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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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ideological culture national politics & policies political challengers

Surfin’ U.S.A.

Back in the Spring, a pollster was detailing his findings to a group of us. The Democrats were none too popular, he informed. And informed. And further informed. But at one point, the pollster stopped to remind: “Don’t get me wrong, that’s not to suggest the public is fond of Republicans.”

“We have the worst inflation in four decades, the worst collapse in real wages in 40 years, the worst crime wave since the 1990s, the worst border crisis in U.S. history, we have Joe Biden who is the least popular president … since presidential polling happened,” Washington Post columnist Marc Thiessen explained on Fox News, “and there wasn’t a red wave.”

Barely a ripple.

Voters, he continued. “looked at all of that and looked at the Republican alternative and said, ‘No, thanks!’”

Calling it “an absolute disaster,” Thiessen advised the GOP to do a “a really deep introspective look in the mirror right now.”

Watch for cracks.

More than the abortion issue or the mixed blessing of Mr. Trump’s omnipresence, I think the GOP’s problem was the lack of any serious, cohesive and positive agenda. We are indeed facing massive inflation, crime, cultural revolution … but what are you going do ’bout it?

Answers aren’t coming from the Republican Party.

In last year’s red wave across my home state of Virginia, it wasn’t now-​Governor Glenn Younkin who made respecting the rights of the parents of public education students a cataclysmic issue. Parents did that.

The Republican Revolution of 1994 rode a tsunami produced in no small part by the term limits movement. With term limits measures on the ballot throughout the country, the GOP gained 52 seats to secure a majority after 40 consecutive years in the minority — even defeating the Democratic House Speaker. 

Want candidates to ride a popular, pro-​freedom wave? 

Better start splashing.

This is Common Sense. I’m Paul Jacob.


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election law Voting

Following the Law

It’s official.

Well, it was already official because it was Pennsylvania law. And because the U.S. Supreme Court had confirmed it.

What is it? Election officials may not count mail-​in ballots that are undated or incorrectly dated.

Official, yes, but now even more official.

On November 1, a week before the election, the Pennsylvania Supreme Court ruled that yes, election officials must follow Pennsylvania election law that says you can’t count undated or incorrectly dated ballots.

A voter who mails in a ballot is obliged to sign and date the outer envelope before sending it off. The court orders election officials to “refrain from counting any absentee and mail-​in ballots received for the November 8, 2022, general election that are contained in undated or incorrectly dated outer envelopes.”

The ruling was issued in response to litigation initiated by the Republican Party, which has launched a slew of lawsuits around the country to combat shady election practices.

The court’s clarification is important. A problem loomed over the upcoming election. Pennsylvania’s secretary of state had been giving the go-​ahead for officials to count ballots whether they’re dated properly or not … and to heck with election law and the SCOTUS. Until the ruling, county officials throughout Pennsylvania lacked consistent policies about how to handle bungled ballots.

Of course, when reasonable election rules are ignored, it’s easier to commit election fraud — notwithstanding the disingenuous claim advanced by some proponents of lackadaisical election procedures that fraud is either a vanishingly small problem or does not exist at all.

This is Common Sense. I’m Paul Jacob.


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initiative, referendum, and recall national politics & policies term limits

The Next Election

“If Tuesday’s vote sparks unrest,” a weekend Washington Post feature informed, “customers at Fortitude Ranch will be secure behind walls patrolled by armed guards.”

The Post highlighted a pricey survivalist “get away” in West Virginia and hyped for the rest of us “that violence could erupt, especially if the vote count drags on for days without a clear winner.”

Just as an aside, doesn’t it seem like we are getting less information about what happened yesterday and a lot more “news” about what is going to happen tomorrow? 

Anyway, I think we can trust each other. We’ve got to. Not on TV, but in real life. 

Part of that trust is believing that one election loss won’t alter all previous societal norms [cough: court-​packing]. Yes, elections have consequences, but in a free country, losing an election should not be a scary event. Look at me, I have only voted for one winning candidate in my entire life!!!*

Whatever happens tomorrow … or days or weeks later … don’t worry. You have rights and there shall be another election before too long. Right? 

Rights?

“Eternal vigilance” being the rule about defending basic things like rights, the next election will always be the most important.

Ballot measures in Arkansas, Florida and North Dakota are about the next election. 

Sadly, dangerously, they seek to make it much harder and more expensive for citizens to petition issues onto the state ballot and gain an up or down decision from the voters. That’s why Citizens in Charge is fighting to defeat all three.

Proponents shriek that wealthy out-​of-​state interests must be stopped from changing the state constitution, but not a single word in any of the three amendments even touches on out-​of-​state funding. Instead, each makes the process more cumbersome and expensive, undercutting grassroots groups while having little effect on moneyed interests.

In North Dakota, voters passed a reform measure in 2018 creating a state ethics commission. The ballot issue was funded by an out-​of-​state group, and thoroughly despised by state legislators … who referred Measure 2 to the ballot.

Measure 2 allows the legislature to veto a vote of the people for a constitutional amendment and require the vote to be held a second time. Beyond the ugly optics of politicians vetoing the people, it will make passing an initiative amendment much more costly — again empowering wealthier interests at the expense of the less well-heeled.

In Florida, a constitutional amendment already requires a 60-​percent supermajority vote. Amendment 4 would require the measure win a second time by that supermajority. In the nation’s third largest state, the expense of a second campaign weighs in favor of long-​term established political interests and against grassroots reform.

In Arkansas, Issue 2 seeks to further weaken the already weakened term limits and Issue 3 endeavors to wreck the petition process to block a future term limits initiative. Previously, I’ve explained the duo of amendments as the “Lifetime Politicians Ruin Christmas Amendments.” Today, a “Trojan” Horse travels Arkansas telling the tale

Which is critical because Arkansas legislators refused to clue-​in voters. The ballot titles that legislators placed on both measures tell voters precisely zero about the actual constitutional changes being voted upon. 

That our own representatives are attempting to knock out an important democratic check on themselves is not “the small stuff.”

We had better sweat it. 

And you can help Citizens in Charge fight back. It’s too late to do more toward tomorrow’s votes in Arkansas, Florida and North Dakota. With earned (free) media work and a shoestring budget of Facebook ads, we got our message out in all three states and have a shot to defeat each one.

Help us fight the new bills we know are coming as legislative sessions begin in January. Support our work with activists in Arkansas and North Dakota fighting Issue 3 and Measure 2, respectively, as they go on offense to demand change — perhaps by initiative.

Good luck to America tomorrow, but the campaign to prevent critical grassroots democratic checks from being hobbled and chopped and blocked continues. Because there is another election in 2022.

This is Common Sense. I’m Paul Jacob.


* And I still regret it. Who was it? Well, ours are secret ballots, but I will fully disclose the sordid details in the first three minutes of my podcast this weekend.

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judiciary national politics & policies

Biden’s Court-​Packing Scheme

Hold on! What scheme am I talking about?

Joe Biden hasn’t said that he agrees with other Democrats (including former Democratic presidential candidates) who propose that the U.S. Congress act to dramatically expand the number of U.S. Supreme Court justices.

Joe Biden hasn’t said that at all. 

In his first and so-​far-​only debate with President Trump he refused to say, because if he did then that would become the issue.

“The issue is the American people should speak,” he said, and then turned to the camera. “You should go out and vote. … Vote and let your senators know how strongly you feel. Vote now. Make sure you in fact let people know.”

Know what, precisely? To vote to allow a Democratic administration to seize control of the Court, overcoming any constitutional objections to his (or her) socialist schemes?

But then Biden turned against the voters, when asked on Friday, whether voters deserve to know where he stands on court-​packing: “No, they don’t deserve” to know. “I’m not going to play his [Trump’s] game. . . .”

So, officially, we “don’t know” whether Biden supports packing the High Court the way FDR tried in 1937.

Do voters deserve better from Biden? 

They do not! 

O, those voters — always demanding to know positions and agendas and things. Playing right into the hands of the opposition. 

Come on, man! Ya gotta vote for the guy to know what’s in him.

I know what’s on your mind. You’re asking, “Are you saying that Joe Biden’s coy covertness toward the imposition of one-​party authoritarian government exemplifies a crude disdain for voters’ legitimate desire to know what their vote will get them and is even more disqualifying than his stealth court-​packing scheme?”

Please. Don’t put words in my mouth.

This is Common Sense. I’m Paul Jacob.


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ballot access crime and punishment

Harvest Season

Democrats say Trump is going to steal the election. But what if they are “projecting”? Politics has gotten so nasty that you wouldn’t be a cynic to express no surprise at stories like these: 

  1. Project Veritas uncovered a “ballot harvesting” scam in Representative Ilhan Omar’s Minneapolis district, implicating, it seems, Omar (D‑Minn.) herself; and 
  2. Formal accusations against a Biden campaign official, and others, for a similar scheme in Texas.

The Minnesota story is juicy; the Project Veritas video speaks for itself.

But in Texas? “Two private investigators, including a former FBI agent and former police officer, testify under oath that they have video evidence, documentation and witnesses to prove that Biden’s Texas Political Director Dallas Jones and his cohorts are currently hoarding mail-​in and absentee ballots and ordering operatives to fill the ballots out for people illegally, including for dead people, homeless people, and nursing home residents in the 2020 presidential election.” That, courtesy of the industrious Patrick Howley, in the thick of the investigation.

“Witnesses have shown me,” the former FBI agent testifies, “how the ballot harvesters take absentee ballots from the elderly in nursing homes, from the homeless, and from unsuspecting residences’ mailboxes. The ballot harvesters then complete the ballots for their preferred candidate and forge the signature of the ‘voter.’” 

Several Biden campaign workers and two Harris County bureaucrats are implicated. It will be interesting to see if these accusations lead to charges.

And how many similar stories will emerge elsewhere.

Folks can argue about how much voter fraud happens, but when we find it, let’s act.

This is Common Sense. I’m Paul Jacob.


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