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election law Voting

Trump to Save Elections?

“Election fraud,” said the president. “You’ve heard the term? This will end it, hopefully.” 

The “This” being an Executive Order dated March 25, 2025, entitled “Preserving and Protecting the Integrity of American Elections.”

Interestingly, the opening unfavorably compares the American ways of voting with foreign nations. 

“In tabulating votes, Germany and Canada require use of paper ballots  counted in public by local officials,” the order explains, “which substantially reduces the number of disputes as compared to the American patchwork of voting methods that can lead to basic chain-​of-​custody problems.” The document adds that “countries like Denmark and Sweden sensibly limit mail-​in voting to those unable to vote in person and do not count late-​arriving votes.”

“It is the policy of my Administration to enforce [2 U.S.C. 7 and 3 U.S.C. 1] and require that votes be cast and received by the election date established in law,” Trump’s order states.

Well, California might have to start reporting the results of congressional races in under a month.

More consequently, the EO directs “the Secretary of Homeland Security” and “the Secretary of State” to “ensure that State and local officials have … access to appropriate systems for verifying the citizenship or immigration status of individuals registering to vote or who are already registered.”

The exact opposite policy from Biden’s refusal to help those seeking to enforce citizen-​only voting policies.

In full disclosure, as chairman of Americans for Citizen Voting, I helped eight states pass Citizen Only Voting Amendments last November — and six states previously. This year, South Dakota’s legislature has already placed an amendment on the 2026 ballot and, yesterday, Kansas did likewise. 

Democrats continue to push for non-​citizen voting, which liberal courts in California and Vermont have upheld for cities, and to oppose these state amendments. But last week, New York State’s highest (and quite liberal) court struck down New York City’s noncitizen voting ordinance.

This is Common Sense. I’m Paul Jacob. 


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ideological culture Voting

Blood in the Streets?

“When you think about how dangerous it is to raise an issue like this,” Davis Hammet, president of Loud Light Civic Action, explained to a Kansas State House committee, “whenever something doesn’t need to be addressed — because you’re going to create a lot of public attention, a lot of debate on this, and very likely — not to say that anyone here, this is their intention — but there’s [sic] almost three million people in the state, some folks will have very xenophobic and potentially violent outlooks on immigration.”

Hammet then asked legislators to “consider the Garden City bombing plot,” a 2016 case in which three Kansas men were arrested and convicted of conspiring to bomb a housing complex with many Somali immigrants.

Wait … what issue — “like this” — is he talking about? 

Mr. Hammet testified against House Concurrent Resolution 5004, a constitutional amendment introduced by Rep. Pat Procter, clarifying that only U.S. citizens are eligible voters in all Kansas elections, state and local.

“This legally and practically won’t do anything,” asserted Hammet.

Far from the truth, legally. 

Kansas has the same language in its constitution’s suffrage provision as California and Vermont, where courts have upheld the constitutionality of noncitizen voting at the local level. Plus, by placing citizen-​only voting in the state constitution, Kansans can guarantee their power to vote yes or no before any future state legislature or city council could legalize non-​citizen voting.

Twenty-​one cities across the U.S. now give the vote to noncitizens, most also allow those here illegally to vote. Meanwhile,in recent years nearly 30 million Americans in 14 states have voted by whopping margins to enact Citizen Only Voting Amendments like HCR 5004, eight of those states last November

“But it could create fuel on the fire for some radical groups,” speculates Hammet, “to feel like they’re motivated to take improper actions.”

Yet so far without a single fatality! No fisticuffs or riots or bombings attributed to the debate or the public vote. Not one incident. 

Hammet may sound high-​minded, throwing around words like “xenophobic,” but note his paranoia about his fellow citizens handling political issues. Moreover, he fails to recognize that the policy he sees as “anti-​immigrant” is, in actual fact, overwhelmingly supported by immigrants.

So, who’s the xenophobe?

This is Common Sense. I’m Paul Jacob.


Note: HCR 5004 passed that committee and then passed the House on a vote of 98 to 20. The amendment now awaits action in the Kansas State Senate in order to be referred to the voters.

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general freedom Voting

Dis Democracy?

Starting the new year and awaiting a new administration, do we deserve to ‘get it good and hard’?

In the winter issue of Cato Institute’s Regulation, economist Pierre Lemieux acknowledges H.L. Mencken’s famous line — “Democracy is the theory that the common people know what they want, and deserve to get it good and hard” — and sympathizes with “disappointed voters” following last November’s election.

“The common person does know what he wants,” argues Lemieux, explaining that “he succeeds so well in his private life.”

Of course, our economic marketplace and our political marketplace are markedly different.

“The electoral choices presented to voters are typically a confused mix of unreliable promises and obscure policies,” Lemieux writes. “Contrast that with the clarity and variety of market choices.”

He notes the ways regular folks are being politically disempowered: “The value of lying as an electoral asset seems to be on the rise. The public education system appears to have not had much success in encouraging the quest for truth. And the common people have been infantilized by their own governments …”

Lemieux worries that “when the common person is given the power to decide what his fellow humans should want … things can go very wrong.” 

He’s correct, of course. But it isn’t a problem unique to democracy or the participation of regular folks. When any government has such enormous power over “fellow humans,” yes, things go wrong. Enormously wrong. 

Yet, in democracies, the problem of political tyranny is far less pronounced than in anti-​democratic regimes, and more effectively remedied. Democratic government is messy, woefully imperfect and can lead to awful policies and real tyranny. Still, it lacks a superior alternative.

Until then, give me democracy. 

Good and hard? Preferably good.

This is Common Sense. I’m Paul Jacob.


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initiative, referendum, and recall media and media people

The Hill as Hallucinogen

Americans for Citizen Voting had a super successful Election Day. I swear!

But you wouldn’t know it for the news coverage. 

Throughout 2023 and 2024, we worked to place constitutional amendments on the ballot in eight states, which, if passed, would specifically ban noncitizens from voting in state and local elections. Then, this November, every one of the measures swept to victory. By roughly a 2 – 1 margin in Idaho, Kentucky, Missouri, and Wisconsin; 3 – 1 in Iowa and North Carolina; 4 – 1 in Oklahoma; and by a whopping 6 – 1 margin in South Carolina. 

Of course, don’t be shocked if folks dispute my claims of victory. Especially if they read The Hill, which published two articles the day after the election declaring that Citizen Only Voting Amendments were defeated — in South Carolina and in Wisconsin. 

“Voters in Wisconsin have rejected a ballot measure amending the state’s constitution to explicitly prohibit foreign nationals from voting in any election in the state,” The Hill informed its audience. 

Even though 71 percent of Badger State voters actually pulled the lever for the constitutional amendment, not against it. 

“South Carolina defeats noncitizen voting ban,” boasted the headline on another Hill article. Since an incredible 86 percent of Palmetto State voters said yes to the amendment, how did The Hill manage to report that the referendum failed? The very opposite of the truth. 

Oh, The Hill was kind enough to take down their false news stories once alerted to them. But the paper refused to do what I asked: place a note on the corrected story acknowledging their mistake.

Readers who had seen the erroneous articles should be notified that they had been misinformed — and not left thinking they had been hallucinating.

This is Common Sense. I’m Paul Jacob.


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ideological culture media and media people partisanship

Not Now

“Reconsider Any Belief In Innate American Goodness,” Ken White advises at the Popehat Report. “A country that votes for Trump is broken in very complicated and daunting ways,” informs the attorney and podcaster.

“Fuck Civility,” he declares, and for good measure, “Stay Tuned For Violence.”

They do sorta go together, eh?

“Debate is preferable,” he notes for the record, “[b]ut most Americans would agree with what Thomas Jefferson said about the blood of patriots and tyrants. At some point violence is morally justified and even necessary. Americans will disagree on when.”

Though, let’s all agree, not now.

My thinking the day after takes a different route. 

First, the lawfare unleashed on Mr. Trump helped him more than it hurt. A majority of the public did not suddenly become enamored with the idea of 34 felony convictions but stuck by the former president, now president-​elect, because of their contempt for the New York Attorney General and the U.S. Department of Justice, seen as rogue players in partisan politics. 

America had come to look like Egypt.

Second, the establishment media’s years-​long campaign against Trump, hyperbolic and often dishonest (see Charlottesville narrative) failed miserably. Arguably, like lawfare, it was counterproductive.

“Americans don’t trust the news media,” asserted Washington Post owner Jeff Bezos, explaining his paper’s 2024 A.D. non-​endorsement for president. 

In the aftermath of Mr. Trump being declared the winner, Matt Walsh offered on X: “Legacy media is officially dead.”

Not dead. Just in need of rebirth. Like Democratic Party leaders, news media professionals face a choice, either (a) blame the public for not being more appreciative or (b) reflect upon its own principles and performance.

This is Common Sense. I’m Paul Jacob.


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ideological culture Voting

Don’t Kill Yourself

As Donald Trump appeared to be winning last night, the number of Twitterers who proclaimed a hankering or a design to kill themselves rose dramatically. Michael Malice and others found humor in it, but it’s a super-​saddening development, if you ask me.

These Kamala Harris voters are not really going to kill themselves. It is just something to say on Twitter.

I really hope I’m not wrong about this.

I’ll leave to others the counsel of life. That is the job of friends and family and emergency hotline dispatchers. My counsel is different: talking about suicide because your candidate lost is undemocratic. If the authoritarian pronouncements of both major candidates alarmed you about the danger of anti-​democratic trend, this fad should raise the alarm several decibels.

The whole point of democracy is to allow a transition of power sans bloodshed. And that requires both contenders and supporters not to shed each other’s blood … or their own. When they fail.

It’s a requirement. Not to over-react.

The losers have to accept the loss, and the winners have to refrain from using the state to punish the losers further. 

It’s sort of that simple.

Resignation is key, as scientist Lawrence M. Krauss (@LKrauss1) indicated: “Going to bed, reasonably resigned to Trump win at this point as it seemed to me from a distance for some time. He may be a nut, a liar, and a crook, but the bright side is a likely boost free speech and due process at unis and bump in tech sector, if we survive the rest.”

We will survive. If Trump wins the Electoral Vote (I’m going to bed, too, before a final determination), or if Harris does.

This is Common Sense. I’m Paul Jacob.


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