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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 AM . . . somebody!

. . . 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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ballot access partisanship

Fear & Its Peddlers

“We’re facing the most significant test of our democracy since the Civil War,” President Joe Biden hyperbolically orated on Tuesday at the National Constitution Center in Philadelphia.

“That’s not hyperbole,” he insisted, repeating, for emphasis, “Since the Civil War.”

Referring to state legislation passed or proposed by Republicans regarding various election procedures, Mr. Biden must remember the Jim Crow Era with its “literacy tests, poll taxes, elaborate registration systems, and eventually whites-only Democratic Party primaries to exclude black voters,” since he also smeared these current Republican polices as a “21st-century Jim Crow assault.”* 

President Joe painted a picture of “unprecedented voter suppression” and “raw and sustained election subversion” and more.

Somehow, the media chorus line just repeats this nonsense.

Ignore the years of prominent Democrats’ straight-faced berating of Republican support for voter ID laws as nothing more than a purposely racist suppression tactic . . . immediately followed the Democrats’ recent about-face claim that they had always supported voter ID.

Even as they continue to push federal legislation that would effectively obliterate such ID laws in 35 states.**

Then contrast the bill passed in Georgia or being considered in Texas with the process in Biden’s home state of Delaware, which “doesn’t allow 24-hour or no-excuse drive-through voting,” as Karl Rove explains in The Wall Street Journal

“It won’t begin early voting until 2022 and then for . . . fewer days than Texas,” which has had early voting for more than three decades.

Somehow, Mr. Biden has never denigrated Delaware for Jim Crow-ism. 

Yet he may be right that “bullies and merchants of fear and peddlers of lies are threatening the very foundation of our country.”

Peddler of lies, know thyself.

This is Common Sense. I’m Paul Jacob.


* Not to mention that a certain “Biden crime bill” passed decades ago may have led to more disenfranchisement of voters — especially voters of color — than any single piece of legislation since . . . the Civil War.

** This HR1 would also allow partisan control of the Federal Election Commission, for the first time ever — the most potentially speech-suppressing provision of any state or federal legislation.

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ballot access initiative, referendum, and recall

Amazing Vanished Rights

Suppose you have the right to walk across a room.

Yet you’re legally chained to a chair. 

By your rights, you may get up and walk across the room. But you can’t, because of the chains. You could if only you could. Why, there’s even a document specifying your right to do so. You physically can’t exercise this right; that’s the only problem. 

But your right to walk across the room is enshrined and protected.

Or is it?

In fact, we have no right in the sense of a legal ability to do a certain thing if its exercise is, by law, thwarted. 

Recently, Idaho lawmakers passed and Governor Little signed a law making it almost impossible for citizens to place a question onto the ballot. Until now, Idaho required that 6 percent of registered voters in 18 of 35 legislative districts sign the petition to send a question to ballot. Gratuitously onerous, but at least possible to comply with.

That possibility was a big problem for opponents of citizen initiative rights, however. Hence the new law, requiring signatures from 6 percent of registered voters in each of 35 districts.

Reclaim Idaho challenged the law. The Idaho Supreme Court is currently hearing the case.

According to Reclaim Idaho co-founder Luke Mayville: “If you claim that the people ought to have a right to put something on the ballot [but] make it impossible to exercise that right, it’s not really much of a right at all.”

Do justice, justices.

This is Common Sense. I’m Paul Jacob.


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ballot access national politics & policies

Hypocrisy ID’d

“Prominent Democrats have increasingly softened their opposition to voter identification requirements in recent days,” informs The Washington Post, “signaling a new openness to measures that activists have long vilified as an insidious method of keeping minorities from the ballot box.”

Yesterday, when Republicans backed the idea, it was racist and supposedly so were they for supporting it. Not anymore. Now, Democrats favor Voter ID.

What changed? 

Not racism. And certainly not racially exploitative demagoguery. 

The catalyst may be a new Monmouth University poll showing fully 80 percent of Americans favor a photo ID requirement for voting, with support “at 62% among Democrats, 87% among independents, and 91% among Republicans.”

These progressive mutations take place as Senate Bill 1, the companion to H.R. 1, the so-called “For the People Act,” failed to break the GOP filibuster yesterday, blocked 50 votes to 50 votes along strictly partisan lines.

While Democrats scramble for a way out, some — Stacy Abrams, notably — suggest they have always been for voter ID. 

Funny, the Democrats’ legislation would have effectively gutted the 35 state voter ID laws now on the books. “But HR-1 does not ‘ban’ voter identification laws,” lectures Newsweek’s fact-checker. “Instead, it offers a workaround” — that does not require showing an ID.

Just the sort of requirement Democrats now insist upon? 

Hypocrisy notwithstanding, the real problem with Democrats dictating election policy from Washington is the rottenness of those policies, which include: 

  • Partisan capture of the Federal Election Commission by Democrats through 2027*
  • Taxpayer financing of congressional campaigns
  • Increased regulation of speech aimed at influencing congressmen (i.e. mobilizing citizens)

Congressional Democrats have plenty more bad policies where those came from.

And a legislative majority.

This is Common Sense. I’m Paul Jacob.


* If you can’t pack the Supreme Court, packing the FEC is the next best thing.

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term limits

Senatorial Senility

“We have the oldest Senate in American history,” Roxanne Roberts writes in The Washington Post

Roberts rattles off the five octogenarians — Sen. Diane Feinstein (D-Calif.), age 88; Sen. Charles Grassley (R-Iowa), age 87; Richard Shelby (R-Ala.), age 87; Sen. James Inhofe (R-Okla.), age 86; and Sen. Pat Leahy (D-Vt.), age 81 — and tells us that “Twenty-three members of the Senate are in their 70s,” noting that “only one is under 40.”

That fledgling 34-year-old whippersnapper is newly elected Georgia Democrat Jon Ossoff. But being 30 years younger than the current Senate average doesn’t make him better, that’s for sure.

Age isn’t the problem. Not exactly.

My issue with octogenarian Senators Feinstein, Grassley, Shelby, Inhofe and Leahy is that they’ve been politicians in Washington for the last 28, 40, 43, 34, and 46 years, respectively.

That’s way too long. They stop being one of us, representing us. And, left, right or in-between, we know it.

“Senior senators often stay for decades,” Roberts argues, “because voters are reluctant to give up the perks of incumbency: Seniority, committee chairmanships and all the money poured into their states.”

Ha! The idea that actual voters are unwilling to “give up the perks of incumbency” is laughable. It’s the incumbents themselves who leverage their votes in Congress to dramatically out-fundraise their challengers. 

Voters rarely get much choice.

No wonder, then, that when people got a chance to vote to term-limit their own congressmen — they did so enthusiastically

President Truman once quipped that legislative term limits would help “cure senility, and seniority — both terrible legislative diseases.” He understood that the Senate’s age problem is not time on the planet. It is the time in office.

This is Common Sense. I’m Paul Jacob.


* Another example was the late Sen. Thad Cochran, who thankfully decided to step down in 2018 — at 80 years of age after 44 years in Congress — none too soon.

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