Tag: votes

Election Challenge Criminalized?

Post author By Redactor
Post date August 18, 2023
6 Comments on Election Challenge Criminalized?

Trump, election, indictment, votes, legitimacy

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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Tags democracy, election, Trump, votes

Accountability ballot access general freedom government transparency initiative, referendum, and recall local leaders moral hazard

Fear of Voters

Oklahoma, votes, democracy, initiative, marijuana, State Rep. John Enns, ballot

You are a state legislator, say. And an issue could be placed on the ballot on which a majority of your state’s citizens might not vote according to your preference. What would you do?

Educate your fellow citizens on the merits of your position; or
Dawdle while calling a lobbyist for advice; or
Change the constitution to make it impossible for such a vote to ever be held?

State Rep. John Enns chose option C — perhaps after exhausting B. Stamping out Oklahoma’s ballot initiative process, freeing Enns and other legislators from this citizen check at the ballot box, is the essence of his House Bill 1603.

The Sooner State already possessed the toughest petition requirements in the country. Supporters must gain the country’s highest percentage of voter support (15 percent) while limited to the second shortest time period (90 days) to circulate petitions.

On top of this current statewide slog, Enns’ constitutional amendment would require also qualifying in every single county. Oklahoma has 77 counties.

As the Tulsa World editorialized, “he wants to make it impossible.”

What lousy rationale lies behind Enns’ desire to destroy democratic governance?

In response to another legislator’s query about his “fear that some marijuana bill will . . . become a state [ballot] question,” Enns claimed his effort was “not pre-emptive.” But he acknowledged his strong opposition to legalizing recreational marijuana, which he pointed out “had been done through initiative petition” in other states.

Enns is afraid of Oklahoma voters having their say. He should be.*

This is Common Sense. I’m Paul Jacob.

* I mean, of course, that Rep. Enns should fear being booted out of office on his keister. He should not have to fear physical reprisal. The Tulsa World reports that the Oklahoma Highway Patrol is now providing security to Enns, after a death threat was received related to his HB 1603.

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Tags ballot, democracy, initiative, marijuana, oklahoma, State Rep. John Enns, votes

ballot access folly general freedom government transparency national politics & policies political challengers

Trumping Popular Vote?

Donald Trump, president, landslide, election, votes, popular, electoral college

A friend, who loves to talk football, sometimes boasts that his team “crushed” the other team, gaining more yards and rolling up more first downs, before dejectedly acknowledging that his team didn’t score as many points as its opponent. They lost.

When a Democrat gloats that Donald Trump lost the popular vote, I am reminded of my friend’s funny football foible.

It helps to gain yards in football, sure, just as it helps to gain votes in a presidential contest. But you win a game by putting the most points on the scoreboard, just as you’re elected president by winning a majority in the Electoral College.

Going forward, we can discuss whether a state’s votes should be awarded proportionally or winner-take-all and whether national popular vote should instead be the metric for victory. But the 2016 rules were the rules.

“I would’ve won the popular vote if I was campaigning for the popular vote,” President Trump told ABC News anchor David Muir this week. “I would’ve gone to California, where I didn’t go at all.”

Still, Mr. Trump should appreciate that not only didn’t he garner a majority, he lost by 3 million votes to Hillary Clinton, who was well short of a majority, herself.

Trump continues to claim “a massive landslide” in the Electoral College. He may have “shocked the world,” but in 58 presidential elections thus far, 45 winners gained a greater percentage in the Electoral College.

Again this week, Pres. Trump repeated his belief that “millions of illegal votes” prevented him from winning the popular vote. Specific evidence? None. But he wants an investigation.

This could be a long four years.

This is Common Sense. I’m Paul Jacob.

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Tags Donald Trump, election, Electoral College, landslide, popular, president, votes

Accountability ballot access general freedom incumbents initiative, referendum, and recall national politics & policies political challengers responsibility too much government U.S. Constitution

Votes Without Poison

ranked choice, vote, voting, democracy, clown, illustration

Strange election. So . . . round up the usual suspects!

Immediately after Hillary dried her tears and conceded, out came the Tweets, then the analyses: the “third parties” are to blame!

Over the weekend, I focused* on one such election post-mortem. The basic idea is not altogether wrong: minor party efforts together may have cost the Democrat her Electoral College advantage this time around, just as Nader’s Green Party run spoiled Al Gore’s bid in 2000 and several past congressional races have been spoiled for the GOP by Libertarians.

Is there a problem here? Yes. But do not blame the minor party voters. It’s the way we count their votes that is “problematic.” The current ballot-and-count system turn voters most loyal to particular policy ideas into enemies of those very same ideas.

When we minor party voters turn away from a major party — usually because said party tends to corrupt or betray our ideas, or make only small steps toward our goals — our votes aren’t so much wasted as made poisonous.

Because the candidate least preferred may prevail.

But there’s a way out: On election day, voters in Maine showed how to cut through the Gordian Knot. Voting in approval for Question 5, Maine now establishes “ranked choice voting.”

Under this system, you don’t “waste” your vote when expressing a preference for a minor party candidate. You rank your choices and, if your first choice proves unpopular, your second choice (or maybe your third) gets counted. So you don’t “poison” your cause.

Republicans and Democrats have more than enough reason, now, to adopt ranked choice voting across the country.

This is Common Sense. I’m Paul Jacob.

* See yesterday’s links page to my weekend Townhall column for the basic references. But there were many, many articles on the Minor Party Effect, including a skeptical one by Sasha Volokh’s.