Category: election law

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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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crime and punishment election law initiative, referendum, and recall

Methinks the Mayor

petition, private property, taxes, schools

“So, Walmart has no rights?!”

The frustration flowed from Yakima Mayor Janice Deccio to a 911 operator. Her compassionate heart bled profusely for the long-suffering stockholders and executives of one of the world’s richest companies. 

“Hi, this is Mayor Deccio. I know that this isn’t an emergency call, but I need to talk to somebody,” she told the dispatcher. “There are far rightwing petitioners at Walmart and they are not leaving after Walmart has asked them repeatedly to do so. And the police have not taken them off the premises.”

But, as the voice at 911 explained to the distraught officeholder, Washington State law requires that commercial property must make a public accommodation for First Amendment activity such as petitioning. 

The mayor’s thirst for a police solution to these “far rightwing” petitioners went unquenched.

“Obviously, the extreme left is freaked out by these initiatives,” offers Glen Morgan on his We the Governed podcast.

He’s referring to six conservative-oriented initiatives being promoted by Let’s Go Washington and petitioned onto Washington State’s 2024 ballot.

“Four of these initiatives reduce taxes,” Morgan points out. “One of them allows the police to actually chase violent criminals once again. And the other one confirms that parents have the right to know what strangers are doing to their kids at school or in unsupervised medical settings.”

Deccio now claims that mystery constituents told her the petitioners were aggressive and threatening . . . something she didn’t mention that on the call. The fact that her 911 plea has been made public might have something to do with her change of tune.

And don’t even mention ideology! “I don’t care,” she contends, “nor even know what they were petitioning about.”

The mayor added: “No one told the group they couldn’t petition, and it was certainly not my intention to stop them.”

No, of course not — she intended for the police to stop them.

This is Common Sense. I’m Paul Jacob.

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deficits and debt election law tax policy

Slasher Needs Slashing

California Assembly, tax, taxes

A perennial bill in the California Assembly, Constitutional Amendment 1, would make it harder for voters to block local tax increases in accordance with the provisions of Proposition 13, which voters passed in 1978.

ACA 1 would shrink the percentage of voters who must approve certain tax increases from two thirds to 55 percent in cases where the money would purportedly be used for infrastructure or public housing.

Passage would further erode the legacy of Prop 13, which in addition to cutting taxes, limiting tax increases, and requiring a two-thirds legislative majority to increase state taxes, also imposed a two-thirds threshold for voter approval for special local taxes.

In 2000, voters accepted a lower threshold for approval of school bonds — 55 percent instead of two thirds — enabling billions more in property taxes.

That’s bad enough, but things could easily get worse.

Jon Coupal of the Howard Jarvis Taxpayers Association observes that if enacted, ACA 1 would be used to raise taxes repeatedly in local elections by dint of dubbing all government spending “infrastructure.” 

The infrastructure exemption is an innovation of the 2023 version of the bill (the tricky tricksters never stop).

Moreover, if passed, the amendment would take effect immediately. “Billions of dollars in tax hikes will start that much faster.”

Coupal stresses that the new exactions would be added to property tax bills “above and beyond Prop 13’s one percent cap” on property taxes.

ACA 1 keeps getting reintroduced and, so far, keeps getting killed off, like the mad killer in a teen slasher movie. Only to be revived for the sequel.

Kill it again.

This is Common Sense. I’m Paul Jacob.

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crime and punishment election law partisanship

Election Challenge Criminalized?

Trump, election, indictment, votes, legitimacy

Another day, another indictment of former President Trump. This one, out of Georgia, would criminalize election challenges.

Jonathan Turley observes that in this fourth indictment, “every call, speech, and tweet appears a criminal step in the conspiracy. District Attorney Fani Willis appears to have elected to charge everything and everyone and let God sort them out.”

This is the kitchen-sink, banana-republic approach to “justice.” Facts? Plausibility? Irrelevant when the would-be one-party regime has a target in view.

In masterful understatement or point-missing, Turley writes that the “greatest challenge for Georgia is to offer a discernible limiting principle on when challenges in close elections are permissible and when they are criminal.”

But how can it ever be criminal simply to challenge election results or call for a recount or plead for further investigation of the flimsiest of allegations, even via imperfect phone call?

The “limiting principle” operative here is obvious. Is the challenger on our side or the other side? Our side, the challenge is legal. Other side, it’s illegal, prosecutable. This is Willis’s “principle.”

Per Turley, it’s important for campaigns to seek judicial review of an election “without fear of prosecution.” Yes, important. But from the perspective of those who want to prevent other-side campaigns from seeking recourse when an election is close or seems pockmarked by fraud, what’s important is making sure other-side campaigns do fully feel this fear.

The bad guys already understand what’s at stake, what Mr. Turley is so carefully explaining as if they are perhaps only a little confused.

This is Common Sense. I’m Paul Jacob.

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crime and punishment election law privacy

Donors Don’t Donate Their Privacy

donor, privacy, crime, law, surveillance

Alabama recently passed a law to prohibit public agencies from disclosing information “that identifies a person as a member, supporter, or donor of a 501(c) nonprofit organization . . . except as required by law.”

SB59 is comprehensive, stating that “notwithstanding any provision of law to the contrary,” no public agency may compel disclosure of such information or itself publicly release such information. 

The initial delimitation “except as required by law” seems ambiguous. But SB59 goes on to specify that exceptions would pertain to things like the requirements of a “lawful warrant” or a “lawful request for discovery of personal information in litigation.”

Passage is a big deal because, until now, agencies in the state had been permitted to collect and disclose such information.

Many nonprofits are political or ideological in character, promoting causes that are controversial. When this is so, who especially appreciates unfettered access to donors’ names and addresses? Obviously, opponents of the cause who would like to target donors with propaganda or even actively harass them.

On the national level, recognition of the problem is represented by the U.S. Supreme Court’s 2021 ruling in Americans for Prosperity Foundation v. Bonta. The court threw out a California requirement that nonprofits in the state had to divulge the names and addresses of their biggest donors to the attorney general. The Foundation plausibly argued that the requirement would deter people from contributing.

Several other states have also enacted SB59-style legislation. The number we need is 50.

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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election law general freedom initiative, referendum, and recall

Politicians Revolt Against Voters

Arkansas, citizen's initiative, voting, Democracy

“[C]urrently, in the state of Arkansas, out-of-state special interest groups that come to our state can try to change our laws and change our constitution,” Rep. Kendon Underwood, the Republican sponsor of House Bill 1419, testified “by just getting signatures from 15 counties.”

In the over 100-year history of citizen-initiated ballot measures in Arkansas, no initiative has ever qualified with signatures from only 15 counties. Zero. Moreover, to pass a statutory or constitutional initiative requires much more than merely gathering petition signatures; it mandates a majority vote of the people of Arkansas.

As for “out-of-state” special interests, the ballot issues referred by legislators last election received more such funding than the lone citizen-initiated measure. 

There’s more to unpack. 

“Changing” the state constitution is too easy? Well, HB-1419 hikes up the constitutional requirement that citizen petitions qualify in “at least 15 counties” to now 50 counties out of Arkansas’s 75 counties — a more than 300 percent increase. 

You read that correctly. Mr. Underwood’s proposes to amend the constitution with a simple statute. Textbook unconstitutionality. Yet, that statute has now passed both houses of the legislature and Governor Sarah Huckabee Sanders says she will sign it.

In both 2020 and 2022, legislators placed constitutional amendments on the ballot to entice Arkansans to vote away their initiative and referendum power. Both times Natural State voters said no. One of the provisions defeated in 2020 would have increased the number of counties in which petitions must reach a threshold to 45.

After voters rebuffed legislators on those amendments, the politicians now decide to weasel their way around the constitutional restraint. 

My, they’re real politicians now!

Legislators also declared “an emergency” so HB-1419 will immediately go into effect, because there’s an urgent need “to enhance and protect Arkansans’ voice in the ballot initiative and referendum process.” 

Why not tell the Big Lie? They’ve told every other size.

This is Common Sense. I’m Paul Jacob.

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ballot access election law national politics & policies

Alien National Capital

Joe Biden, democracy, voting, illegal immigrants

While the 58th anniversary of the Selma, Alabama, Bloody Sunday seemed an apt occasion to address the right of all citizens to participate democratically in their government, leaving the job to President Joe Biden was . . . awkward. He said nothing of consequence.

But back in 2020, candidate Biden said this: “In order to be able to vote, it’s important that you be a U.S. citizen.” That’s consequential.

In 2021, however, when the New York City Council extended suffrage to foreign nationals living legally in the Big Apple, against the will of the majority of New Yorkers, I don’t recall hearing even the slightest peep from 1600 Pennsylvania Avenue.

Now the wackos in Washington, D.C., have enacted a non-citizen voting measure that goes further. It allows Russian nationals working for Mr. Putin at their embassy in our nation’s capital to vote on city candidates and ballot issues and welcomes onto Washington’s voter rolls Chinese citizens here promoting Xi Jinping and the interests of his genocidal regime. 

The District of Columbia’s ordinance extends the franchise even to people here illegally, allowing anyone from anywhere in the world able to avoid deportation to cast a ballot. Legally.

Thankfully, House Joint Resolution 24, which seeks to block the D.C. non-citizen voting ordinance passed the U.S. House last month, garnering support from every Republican present as well as roughly one in five Democrats. Action now moves to the Senate. 

“After years of lamenting so-called ‘foreign interference’ in our elections,” argues Sen. Tom Cotton (R-Ark.), “every single Democrat ought to join in invalidating this insane policy.”

But will they? 

Congressional Democrats might claim that their support for local control in D.C. excuses them for allowing this non-citizen voting measure to become law. But it’s not even a fig-leaf after Biden declared he would sign the congressional Republicans’ repeal of another D.C. council enactment, a controversial crime “reform” law, which District officials then hurriedly withdrew to placate nervous national Dems.

Talk about awkward!

This is Common Sense. I’m Paul Jacob. 

Note: Biden certainly has a cavernous credibility gap on election integrity. After he attacked Republicans as “un-American” and the 2021 election reform legislation enacted in Georgia as “Jim Crow in the 21st Century,” the Peach State saw “record breaking turnout” in last year’s election. Sadly, much of the media merely ignored reality; CBS News headlined one report, “Effect of Georgia’s voting law unclear, despite high turnout.”

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election law general freedom initiative, referendum, and recall

O, to Oust!

Santos

Everyone seems to agree: newly-minted U.S. Rep. George Santos (R-NY) — if that’s even his real name — is a cheat and a scammer who doesn’t belong in Congress.

Except, of course, Congress is exactly where you’d expect to find such a person!

Especially when voters don’t discover the truth about said candidate until it is too late.

“The constituents in NY-3 elected Representative Santos in part due to his biographical exaggerations and apparent deceptions,” complains Congressman Brandon Williams (R-NY).

Still, House Speaker Kevin McCarthy (R-Calif.) isn’t comfortable pushing to oust the fraudster — which would require a two-thirds vote of the House of Representatives — without the Ethics Committee first finding sufficient official wrongdoing. Even given the fantastical pre-election fibbing, the Speaker points out that “the voters have elected George Santos” and “they have a voice in this process.”

Only that’s the problem. Voters don’t have a voice.

“There is no way for constituents to recall a member of Congress,” informs The Washington Examiner, “though they can be expelled in the House by a two-thirds vote. This action has only been taken five times in history, only against members convicted of crimes and only twice for crimes other than the treason of joining the Confederacy during the Civil War.”

Speaker McCarthy doesn’t speak for the voters in NY-3. Neither can two-thirds (or even ninety-nine percent) of Congress.

But Congress can and should let voters speak for themselves. 

And not just this once with Serial Liar Santos. Let voters conduct the official ouster whenever those citizens realize they’ve been had, whenever they determine that they have a turkey representing them.

Every member of Congress — Republican, Democrat or independent — should stop virtue-signaling with press statement pronouncements to the effect that Congressman Santos “should” resign. 

Instead, legislate for the people; give us the power of recall.

This is Common Sense. I’m Paul Jacob.

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