Tag: voting

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election law general freedom Voting

Jugglers & Clowns

immigration, voting, democracy, rigged election

“Shall the City of Santa Ana City Charter be amended to allow … noncitizen City residents, including those who are taxpayers and parents, to vote in all City of Santa Ana municipal elections?”

In November, this question about voting will be presented to voters. 

It is true that noncitizens in the city include both “taxpayers and parents,” of course. Still, by this same logic, why not change the ballot language to read “including the childless and the destitute”? Those noncitizens would also get to vote. 

Or get away from one’s tax status and childbirth proclivities altogether and change the wording to “including those who speak French and drink coffee.” Or maybe voters could be made aware that noncitizens will include “shopaholics and known thespians.”

All these statements are the truth and nothing but the truth. How could anyone object?

But object they did. Opponents of the measure filed suit, asking a California court to strike the “taxpayers and parents” wording from the ballot — as prejudicial in favor of the change. 

The court agreed, ordering the city to remove that language “sugarcoating” the proposition. 

But the city refuses (I didn’t know cities could tell courts No!*) and is keeping its current biased language to push a Yes vote on the proposition. 

Rule of law be damned.

My last suggestion to Santa Ana officials is to edit the wording after noncitizens to say, “including jugglers and clowns.” No, wait — that particular identification might be confusing, since it applies far less to noncitizens than to Santa Ana’s city council.

This is Common Sense. I’m Paul Jacob. 

* Unusual, indeed, for a local government to ignore a court order. It likely means the proposition, even if passed, will ultimately be blocked in court as improperly enacted. 

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media and media people national politics & policies Voting

The Non-​Citizen Dodge

After telling Meet the Press viewers that non-​citizen voting is “exceedingly rare” and “already against the law,” NBC’s Kristen Welker asked Georgia Secretary of State Brad Raffensperger what he thought about “efforts to prevent non-​citizens from voting.”

“I believe only American citizens should be voting in our elections,” replied Raffensperger. “I’m the first secretary of state in Georgia to ever do 100 percent citizenship verification,” adding that Georgia officials discovered “about 1600 people that attempted to register, but we couldn’t verify citizenship, so they weren’t put on the voter rolls.”

The Secretary also explained that his office “just won a court case which came from the left, the Coalition of the People’s Agenda and the New Georgia Project, which was founded by Stacey Abrams.”* Raffensperger points out that the lawsuit “tried to stop us from doing citizenship verification before people were put on the voter rolls.”

“Good news, good news for everyone,” Michigan Secretary of State Jocelyn Benson chided, dismissively. “All of us want to make sure only U.S. citizens are voting in our elections. And all of us follow the law, ensure the federal provisions are protected, and that we’re ensuring that only valid votes are counted in our state.”

Democrat Benson reiterated that “regardless of our party affiliation, we’re doing all that we can and more to ensure, as the facts show, in all of our states, that only U.S. citizens are voting.”

“What you just said there was ‘federal provisions,’” responded Raffensperger, noting that non-​citizens have been given the vote — legally — at the local level in a number of states. 

He argued that states should place in their constitutions “that only American citizens are voting in any election in your state.”**

Still, Welker inquired, “Is it a red herring?”

No, Raffensperger answered, arguing that “already there’s the left-​wing groups trying to get noncitizens voting in local elections in Washington, D.C., New York City and in other places.” And he asked, “Why are we getting sued by the left to stop us from doing citizenship verification?”

Many Democrats and much of the media continue to dodge such questions. 

This is Common Sense. I’m Paul Jacob. 

*In her first run for Governor, Abrams said her “blue wave” was “comprised of those who are documented and undocumented” and specifically acknowledged that she “wouldn’t oppose” allowing non-​citizens to vote at the local level. 

** Americans for Citizen Voting has worked closely with the Georgia Secretary of State to place such constitutional amendments on six state ballots this November: Idaho, Iowa, Kentucky, Missouri, South Carolina, and Wisconsin. North Carolina may soon become the seventh state to do so. 

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ballot access election law judiciary

A Done Decision

rock climber

We probably needn’t feel suspense about whether the Wisconsin Supreme Court will let certain sloppy voting practices continue.

The Wisconsin Institute for Law and Liberty and the chairman of the Racine County Republican Party filed a lawsuit alleging that Racine city officials illegally used a van to collect absentee ballots in 2022. A circuit court ruled that such mobile voting sites violate state law.

Now, “without allowing any lower appellate courts to rule first,” the state’s supreme court will decide whether the circuit court is right about that.

The high court voted 4 to 3 to accept the case. The three justices who opposed end-​running the appellate courts are conservative (read: Republican); the other four are liberal (read: Democrat).

The Democrat justices voted to take the case at the request of the Democratic National Committee, which leads a political party known to be a proponent of slapdash voting procedures, slapdashery that observers tend to agree favors Democrats.

Chief Justice Annette Ziegler, who is part of the conservative bloc, has stated that the “liberal” justices proceeded in this way in order to help the Democrats politically. Ziegler knows her “liberal” colleagues, and I guess they must be the sort of progressives who don’t make conscientious adherence to the law in the service of election integrity a top priority.

So I think what’s about to happen is more of a foregone conclusion than it is a cliffhanger.

We know how the court will decide — but wouldn’t we love a surprise ending?

This is Common Sense. I’m Paul Jacob.

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ballot access insider corruption partisanship

Words for Jersey Insiders

New Jersey, ballots, design, voters, partisans

Effrontery. Chutzpah. Impudence.

I’m of course talking about partisan politics.

The case at hand is covered by Matthew Petti at Reason, “Are New Jersey Voters Too Dumb for Normal Ballots?” In this April 3rd report, Petti explains that a “federal judge has ordered Democrats in New Jersey to draw up ballots fairly instead of putting their favorite candidates at the front. But state Democratic bosses think that voters can’t be trusted to figure out how to think for themselves.”

This is a dispute about ballot design. Remember the notorious “butterfly” ballots that so confused Palm Beach County, Florida voters in 2000? You know, even Pat Buchanan acknowledged that thousands in the liberal county voted for him by mistake. 

Well, this is similar, though here the case is not so much a confusing ballot but a simple ballot with favored candidates getting the easiest-​to-​spot slots. “All but two of the state’s counties endorse candidates for the primary and then place their endorsed candidates all in one line,” explains NPR’s Nancy Solomon. “It’s called the ‘county line’ or ‘the party line’ and it includes candidates for various positions.… The other candidates for the same seat are placed in what’s known as ballot Siberia – way off to the right on the ballot and all alone.”

But when the party machine tried to replace the serially indicted Senator Bob Menendez with the governor’s wife, a challenger complained. And sued. And won.

County clerks are appealing the decision — but the court still requires them to design a new ballot.

“New” … meaning like ballots nearly everywhere.

This is Common Sense. I’m Paul Jacob.

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More Is Less

citizen voting, democracy, elections, immigration, illegal

Jose Barrios was “quite happy to hear we’re going to have more democracy, not less in the District of Columbia.”

Barrios, the president of D.C. Latino Caucus, was reacting to a federal judge’s ruling to toss out the legal challenge, brought by several city voters, to the D.C. Noncitizen Voting Act.

That underlying law, passed by the DC City Council in 2022, certainly puts the “more” into democracy, allowing anyone residing in our nation’s capital for 30 days, even if in the country illegally, to legally vote for mayor, city council and local ballot measures. 

And I do mean “anyone.” China’s ambassador to the U.S. and other Chinese nationals working at their embassy are today eligible voters in Washington. Same for the FSB agents and other Russian nationals working out of their embassy. 

Federal Judge Amy Berman Jackson dismissed the lawsuit on the grounds that plaintiffs “were simply raising a generalized grievance.” She elaborated: “They may object as a matter of policy to the fact that immigrants get to vote at all, but their votes will not receive less weight or be treated differently than noncitizens’ votes.”

I object to her poor choice of terms. “Immigrants” have been voting in this country for the last century and hopefully always will: By becoming citizens. 

The judge’s ruling also highlights that who votes is a pretty fundamental constitutional question, one that voters should decide. 

Yesterday, Idaho’s legislature voted to place a Citizen Only Voting Amendment on this November’s ballot — joining Wisconsin, Iowa, and Kentucky, which have similar amendments on the ballot. 

Certainly, yes, bestowing the vote on foreign citizens residing in the city for 30 days is an expansion of democracy. But sometimes more is less.

So, let’s ask voters.

This is Common Sense. I’m Paul Jacob. 

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crime and punishment election law general freedom

Free to Petition

Georgia, voting, elections, verification, eligibility

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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