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election law partisanship

Pennsylvania Steal

We must hope that a Democratic effort in Pennsylvania to steal the election for U.S. senator has indeed been thwarted. A new state supreme court ruling with its concurring opinions is definitive.

Problem is, a previous ruling from the same court had already been definitive.

Yet not only have election officials been counting unsigned or undated or improperly dated mail-​in ballots in an effort to rescue incumbent Democrat Bob Casey from defeat at the hands of his Republican challenger, Dave McCormick, via a rejiggering recount, at least some of the election officials breaking the law weren’t even bothering to try to obscure the effort with an “Aw geez, this is perfectly compatible with a reasonable interpretation of election rules and the supreme court ruling” fig leaf.

In Bucks County, county commissioners voted 2 – 1 to proceed with an attempted election-​stealing despite the advice of their own counsel.

Bad as this is, get this: Diane Ellis-​Marseglia, one of the two Democratic commissioners who determined that it was okay to count bad ballots, announced that she didn’t care about whether she was violating the law. Even though her job is to apply it, not to flout it with revolutionary (or corrupt insider) fervor.

“I think we all know that precedent by a court doesn’t matter anymore in this country, and people violate laws anytime they want,” she said. “So for me, if I violate this law, it’s because I want a court to pay attention to it.”

Attention has been paid. We hope it’s enough.

This is Common Sense. I’m Paul Jacob.


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election law Voting

Feds Push Noncitizen Voting

Two states are in trouble with the federal government, which is in trouble with them.

Florida is suing the feds because the Sunshine State needs the cooperation of the federal government to check the status of certain persons on its voter rolls.

Florida is bound by law to maintain accurate registration rolls. The federal government is bound by law to cooperate with requests from state and local governments for the information required to fully assess whether a person on the rolls has the right to vote and to be registered to vote.

But when Florida asked Citizenship and Immigration Services for just this kind of information, the USCIS balked.

Meanwhile, the Justice Department is suing Virginia to prevent that state from cleaning up its own voter rolls. 

Virginia Governor Youngkin castigates the federal action as “an unprecedented lawsuit against me and the Commonwealth of Virginia for appropriately enforcing a 2006 law signed by Democrat Tim Kaine to remove noncitizens from voter rolls — a process that starts with someone declaring themselves a noncitizen and then registering to vote.”

Power Line plausibly suggests that what’s happening here is that the politicized, misnamed Justice Department regards the votes of noncitizens as most likely to be votes for Democratic candidates. So why not discard established law and established procedures if this would help tilt elections in favor of Democrats?

This is Common Sense. I’m Paul Jacob.


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election law general freedom Voting

Strange Standard

Last week, an audit found that Oregon’s Department of Motor Vehicles staff had erroneously forwarded the registrations of 1,259 people who had not provided necessary citizenship documents on to the Secretary of State, and — voilà! — they appeared on the voter rolls.

“None of the Oregon residents who were automatically registered to vote without demonstrating citizenship voted in an election where they could have cast the deciding ballot, the state’s elections director told lawmakers on Wednesday,” reports Oregon Capitol Chronicle.

Is that the new standard? Don’t fret about a system that automatically registers people who are noncitizens … because the number of likely noncitizens who appear to have illegally voted was not enough to have changed the outcome.

The Democrats running the Oregon Legislature were reluctant to hold a hearing; House Majority Leader Ben Bowman opened by warning that “scoring political points” or “attacks or accusations against election staff” or saying anything “that could incite any violence of any kind against any immigrants or any communities in the state” would not be tolerated. 

That’s a dodge — hiding behind concern for immigrants when the issue is a faulty election system. 

Besides, we don’t serve immigrants by placing them on voters’ lists without their knowledge, then sending them flyers urging them to vote, when, if they follow all the prompts sent their way and cast a ballot, they can lose their chance to become an American citizen.

And even be deported.

Simple, straightforward solutions exist: End these automatic voter registration regimes, require proof of citizenship for new folks registering to vote, and make it clear at all levels that voting is for citizens only. 

This is Common Sense. I’m Paul Jacob.


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Categories
election law First Amendment rights

How Deep Is Your Fake?

Monday last, a group of Democratic congressfolk “sent a letter to the Federal Election Commission (FEC), asking the agency to adopt regulations prohibiting the creation of deepfakes of election candidates,” Emma Camp tells us in last Thursday’s Reason article, “These Democrats Want the FEC To Crack Down on Elon Musk’s Grok.”

Current law already “prohibits a candidate for federal office or an employee or agent of a candidate from fraudulently misrepresenting themselves, committee, or organization under their control,” the letter states, but candidates have already been caught using “Artificial Intelligence (AI) in campaign ads to depict themselves or another candidate engaged in an action that did not happen or saying something the depicted candidate did not say.”

OK. Regardless of the merit of current regulation, the apparent fact that some political actors have defied the rule (perhaps out of ignorance) doesn’t necessitate more legislation. Why not just let the wheels of justice, or what passes for it in the FEC realm, go on doing what they’re doing?

Because Elon Musk.

Specifically, his X (“Twitter”) platform recently launched “Grok‑2,” an AI for the creation of pictorial representations (not unlike those used here at ThisIsCommonSense​.org). And, shock of shocks, there are no rules in place for ordinary people to take artistic license at those politicians they hate and and for those politicians they don’t.

As Ms. Camp notes, but the legislators don’t, most of these efforts have been for comic effect.

The Democrats don’t like this.

They request expeditious consideration for the creation, by the FEC, of new rules to “regulate” (suppress) AI by ordinary users to maintain the ostensible integrity of “our democracy.”

We have, Ms. Camp not unreasonably concludes, been pretty good at detecting “deep fakes” so far.

Besides, the big problem in politics is shallow fakes.

They’re everywhere. They’re called politicians.

This is Common Sense. I’m Paul Jacob.


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election law Voting

California’s Electoral Saboteurs

Thou shalt not check the ID of a person showing up to vote.

California lawmakers — apparently eager to help noncitizens vote — have banned local voter ID laws like that of Huntington Beach.

Attorney General Rob Bonta says that requiring ID to vote “flies in the face” of the principle that “the right to cast your vote is the foundation of our democracy.”

But Huntington Beach didn’t impair “the right to cast your vote.”

Opponents of ID requirements say that the problem is the terrible hardship of presenting a valid ID or perhaps of obtaining one. These may be chores, but they’re hardly ventures into the unknown. If you’re a citizen, you can get ID showing you are. And almost everyone is capable of pulling an ID out of a pocket and displaying it.

Here’s a tell: “An amendment to Senate Bill 1174 that would have explicitly banned illegal migrants from voting was rejected.”

Is there evidence of fraud in American elections? 

Is it major — not a marginal issue having to do with one or two wayward ballots per decade?

Could lawmakers like California State Senator Dave Min, who asserts that “voter ID laws only subvert voter turnout,” be wrong?

Yes. 

The evidence can be found in John Fund’s books, such as Our Broken Elections, Stealing Elections, and Who’s Counting? A more recent report of attempts to undermine the vote and prevent the same is Elizabeth Nickson’s article “The 2024 Cheat and What’s Being Done About It.”

Voter IDs don’t subvert voter turnout, they subvert fraudulent voter turnout.

This is Common Sense. I’m Paul Jacob.


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Categories
election law national politics & policies

Kamala’s Cast on Noncitizens

How did Kamala Harris vote?

The Vice President’s hometown of San Francisco is one of 17 cities that allow noncitizens to vote in local elections. Like 75 percent of those cities (according to verify​.com), the City by the Bay also offers that vote to noncitizens in the country illegally. 

Not included in this list of cities is New York City, as the Big Apple’s measure providing the vote to nearly a million noncitizens is still being battled in court. Or Boston, which only awaits approval by the Massachusetts Legislature. 

Neither are Telluride, Colorado, nor Yellow Springs, Ohio, on the list. Voters in both states, in 2020 and 2022, respectively, passed statewide constitutional amendments to say only U.S. citizens can vote in all state and local elections, canceling those local ordinances. Beginning in 2018, six states have enacted Citizen Only Voting Amendments, and eight more states will vote on them this November. 

Back in 2016, San Franciscans narrowly passed Proposition N giving noncitizen parents and caregivers, legally documented or not, voting rights in school board elections. Harris had been prosecuting attorney in San Fran before becoming California’s attorney general. As AG, Ms. Harris ran for the U.S. Senate and would have gone to vote for herself on Election Day 2016 … and on Prop N. 

Surely, she didn’t forget to vote on the proposition. Right?

So, how did she cast her ballot: in favor of providing noncitizens here illegally the franchise? Or not?

If she ever does a non-​scripted interview, perhaps an enterprising journalist might pop that question. Or perhaps a voter in swing states such as North Carolina and Wisconsin — where Citizen Only Voting Amendments are on the ballot — will ask Vice President Harris. 

Answer, please. 

This is Common Sense. I’m Paul Jacob. 


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