Category: election law

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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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Accountability election law

Democracy by Tortoise

tortoise, California vote counting

It may take three weeks!

The counting of ballots for 2022’s General Election was pretty much wrapped up on election night. In most states. Yet, a week after election day, California election officials have barely counted half the ballots cast in a number of very close congressional districts as well as other state races.

“I anticipate it’s going to take at least a couple of weeks,” offered a Sacramento County Elections spokesperson, “if not three weeks, to process the bulk of the ballots that have come in.”

Why the tortoise pace?

“In short,” KTLA-​TV in Los Angeles reports, “it’s a product of the state’s massive population and laws that make it easier and more convenient for every eligible voter to be heard.”

The Big Population argument falls flat. California has more votes to count but likewise more people available to count them. Nor does California have higher voter turnout or rules so different from other states that count much faster. 

California law allows ballots to be mailed as late as election day, which does indeed slow the counting. That could of course be tightened up. But it seems the main thing California might do differently is work harder at getting the votes counted. State law only requires that county election offices have folks working six hours a day, with weekends and holidays off. 

“We’d rather get it right,” says Secretary of State Alex Padilla (D), “than get it fast.”

Mr. Secretary, the problem is that the longer the election drags on without a winner being declared, the less confidence the public has in the process. 

Get it right. And fast.

This is Common Sense. I’m Paul Jacob.

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election law partisanship political challengers

Democratic Money for Republicans

blue wave, red wave, money, campaign finance

“After years of claiming that money in politics is bad and Trumpists will destroy America,” writes Joe Lancaster in Reason, “Democrats spent millions to boost the people they are most afraid of.”

In a strategy that might be designated Too Clever by Half, “Throughout the 2022 primary season, groups affiliated with the Democratic Party funded ads to boost immoderate Republican candidates,” Lancaster explains. “The goal was to boost the least moderate candidates in the hopes that they would be easier to beat in a general election.”

The Senate Majority PAC bought ads for New Hampshire’s Republican U.S. Senate primary, for instance, calling Chuck Morse a “sleazy politician,” allowing a retired brigadier general to advance on to the general election — only to lose to the incumbent. Another Democratic PAC pushed “nearly $100,000 on ads proclaiming Republican House primary candidate Robert Burns ‘the ultra-​conservative candidate’ who ‘follows the Trump playbook.’” Burns went on to defeat his more moderate competitor and then be defeated in the general election.

That was the pattern around the country.

If this all sounds familiar, this is how we got Trump into the forefront in the first place. Hillary Clinton’s campaign infamously orchestrated the corporate news media’s fixation on Trump in 2015 and through to Trump’s winning the primary contest. And then, you will remember, the news media changed course and started the great anti-​Trump freak-out.

This time, however, it may have paid off. Or at least not horribly backfired, for the much-​prophesied Election Day 2022 “Red Wave” merely eroded the Democrats’ stranglehold on unified government. 

Washed away, instead, is the idea that Democrats truly fear these “mega-​MAGA Republicans” or care about democracy.

This is Common Sense. I’m Paul Jacob.

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election law Voting

Following the Law

mail in ballots, cheating, counting

It’s official.

Well, it was already official because it was Pennsylvania law. And because the U.S. Supreme Court had confirmed it.

What is it? Election officials may not count mail-​in ballots that are undated or incorrectly dated.

Official, yes, but now even more official.

On November 1, a week before the election, the Pennsylvania Supreme Court ruled that yes, election officials must follow Pennsylvania election law that says you can’t count undated or incorrectly dated ballots.

A voter who mails in a ballot is obliged to sign and date the outer envelope before sending it off. The court orders election officials to “refrain from counting any absentee and mail-​in ballots received for the November 8, 2022, general election that are contained in undated or incorrectly dated outer envelopes.”

The ruling was issued in response to litigation initiated by the Republican Party, which has launched a slew of lawsuits around the country to combat shady election practices.

The court’s clarification is important. A problem loomed over the upcoming election. Pennsylvania’s secretary of state had been giving the go-​ahead for officials to count ballots whether they’re dated properly or not … and to heck with election law and the SCOTUS. Until the ruling, county officials throughout Pennsylvania lacked consistent policies about how to handle bungled ballots.

Of course, when reasonable election rules are ignored, it’s easier to commit election fraud — notwithstanding the disingenuous claim advanced by some proponents of lackadaisical election procedures that fraud is either a vanishingly small problem or does not exist at all.

This is Common Sense. I’m Paul Jacob.

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