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election law Voting

Voting Unbound, Democracy Unhinged

In our nation’s capital, local voting rights are expanding and metastasizing so fast it is hard to keep up.

Exhibit A, a 12-1 vote of the City Council last year, telling the world: It is absolutely crucial to our democracy that China’s ambassador to the United States be given the same vote on who should be mayor, council member, or decide ballot measures, that any American citizen living in the District of Columbia would be entitled. 

Hey, let’s not disenfranchise the spies working out of the Russian embassy, either. Let ’em all vote! 

After all, they pay taxes. Might have their kids in the schools. 

In the country illegally? Fuhgeddaboudit! You can vote in DC. In fact, if an invading army took Washington by military force, and then held it for 30 days, the enemy soldiers could legally vote themselves into office. 

If only this were hyperbole!

A year ago, all the Republicans — along with 1 in 5 Democrats — in the U.S. House voted to nix the District’s crazy foreign citizen voting plan, as is Congress’s constitutional authority. But the Democrat-controlled Senate refuses to act.

Last week, Abel Amene, whose Ethiopian family was granted asylum more than 20 years ago, became the first non-citizen to be elected to a D.C. office. Abel won one of nearly 300 seats on the Advisory Neighborhood Commission, where the average district contains roughly 2,000 residents. 

My only question: why hasn’t he become a citizen? 

While the ANC has absolutely no power whatsoever, it is likely that its commissioner, Vanessa Rubio, lusts for more power and authority. Earlier this week she was fined $500 for voting twice in the 2020 election — once in Maryland and another time in Washington, D.C. 

She originally told authorities she did not recall voting twice. Later she suggested that because D.C. isn’t a state, voting there didn’t count . . . as if everyone gets one vote in Washington and another where they actually live.

Rubio’s 2020 fraud reminds us that not every vote should count.

This is Common Sense. I’m Paul Jacob.


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ballot access crime and punishment election law

Elections Overturned & Undermined

Sure, democracy is a messy affair. But it does require several fine balances. One of them is that elections must be trustworthy: neither rigged nor gamed.

In recent years, many elections have been charged to be somehow “stolen.” Hillary Clinton accused Donald Trump of “stealing” the 2016 presidential election; Donald Trump, in turn, accused the Democrats of stealing the 2020 election, in which he was given his walking papers.

Now reports by Roman Balmakov, at Epoch TV, show that election irregularities at the local level can not only be contested, but elections overturned. 

Sans “insurrection.”

“In a shocking turn of events,” explains Balmakov, “a judge in Connecticut overturned a primary election because the evidence of fraud was just so overwhelming.” Video captured late-night ballot box stuffing, with identifiable government-employee perps. The judge overturned Bridgeport’s Democratic primary race for mayor.

In a sheriff’s race in a Louisiana parish an even more extraordinary set of events occurred. An election wherein a candidate lost by one vote was challenged; a recount adjusted the figures but the single-vote spread remained. Another challenge led the state Supreme Court to appoint a judge to look into the mess, and he found one: clear evidence of massive voting irregularities. He demanded a new election.

But Roman Balmakov’s report from yesterday may spark wider interest. It was about a thorough Rasmussen poll of 2020 voters: “1-in-5 people who voted by mail committed some type of voter fraud.” You might say they confessed as much in how they answered the poll. 

All three stories cast a dark light on the state of American democracy. But the poll may be the most troubling. 

If not how little interest the Rasmussen survey has garnered from major media.

This is Common Sense. I’m Paul Jacob.


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First Amendment rights Internet controversy social media

Memester to the Pokey

It was a joke. For which he’s been sent to prison.

A political joke online.

Admittedly, it wasn’t very funny. It certainly wasn’t new. That is, the general idea has been floating around for as long as there have been ballot boxes. 

The ur-form of the joke is “Hey, [political opponent], why don’t you deposit that ballot right here in this handy receptacle [trash can]?”

The specific joke that got Douglass Mackey into big trouble sported an image of a smiling black woman in front of a white-on-blue “African Americans for Hillary/President” sign, along with the message: “Avoid the line. Vote from home. ¶ Text ‘Hillary’ to 59925 ¶ Vote for Hillary and be a part of history.”

It arguably flirted with dirty tricks of the sort honest people don’t engage in. But a lot of partisans do that sort of thing, not just Mr. Mackey, who posted the joke to his now-defunct “Ricky Vaughn” Twitter account. A better version of the joke about the same time was not only never prosecuted, the link to it’s still on Twitter (X). It just so happens, however, to have been made by a Democrat . . . against Trump voters.

Trolls flirting with Dirty Trick status are not criminals; there is the First Amendment. But what Mackey was successfully prosecuted for (he was sentenced last week to seven months) was “Election Interference.”

Tellingly, ZERO is the number of voters stepping up to testify that they were tricked into texting 59925 and then not voting by his lame meme. If there were any, they might understandably be too humiliated to bear witness.

Curiously, the law he violated does not mention misinforming a person as a criterion for criminality.

A country that selectively prosecutes this sort of thing — can it be said to be free?

This is Common Sense. I’m Paul Jacob.


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Accountability ballot access Voting

Time and Money

The Democratic governor of Pennsylvania, Josh Shapiro, expects the state government to automate voter registration by the 2024 election. This will “save taxpayers time and money.”

Unless they opt out, prospective voters are to be enrolled when they get a state ID or a driver’s license at the DMV.

According to the Libertarian Party of Pennsylvania, it will also make it easier for “uninterested, uninformed people to wield political power.” And perhaps also make it easier for ineligible noncitizens to vote — folks whom most Democrats, at least, strongly suspect would be more likely to vote Democrat were they somehow enabled.

It’s not fair to noncitizens, however, to register them without their consent and to send them the instruments of casting a ballot, when doing so is illegal and could ruin their chance to become citizens.

And registering and confusing immigrants has been happening in Pennsylvania — under a less lax system.

Shapiro pretends that security will be improved thereby, too. Automating voter registration adds “important levels of verification to the voter registration process.” But Pennsylvania doesn’t need to register people automatically to require a photo ID for registration or voting. (Which it doesn’t, currently; a paycheck or utility bill suffices.)

Political figures often complain about the expenses involved in special elections, recall elections, citizen initiatives, and other paraphernalia of democracy that cater to motivated, informed, active citizens — it is almost as if they regard this kind of voting as coming at their expense. It does not take long dealing with incumbent politicians to intuit that they would rather we just accept everything that they do without demur.

Freedom, democratic institutions and their safeguards, sound electoral procedures, voting machines, getting to the voting booth — even acquiring, filling out and mailing absentee ballots — all such things cost time and money.

We’d save time and money by not eating, too. But that’s hardly a triumph of economy.

This is Common Sense. I’m Paul Jacob.


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crime and punishment election law partisanship

Election Challenge Criminalized?

Another day, another indictment of former President Trump. This one, out of Georgia, would criminalize election challenges.

Jonathan Turley observes that in this fourth indictment, “every call, speech, and tweet appears a criminal step in the conspiracy. District Attorney Fani Willis appears to have elected to charge everything and everyone and let God sort them out.”

This is the kitchen-sink, banana-republic approach to “justice.” Facts? Plausibility? Irrelevant when the would-be one-party regime has a target in view.

In masterful understatement or point-missing, Turley writes that the “greatest challenge for Georgia is to offer a discernible limiting principle on when challenges in close elections are permissible and when they are criminal.”

But how can it ever be criminal simply to challenge election results or call for a recount or plead for further investigation of the flimsiest of allegations, even via imperfect phone call?

The “limiting principle” operative here is obvious. Is the challenger on our side or the other side? Our side, the challenge is legal. Other side, it’s illegal, prosecutable. This is Willis’s “principle.”

Per Turley, it’s important for campaigns to seek judicial review of an election “without fear of prosecution.” Yes, important. But from the perspective of those who want to prevent other-side campaigns from seeking recourse when an election is close or seems pockmarked by fraud, what’s important is making sure other-side campaigns do fully feel this fear.

The bad guys already understand what’s at stake, what Mr. Turley is so carefully explaining as if they are perhaps only a little confused.

This is Common Sense. I’m Paul Jacob.


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crime and punishment general freedom ideological culture

Violence on the Rise

In a fascinating if vexing article courtesy of Reuters, we learn that political violence has risen in recent years. 

Not shocking news, to those paying attention, but still worth thinking about.

The article focuses on a few stories of politically motivated violence by individuals against individuals since the fateful day of January 6, 2021. This conveniently stacks the deck of partisanship, ruling out of consideration 2020’s mass violence and multiple deaths during the riots following George Floyd’s death. With this limitation, the majority of violence is from “the right” against “the left.”

But the article’s most interesting passage regards a recent poll about the acceptability of violence. There the breakdown evens out: “In a Reuters/Ipsos poll of nearly 4,500 registered voters in May, roughly 20% of both Democratic and Republican respondents called violence ‘acceptable’ if committed ‘to achieve my idea of a better society.’” 

A similar poll last year shows that these acceptability-of-violence levels are on the rise.

Why?

One thing is perception of news media and thrust of the media. 

On the right, folks have noticed that the news regularly lies and spins in favor of the center-left establishment — demonstrated repeatedly in the article with what Reuters considers accepted facts. On the left, folks who trust their news sources and party follow the repeated narratives painting Trump and his supporters as wholly evil.

Of course you can fight evil with violence! — so a logic runs.

Also, the suppression of online social media stories and accounts that are perceived as “anti-left” has bred much distrust and disgust. Democracy only works in a context of free speech and open debate. 

Dysfunctional democracy makes violence more likely. 

This is Common Sense. I’m Paul Jacob.


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