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ballot access election law partisanship political challengers

Parties Demoted

Though “[s]everal left-leaning groups have sued to block the former president from the state’s ballot on 14th Amendment grounds,” Tom Ozimek of The Epoch Times reported in November, “Trump Listed on Michigan Primary Ballot,” as the headline states.

The primary was yesterday. Trump won. As expected.

But he appeared on the primary ballot only with legal wrangling. Michigan Secretary of State Jocelyn Benson, a Democrat, was under a lot of pressure to keep Trump off the ballot. Which she resisted, explicitly stating that she thought the maneuver to allow state officials to prohibit Trump from appearing on ballots because of the 14th Amendment’s “insurrection” clause was a bad idea.

Michigan’s voting system is now quite complicated. First, it’s an open primary state, so there will always be strategic voting, where partisans will cross lines to sabotage opponent parties. Though in the case of Trump, there is some irony here, since Trump benefitted in 2016 from such voting by Democrats, thinking he was the candidate easiest to beat in the general election.

Michigan sports a hybrid system for selecting partisan candidates to appear on the general election ballot. “More of Michigan’s 55 delegates to the Republican National Convention (RNC) will be awarded,” explains Nathan Worcester, also of The Epoch Times, “through the caucus process than through the primary vote — 39 as opposed to just 16.” But there are dueling conventions for caucusing, and it’s quite a mess.*

Michigan also now offers early voting at special voting sites. Is it a sign of a healthy democracy that there are so many ways to vote?

It sure doesn’t seem healthy that national partisan politics almost kept a Republican candidate off a primary ballot. Could the solution be to take parties’ candidate selection entirely out of state balloting?

Demote major parties from their current favored position to paying their own way.

This is Common Sense. I’m Paul Jacob.


* In the Democratic Primary, President Biden won big against Dean Phillips, a largely unknown congressman from Minnesota, and author Marianne Williamson. But, with roughly half the vote counted, a not insignificant 14 percent of Democrats snubbed the president (and the field) by voting “Uncommitted.” Many were no doubt protesting the president’s policies concerning the Israel-Hamas War; in the county containing the University of Michigan, 20 percent voted uncommitted. Yet, even in rural counties across Michigan, more than 10 percent of Democrats opted for uncommitted.

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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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A Simulacrum of Solace

If you had thought about it at all, you may likely have hoped that artificial intelligence’s spread of popularity this last year would halt its “viral” spread short of politics. In a June 25 New York Times article, Tiffany Hsu and Steven Lee Myers dash your hopes.

Regular readers of this column are familiar with one use of AI: images constructed to arrest your attention and ease you into an old-fashioned presentation of news and opinion, written without benefit of AI. 

But our images are obviously fictional, fanciful — caricatures. 

One advantage of AI-made images is that they are not copyrighted. Using them reduces expenses, and they look pretty good — though sometimes they are a bit “off,” as in the case of a Toronto mayoral candidate’s use of “a synthetic portrait of a seated woman with two arms crossed and a third arm touching her chin.”

But don’t dismiss it because it’s Canada. Examples in the article include New Zealand and Chicago and . . . the Republican National Committee, the DeSantis campaign, and the Democratic Party. 

Indeed, the Democrats produced fund-raising efforts “drafted by artificial intelligence in the spring — and found that they were often more effective at encouraging engagement and donations than copy written entirely by humans.”

Yet, here we are not dealing with fakery except maybe in some philosophical sense. Think of it as the true miracle of artificial intelligence, where heuristics grab the “wisdom of crowds” and apply it almost instantaneously to specific rhetorical requirements. Astounding.

There’s a lot of talk about regulating and even prohibiting AI — in as well as out of politics. After all, science fictional scenarios featuring AI becoming sentient and attacking the human race precede The Terminator franchise by decades. 

I see no way of putting the genie back in the bottle. 

The AI will only get better, and if outlawed will go underground. It would be a lot like gun control, only outlaws would have AI.

We cannot leave deep fakery to the Deep State.

This is Common Sense. I’m Paul Jacob.


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Whose Brains Fell Out?

Just before the Turkish presidential election, the Turkish government ordered Twitter to block content that its strongman incumbent apparently found inconvenient. (The election isn’t over; a runoff is scheduled for May 28.)

We don’t know what Twitter was told to censor. All we know is that, although now guided by the somewhat pro-free-speech policies of Elon Musk, Twitter complied, saying it did so “to ensure Twitter remains available to the people of Turkey. . . .”

Journalist Matthew Yglesias tweeted that Twitter’s compliance “should generate some interesting Twitter Files reporting.” This is an allusion to internal Twitter communications released by Musk showing how readily and frequently pre-Musk Twitter censored dissenting speech at the behest of U.S. government officials.

The jibe got under Musk’s skin. “Did your brain fall out of your head, Yglesias?” Musk counter-tweeted. “The choice is have Twitter throttled in its entirety [in Turkey] or limit access to some tweets.”

But Twitter doesn’t control Turkish policies. It only controls its own policies.

Had Twitter refused and then, in turn, been throttled in Turkey, every Twitter user there would have known about the censorship by their government. Some might have protested. But only a few people in Turkey will know about the Twitter-abetted censorship.

Musk has in effect announced that Twitter will censor anything governments want if only a government willing to block Twitter does the asking. And what tyrants do is up to them. 

Whether we cooperate with their tyranny when we have the means to resist? 

That is up to us.

This is Common Sense. I’m Paul Jacob.


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initiative, referendum, and recall Voting

Sticking It to the People

Nashville’s Metro Council? I’m no fan. But I do like the people of Nashville.

That’s where I differ from Tennessee’s Republican-dominated state legislature. 

My beef with the Metro Council (discussed in this Wall Street Journal op-ed) is the fact that, after term limits were passed back in 1994, the council has forced voters to say “No” to five different ballot measures referred by the council (1996, 1998, 2002, 2015, 2018) to weaken or abolish their own limits. 

“No” is a tough concept for them to grasp.

One of those failed council-sponsored measures even offered to reduce the size of the council from 40 to 27 in hopes voters might see that provision as positive — “give the public something,” said one pol — to divert from the council’s self-servingly unpopular attack on term limits. 

The GOP-controlled state legislature, on the other hand, is very angry at Nashville’s liberal Democratic politicians for blocking the Republican National Convention from being held next year in Music City. It sure seems a vindictively partisan move, costing people who own Nashville restaurants and hotels a sizeable bit of income.

So, back in March, the Tennessee Legislature passed a new law cutting Nashville’s council from 40 to 20 members.

That’ll teach ’em, eh?

Were only the tender feelings of Nashville’s dishonorable honorables in jeopardy, I wouldn’t complain. But the ratio of us citizens to our elected representatives is critical.

As Citizens Rising head Stephen Erickson aptly put it, “The state government of Tennessee recently decided that the people of Nashville should be less well represented.”

For the moment, thankfully, a three-judge panel in Tennessee has paused the legislature’s anti-representation scheme pending the outcome of a legal challenge. 

But our representatives should be working to improve representation, not hobble it. 

This is Common Sense. I’m Paul Jacob.


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