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election law First Amendment rights incumbents insider corruption

El-Sayed vs. The Money

“Money out of politics, money in your pocket, Medicare for All” — so runs the campaign slogan of Abdul El-Sayed, who last week won Michigan’s Democratic Party nomination for the open U.S. Senate seat now held by Democrat Gary Peters.

Dr. El-Sayed, an epidemiologist, ran unsuccessfully for governor in 2018, later heading Wayne County’s Department of Health, Human, and Veterans Services for a few years. He calls himself a progressive, but a “capitalist” one, not a socialist. Yet, seeking a national office, his national fellow travelers are Vermont Sen. Bernie Sanders, Massachusetts Senator Elizabeth Warren, U.S. Reps. Alexandria Ocasio-Cortez and Michigan’s own Rashida Talib and, last-but-not-least, the Democratic Socialists of America.

Today, let’s take the first phrase of his slogan: Money out of politics. 

Creating small legislative districts would go a long way toward making outsized campaign spending less effective. Of course, term limits would diminish the value to a special interest of “capturing” an elected official. And limit the threat of politicians forever shaking down interests, special or not. 

But that’s not the game plan of Abdul and progressives and, for many years now, congressional Democrats. 

Instead, they want to re-write the First Amendment, reversing it from “Congress shall make no law . . . abridging freedom of speech” to Congress shall have power to regulate the raising and spending of money insofar as it relates to campaigning. 

So far, Congress has legislated a Byzantine regulatory regime that serves only to make politics more expensive. The public benefit? Corruption diminished at all? Anyone? 

Allowing career politicians to dictate who can raise or spend money (even in the incumbents’ very own election campaigns) and without regard to whether it silences voices — how is that progress?

If you want to tear down the whole idea of America, this version of getting “money out of politics” is one big rip.

This is Common Sense. I’m Paul Jacob.


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initiative, referendum, and recall

Official Ballot Lies

With Republicans controlling most state legislatures, legislative assaults against the citizen initiative petition process tend to come disproportionally from Republicans. Just last week, Missouri voters smashed a legislative initiative petition “reform” on the primary ballot with greater than 80 percent voting NO.

In Democratic controlled states, however, attempts to thwart democracy bear Democrats’ fingerprints. A Wall Street Journal editorial recounts cases in California, Colorado and Washington where citizen petitions have been or are being deep-sixed on dubious legal grounds.

“In 2023 California Gov. Gavin Newsom sued to block a citizen initiative that sought to require a two-thirds vote of the Legislature and vote of the people for major fee and tax increases such as the cap-and-tax program,” the paper explains. Let’s vote! 

But the California Supreme Court labeled the measure a “constitutional revision” preventing a vote of the people.

Colorado Democrats have been hiking fees, rather than taxes, because their constitution requires a public vote to raise taxes. Citizens petitioned a measure onto this November’s ballot to more clearly define fees and require a vote to hike them. 

Colorado’s all-Democrat appointed Supreme Court blocked a vote, arguing there was “a danger of log rolling because it may attract a ‘yes’ vote from voters who support statewide voter approval of fees, but who would not support narrowing the definition of existing and new fees under Colorado law.”

In Washington state, Democrats passed a 9.9% tax on income above $1 million. Then, voters “launched a ballot campaign to repeal the tax and bar the state and localities from enacting income taxes in the future,” The Journal reports. “The initiative qualified for the November ballot [last] month.”

Now, through a new law passed by the Democrats, the attorney general is required to place this specific language on the ballot after a short summary of the proposal: “This measure would decrease funding for public K-12 education, higher education (including universities and community colleges), and human services (primarily healthcare).”

Yet, the ballot measure would repeal a tax that hasn’t yet begun collecting money — no cuts would ensue. Moreover, even if spending reductions had been required, the legislature would be free to make cuts in other programs and not these three areas. 

So, the mandated language put to voters on their ballot? A lie. 

This is Common Sense. I’m Paul Jacob.


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election law national politics & policies Voting

A Plan to Fix Our Elections

I wasn’t the biggest fan of the late former President Jimmy Carter. But his plan for voter ID has my vote.

I refer to the idea he defended in 2005, viewable in a video clip that’s been making the rounds lately.

The clip is from a C-SPAN broadcast of a hearing about federal election reform focusing on the Carter-Baker Commission Final Report. This report was the product of years of investigating how to fix problems in the U.S. election system highlighted by the nerve-racking Bush-Gore presidential contest in 2000.

In addition to voter ID, the report advocates other efforts to combat fraud, including auditable paper backups of electronic votes.

In the clip, Carter says that we should “have some form of photo ID required, photo ID. . . . [It would include] some very careful constraints to prevent abuse. For instance, these photo ID cards will be free.

“There’ll be a wide distribution of them. The states will be required to go around the state to issue these photo ID cards to as many people as possible, which would be a good system just for recruiting new voters. This will be very important. And so this will be, I think, a move forward in getting more people to vote. It will not restrict people from voting. It’ll be uniformly applied throughout the country. And it will be nondiscriminatory.”

Too bad Carter didn’t live to see universal implementation of the ID requirement that he proposed. It’s something we desperately need.

This is Common Sense. I’m Paul Jacob.


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election law

Your Fraudulent Vote Counts

Give it to ABC News host Jonathan Karl!

On This Week Without George Stephanopoulos, Karl asked U.S. Senator Mark Warner of Virginia not about the entirety of the SAVE Act but “very narrowly” about photo ID to vote, which Americans of both parties strongly favor. 

“You know what?” the senator responded. “In Virginia, we have voter I.D. and photo I.D.” 

“That’s actually not the case,” Karl corrected. “I mean, I’m a Virginia voter. You don’t need to show a photo I.D. in Virginia. There are a wide range of things you can show for I.D., and if you don’t show one of those, you can sign an affidavit, saying —”

“You can sign an affidavit,” Warner repeated. “Those become ballots that, if you want to contest later, can be contested. But . . . we have voter I.D. of one form or another.”*

My senator is mistaken. Those ballots cannot later be contested; they count. Even if you prosecute folks for fraudulently signing the form, their ballots would still not be identifiable . . . and therefore, not contestable.

While it is a felony to falsely sign the ID Confirmation Statement, there is no one checking.

The same process exists in Michigan, where I’m involved in a ballot initiative to require voter ID. The question “Do I need an ID?” is posed for voters at the Michigan Secretary of State’s website. 

“You will be asked to show ID when you check in to vote,” explains the SOS, adding in bold type: “If you don’t have one, you can still vote.

“If this happens, expect a poll worker to ask you to sign a form before you vote that explains you didn’t have an ID. Your ballot will be included with all others and counted.”

How “political”: a Voter ID requirement that doesn’t require ID. 

This is Common Sense. I’m Paul Jacob.


* Fox News reports that per ID in Virginia “acceptable forms include voter confirmation documents, utility bills, bank statements, government checks and paychecks, which do not need to include a photograph. A voter without acceptable identification can sign an ID Confirmation Statement under felony penalties and cast a regular ballot.” The story helpfully provides a link to the Virginia statute in question.

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election law fraud national politics & policies Voting

Truth Be Told

President Donald Trump told a prime-time national audience, last week, that the Department of Homeland Security found 278,000 noncitizens on state voter rolls after checking roughly half the states. 

“It’s a number,” as my old boss says.

The Washington Post called it “an exaggerated claim that noncitizens are registering to vote en masse.” No, noncitizens are not really registering to vote so much as being registered — without their knowledge or understanding through deliberate government policy that pretends it’s pro-democracy to throw folks on the voter list who are not legally entitled to vote.

Not that there aren’t cases of fraud. There are. But I trust the good intentions of the average non-citizen more than the intentions of the politicians in states regularly facilitating their voter registrations.

Which, incidentally, can undermine an immigrant’s ability to gain U.S. citizenship. 

Fully 250,000 of that aforementioned total were found in just four states: California, Nevada, New Jersey, and Pennsylvania. The other roughly 28,000 noncitizens were discovered on the rolls in “two dozen or so states” by running those voter files against the federal Systematic Alien Verification for Entitlements database.

Of course, some of these 278,000 identified will likely turn out to be citizens. Some will turn out to be pets. Data is sometimes incorrect. Mistakes happen. But let’s find out. 

In a sensible country, every state would (1) check its voter file against the federal SAVE database (and other data at DHS and the State Department), (2) institute a sensible, respectful and lawful process to check with voters so identified to clarify the facts, and then, (3) follow the law to remove each illegal registrant.

Instead of merely arguing about the extent and severity of the problem, why not just solve it? 

This is Common Sense. I’m Paul Jacob. 


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ideological culture national politics & policies political challengers

The Kill Western Civilization Caucus

“These are not social democrats,” President Trump declared on Truth Social. “These are hardcore, godless communists.”

Unfortunately, the president is on target. 

He was referring to the three members of the Democratic Socialists of America who won Democratic Party primaries last week in deep-blue New York City congressional districts.

November’s General Election being a mere formality in the Big Apple, the trio will undoubtedly be joining the next Congress. All three — State Assemblywoman Claire Valdez (NY-7), former City Comptroller Brad Lander (NY-10), and professional “left-wing activist” Darializa Avila Chevalier (NY-13) — were endorsed and assisted by Mayor Zohran Mamdani.

They’ll be just three out of 435 members of Congress, while the mayor is in a position to do more harm. Still, sprinkling a few Stalinists into Washington’s brew won’t help. 

Darializa Avila Chevalier worries me the most. Before launching her political campaign, CNN reports that she deleted “thousands of posts and reposts expressing support for abolishing police, prisons and borders, as well as seizing private property and nationalizing major industries and calling into question Israel’s right to exist.”

Her pursuit of a surely democratic-no-doubt-benevolent dictatorship of the proletariat to, you know, seize the means of production is . . . mighty concerning. What’s worse, however, is her hatred. 

Of America. 

In a 2019 tweet, Chevalier posted a smiley face emoji to say loud and proud: “I forgot to get napkins so I just wiped my hand on the American flag behind me.” 

“We are Westerners fighting for the total eradication of Western civilization,” explained a group she co-founded, Columbia University Apartheid Divest (CUAD). 

Shouldn’t we take them at their word?

This is Common Sense. I’m Paul Jacob.


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election law Voting

Who & What in LA?

Last week, the Los Angeles City Council voted to place a charter amendment on the November 3 ballot to facilitate giving noncitizens a vote in city elections.

“The measure, introduced by Councilmember Hugo Soto-Martínez, will give immigrants who live, work, pay taxes and raise families in Los Angeles a voice in decisions that directly affect their lives,” The New York Post reported.

Of course, “immigrants” who have become United States citizens already have the vote; this effort is about giving voting rights to immigrants who have not become citizens.

“I believe it’s a simple principle that should guide us: If you live in the city, contribute to the city, raise your family in the city and are impacted by the decisions made in the city, you deserve to have a voice in the city,” Soto-Martínez said.

First, citizen or not, the First Amendment gives everyone a voice. 

Just not necessarily a vote.

Second, these suggested criteria by which non-citizens will gain the vote are simply made-up talking points, not part of the law at all. You don’t have to “work” to be eligible to vote. Nor must one bear children and rear them in LA to qualify. Lastly, no, you don’t have to be a net taxpayer, either.*

“The amendment would modify the city charter so that the council can later adopt an ordinance authorizing eligible noncitizens to vote in municipal contests,” explained Daily49er.com. Who would be “eligible”? Those in the country illegally, as in San Francisco and Oakland?

Worst of all, voters could know the answers to those questions only after they decide to give the city council the power to expand the electorate — to whatever part of LA’s over 680,000 noncitizens it settles upon.

This is Common Sense. I’m Paul Jacob.


* Plus, as standards go, “impacted by the decisions made in the city” is true for anyone who ever drives through Los Angeles. Will license plate readers be used to track down those motorists traveling through to send them mail-in ballots instead of photo enforced speeding tickets?

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national politics & policies partisanship

King & Kingslayer

Two weeks ago, five incumbent Indiana state senators “weren’t just defeated,” as NBC’s Steve Kornacki explained, “they were defeated in landslides.” 

The five had bucked President Trump’s call to redraw the state’s congressional map, blocking the creation of two additional Republican-leaning districts and drawing the ire of the president and his supporters, who got behind their opponents. 

On Saturday in Louisiana, Sen. Bill Cassidy, a 12-year Republican incumbent, became the first elected U.S. Senator to lose in a primary since 2012. Again, Dr. Cassidy wasn’t simply eclipsed by a challenger; he came in a distant third place with less than 25 percent of the vote. Cassidy was one of seven GOP Senators who found Mr. Trump guilty in his second impeachment trial, following the U.S. Capitol riot on January 6, 2021.*

I cannot recall a president of either party ever wielding so much electoral clout within his own party — perhaps partly because other presidents did not attempt to reshape their party as aggressively as Trump has, and partly because no president has enjoyed the outsider status required to mobilize the disgruntled grassroots.

Today, Kentucky’s Republican Primary offers another stop on what the media has dubbed “Trump’s revenge tour.” The Bluegrass State’s 4th congressional district sports 14-year incumbent Rep. Thomas Massie facing Trump-endorsed challenger Ed Gallrein, a businessman and former Navy SEAL, in “the most expensive House primary on record.” 

President Trump called Massie “a third rate Grandstander” in 2020 but then endorsed Massie in 2022. After Massie’s opposition to the “Big Beautiful Bill,” the Iran War, tariffs, and support for releasing the Epstein files, Trump has gone after him.

Latest polling shows “the race to be evenly deadlocked,” but if anyone can withstand the Trump onslaught, it may be Massie . . . who is so thoroughly not a Washington insider.

This is Common Sense. I’m Paul Jacob. 


* Of the other six U.S. Senate Republicans, four chose not to seek reelection (Sasse, Neb.; Burr, N.C.; Toomey, Penn.; Romney, Utah), while Alaska Senator Lisa Murkowski won re-election in 2022, and Senator Susan Collins of Maine is on this November’s ballot.

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election law U.S. Constitution Voting

Expanding the Electorate

Who should vote? Ought we expand the electorate? 

To everyone . . . on the planet?

Do folks from other countries, who have come to America, legally or not, and reside in a community for 30 days, have a right to vote?

Well, they do under a crazy law in our nation’s capital. Even the ambassadors and embassy workers (and spies) that China and Russia send to represent their regimes, could, if they so desired, register and vote for the next mayor, city council-member and ballot measure in the federal capital . . . if those foreign nationals have been here (working for another country) for 30 days. 

The far-left-of-sanity Democrats on the D.C. City Council passed it — without a popular vote. 

At least in Los Angeles there will be a public vote — should the push by Democratic Socialists of America-backed Democrats on that City Council advance a measure to allow noncitizens in L.A., legally or not, to vote in local elections. 

Citizenship seems a wiser qualifier at all levels of government.*

“Federal law prohibits noncitizens from voting in federal elections,” The Los Angeles Times reports. “However, states are allowed to set their own local and statewide election rules.”

Note that The Times does not inform readers that states, such as California, determine who is qualified to vote in federal elections in those states. Were California to allow noncitizens to vote in its state legislative elections — not too giant a leap from noncitizen voting in L.A. and San Francisco — those noncitizens would be legally qualified to vote for California’s representatives in Congress and the U.S. Senate. 

The U.S. Constitution’s “Qualifications Clause” is clear.

This state “loophole” is something worth closing through Florida Rep. Laurel Lee’s constitutional amendment

Locally, statewide, nationally: let the people decide.

This is Common Sense. I’m Paul Jacob. 


* I serve as chairman of Americans for Citizen Voting. We have worked to pass Citizen Only Voting constitutional amendments in 15 states and to place these measures on six more state ballots this November. We now ask Congress to consider and propose a federal constitutional amendment, HJR 152, the U.S. Citizens Vote Amendment.


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representation

What We Want and How to Get It

British-American philosopher Mick Jagger put it best: “You can’t always get what you want.”

A universal verity.

But what about a sadder situation? “You must always get what you don’t want.”

Only the deepest pessimist thinks this pertains to our lives, our “lived experience” in even these our mixed-up times. But it does apply to one huge domain of life: our representation in Congress.

Or so says Stephen Erickson. “The American people consistently rank career politicians among the least trustworthy professions. At the same time, professional politicians are supposed to represent us, and they have more power over our lives than any other profession.”

I don’t think this needs to be argued. Though Mr. Erickson does cite evidence, the thesis hardly needs massive data sets. Or British-American philosophers. So what to do? Erickson, being a practical man, takes the bull by the bumps on its head, two of them:

“First, we need to show how representative democracy might work without professional politicians.” The basic proposal is to “Reduce all local electoral districts to no more than 10,000 residents” where “every district becomes walkable and winnable with handshakes, flyers and yard signs.” This would work because small districts turn politics into “personal reputations and relationships, not money and marketing. Special interests therefore lose their influence.”

His second show-and-tell is “a realistic path forward.” That path lies with “the citizens’ initiative and referendum.”

As readers of this column know, my support for this more direct approach is both long-standing and thorough-going. The initiative process is the only decent process for serious reforms of our representative system because our representatives will block serious reform otherwise. 

Please read Stephen Erickson’s essay, “How to Eliminate Politics as a Profession.”

No one wants to be their Beast of Burden.

This is Common Sense. I’m Paul Jacob.


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