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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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initiative, referendum, and recall international affairs social media

Somebody … to Squelch

I AMsomebody!

… with an officially “restricted” Facebook account.

I’d like to thank my family and friends for always believing in me — even many decades ago when it was unclear if I had what it takes to even get arrested. And now, after repeated validation per that previous metric, comes my crowning Internet-​era achievement: running afoul of the information-​squelching policy of massive Meta censorship. 

I’m deeply humbled by the recognition. 

“Your post didn’t follow our Community Standards” was all the information provided. It flagged a post of nearly a month earlier.

“Tomorrow is the big day for the first city — London — to take part in the Punjab Referendum organized by Sikhs for Justice,” my October 30th post read. “It will be a long day … but so glad to be part of the international commission advising on best practices, monitoring the actual voting and issuing a report.” Five photos of a meeting and a handout promoting the referendum adorned the post. 

An “Account Restricted” label appeared on my homepage with the note: “Only you can see this.” 

The ban stops me from personally “going live” or “advertising” for 30 days. Two things I don’t do. 

But let’s not allow the absurdity of it all to mask what’s happening: Voices that do not fit the official government-​induced corporate narrative are harassed and silenced in a major avenue for communication. 

The too-​often-​violent situation in the Punjab region of India, what many Sikhs call “Khalistan,” is tense. The non-​binding, non-​governmental referendum I posted about has been outlawed by India’s government. 

Blocking and punishing posts that speak truthfully about a democratic approach to that ugly division hardly solves the problem.

It works in this case (and others) to prevent a peaceful resolution.

This is Common Sense. I’m Paul Jacob.


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political challengers

Message or Money?

“I don’t know if I truly am fearless,” Edward Durr remarked to an NJ​.com reporter, “or stupid.”

“Because who in their right mind would take on a person with that kind of power and clout?” he asked rhetorically, before he answered, “But his power, his clout, did not scare me.”

Durr, a Republican, is the 58-​year-​old truck driver who last Tuesday defeated one of the most powerful politicians in New Jersey, State Senate President Steve Sweeney, a Democrat. Durr has never before held public office and spent just a smidgen over $2,000 in the entire race. His campaign video was filmed on his smartphone.

On the other hand, Sweeney was the longest serving legislative leader in the Garden State’s history. The powerful teachers’ union attempted to take Sweeney out four years ago, spending a whopping $5 million, but he still won handily by 18 percentage points.

Was it a conservative-​leaning district? This southern Jersey district “has reliably elected a Democrat since its creation in 1973, save for one year when the Democratic incumbent switched parties,” reported The New York Times.

At Reason, Rob Soave called it “one of the biggest political upsets in American history,” offering this important takeaway: “Durr’s victory is another reminder that for all the pearl clutching about money in politics, contemporary American campaigns are less determined by big piles of cash — to pay for massive ad blitzes, expensive consultants, and the like — than ever.”

Clearly, message meant more than money.

This is Common Sense. I’m Paul Jacob.


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initiative, referendum, and recall media and media people

Democracy Fail?

“California recall fails,” The Visalla Times Delta explained. As did KSBY, the NBC affiliate in San Luis Obispo. Not to mention The New York Daily News and The Chicago Sun-​Times.

FiveThirtyEight analyzed “the failed California recall” at length. Even the South China Morning Post proclaimed the apparent democratic malfunction (reprinting an Agence France-​Press report).

Yet the recall did not fail.  

Sure, voters decided not to jettison Governor Newsom mid-​term. But that’s not a failure of this century-​old democratic check on power — not unless a whole bunch of the 64 percent voting to keep Newsom filled in the wrong oval on their ballot by mistake.

I almost wish that were so; it would be easier to correct going forward.

“In a state famous for its acts of direct democracy,” a New York Times feature informs, “detractors of this year’s special election say the recall process is democracy gone off the rails, a distraction from crises that require the government’s attention, and a waste of hundreds of millions of dollars.”

Some folks never complain about government spending until it comes to the cost of holding an election. Funny, that’s precisely when our money might actually be well spent.

“No one in the state’s Democratic leadership is suggesting the elimination of recalls,” The Times notes, merely “vowing to make it more difficult for them to qualify for the ballot.”

In other words, legislators intend to raise the cost … so as to fight wealthy interests, they’ll argue. With a straight face.

“In a sharp piece of political irony,” that Times’ piece bemoans, “it will take a referendum to decide whether to change this particular referendum.”

Which is a feature of the system, not a bug. That is, no fail there

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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initiative, referendum, and recall

Recall Legal Scholars?

“For weeks, legal scholars have debated whether the recall election of [California] Gov. Gavin Newsom could be found unconstitutional,” The Los Angeles Times reports, “if Newsom failed to realize a ‘no recall’ majority of the ballots cast and was ousted by a candidate who received fewer votes than he did.”

By “failed to realize a ‘no recall’ majority,” writer Maura Dolan means — in normal lingo — that Newsom gets booted out of office by majority vote. But following that phrase with “ousted by a candidate who received fewer votes than he did” ignores precisely who just did the “ousting” or, if you prefer, “booting” — voters.

Her confusion was mightily assisted by University of California at Berkeley academics, Law School Dean Erwin Chemerinsky and Professor Aaron S. Edlin, economist, arguing in The New York Times that the recall is “nonsensical and undemocratic.” Oh, and “unconstitutional,” too, because more votes could be cast to keep the incumbent than for the incumbent’s replacement. 

“Every voter should have an equal ability to influence the outcome of the election,” they contend.

A Golden State recall petition results in two separate elections: (1) the voters’ up-​or-​down decision on keeping or recalling the official in question, and (2) a second election for voters to choose among candidates running to replace that official should the recall succeed. 

Every Californian casting a ballot on these two separate issues indeed has an equal vote. The recall is automatically decided by majority, while the replacement could win with a plurality.

The equal protection angle has been raised unsuccessfully before. In fact, Chemerinsky acknowledged, according to the LA Times, “that courts could decide that the recall proposal itself amounted to a separate election from the second question on the replacement candidates.”

No duh.

The authors should be glad that recalling academics isn’t a thing — even so, they’re not as awful as Governor Newsom.

This is Common Sense. I’m Paul Jacob.


Blast from the past: This column addressed opposition to the 2003 recall of California Gov. Gray Davis.

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