Assessment Fee of $10,440 demanded to be paid directly to the Political Parties, to draw a conclusion about,) in order for a Candidate’s Name to be placed on the ballot.

7. Article II: states that the Federal Congress is charged with making Federal Election Laws and Enforcing those Election Laws. It is a Federal Constitution, a Federal Election; and Federal Offices being decided, that: “Shall not be denied or abridged by a Poll Tax or Other Tax.” A condition that a citizen has to be a member of Political Party to vote in the Primary is a TAX.
8. The Key to understand here, is the wording, “or Other Tax.” In demonstration to the court of how “Illegally Contrived” Florida’s Election Laws are in Violation of The U.S. Constitution.

CONTROLLING CONSTITUTIONAL LAW

Amendment XXIV ratified to the Constitution On January 23, 1964
Section 1. The right of citizens of the United States to vote in any primary or other election for President or Vice President, for electors for President or Vice President, or for Senator or Representative in Congress, shall not be denied or abridged by the United States or any state by reason of failure to pay any poll tax or other tax.
Section 2. The Congress shall have power to enforce this article by appropriate legislation.
CONCLUSION

Wherefore the Plaintiff moves this Honorable Court to enter an Order for Final Summary Judgment in his favor upon The Florida Legislature to Cease and Desist from its Closed Primary Elections, and to dissolve The Overly Excessive Ballot Assessment Fees and Undue Petition Requirements for Federal Office Seekers immediately forthwith, and grant such other and further relief as may be reasonable and just under the circumstances.

_____________________________________________
Charles Frederick Tolbert, EdD
Write-In Candidate for United States Senate Florida 2016

Gary L. Koniz – YHWH
Journalist Correspondent
Independent Candidate for
U.S. House of Representatives, 4th CD, FL
“United Labor Unifying The Nation Providing Jobs
And A Fair Cost Of Living Wage For The People”
(904) 730-2055 Office
www.garykonizforcongress.com
www.news4jax.com/politics/gary-koniz/29170618

The Right Formula for Peace and Prosperity in Our Time: Calls For a Fair Deal Prevailing Middle Class Wage Legislation with an Anti-Trust Fair Price Cost of Living Regulation Agreement, an Affordable Graduated FICA Payroll Deducted National Health and Dental Care Plan, and for Full Faith Fiat Issue; To Fund For Government Services, Create Employment, Provide for the Environment, Education, and Emergency Relief, and To Preclude Fiscal Deficit by Issuing Taxation Shortfall directly from the Treasury instead of borrowing it at excessively high interest rates; (there is a Lending Conspiracy going on here that is tied to the annual Congress Approval in Escalation of the National Debt Ceiling;) and to ensure that the Stock Market is not being subject to manipulation by placing a Cap on how far any giving stock can fall, (3% of its value) on any given Trading Day; that will in all, and along with a Fair Balance of Foreign Trade, Produce the Consumer Purchasing Power We Need for Economic Vitality, Growth, and Stability.

http://www.lulu.com/shop/gary-koniz/the-independent-workers-party-campaign-2014/ebook/product-21937803.html

“That the Earth with All Its Life Abounding Exists in the Eternity of Infinite Time and Space is a miracle beyond comprehension to behold. Let us therefore govern ourselves accordingly. In The End You Will Say, We Did It Ourselves. Sophisticated Reasoning Is In Order. We Are The Only Ones Who Can Make Those Determinations Of Choice.”

From: cfabamerica@gmail.com
Sent: Wednesday, June 8, 2016 9:00 AM
To: Gary Koniz; Bruce Nathan; Nathan Huckaby; Radio Show Iowa Brad; Sally Baptiste American Statesman; Npa Tampa Neil Cosentino; onballot@gmail.com; Sebring Bobbie Bean
Subject: Florida violation of US Constitution

Currently Florida violates three major United States constitutional issues:

Charles Frederick Tolbert EdD
Candidate for US Senate Florida 2016 NPA

Write in Candidate
Retired MSGT
Pastor

Well Done! Dr. Tolbert. You are the concerned intelligent man we need for the Job of Representing us as our Senator in Washington.

I have archived your Felon Voting Rights research to my Website under the heading “Ten Point Plan,” and your formal declaration of English as the Official Language spoken here to my “Homepage” with my pledge of support to your candidacy for The U.S. Senate in 2016.

I have attached the DWI Reform Legislation and its evil counterpart the Plea Bargaining Injustice Reform Bill for your review. The Corrupt Mafia Alcohol Lobby has crafted the current law “of some alcohol” over the road to entrap and make “Felons” out of otherwise decent and hardworking citizens out for an evening of socialization. The DWI Law should read “NO ALCOHOL ALLOWED WHATSOEVER OVER THE ROAD!” Does everyone understand that?

You can view these articles and all others pertaining to our impending take-over of The United States at this address:

www.garykonizforcongress.com
Ohio changed it laws allowing those who committed a felony and serve their time to vote and run for office we still have charges pressed against Florida

April 22, 2016
In 2014 while running for governor of the state of Florida, Dr. Charles Frederick Tolbert, who is currently a candidate for United States Senate 2016, filed grievances against Florida for violation of the U.S. and Florida Constitution.

Currently Florida violates three major United States constitutional issues:
1 -United States Constitution says open primary. Amendment XXIV

Section 1.

The right of citizens of the United States to vote in any primary or other election for President or Vice President, for electors for President or Vice President, or for Senator or Representative in Congress, shall not be denied or abridged by the United States or any state by reason of failure to pay any poll tax or other tax.

Section 2.

The Congress shall have power to enforce this article by appropriate legislation.
2 -United States Constitution says if one commits a felony and serves time, voting rights will be returned.
Amendment 15 Annotations fn7
Section. 1. The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any State on account of race, color, or previous condition of servitude.
Section. 2. The Congress shall have power to enforce this article by appropriate legislation.
– See more at: http://constitution.findlaw.com/amendments.html#sthash.OGeDmTlF.dpuf
National Conference of State Legislatures

In 2009, Washington restored the right to vote to felons who completed their sentences, while requiring them to re-register to vote.
search
Back
Felon Voting Rights
FELON VOTING RIGHTS
1/4/2016
TABLE OF CONTENTS
Background and History
Felons and Disenfranchisement
Categories of Disenfranchisement
Barriers to the Restoration of Rights
Recent State Action
The following information is provided for background information only. NCSL is unable to assist in or offer advice on the restoration of voting rights. We recommend that anyone interested in obtaining specific information on how to regain voting rights contact election officials in the jurisdiction where the person wishes to register and vote.
Background and History
The idea of taking away a criminal’s right to vote has been around since ancient Greece and Rome. A condition called “civil death” in Europe involved the forfeiture of property, the loss of the right to appear in court, and a prohibition on entering into contracts, as well as the loss of voting rights. Civil death was brought to America by English colonists, but most aspects of it were eventually abolished, leaving only felon disenfranchisement intact in some parts of modern America.
Felons and Disenfranchisement
According to The Sentencing Project, 5.3 million Americans (1 in 40 adults) were unable to vote due to a felony conviction in the 2008 elections. This included 1.4 million African-American men, more than 676,000 women, and 2.1 million ex-offenders who have completed their sentences.
Categories of Disenfranchisement
State approaches to felon disenfranchisement vary tremendously. In Maine and Vermont, felons never lose their right to vote, even while they are incarcerated. In Florida, Iowa and Virginia, felons and ex-felons permanently lose their right to vote. Virginia and Florida have supplementary programs which facilitate gubernatorial pardons. The remaining states each have their own approaches to the issue.
In 38 states and the District of Columbia, most ex-felons automatically gain the right to vote upon the completion of their sentence.
In some states, ex-felons must wait for a certain period of time after the completion of their sentence before rights can be restored.
In some states, an ex-felon must apply to have voting rights restored.
Barriers to the Restoration of Rights
Even in states where ex-offenders automatically regain the right to vote upon completion of their sentence, the process of re-registering to vote often is difficult. One reason is the complexity of the laws and processes surrounding disenfranchisement. In some cases, it is difficult to determine whose rights can be restored. This can vary in some states according to the date of the crime, the conviction, or the release from prison, or the nature of the crime. The complex restoration process also can be daunting. It often involves lengthy paperwork, burdensome documentation, and the involvement and coordination of several state agencies.
A second barrier to restoration of voting rights for ex-offenders is the often inconsistent communication among agencies. The methods of communicating the loss and restoration of voting rights among courts, corrections and elections officials are not always reliable, timely or consistent. This inconsistency can result in uneven application of the law, even when the laws are clear. Another barrier is lack of information. Ex-offenders sometimes are not aware that they regain their voting rights automatically upon completion of their sentence. They go through life believing they cannot vote when, in fact, they can. In other cases, they are not informed of the process for regaining their rights or offered assistance in doing so. As long as they remain ignorant of the necessary steps, ex-offenders cannot begin the process of regaining voting rights.
A final obstacle is under-funding of parole boards in some states where offenders must apply to have their rights restored. A massive backlog of applications can exist because the agencies do not have adequate staff or resources to process them in a timely manner.
Recent State Action
Most–though not all–recent state legislation seeks to expand felon voting rights and ease the process of restoration. Between 1996 and 2008, 28 states passed new laws on felon voting rights.
Seven repealed lifetime disenfranchisement laws, at least for some ex-offenders.
Two gave probationers the right to vote.
Seven improved data-sharing procedures among state agencies.
Nine passed requirements that ex-offenders be given information and/or assistance in regaining their voting rights at the time they complete their sentence.
Twelve simplified the process for regaining voting rights, for instance, by eliminating a waiting period or streamlining the paperwork process.
Since 2008:
In 2009, Washington restored the right to vote to felons who completed their sentences, while requiring them to re-register to vote.
2011, the Florida Board of Executive Clemency (composed of the governor and three cabinet members) reversed a 2007 policy change that automatically restored voting rights to non-violent offenders upon the completion of their sentence. The new policy requires that all ex-felons wait between five and seven years before applying to regain voting rights. In Iowa, the governor in 2011 reversed an executive order issued in 2005 under the previous governor. The 2005 order automatically restored the voting rights of all ex-felons, but under the 2011 order they will now have to apply to regain rights. In Tennessee, HB 1117 was enacted, adding to the list of felons who will not be eligible to vote again.

English Is the Official Language of Florida Initiative (Article II, Section 9) {Adopted}
3 -Florida Constitution states english only. If then any business or major company uses English and Spanish without using the other languages it is a violation of the Florida constitution.
The English as Florida’s Official Language Amendment, on the ballot as Measure 11, was on the 1988 ballotin Florida as an initiated constitutional amendment.
Amendment 11 established English as the official state language. It was approved.
Charles Frederick Tolbert candidate for United States Senate Florida 2016
Citizens For A Better America Party of Florida
Www.cfabamerica.com

Www.cfabamerica.com

DOE United States District Court 6-9-2016.pdfDOE United States District Court 6-9-2016.docx

Www.cfabamerica.com

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