Category: ballot access

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ballot access crime and punishment

Harvest Season

election, cheating, Texas, ballot harvesting,

Democrats say Trump is going to steal the election. But what if they are “projecting”? Politics has gotten so nasty that you wouldn’t be a cynic to express no surprise at stories like these: 

  1. Project Veritas uncovered a “ballot harvesting” scam in Representative Ilhan Omar’s Minneapolis district, implicating, it seems, Omar (D‑Minn.) herself; and 
  2. Formal accusations against a Biden campaign official, and others, for a similar scheme in Texas.

The Minnesota story is juicy; the Project Veritas video speaks for itself.

But in Texas? “Two private investigators, including a former FBI agent and former police officer, testify under oath that they have video evidence, documentation and witnesses to prove that Biden’s Texas Political Director Dallas Jones and his cohorts are currently hoarding mail-​in and absentee ballots and ordering operatives to fill the ballots out for people illegally, including for dead people, homeless people, and nursing home residents in the 2020 presidential election.” That, courtesy of the industrious Patrick Howley, in the thick of the investigation.

“Witnesses have shown me,” the former FBI agent testifies, “how the ballot harvesters take absentee ballots from the elderly in nursing homes, from the homeless, and from unsuspecting residences’ mailboxes. The ballot harvesters then complete the ballots for their preferred candidate and forge the signature of the ‘voter.’” 

Several Biden campaign workers and two Harris County bureaucrats are implicated. It will be interesting to see if these accusations lead to charges.

And how many similar stories will emerge elsewhere.

Folks can argue about how much voter fraud happens, but when we find it, let’s act.

This is Common Sense. I’m Paul Jacob.

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ballot access initiative, referendum, and recall Voting

Worms for Early Bird Voting?

ballot box, voting, democracy, money, pandemic

Election Day is six weeks away. Yet, in my home state of Virginia, voting began last week.

Is it responsible to cast a ballot so early? 

You may know with metaphysical certainty how you’re voting for president — even in the event of some major cataclysm — but have all the state rep and city council and ballot measure campaigns also played out fully enough for you?

Here in Virginia, we get few candidate races in our split-​up state and federal elections, much less ballot issues to decide. I could have made all my (very few) choices months ago. But I trust that in a more competitive and healthy representative democracy we would more want to hear out the candidates.

A lot can happen in six weeks. And you cannot change your vote once it’s cast.*

The new Democratic-​controlled Legislature — in reaction to the pandemic, to prevent crowding at the polls — expanded the early voting period this year. It started September 18 and ends October 31.** 

There are costs to expanding early voting — including making campaigns more expensive to run and win. Disabled from marshaling advertising into a two-​or-​three-​week period before the vote, campaigns are forced to sustain publicity for a month. Or longer. 

While better-​funded incumbents have little difficulty with the added cost, it cripples challengers. It especially handicaps grassroots ballot initiative proponents battling public employee unions or the Chamber of Commerce. 

Make the voting process comfortable and easy for citizens. But let’s be certain not to make it comfortable and easy for incumbents and special interests.

This is Common Sense. I’m Paul Jacob.

* In Sweden, you can change your early vote, informs my friend Bruno Kaufmann, a journalist and direct democracy advocate. They call it “second voting.” 

** Though several other states routinely allow more than six weeks of early voting.

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ballot access insider corruption

Corruption, an Opportunity

Orange Man, Trump,

The president’s July 30 tweet reminded us he can still manipulate the news cycle.

“With Universal Mail-​In Voting (not Absentee Voting, which is good), 2020 will be the most INACCURATE & FRAUDULENT Election in history. It will be a great embarrassment to the USA. Delay the Election until people can properly, securely and safely vote???”

Reactions ranged from dismissal to outrage — and assurances of no schedule change — but the most obvious thing about the tweet was the “made-​you-​look” aspect. By focusing on the rapid deployment of new-​old technology (the mail-​in ballots) to handle the public’s panic over the now-waning pandemic, Trump does several things at once: 

  • shows a danger posed by lockdowns and social distancing;
  • calls attention to an under-​investigated phenomena, voter fraud and vote-​count rigging; and
  • provides an excuse for his possible failure in November.

The Democrats think this latter is the biggest danger. But they’ve a funny way of raising the alarm, considering their recurrent expressions of fear that President Trump “wouldn’t step down” if defeated.*

Apparently, calling into question the election mechanisms of the states is considered ‘going too far’ — not because it isn’t worth being vigilant about, but because questioning election integrity might undermine regime legitimacy.

The bipartisan regime.

The Epoch Times’s article on the president’s tweet concludes this way: “Attorney General William Barr said last week that there is ‘no reason’ to believe any election rigging is afoot.”

Well, Trump himself provided the reason: it is an obvious opportunity. 

An opportunity that some unscrupulous partisans no doubt have little compunction about trying. Making the subject not worth discussing — a ‘third rail’ — actually makes election corruption more likely by removing some of the risk.

This is Common Sense. I’m Paul Jacob.

* Hillary Clinton came out with this again, in July. This sort of thing does not help Democrats much, for it was they who, last time, could not accept defeat: antifa violence at the inauguration, followed by fake scandal-​mongering and a failed impeachment made them look worse than their target.

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ballot access national politics & policies

The State of X and Y

Jefferson, Washington DC, statehood,

“I was born without representation, but I swear,” Washington, D.C., Mayor Muriel Bowser vowed last week, “I will not die without representation.”

She has a point: 700,000 D.C. residents lack a voting representative in Congress. 

On Friday, the U.S. House passed legislation — 232 to 180 with 19 members hiding in the cloakroom and refusing to vote — to make the nation’s capital city the 51st state. Not merely garnering a U.S. Representative, but also a lifetime guarantee of two U.S. Senators. 

“D.C. will never be a state,” counters President Trump, explaining that Senate Republicans would be “very, very stupid” to allow two new U.S. Senators who are nearly certain to be Democrats. Senate Majority Leader Mitch McConnell quickly announced the Senate would not take up the bill.

But Republicans are not the only ones blocking representation. 

As Rep. Andy Harris (R‑Md.) pointed out, Maryland had originally ceded some of the land to create the federal District of Columbia, and could now take back the residential areas. Those citizens would add their own House rep for Maryland and be represented by Maryland’s two U.S. Senators.

Democrats refuse. Why? Because it is not about representation. The city must be turned into a state so that two new Democratic U.S. Senators can be pulled out of a hat.

There is yet another path to representation. Make a bi-​partisan deal to add two states. In addition to the State of Columbia (51), add the State of Jefferson (52) — comprised of 21 northern counties trying to secede from the rest of California. 

Better representation. No partisan advantage. Problem solved.

If anyone were interested in that.

This is Common Sense. I’m Paul Jacob.

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ballot access initiative, referendum, and recall international affairs

A Deafening Disquiet

Stop Fighting Start Voting, Citizens in Charge Foundation,

“We are living in a world of disquiet,” offers U.N. Secretary-​General António Guterres at the beginning of a one-​minute video now running on social digital platforms in the U.S. and worldwide.

The advertisement shows political strife in Hong Kong and Sri Lanka. It is the opening salvo in a campaign called “Stop Fighting Start Voting,” launched by Citizens in Charge Foundation today with support from direct democracy experts and organizations across the globe — researchers, advocates, NGOs, and academics. 

As scenes from the Hong Kong protests unfold, a woman tells a newscaster that China’s new “national security law” will “take away our freedoms … our rule of law.” The spot then pivots to Sri Lanka, lamenting “possible war crimes” and noting that a U.N. panel found “40,000 Tamil civilians were killed” at the end of the country’s civil war a little more than a decade ago.

“We hope to have the right to vote,” a Tamil says as the video ends.

The Stop Fighting Start Voting campaign seeks to increase awareness of unresolved conflicts, such as the struggle for basic democracy in Hong Kong or concerning a referendum for the establishment of a separate Tamil homeland in Sri Lanka. We do not advocate for or against the underlying issues in these often bitter disputes, but advance the use of direct democracy, voters weighing in through ballot referendums conducted under accepted international norms and procedures, to achieve a peaceful resolution.

Self-​determination takes a lot of determination. So does the establishment of basic democracy with human rights. That’s why non-​governmental organizations and concerned citizens must step up. 

Don’t leave the future of freedom and democracy in this world to governments alone.

This is Common Sense. I’m Paul Jacob.

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ballot access U.S. Constitution

Pandemic Petitioning?

closed, electronic signature, voting, elections, petitions, citizen,

“Our political system, our way of life, our Constitution cannot be let go,” the Libertarian Party’s Nicholas Sarwark argued on MSNBC’s Morning Joe, “just because there is a terrible illness spreading through the country.”

His concern? Libertarians — and Greens and other parties or independent candidates — must still gather hundreds of thousands of voter signatures to put their candidates on state ballots this November. 

And so, too, must citizen-​initiated ballot measures.

But who wants to petition into a deadly pandemic? Supposing you carefully made a grocery run, would you stop to chat with petitioners and grab their pen to sign? 

“That would be a public health nightmare,” explained Sarwark, “to force petitioners to go out with clipboards and gather signatures.” 

Libertarians are asking governors “to suspend these requirements that would endanger the public.” 

Cogent points, but I’m not so sure governors have lawful power to order candidates or initiatives onto the ballot. 

Much less the inclination.

Legislatures could act … but why help competing candidates gain access to the ballot? 

And as for green-​lighting issues that haven’t gone through their sausage-maker? 

Puh-​leeze.

Back in 2010, the Utah Supreme Court ruled that electronic signatures were legally valid. Rather than facilitate that process, the state legislature quickly banned it. 

But it is the obvious solution: allow voters to sign petitions online for candidates or ballot initiatives.* 

“The law has long recognized electronic signatures as legally effective where hand-​signed signatures are required,” contends Barry Statford in a law review article. “As early as 1869, the New Hampshire Supreme Court acknowledged the validity of a contract accepted by telegraph.”

The courts should mandate state acceptance of electronic signatures. 

Let’s sue.

This is Common Sense. I’m Paul Jacob.

* Voters in Boulder, Colorado, passed an initiative allowing electronic signatures in 2018. 

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closed, electronic signature, voting, elections, petitions, citizen,

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ballot access initiative, referendum, and recall

The Rest of the News

Matt Pitsch, Arkansas, initiative, citizen, ballot,

Reid Wilson’s very welcome reporting in The Hill, recently, was headlined, “GOP legislators clamping down on voter initiatives.” 

This disrespect for the people and their basic, democratic check on legislative power is far too common, and something about which people need to know. 

For instance, ballot measures in Florida already must garner a supermajority of 60 percent to win, but politicians are now proposing that threshold be hiked still higher to 67 percent. Not to mention bills to burden petitioners with unconstitutional restrictions.

Though most of the attacks are coming from Republican-​dominated legislatures, the article also made clear that Democratic Party legislators in several liberal states — California, Oregon, Washington — are also trying to “take power away from voters.”

But the article lacked some very pertinent information, allowing politicians to make some terribly misleading charges against direct democracy. 

“In the last seven elections, we’ve actually changed our constitution 20 times,” complains Arkansas State Sen. Mat Pitsch, the sponsor of legislation making petitioning for citizen-​initiated ballot measures more onerous. “We’re averaging three changes every other year. Things that normally are voted on by elected representatives were making their way through constitutional ballot measures.”

Sen. Pitsch thinks legislators should make these decisions, instead of voters. How convenient. 

But the state’s motto is “The People Rule.”

Honest people can disagree about how often state constitutions should be amended, but 20 amendments in 14 years does not make Arkansas one of the more prolific states. Moreover, consider the genesis of those 20 amendments. Only three were citizen-​sponsored measures; the other 17, the vast majority, were placed on the ballot by … legislators! 

A fact the reader should have been told.

This is Common Sense. I’m Paul Jacob.

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Matt Pitsch, Arkansas, initiative, citizen, ballot,

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ballot access initiative, referendum, and recall

Holding All the Trumps

Idaho, initiative, ballot, Senate Bill 1159, democracy, voting,

Last week, Idaho’s Senate Bill 1159 — “the bill to make it much harder to qualify a voter initiative or referendum for the Idaho ballot,” as the Idaho Press summarized it — passed the Senate on the narrowest 18 – 17 vote.

Now headed to the House, the legislation would 

  • nearly double the number of voter-​signed petitions to place an initiative onto the ballot
  • reduce the time to gather those signatures by a whopping two-thirds 
  • throw up numerous additional hurdles

What’s the point?

The state already has one of the most arduous petition processes in the nation for qualifying a citizen initiative for the ballot. Moreover, without passing any new law, Idaho legislators currently have and have always had a 100 percent veto on any citizen-​initiated measure enacted by voters. 

Idahoans cannot place constitutional amendments on the ballot through their citizen initiative, only statutes. And any statute voters pass can then immediately be repealed by a simple majority of legislators. Or amended any which way those solons so desire.

So, again, why the need for politicians to pull up the ladders? 

Senate Republicans claim — in a news release headlined, “Setting the record straight on initiative bill” — to be “concerned about the integrity, transparency and fairness of the initiative process.”

What does heightening all the hurdles to trip up citizens have to do with integrity, transparency or fairness?*

Voting on an issue is “unfair” to whom … legislators?

Holding all the trump cards, Idaho senators still didn’t want the people to have a say. The politicians are scared to death of democracy. 

Which is why we need more, not less. 

Certainly not none.

This is Common Sense. I’m Paul Jacob.

* I do acknowledge that the bill is transparently awful.

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Idaho, initiative, ballot, Senate Bill 1159, democracy, voting,

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ballot access insider corruption local leaders

Clown Car of Felonies

Michael Madigan, Speaker, House, Illinois, corruption, machine

“It’s overkill of epic proportions,” John Kass writes in the Chicago Tribune, “like using a sledgehammer to kill a gnat, or firing off a nuclear weapon to kill a sparrow.”

In three columns, Kass tells the story of David Krupa, a 19-​year-​old DePaul University student, who gathered over 1,700 voter signatures on petitions to gain a spot on the ballot for alderman of Chicago’s notorious 13th Ward.

Why notorious? It’s Boss Madigan’s home.

Yes, the “Land of Lincoln,” home to nearly 13 million people, is ruled by one man, Michael J. Madigan, Speaker of the Illinois House, “the longest-​serving leader of any state or federal legislative body in the history of the United States.” 

And 13th Ward Alderman Marty Quinn, the incumbent, is Madigan’s guy.

Quickly, a lawsuit was filed challenging Krupa’s petitions and, as Kass explains, “A crew of mysterious political workers — perhaps they were Buddhist monks, or the gentle sun people known as the Eloi, or maybe Madigan precinct captains — filed 2,796 petitions of revocation of signature.”

While almost three thousand people executed affidavits stating that they wanted their signatures removed from Krupa’s petition, only 187 actually signed his petition.

Since the revocations require swearing to a legal document, under penalty of perjury, and perjury is a felony, more than 2,500 people — and their knowing helpers — appear to have committed what Krupa’s attorney calls a “clown car of felonies.”

Then — voilà! — the legal challenge evaporated. Young Krupa won’t be squashed; there will be a challenger on the 13th Ward ballot for the first time in decades. 

Is that enough? No. 

Election process corruption and the possible suborning of thousands of felonies must be investigated. 

No quarter for boss rule.

This is Common Sense. I’m Paul Jacob.

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Michael Madigan, Speaker, House, Illinois, corruption, machine

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ballot access government transparency Popular

The Rank Reality of Math

Maine, Ranked Choice Voting, black box, elections, democracy

U.S. Rep. Bruce Poliquin (R‑Maine) doesn’t like Ranked Choice Voting.

Last week, I suggested that’s because he lost his re-​election to Congress in his state’s first use of Ranked Choice Voting (RCV). Perhaps I spoke too quickly? Congressman Poliquin argues that RCV is a “black-​box voting system.”

“We heard from countless Maine voters who were confused and even frightened their votes did not count due to computer-​engineered rank voting,” read a campaign statement.

Who wants frightened voters?

The “voting system utilized by the Secretary of State is secret,” Poliquin’s campaign spokesman further complained. “No one is able to review the software or computer algorithm used by a computer to determine elections. This artificial intelligence is not transparent.”

Computer-​engineered elections? Artificial intelligence? Oh, my!

“I think it’s time that we have real ballots, counted by real people,” the congressman told reporters. “… instead of this black box that computes who wins and who loses.”

By all means, yes.

Nathan Tefft is a professor at Bates College in Lewiston, Maine, and claims to be “a real person.” With a PhD in economics. He got all the election data and replicated the ranked ‑choice process used by the Maine Secretary of State in conducting the count, confirming the state’s results.

“The Maine secretary of state’s office has published all the election results on its website — every ballot, every ranking in every town,” the Bangor Daily News informed. “It’s all there in massive data files that can be inspected and downloaded.”

Wait a second … what about the black-​box, the secrecy, the dreaded use of AI?

All a fable.

“Yeah,” Dr. Tefft noted, “it’s just math.”

This is Common Sense. I’m Paul Jacob.

 

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