Candidate for
Director; Alameda-Contra Costa Transit District; Ward 5

NANCY JEWELL CROSS

Occupation: Transportation Systems Developer,
Chief Executive Officer of
CLEAN AIR TRANSPORTATION SYSTEMS
Regional & Interregional Developers

My education and qualifications are: I secured retrofitting big transbay buses' luggage bins for four bicycles additionally to two on front rack, and Dumbarton bus weekend service--coming! . . . I seek bus service to Fremont Main Library entrance, 7-days service to Quarry Lakes Regional Park, transferless service from Cedar Boulevard Boulevard up Mowry. ^ < ^ > AC Transit District wouldn't be in deficit if its 800-bus fleet were loaded toward riders'-, neighborhoods'-, and taxpayers'-friendly small buses: 1/4$$ to buy, 1/2$$ to operate, without diesel shrill (85dB!) and pollution! . . . See "Waiting to Inhale", East Bay Express 8/7/02. . . . To justify a schedule, big buses require minimally 20-25 passengers/revenue hour, small buses 12-15. . . . Instead of cutting a schedule/route because big bus use isn't justified, add frequency, hours, and days of service using small buses at less cost--gain more riders and revenue! ^ < ^ > In 1999, carpetbagging AC Transit District Directors clandestinely dealt wholesale change in Fremont-Newark bus system: $5,000,000+ for 50% more big bus combusing, worsened service. . . . Buses emptied. . . . Passengers/revenue hour plummeted 21.6 to 14.7! ^ < ^ > For better future, local autonomy, support for city/transportation offices only candidates promising 1974 Annexation Agreement to voters! . . . One here! . . . For AC Transit District and Bart District, vote for the candidate moving transportation dreams into reality! . . .

QUESTIONS AND ANSWERS

Question 1: Your Candidate's Statement in the Alameda County Registrar of Voters official pre-election booklet is shorter--for example, it begins with only part of the first sentence here. Looking into the Statement I can see where in the Registrar's booklet words were left out. Also, your name on the ballot doesn't have an occupation listed below as do the other names. You are the incumbent in AC Transit Ward 5 Director office, completing an initial four-year term. Your competitor at this time is, and in 1998 was a man who occupied the same office for eight years. At the General Election in 1998, four years ago, voters in the options decided for a change, and you became southern Alameda County's voice on the AC Transit Board.

^=^Answer to Q1: Yes, the election chronology is correct. And it wasn't a bottle of whiteout falling over on my papers that caused my Candidate's Statement to be altered from what I wrote and the county elections department filed into what you received in the mail from the Registrar of Voters! Compare specifically the true, above, with the Registrar's output. The changes weren't caused by an earth tremor, electric short, or computer fatigue. More like a computer hacker--a person bent on sabotaging my candidacy, messing with my communications to boost another candidate's getting the vote.

Who would the hacker be? Certain interests find a transportation-, and law-, knowledgable independent voice from southern Alameda County uncomfortable. They'd like to take over all public offices to be one major party-, no matter that they are denominated "non-partisan. AC Transit regularly meeting in Oakland out-of-sight, out-of-mind to people living in suburban southern Alameda County should be an easy pushover, given the newspapers circulating in southern Alameda County are headquartered in metropoli Oakland where the AC Board president lives, and San Jose, where he is employed. It's so much easier in relationships on the board if no one on the board observes and objects to diverse ways of making district policies and investments to favor the northern part of the district and their representatives' political interests at the expense of the southern part. It doesn't require that no person be on the AC Transit board from Ward 5; only that the person who comes to Oakland board meetings from Ward 5 put go-along-to-get-along to right-party interests ahead of alertness and capability to interests of the people in transportation, equitably. The endorsement list and qualifications are clues.

Who is listened to by choice of the Board President? People living in the southern part of the District are without local hearing in major investments and policies of the District, including even notice and local hearing prior to changes in bus routes and schedules in our area. Residents in the northern part of the District get these notices as of course twice a year, each accompanied with opportunity to be heard on specific changes at both 3pm and 6pm in Oakland.

Was it an outsider seeking political control of the
results of this election in southern Alameda County
in scenario foregoing who caused the hacking of my
Candidate's Statement and ballot occupational
designation?

The Registrar of Voters' several-page official "Declaration of Candidacy" has a place for candidates to choose what they want to have listed for occupation under their name on the ballot--in not more than three words. I could have chosen "Incumbent" for my AC Transit candidacy, if I wanted to, but only without anything else. Instead, I put on the Declaration of Candidacy form for the ballot-listing for both Bart and AC Transit what I have on my voter registration; namely, "Transportation Systems Developer".

Question 2: And yet the ballots came with your occupation deleted! Interesting. What's going on? To figure this out I need more information. First tell me about the process of becoming a candidate for Bart and AC Transit, and who besides you were involved in it.

^=^Answer to Q2: For the November 5, 2002 General Election, AC Transit required signatures of 50 people registered to vote in Ward 5 on forms provided by the Alameda County Registrar of Voters at 1221 Oak Street in Oakland turned in by August 9. I turned my nominating paper for AC Transit in with 100 signatures before the last day so the office could check the signatures before the final day. They were sufficient. Bart does not require a nominating paper with signatures. The Declaration of Candidacy, which is "the document" to be complied with, examined, and filed, also has an Oath of Allegiance.

Optionally--and this is also a part of the Declaration of Candidacy, a candidate can have a Candidate's Statement, printed in a booklet mailed by the Registrar of Voters to all the people registered to vote in the jurisdiction. This requires submitting the text typed in not more than 200 words all in a single paragraph without emphases, paying for printing, $400 to AC Transit and/or $750 to Bart, and signing a "Filing Rules/Agreement" in the Declaration of Candidacy. I put up the $400 for the Candidate's Statement above for AC Transit, the Deputy Registrar counted the words--200, and on August 9, at the Registrar's office in Oakland, the Deputy Registrar in charge approved and filed my Declarations of Candidacy for AC Transit and Bart.

Question 3: The next thing I need to know is, considering the law, does the registrar of voters have any say over the content of the Candidates Statement--or only over the form and format--the number of words, the time, place, and manner sort of thing? To change a person's statement over her signature, and delete her occupation on the ballot from what she designated in the Declaration of Candidacy and was on her voting registration card--that doesn't sound right. It's wrong, like forgery, misprision, or altering of documents. It interferes with freedom of speech and the press on a public matter in a public forum. As a voter I, and I think other people, rely on government to be honest and fair. If as a candidate I pay $400 for the printing of a Candidate's Statement to be included in official materials mailed to people eligible to vote, I rely on its being printed as I wrote it and mailed to people registered to vote. Government expects me to pay taxes for its services. Haven't I a right to "fair play and honest dealing", or however it is in the trade, from government no less than in the commercial world?

^=^Answer to Q3: Yes. But remedy is another thing! I avoid writing letters to the editor over this same kind of thing--that my writing will be changed over my name without my permission. It's awful to experience false reliance on integrity of process! Is that stealing of intellectual property? A converse would be to put another person's name to my writing. They say that copying another person is a form of flattery. Does flattery mitigate the taking of one's name or literary work product? Well, to return to the election subject, while the Registrar of Voters may not read constitutional law in depth, one might expect that he would know the United States Constitution and California Constitution guarantee freedom of speech and expression vis-à-vis government, and the Civil Code says that one may not exercise her or his rights to deprive others of theirs. But even if that expectation is ill-founded, might he not for sure be expected to know and conform to his own rules and agreement on Candidates Statements? You'll recall I said the Declaration of Candidacy included a Filing Rules/Agreement to be signed by candidates opting for the Registrar's printing their Candidate's Statement. Here it is in the part relevant to whether the candidate is informed that the Registrar may change the Candidate's Statement.

ALAMEDA COUNTY REGISTRAR OF VOTERS CANDIDATE'S STATEMENT

FILING RULES/AGREEMENT

General Information: The law permits Nonpartisan Candidates to file a Candidate's Statement to be mailed with the sample ballot. Filing of Statement is not mandatory but is permissive if the candidate desires to file.

Form: The statement must be prepared on a form provided by the Election Official. Candidate must type the candidate's statement in upper and lower case type. . . . Statements will be typeset exactly as submitted: candidates are therefore advised to carefully check their statements for errors in spelling, punctuation and grammar. The Registrar of Voters makes corrections only to the format of the statement. . . . The statement will be printed in accordance with the requirements of the California Elections Code.

[Places for the candidate to sign and date]

I think that the Registrar should also, mandatorily, sign and date the Agreement with each candidate!

Question 5: The official election materials couldn't be as I in southern Alameda received them without the Registrar's OK. Now, thinking about remedy of wrong from this source, and whether you have "exhausted" what I can conceive of them from government, I'm going to ask you a bunch of leading questions: Did the Registrar have the County Counsel ask a judge to delete your occupation from the ballot for AC Transit and alter your Candidate's Statement, and a Deputy County Counsel tell you by telephone that the Registrar's position to the court, over another person's attorney's moving to censor, was that the Registrar had no reason to change your occupational designation and Candidate's Statement for printing and would not do so unless ordered to the contrary, and would so express its position at a court event forthcoming?

^=^Answer to Q5: Yes.

Question 6: Did the County Counsel then go to an Alameda County Superior Court judge who without due process notice to you with opportunity to you to file written response within 10 or 30 days, or appearance of a plaintiff, or complaint verified by a plaintiff, in your absence at outset of a law and motion calendar, without any alternative writ or setting on trial calendar, sign a paper instructing the Registrar in your candidacy for AC Transit to delete your occupation from the ballot and censor your argument as sought by a non-appearing and non-verifying plaintiff, and then tell you when you appeared in the courtroom in objection, that it was all over and there was nothing he could do because the attorneys for the plaintiff and defendant Registrar of Voters had agreed and left the courtroom?

^=^Answer to Q6: Yes.

Question 7: Although the paper signed by the judge did not mention your candidacy for the Bart Board, did the Registrar also delete your occupation from the ballot for Bart director?

^=^Answer to Q7: Yes.

Question 8: When you appeared a few days later in the courtroom of the same judge with a paper filed setting forth constitutional and jurisdictional objections to his actions to lend his authority to the Registrar to censor your occupation from the ballot and Candidate's Statement, did the judge try to get you to waive those objections on which he was by law required to rule in advance of deciding for any changes in election materials, and when you stood your ground over his efforts to manipulate you, did the judge shout venomously at you for a lengthy time in further effort to change your mind, and, not succeeding, ignore your orally and in writing presented constitutional and jurisdictional objections?

^=^Answer to Q8: Yes.

Question 9: In assembling writing for the ballot to be printed, checking printer's proofs, and printing materials to be mailed to people registered to vote, in tight sequence, would a different court, say a federal court, or higher state, court be informed and be able to act timely to correct false or altered written materials to prevent a miscarriage of justice, so to speak, or miscarriage of honest elections?

^=^Answer to Q9: No. In elections cases other courts limit themselves to what they envision can be done "seasonably". For example, after the election passing on a ballots-counting challenge or the constitutionality of a measure approved by the voters. False materials at a candidate election sent out by the Registrar of Voters, the formally-structured courts can't deal with either before to prevent injury, or afterward in adequate remedy. By then the issue is moot, done, kaput! Hit-and-run situation. Snipers and aides and abettors win the day! Remember what happened in the United States Supreme Court on challenges of the Florida election for president, when the Court was pushed to move at a rate inconsistent with its pacemaker.

Question 10: What about the county's grand jury looking into abuses stemming from current lack of plain, speedy, and adequate--timely! remedy to prevent threatening falsity in materials to be mailed to people registered to vote?

^=^Answer to Q10. For one thing, the county's grand jury has no less deliberative pace than the United States Supreme Court and other courts in civil cases. For a second thing, what influences a judge to condone, or to refuse recourse against, wilful falsity in materials mailed to prospective voters, will also be present on a county grand jury comprised of 19 people decided by lot from a pool of 30 people appointed exclusively by Superior Court judges, reporting to one judge, mediated by the District Attorney. In other words, right now we're on our own for remedy! Timely remedy. Consultation by telephone and e-mail with other people who can vote in this election is an option.

Question 11: Who put this dreamboat, bad-dream boat, afloat? Who selected what to delete?

^=^Answer to Q11: H.E. Christian Peeples, President of the AC Transit Board in 2002, State Bar member--online at http://www.calsb.org/cgi-bin/NT205C and http://www.calsb.org/cgi-bin/NT212C?083928 His objective: to silence a stong independent voice in AC Transit from Southern Alameda County.

Question 12: Would he dispute that?

^=^Answer to Q12: No, he considers it to his credit-- a measure of his sway, plotted and planned, party machine politics from Oakland. He wants to extend his/his party's control southward in this election. Negative campaigning slander and libel and now altered official election materials are just tools in his kit, strategies, targeting, for four years now, southern Alameda County's independent voice in transportation. Newspapers financially crippled from investigative journalism on a multicounty agency in the interests of people remote from the headquarters of the newspaper and AC Transit are easy marks for volunteered slander/libel for news. It is intriguing to watch his and those following's, intellectual shoddy in southern Alameda County toward their goal of political party takeover. --Trying to false image one candidate in the public eye with evidence-unsupported slopbucket disparagment reiterated by innuendo to qualify another candidate! It reminds of the 13th-17th centuries branding wise women, witches, 19th century lynchings of people of african heritage, and in the 21st century now report of some Kansans coming to Newark, California to picket for nonacceptance of transgendered youth.

Question 13: Why does H.E. Christian Peeples fear an independent voice on transportation in AC Transit from Southern Alameda County?

^=^Answer to Q13: Fine question, but the answer to that question will have to await another day and likely another forum.

Clicking back to sub main subject: the election processes, we want to prevent deliberate falsification of election materials in official government processes intended to take advantage of the public's expectation of fairness, regularity, and respect for constitutions and other law applicable. We cannot rely on fairness and regularity in election processes out of our sight. The Alameda County Board of Supervisors and its members have measures they want voters to approve, and candidates they want to favor to advance their individual interests. The county board of supervisors and its members share interests with boards of Bart and AC Transit and city councils in trying to exact more money from the people, by whatever means, individually and collectively! The Registrar of Voters is appointed by and serves at the pleasure of the board. Would the Registrar heed the Supervisors' interests and instructions in his interest in keeping his job?--Constitutions, statutes, his own guidelines, and expectancies of the public in fairness and regularity of election processes, notwithstanding!

Question 14: Next?

^=^Answer to Q14: There is one more court, the court of the people.

"All political power is inherent in the people. Government is instituted for their protection, security, and benefit, and they have the right to alter or reform it when the public good may require."

Question 15: How can the power be exercised?

^=^Answer to Q15: The constitution-composers were not so presumptious as to instruct the people how!

If you want to let the Alameda County of Voters know what you think, you could, at least, leave a message for him. There's a toll-free number listed in the telephone book:(800) 834-6454, TDD (510) 208-4967. His fax number is(510) 272-6982, and office address: 1225 Fallon Street, Oakland, California 94612-4283. If you want to be heard by his employer, you might contact the Alameda County Supervisor whom the other candidate for AC Transit lists among his endorsers; namely, Scott Haggerty, a resident of Livermore whose District I includes part of Fremont. His principal office is at the County Administration Building at 1221 Oak Street, Oakland, for which the telephone number listed is (510) 272-6691. It could give you and e-mail or fax number as well let you talk with the supervisor. If, in consideration of the suppression of a primary argument against Measure BB, the Bart board's seeking authorization for $1,050,000,000 general obligation bond, and censoring of the Rebuttal to Measure A put on the ballot by the Alameda County Board of Supervisors for a tax, related in critique (For information and discussion of the ballot measures here, please see in my Bart, Ward 6, Smart Voter pages, the position paper, "Land Use, Transportation, and Tax/Bond Authorization), you want to contact a director on the Bart Board adversarily interested in my candidacy and on the ballot measures to express your views, you might contact Tom Blalock, a resident of Fremont, whom the other candidate for AC Transit also lists among his endorsers. Bart Headquarters is at Lake Merritt Bart Station in Oakland, telephone (510) 464-6000, ask for the Board Office, or, more likely, in south county at (510) 490-7565, fax (510) 657-9079, 42,666 Sully Street, Fremont 94539. You will think of other places to be heard, on the election process.

However, before the election, what you can do to
inform prospective voters in AC Transit Ward 5 and
Bart Ward 6, the sovereigns, of what you think is
important is the highest priority in the brief time
before the election.

Question 16. How does the foregoing relate to choosing among candidates? --That's the big opportunity we have at hand!

^=^Answer to Q16: Among other guides, consider the following aphorisms:

"He who can and does not forbid what is done on his behalf is deemed to have bidden it."

"A man is known by his friends."

"The acts of an agent are attributable to his master."

"Habits of an person pursuing office follow in office."

KEEP A STRONG INDEPENDENT VOICE ON TRANSPORTATION
FROM SOUTHERN ALAMEDA COUNTY!

KEEP A

KEEP A STRONG

KEEP A STRONG INDEPENDENT VOICE

--VOICE ON TRANSPORTATION

KEEP A STRONG INDEPENDENT VOICE ON TRANSPORTATION

KEEP A STRONG INDEPENDENT VOICE ON TRANSPORTATION FROM
SOUTHERN ALAMEDA COUNTY!