Dear Assistant Attorney General Dhillon and the DOJ Civil Rights Division Voting Section,

My name is Bernard Vaiselberg. I am a candidate who ran in the June 23, 2026, Republican primary election for New York State Senate, 22nd Senatorial District, in Brooklyn, New York. I am writing to formally request that the Department of Justice Civil Rights Division investigate the Board of Elections in the City of New York, specifically its Kings County Operations, for the destruction of federal election records, systematic chain-of-custody failures, and conduct so egregious that the Board’s own chief clerk testified under oath that there is no possible way to verify who won this election.

The June 23, 2026, ballot included races for the United States House of Representatives, making this a federal election. The Civil Rights Act of 1960, codified at 52 U.S.C. §§ 20701–20706, imposes an obligation on election officers to retain and preserve all records relating to any act requisite to voting in a federal primary for 22 months, and makes willful destruction of those records a federal crime. The Kings County Board of Elections destroyed tamper-evident security seals that are part of the chain-of-custody record for ballot containers. These destroyed seals were photographed in a trash can, and that photograph is part of the court record. The Board did not obtain authorization from the New York State Archives Director as required under 8 NYCRR § 188.29, failed to preserve the records through the final determination of this proceeding as required under New York Election Law § 3-220(6), and did not preserve them for the 22-month federal period required under 52 U.S.C. § 20701. I respectfully request that the DOJ open an immediate investigation.

Case Reference

• Case: Vaiselberg v. Caller, Index No. 523785/2026, Kings County Supreme Court, New York
• Judge: Hon. Peter P. Sweeney
• Status: Decision issued August 6, 2026; Notice of Appeal filed August 6, 2026.
• Public Docket: [link removed]

Chief Clerk Testimony

The Board of Elections’ own chief clerk, Salvatore Barrera, testified under oath on July 24, 2026, that there is “no possible way” to verify who actually won this election (NYSCEF Doc. No. 52, Transcript pages 5–6 and 145). The certified margin between the candidates is 18 votes out of 1,257 ballots counted. Despite this testimony, the court denied my petition. I am writing because the evidence in this proceeding raises serious questions about the integrity of elections administered by the Kings County Board of Elections that extend far beyond this single race.

Federal Records Violations

The Civil Rights Act of 1960 requires the preservation of all records and papers relating to federal primary elections for twenty-two months, and 52 U.S.C. § 20702 makes willful destruction of these records a criminal offense. Tamper-evident security seals on ballot containers are vital chain-of-custody records. NYSCEF Doc. No. 30 contains photographs of used security seals discarded in a trash can at the Board of Elections warehouse.

This destruction also violated New York Election Law § 3-220(6), which requires preservation during active litigation, and 8 NYCRR § 188.29, which mandates written authorization from the Director of the New York State Archives prior to destroying records. No such authorization exists in the record.

Documented Irregularities from the Court Record

The following facts are established by sworn testimony, affirmations filed under penalty of perjury, and court-admitted exhibits:

1. Missing Reconciliation Forms: The Board cannot locate mandatory ballot reconciliation forms (New York Election Law § 9-106) for 17 election districts within SD-22, covering approximately 144 to 170 ballots—a range that exceeds the 18-vote margin. This was confirmed under oath by Chief Clerk Barrera (NYSCEF Doc. No. 52, Tr. 7/24/26 at 5–6, 145).
2. Voter Discrepancy: A comparison of state voter history files against manual canvass results shows 1,241 actual voters versus 1,257 ballots counted, leaving a discrepancy of 16 ballots unaccounted for (NYSCEF Doc. No. 51).
3. Compromised Key Custody: Both custody keys to the ballot containers were kept together in a single lockbox, eliminating required bipartisan dual control.
4. Opened Reconciliation Envelopes: Every sealed reconciliation envelope inspected by the petitioner’s attorney had already been opened, with some seals discarded in the trash (NYSCEF Doc. No. 52, Tr. 7/24/26 at 5–6).
5. Unbroken Seal Access: On July 17, 2026, a ballot bin was opened in court using a physical key without breaking the tamper-evident seal, demonstrating that the bin could be accessed without altering the seal (NYSCEF Doc. No. 40, Tr. 7/17/26).
6. Unilateral Ballot Handling: A Board worker was documented opening ballot boxes alone, violating requirements for bipartisan teams (NYSCEF Doc. No. 48).
7. Observation Restrictions: The court-ordered 4-foot observation table was bypassed, and counting was conducted 13 feet away, preventing clear observation (NYSCEF Doc. No. 32). Additionally, the automated audit tool results were withheld from the petitioner’s team (NYSCEF Doc. No. 23).
8. Observer Removal: Certified nonpartisan observer Lulu Friesdat, Executive Director of SMART Elections, was physically removed from the facility and excluded from testifying (NYSCEF Doc. No. 47).
9. Expert Exclusion: Dr. Douglas W. Jones, a co-author of federal election security standards and former advisor to the U.S. Election Assistance Commission, was excluded from testifying as an expert (NYSCEF Doc. No. 43).
10. Broken Seals: Poll worker Michael Ring documented a ballot box with two broken seals containing neatly stacked ballots, invalidating the security of those contents (NYSCEF Doc. No. 34).
11. Prior History: SMART Elections previously documented 698 excess ballots in a Kings County precinct during the 2021 election, which remains unresolved and subject to separate litigation (NYSCEF Doc. No. 47, ¶ 7).

Judicial Status

Judge Sweeney denied the petition on August 6, 2026, concluding that despite these irregularities, the recount results stand absent proof that a specific ballot was altered. A notice of appeal is pending before the Appellate Division, Second Department. As of August 16, 2026, an Order to Show Cause has been filed to settle the transcripts for the appellate record (CPLR 5525(c)). The Board of Elections has consented to the accuracy of these transcripts, which include Chief Clerk Barrera’s testimony (NYSCEF Doc. Nos. 69-70).

I am not asking the DOJ to interfere with the ongoing appeal. I am asking the DOJ to investigate whether federal election records were destroyed in violation of 52 U.S.C. §§ 20701–20706, and whether the systemic conduct of the Kings County Board of Elections warrants federal intervention.

Contact Information

Bernard Vaiselberg (Complainant)
Cell: 917-757-0367
Email: BernardV777@gmail.com

Jimmy Wagner, Esq. (Attorney of Record)
Law Office of Jimmy Wagner
2055 Flatbush Avenue, Brooklyn, New York 11234
Office: 929-477-8889 | Cell: 718-288-2048
Email: jimmy013@gmail.com

I am available to speak with investigators at any time. My attorney is prepared to provide the full court record, transcripts, and exhibits, and multiple witnesses are willing to speak with the DOJ directly.

Respectfully submitted,

Bernard Vaiselberg
Aggrieved Candidate-Petitioner, Vaiselberg v. Caller

Tough Times Don’t Last …. Tough People Do…