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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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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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ballot access national politics & policies partisanship

Launch a Thousand Lawsuits

In the last couple of years, the Republican National Committee has launched 73 lawsuits in twenty states to challenge slack, lax, state-​law-​defying election rules and prepare for further lawsuits if the elections in November are afflicted by any shenanigans. A good start.

The litigation pertains to things like treatment of poll watchers, how absentee ballots should be counted, and whether noncitizens may be allowed to vote. The RNC has achieved some important successes.

  • In June, a New York court ruled that a new law giving almost a million noncitizens the right to vote in New York City is unconstitutional. The RNC has also sued to block noncitizen voting in two Vermont towns.
  • A court ruled that Michigan Secretary of State Jocelyn Benson violated the law when imposing new restrictions on poll watchers.
  • Nevada and Arizona must now provide poll-​worker data to ensure that both major political parties are represented at voting sites.

A lot of electoral hanky-​panky in 2020 was never adequately investigated. Many of us were blindsided by the brazenness with which foes of one-​citizen-​one-​honest-​vote exploited COVID-​19 fears to undermine election integrity. (It was an emergency. Safeguards just had to be scuttled, supposedly.)

Until the time machine gets invented, though, we’re stuck with the electoral results of that year. We can no longer contest the 2020 election.

But we can darn well contest the 2022 election if and when we espy dubious electoral doings. 

And the 2024 election too.

This is Common Sense. I’m Paul Jacob.


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ballot access initiative, referendum, and recall

Reforms from Ground Zero

“Georgia has become ground zero in the fight over election integrity,” Margaret Brennan, host of Face the Nation on CBS, alerted her audience on Sunday, introducing the state’s Secretary of State Brad Raffensperger, a Republican who, she reminded, “became known nationally in the wake of that election because [he] refused to succumb to pressure from President Trump.”

Given the walk that Mr. Raffensperger has walked, his talk should carry some street cred with media outlets that are truly non-​partisan and interested in election reform. 

Raffensperger proposed three reforms to secure elections: (1) No ballot harvesting, wherein a person gathers up or “harvests” many mail-​ballots not his or her own; (2) “a constitutional amendment … that only American citizens vote in our elections,” and (3) “photo I.D. for all forms of voting.”

“Only U.S. citizens do currently vote in elections,” Brennan critically interjected (incorrectly), “but go on.”

Raffensperger did, explaining that “cities are trying to push noncitizen voting.” A few years ago, the council in Clarkston, Ga., voted to study allowing non-​citizens to vote. Just last month, the New York City Council gave the right to vote in city elections to 800,000 non-​citizens (including 110,000 Chinese nationals); last year, the Vermont Legislature approved non-​citizen voting in two cities; and non-​citizens (documented and undocumented) have been voting in San Francisco; and in 11 more cities across the country.

The Secretary of State noted that citizen-​only voting, “just like photo I.D.,” is “supported by all demographic groups and a majority of both political parties.”

Citizen-​only voting belongs in our state constitutions so that any future decisions on providing the vote to non-​citizens requires a vote of the people, and therefore, cannot be made by politicians alone.

This is Common Sense. I’m Paul Jacob.


Note: Illustrating the usual split between politicians and voters, the New York City Council enacted a law for non-​citizen voting while a poll of New Yorkers showed more than 60 percent opposed the measure.

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ballot access Voting

Citizenship Not Required

Noncitizen voting is coming to New York City.

Tomorrow, the city council is expected to approve a measure permitting more than 800,000 noncitizens to vote in city elections.

Noncitizens will need to have a green card or the right to work in the United States, and will need to have been resident in the city for at least 30 days.

Opponents include Councilman Rubén Díaz, a Democrat. He observes that the requirements for becoming a naturalized citizen and thereby earning the right to vote, which include “understanding the basics of [our history] and how our government functions,” would thus be bypassed.

Whether the granting of American citizenship to newcomers has been too lax or too cumbersome is a separate question. But if a particular noncitizen deserves to vote, he or she surely deserves citizenship. Why not start with citizenship?

Opt in. Become an American before you vote in America. This seems basic.

Which is why de-​linking voting from formal citizenship conjures up two worrisome questions: 

What agenda does this serve? and What’s next?

Next steps could include extending the franchise to those who do not “have the right to work” (as is already the case in San Francisco) and extending this new right, noncitizen voting, to state and federal elections.

That many Democratic congressmen are eager to obliterate any practical distinctions between citizen and noncitizen is shown by their support for HR1, the misnamed “For the People Act,” an assault on state-​level laws intended to ensure that only (living) citizens are voting (only once) in elections.

Fortunately, that federal legislation has been blocked. For now.

This is Common Sense. I’m Paul Jacob.


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ballot access national politics & policies Voting

Ballots, Barriers and Buncombe

“The right to vote is a sacred civil right that empowers naturalized citizens to participate in our democracy,” LaVita Tuff, policy director of Asian Americans Advancing Justice-​Atlanta, informed the media.

Yet, that same news release declared, “Asian Americans Advancing Justice-​Atlanta and the Asian American Advocacy Fund collectively condemn the statements made by Georgia’s Secretary of State this morning emphasizing that ‘only American citizens should vote in our elections in Georgia.’”

These groups specifically attach voting rights to “naturalized citizens,” that is, immigrants who go through the process to become American citizens … like millions before them. But then AAAJ‑A and AAAF denounce Secretary of State Brad Raffensperger for asking the Georgia General Assembly, last month, to put a constitutional amendment on the ballot to clarify that only U.S. citizens can vote in all state and local elections. 

“[D]on’t disenfranchise the people of Georgia on this important issue,” Raffensperger urged. “Let’s put it on a ballot.”

No argument is offered by either AAPI (Asian American Pacific Islander) group opposing the substance of Sec. Raffensperger’s proposed amendment. Not a single word.

Instead, they contend that “preventing noncitizens from voting is unnecessary and misleading,” before mentioning a non-​citizen voting “measure previously considered in Clarkston, Georgia” and the possibility of changes “that could expand the right to vote to include noncitizens in local elections.” Hmmm … thus providing a very real and recent justification for Georgia voters to weigh-in. 

The news release smears Republican Raffensperger for supposedly “using immigrants as a scapegoat to create additional barriers to the ballot.” 

But the measure is clearly designed to protect existing barriers, not prohibit any currently eligible citizen from voting. 

This is Common Sense. I’m Paul Jacob.


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