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crime and punishment election law general freedom

Free to Petition

In December 2020, True the Vote helped Georgians to file elector challenges “based on data showing over 364,000 voters appeared to be ineligible to vote due to change in residency.”

Section 21 – 2‑230 of Georgia Code Title 21 states that any elector “of the county or municipality may challenge the right of any other elector of the county or municipality, whose name appears on the list of electors, to vote in an election.”

Nevertheless, Fair Fight Action, the group founded by Stacey Abrams, sued True the Vote for allegedly intimidating voters.

That suit has now been thrown out.

In a 145-​page ruling, Judge Steve Jones questioned aspects of TTV’s strategy. But he concluded that “there is no evidence that Defendants’ actions caused (or attempted to cause) any voter to be intimidated, coerced, or threatened in voting.”

According to True the Vote attorney Jake Evans, the decision “establishes that eligibility challenges under Section 230 are a proper method to ensure voter rolls are accurate.”

In a formal statement, True the Vote said that the court has “affirmed that citizens have the right to lawfully petition their government in support of election integrity without fear of persecution or prosecution.”

Critics of the decision bemoan the encouragement that it will give to organizations seeking to expose voter fraud. And the problem is … ? 

It’s not as if filing a challenge under 230 guarantees success; a board of registrars must still determine whether the challenge is valid. Besides, fighting actual ballot fraud is not an attack upon democracy, but a shoring up.

This is Common Sense. I’m Paul Jacob.


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Categories
ballot access partisanship

Sore Losers Lumped

“[R]ight now,” Georgia Secretary of State Brad Raffensperger expressed to Margaret Brennan, host of CBS’s Face the Nation, last Sunday, “we need to restore trust wherever we can.”

Having “stood up to” pressure from President Trump after the 2020 election, and now persona-​non-​grata in his own party, Raffensperger has become a popular guest on progressives’ legacy media … though, not always providing the soundbites they crave. 

“In Georgia, we’ve been fighting this — this theme of, you know, stolen election claims — from Stacey Abrams about voter suppression [in 2018], and then 2020 it was about voter fraud,” explained the secretary. 

“Both of them undermine voter trust.”

“They may both undermine voter trust,” Brennan quickly countered, “but I’m sure you draw a distinction between someone who doesn’t hold any kind of office and the president of the United States actively putting pressure on you to find and manufacture votes. They’re not equivalent,” she added.

Raffensperger acknowledged that the president’s “positional power is just much higher than a candidate running for governor. But be that as it may,” he continued, “when people lose races, I think the proper thing to do is admit that you lose. And if you want to run again, by all means do so.”

Partisans will debate whether Abrams’ claims of voter suppression are more right or wrong, defensible or incredible, honest or dishonest than Trump’s charges of vote fraud. But both have been blindly accepted not only by their own political side, but by the rah-​rah crowd in the respective partisan corners — er, halves — of the media as well.

Leaving other elected officials to grab their midnight trains to somewhere else, the lonely Georgia Secretary of State stands his ground, making a non-​partisan, principled point.

This is Common Sense. I’m Paul Jacob. 


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Categories
crime and punishment education and schooling

Arrested Development

Former Atlanta schools superintendent Beverly Hall and 34 other school employees, including high-​level administrators, principals and teachers, were recently booked in Atlanta’s Fulton County Jail after being indicted on 65 criminal counts. The charges included racketeering, theft, conspiracy, making false statements and witness tampering.

Just four years ago, Hall was the National Superintendent of the Year. Now, she faces 45 years in prison for having allegedly snagged almost $600,000 in bonus income for higher test scores achieved through fraudulently changing students’ test answers.

And this, the nation’s largest-​ever cheating scandal, may prove only the highest shard of a proverbial large floating mass of frozen water.

But instead of condemnation, some of the nation’s leading “education experts” seem bent on excusing the cheaters.

“What we do know,” Washington Post education writer Valerie Strauss pointed out, “is that these cheating scandals have been a result of test-​obsessed school reform.”

Dr. Christopher Emdin of Columbia University Teachers College reminded readers at the end of a recent Huffington Post column, “I am not saying that educators and school officials who cheat on tests or conspire to cover up cheating should not be reprimanded.”

Just “reprimanded”?

Award-​winning teacher Steven Lin explained  that “environments such as that alleged in Atlanta present the classic sociological phenomenon of ‘diffusion of responsibility,’ along with a host of other flaws regarding the compartmentalization of job descriptions within bureaucracies.”

You mean they suffer from “peer pressure”?

Nevertheless, I still think it’s more than sorta bad to cheat.

And I agree wholeheartedly with the “controversial” remark by George Washington University Dean Michael Feuer: “It’s not the test that made them cheat.”

This is Common Sense. I’m Paul Jacob.

Categories
First Amendment rights U.S. Constitution

Earnest Umbrage Goes Indecent

You’ve probably seen Hillary Clinton in a bikini.

She didn’t pose for that famous photo. No paparazzo snapped it. It was constructed in Photoshop, with her head placed on a somewhat more buxom model’s body. It was a joke.

I’m not sure I “get” the joke completely. Sure, take the Pompous Pol and turn her into a pinup. But, still.

Also not very funny was the recent Photoshopping of Georgia State Rep. Earnest Smith’s head onto the body of a porn star. Andre Walker did the work, as he confessed on Monday. “Rep. Earnest Smith Shows His Thin Skin, Says I Have No Right to Make Fun of Him,” Walker amusingly titled his Georgia Politics Unfiltered piece. The picture? Less amusing.

But de gustibus non est disputandum and all that.

It’s not as if the political mockery that the Founding Fathers engaged in was nice, or even decent.

Well, sooner than you can say “Alien and Sedition Act,” Rep. Smith co-​sponsored a bill, HB 39, to make Photoshopping politicians onto nude or indecently photographed bodies a misdemeanor, subject to a $1000 fine.

Earnest Smith summed up his case with PC sanctimony:

No one has a right to make fun of anyone. You have a right to speak, but no one has a right to disparage another person. It’s not a First Amendment right.

He couldn’t be more wrong. The Supreme Court has famously come down on the side of making fun of politicians.

Legislators’ biggest problem is that they want to legislate, even where inappropriate. Maybe they should mandate tests in constitutional law before they are allowed to represent us.

Or perhaps “Earnest” should take a lesson in Irony. Or in “lightening up.”

This is Common Sense. I’m Paul Jacob