Category: ballot access

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ballot access election law partisanship political challengers

Parties Demoted

voting, elections, primary, democracy, rules

Though “[s]everal left-​leaning groups have sued to block the former president from the state’s ballot on 14th Amendment grounds,” Tom Ozimek of The Epoch Times reported in November, “Trump Listed on Michigan Primary Ballot,” as the headline states.

The primary was yesterday. Trump won. As expected.

But he appeared on the primary ballot only with legal wrangling. Michigan Secretary of State Jocelyn Benson, a Democrat, was under a lot of pressure to keep Trump off the ballot. Which she resisted, explicitly stating that she thought the maneuver to allow state officials to prohibit Trump from appearing on ballots because of the 14th Amendment’s “insurrection” clause was a bad idea.

Michigan’s voting system is now quite complicated. First, it’s an open primary state, so there will always be strategic voting, where partisans will cross lines to sabotage opponent parties. Though in the case of Trump, there is some irony here, since Trump benefitted in 2016 from such voting by Democrats, thinking he was the candidate easiest to beat in the general election.

Michigan sports a hybrid system for selecting partisan candidates to appear on the general election ballot. “More of Michigan’s 55 delegates to the Republican National Convention (RNC) will be awarded,” explains Nathan Worcester, also of The Epoch Times, “through the caucus process than through the primary vote — 39 as opposed to just 16.” But there are dueling conventions for caucusing, and it’s quite a mess.*

Michigan also now offers early voting at special voting sites. Is it a sign of a healthy democracy that there are so many ways to vote?

It sure doesn’t seem healthy that national partisan politics almost kept a Republican candidate off a primary ballot. Could the solution be to take parties’ candidate selection entirely out of state balloting?

Demote major parties from their current favored position to paying their own way.

This is Common Sense. I’m Paul Jacob.

* In the Democratic Primary, President Biden won big against Dean Phillips, a largely unknown congressman from Minnesota, and author Marianne Williamson. But, with roughly half the vote counted, a not insignificant 14 percent of Democrats snubbed the president (and the field) by voting “Uncommitted.” Many were no doubt protesting the president’s policies concerning the Israel-​Hamas War; in the county containing the University of Michigan, 20 percent voted uncommitted. Yet, even in rural counties across Michigan, more than 10 percent of Democrats opted for uncommitted.

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Enthusiasm for Extremism in Action

Donald Trump, TDS, voting, election

She insists it’s about the rule of law. And not political. Not in any way.

“Maine Secretary of State Claims Politics Played ‘No Role’ in Booting Trump Off Ballot,” is how The Epoch Times headlined the story.

Secretary of State Shenna Bellows has unilaterally barred former President Donald Trump from the Maine presidential primary ballot. As in the Colorado case, the excuse rests with the January 6, 2021, protest rally and mob entrance into the capitol building. She says that “the weight of evidence” she “reviewed indicates that it was an insurrection.” 

Knowing what real insurrections are, and what words mean, and the long history of protests that get out of hand, including in recent times, most non-​partisan people, as well as all Trump supporters, must conclude just the opposite: no insurrection was even attempted.

Bellows may actually believe that the January 6 events constituted an insurrection, that her job allows her to do what has never been done in American history, and that this would be good for the nation.

On the insurrection issue, she and Democrats rely upon motivated reasoning. People worked up in a cause can believe almost anything that would aid the cause. Still, the common-​sense guess is that almost no one really believes her … but of course her Democratic comrades must pretend.

On the scope of her position, prudence would usually steer a partisan such as herself away from doing such a radical thing.

On the good of the nation, the clear hyperpartisan appearance would exacerbate tensions around the country, widening the divide into a chasm.

What may really be in evidence, though, is that leftists are mimicking the radicalism of the pandemic lockdowns, driven by the sheer frenzy of their vision of themselves as embodiments of righteousness … always to exercise arbitrary power.

An enthusiasm that spreads virally. As a mania. 

Thus does extremism work.

This is Common Sense. I’m Paul Jacob.

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ballot access election law judiciary

Democratic Mountain High

Donald Trump, Colorado Supreme Court, election, insurrection

How to spark a civil war?

“A divided Colorado Supreme Court on Tuesday declared former President Donald Trump ineligible for the White House under the U.S. Constitution’s insurrection clause and removed him from the state’s presidential primary ballot,” wrote David Knowles for Yahoo News. This will, of course, induce a “showdown in the nation’s highest court to decide whether the front-​runner for the GOP nomination can remain in the race.”

The idea — half plausible, I suppose — is that President Trump’s actions on January 6 spurred an insurrection attempt, therefore he is ineligible to run for any federal office.

But emphasize the half-​plausible, since, no matter how often Democrats repeat it, the rally-​turned-​mini-​riot-​turned-​incursion into the Capitol Building did not amount to anything like an insurrection. Capitol Hill interlopers on January 6 were neither prepared nor demonstrating a plan to overthrow the peaceful succession of power. 

They certainly didn’t try to take over the government.

Nor has Mr. Trump been convicted of any such thing.

But, as we all know, this is a controversial matter falling mostly on partisan lines (the Colorado State Supreme Court being made up entirely of Democratic appointees) … which makes interpretation of the third section of the 14th Amendment rather tricky.

The state-​by-​state lawsuits have been sponsored by progressive interest groups trying, desperately, to stop Donald Trump from pulling off a Grover Cleveland: returning to office after a fluke one-​term “pause.”

Yet, even if the Supreme Court balks at putting down this too-​clever-​by-​half-​plausible scheme, the best Democrats could hope for is preventing Trump from running in blue states with blue courts. Trump might still win despite not being on some state ballots. 

Or lose in an election obviously rigged because he is barred. 

A recipe for deep distrust, resentment and anger.

This is Common Sense. I’m Paul Jacob.

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ballot access crime and punishment election law

Elections Overturned & Undermined

elections, democracy, cheating, voting, trust

Sure, democracy is a messy affair. But it does require several fine balances. One of them is that elections must be trustworthy: neither rigged nor gamed.

In recent years, many elections have been charged to be somehow “stolen.” Hillary Clinton accused Donald Trump of “stealing” the 2016 presidential election; Donald Trump, in turn, accused the Democrats of stealing the 2020 election, in which he was given his walking papers.

Now reports by Roman Balmakov, at Epoch TV, show that election irregularities at the local level can not only be contested, but elections overturned. 

Sans “insurrection.”

“In a shocking turn of events,” explains Balmakov, “a judge in Connecticut overturned a primary election because the evidence of fraud was just so overwhelming.” Video captured late-​night ballot box stuffing, with identifiable government-​employee perps. The judge overturned Bridgeport’s Democratic primary race for mayor.

In a sheriff’s race in a Louisiana parish an even more extraordinary set of events occurred. An election wherein a candidate lost by one vote was challenged; a recount adjusted the figures but the single-​vote spread remained. Another challenge led the state Supreme Court to appoint a judge to look into the mess, and he found one: clear evidence of massive voting irregularities. He demanded a new election.

But Roman Balmakov’s report from yesterday may spark wider interest. It was about a thorough Rasmussen poll of 2020 voters: “1‑in‑5 people who voted by mail committed some type of voter fraud.” You might say they confessed as much in how they answered the poll. 

All three stories cast a dark light on the state of American democracy. But the poll may be the most troubling. 

If not how little interest the Rasmussen survey has garnered from major media.

This is Common Sense. I’m Paul Jacob.

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Accountability ballot access Voting

Time and Money

voting, democracy, elections

The Democratic governor of Pennsylvania, Josh Shapiro, expects the state government to automate voter registration by the 2024 election. This will “save taxpayers time and money.”

Unless they opt out, prospective voters are to be enrolled when they get a state ID or a driver’s license at the DMV.

According to the Libertarian Party of Pennsylvania, it will also make it easier for “uninterested, uninformed people to wield political power.” And perhaps also make it easier for ineligible noncitizens to vote — folks whom most Democrats, at least, strongly suspect would be more likely to vote Democrat were they somehow enabled.

It’s not fair to noncitizens, however, to register them without their consent and to send them the instruments of casting a ballot, when doing so is illegal and could ruin their chance to become citizens.

And registering and confusing immigrants has been happening in Pennsylvania — under a less lax system.

Shapiro pretends that security will be improved thereby, too. Automating voter registration adds “important levels of verification to the voter registration process.” But Pennsylvania doesn’t need to register people automatically to require a photo ID for registration or voting. (Which it doesn’t, currently; a paycheck or utility bill suffices.)

Political figures often complain about the expenses involved in special elections, recall elections, citizen initiatives, and other paraphernalia of democracy that cater to motivated, informed, active citizens — it is almost as if they regard this kind of voting as coming at their expense. It does not take long dealing with incumbent politicians to intuit that they would rather we just accept everything that they do without demur.

Freedom, democratic institutions and their safeguards, sound electoral procedures, voting machines, getting to the voting booth — even acquiring, filling out and mailing absentee ballots — all such things cost time and money.

We’d save time and money by not eating, too. But that’s hardly a triumph of economy.

This is Common Sense. I’m Paul Jacob.

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ballot access election law national politics & policies

Small District Democracy

election reform, voting, Democracy, districts

Virtually every election-​related reform one could imagine was discussed this week at INC ’23 in Austin, Texas. INC stands for Independent National Convention, a gathering of non-​partisan pro-​democracy activists with Tulsi Gabbard and Dennis Kucinich, two former congresspeople and presidential candidates, headlining the event. 

Speaking on a panel on Election Systems Reform, I highlighted the rhetoric of expanding voting rights. For example, the New York City Council decided to swell those rights by giving non-​citizens the vote — even while a solid majority of New Yorkers were opposed. Recently Washington, D.C.’s Council bestowed local voting rights to people in the city (and country) illegally, as well as to foreign nationals working for foreign governments at the city’s many foreign embassies. 

Allowing the staff at the Chinese and Russian embassies to cast ballots is clearly an expansion of voting rights. But does it make sense?

I also pointed out that making it easier to vote by having, say, six weeks of early voting (as we do in my home state of Virginia) comes with a cost: more expensive campaigns. And anything that increases the price tag of running for office decidedly benefits incumbents.

My key message, however, was this: In a representative democracy, even if the rules and mechanics of the election process are spectacular, we still need someone to vote for, someone to actually represent us.

Making it easier or more efficient or transparent to go through the frustration and angst of our current contests between candidates Bad and Worse, both soon to be bought off, seems of limited appeal.

The change that would best overcome big money political influence and provide real representation to citizens — improving both elections and governance — is simple: a far smaller ratio of citizens to elected representatives. 

Stephen Erickson, executive director of Citizens Rising, specifies “small political districts of 30,000 inhabitants or less, at all levels of government throughout the United States.” Compare that to the average of over 700,000 people in today’s congressional districts.

The audience seemed to think this “Small District Democracy” made common sense. 

I’m Paul Jacob. And I think it is the very best reform we could make.

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