Tag: ballot access

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ballot access judiciary

Zombie Vote Protected

zombies, voting

A few weeks before the election, a federal judge has blocked Arizona legislation to combat voter fraud.

Opponents routinely characterize efforts such as this Arizona measure to ensure election integrity as “voter suppression.” Charges of racial discrimination often get tossed in to allow for the customary level of hysterical partisan denunciation.

According to Jon Sherman of the Fair Elections Center, even if  HB2243 is “not discriminatory on its face . . . it is an open invitation. It declares open season for discrimination on the basis of race, ethnicity, dress, English proficiency, anything else.”

Of course,HB2243 extends no such invitation.

The legislation states that registration forms shall contain such things as a statement “that if the registrant permanently moves to another state after registering to vote in this state, the registrant’s voter registration shall be canceled.”

It also authorizes the county reorder to cancel a registration when he “is informed and confirms that the person registered is dead.”

Sounds like it could certainly suppress the zombie vote.

Legislation should be as carefully worded as possible. But no degree of precision in a law designed to prevent persons from voting who are not entitled to vote will prevent opponents from charging that it’s really, deep down inside, about “declaring open season for discrimination.”

Had the Arizona legislature passed the new law in plenty of time to grapple with legal challenges, the reformmighthave been in place for the mid-terms. Let’s hope HB2243 is in place and free of judicial encumbrance by 2024. 

Enacting this kind of legislation is of many things that need to be done to safeguard elections.

This is Common Sense. I’m Paul Jacob.

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Townhall: The War for/on Democracy

Defending democracy in state after state entails wins here, losses there, and an ongoing struggle. But it’s worth it. For the “democratic means” are about all that is left of what we have to defend the Republic from its corrupters.

Click on over to Townhall, for the latest wrap-up; and come back here, for more information.

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ballot access initiative, referendum, and recall

Finished Business

Nebraska Win

The civil war is over!

I mean Nebraska’s civil war, a 23-year schism between its unicameral legislature and what’s known as the state’s “second house” — that is, the people, acting through the initiative and referendum process, often checking the power of the first house.

Hero of the day? State Senator Mike Groene of North Platte, who championed Legislative Bill 367. Kudos also to the 42-0 vote of the Nebraska Legislature that enacted the measure, as well as to Governor Pete Ricketts for signing it into law.

Groene, who has been politically active for years with the Western Nebraska Taxpayers Association, got into office as a result of term limits. His LB 367 reverses the state’s seven-year ban on paying petition circulators according to the number of signatures they gather. He convincingly argued that the ban had “really broken the back of people trying to take part in their government through the petition process.”

“It’s time for this body to call a truce,” Groene told fellow lawmakers, declaring that since term limits were first passed, citizens and their representatives had been locked in a “civil war.”

During that war, State Sen. Diane Schimek, a 20-year legislator about to be term-limited, successfully pushed legislation to restrict citizen petitions. Part of her measure was struck down as unconstitutional in Citizens in Charge v. Gale.  Now the rest has been unanimously repealed by the state legislature.

Sen. Paul Schumacher of Columbus favored Groene’s bill, saying that legislators could use a more viable initiative check on their power. The unicameral’s attacks on citizen petitions were, he said, “reflective of a government that was afraid of its people.”

Now it’s peacetime in Nebraska.

This is Common Sense. I’m Paul Jacob.

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Nebraska Win

 

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Accountability ballot access Common Sense First Amendment rights general freedom initiative, referendum, and recall

Really Protecting Our Rights

Incentives matter. Which is why Ohioans have much to celebrate
this week.

Federal District Judge Michael Watson turned his previous temporary injunction against enforcement of Senate Bill 47 into a permanent injunction. That statue outlawed non-residents from helping Buckeye State residents by gathering petition signatures for an initiative or referendum.

The case is Citizens in Charge v. Husted. Citizens in Charge — where I work — protects initiative rights. Jon Husted is the Ohio Secretary of State.

But Judge Watson went further, declaring Sec. Husted’s office liable for damages to one of our co-plaintiffs, Cincinnati for Pension Reform. The judge found that “a reasonable official would have understood that enforcement of the residency requirement would violate plaintiffs’ First Amendment right to engage in political speech.”

Public officials have what’s known as “qualified immunity,” which protects them from liability when acting in good faith. A spokesman for Husted offered a defense: they were acting “on the assumption that the law is constitutional.”

“Some qualified-immunity cases are difficult,” countered election-law expert Daniel Tokaji. “Not this one.”

Ohio’s residency law was ruled unconstitutional in 2008, after Ralph Nader’s presidential campaign sued. In 2009, the previous secretary of state officially acknowledged the law unenforceable regarding all petitions. Yet, seeking to block citizen petitions, legislators passed it again, and Husted was quick to enforce.

Maurice Thompson of the 1851 Center for Constitutional Law, our attorney, cheered the “deterrence” this decision provides.

“If public officials from the governor down through the police know that they will be liable for enforcing an unconstitutional law,” he explained, “they are far more likely to take Ohioans’ constitutional rights seriously.”

This is Common Sense. I’m Paul Jacob.

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Accountability ballot access Common Sense general freedom government transparency

Pierce Petition Power

Jerry Gibbs

Pierce County, Washington, Executive Pat McCarthy charges that “a majority of the County Council bowed to political pressure, even though this could set a terrible precedent that the most basic administrative actions of government can be derailed by the simple act of signing a piece of paper.”

Yeah, right.

At issue is a $127 million construction project to build a new county administration building. Back in February, the Council voted 4-3 to move forward on the project.

The total cost of the new building, including financing fees and interest, will add up to $235 million according to Jerry Gibbs and a group called Citizens for Responsible Spending. These activists filed a petition to demand a public vote on the issue next November.

As is all too common these days, their grassroots effort was quickly countered by the big guns: the city filed a lawsuit against them, attempting to block the referendum.

The lawsuit didn’t sit well with people in Pierce County.

“Why don’t they want this voted on by the people?” asked Gibbs.

“This is absolutely an abuse of power,” decried resident Sheila Herron, “this is bullying of a private citizen.”

Council Chair Dan Roach argued that the power to launch a court challenge must come from the council, which had not discussed it. He warned his fellow city officials: “you are sending a very chilling” message to citizens not to “dare try to challenge what we’re doing as the government.”

Last week, the County Council voted 4-3 to drop the lawsuit, bowing to political pressure . . . from the people they represent.

In short, good government broke out.

This is Common Sense. I’m Paul Jacob.

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crime and punishment folly general freedom nannyism too much government

America’s Twilight Zones

On Friday I lamented the picking up, by local police, of two children, 10 and 6, for walking home from a local park . . .

and the subsequent two-month Montgomery County (Maryland) Child Protective Services investigation, which found the parents “responsible” for “unsubstantiated child neglect.”

Left unanswered? Whether parents “may” let their kids walk somewhere without supervision.

There’s no law, of course, against children walking in public without parents. But the “swarms of Officers” employed “to harass our people” aren’t limited by trifling things like laws.

This Kafkaesque episode reminds me of my experiences with campaign finance agencies.

In both cases, agencies rely upon meritless complaints to investigate, intimidate and impoverish people without any law being broken. All that’s required? An unelected bureaucrat’s arbitrary decision.

Take Lois Lerner. She ran the IRS division targeting conservative groups. Remember her allegedly lost emails? Irretrievable! Until someone actually looked for them.

Before violating people’s rights at the IRS, Lerner did so heading the Enforcement Division of the Federal Election Commission (FEC). A recent George Will column detailed her threats and very public and politically damaging harassment of Al Salvi, the Illinois Republican candidate for the U.S. Senate. Sure, he was fully acquitted in federal court . . . after his defeat.

Using a spurious complaint by former Rep. Mike Synar (D-Okla.), Lerner launched a political persecution against U.S. Term Limits, costing us nearly $100,000 in legal fees and much more in dislocated time and manpower.

Finding no evidence — there was none to find — the FEC finally closed the matter. But agency officials still issued a news release proclaiming that they believed we had violated the law.

An Oklahoma newspaper headline read, roughly, “National Term Limits Group Broke Law, Says FEC.”

Talk about “unsubstantiated.”

This is Common Sense. I’m Paul Jacob.

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