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election law national politics & policies Voting

Lost Their Bearings

“Washington, D.C. should have every right to set its own rules and policies, just as Vermont does,” argues Sen. Peter Welch (D-VT). “The micromanagement by congressional Republicans and Trump must end.”

First, the District of Columbia is not a state. Vermont is, if you’re playing at home. 

Second, Congress and the President have constitutional authority and responsibility for our nation’s capital. Article 1, Section 8, Clause 17 of the U.S. Constitution specifically empowers Congress “To exercise exclusive Legislation in all Cases whatsoever, over such District (not exceeding ten Miles square) as may, by Cession of particular States, and the Acceptance of Congress, become the Seat of Government of the United States . . .”

Sen. Welch’s comments above, from last week’s Washingtonian magazine article, were in defense of the noncitizen voting law passed by the D.C. City Council, which every Republican in the U.S. House — joined by 56 Democrats — voted to repeal. (Senate action awaits.) The Vermont senator was featured because three Vermont cities also allow noncitizens to vote.

I oppose the laws in those three Vermont cities as well as in our nation’s capital. But Washington, D.C.’s law is the worst. 

Why? It allows noncitizens in the country illegally to vote. It offers the vote even to foreign nationals working in the embassies of hostile powers. For instance, China’s and Russia’s ambassadors could decide who the next mayor is . . . or pass or defeat ballot measures. 

Make any sense? Not a lick.

One new local D.C. officeholder is Mónica López. She is not really a “noncitizen,” just a citizen of Mexico. And one of three non-U.S. citizens who were elected to Washington’s powerless neighborhood advisory council.

“It’s incredibly local,” López offers. “It has no bearing over anything federal.”

Really? None? She’s in a federal enclave, where the feds do their million-billion things, and what she’s up to has no bearing on it?

This is Common Sense. I’m Paul Jacob.


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election law term limits

Texas Range War

Fifty-one Democrats have left the Republic — er, State — of Texas.

Well, 51 Democratic state legislators have run past the border, all to prevent a redistricting scheme. They constitute a minority in the House, but without them a quorum cannot be reached. 

Think of it as a form of filibuster.

Or “voting with their feet.”

“Texas House Speaker Dustin Burrows announced that a quorum had not been met after roll call,” an Epoch Times article tells us, going on to say that “House members then approved a motion for the speaker to sign warrants ‘for the civil arrest’ of the members who said they would not be there.”

Since the fleeing pols are in other states, I don’t see how that can work out.

Meanwhile, New York Governor Kathy Hochul has taken her fellow Democrats’ side and said that she would re-district New York in favor of Democrats. “We’re not going to tolerate our democracy being stolen in a modern-day stagecoach heist,” she said, using a colorful metaphor.

Other Democratic states have fallen in line, upgrading the gerrymandering crisis from heist to feud.

Twenty-five years ago I wrote that “courts have struck down districts drawn to get a certain racial outcome, but have turned a blind eye to districts that arbitrarily favor one party over another. The solution to incumbents monopolizing our elections is term limits. But another key factor in promoting democracy is to stop the politicians from drawing rigged districts that squelch competition.”

Term limits sure would help, by de-stabilizing the “property rights” the two parties feel in their favored districts with old hands firmly tied to their estates.

It’s the wild, wild worst out there.

This is Common Sense. I’m Paul Jacob.


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election law

A Nothing in Michigan

It’s May in Michigan and Democrats have just “introduced their first pieces of legislation to respond to what they consider overly aggressive Republican proposals to improve election security,” Hayley Harding reports for VoteBeat.

Yes, the problem is those darn Republicans wanting too much election security too fast, doncha know.

“Michigan Democrats’ election proposals sidestep the noncitizen-voting issue for now,” was how the Michigan Advance headlined the article, in which Harding explains that “the package of bills under the Michigan Election Security Act won’t close the voter registration loopholes that may have allowed at least one noncitizen to cast a ballot that counted last year.” 

Oops! That one University of Michigan student, Haoxiang Gao, is a Chinese national, who didn’t show up for court; whereabouts currently unknown. 

Since that bombshell, another 15 cases have surfaced of noncitizens voting illegally last November. Nonetheless, Harding informs us that “the bills omit the measures Secretary of State Jocelyn Benson suggested in February as a way to prevent noncitizens from casting ballots in Michigan’s elections.”

Back then Benson “didn’t provide details of her proposal,” noted Harding, but mentioned “policies that enable us to track and retrieve” those votes “cast by voters who registered the same day as the election.”

“It could be provisional ballots, it could be additional verification or residency requirements in that moment,” the Secretary of State, now a candidate for governor (whose recent campaign announcement on state government property violated state law) offered reporters. 

Sure, her proposal could have been a lot of things.

Now we see, however, that it is nothing. 

This is Common Sense. I’m Paul Jacob. 


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election law Voting

Letting Noncitizens Vote?

“All of us want to make sure only U.S. citizens are voting in our elections,” Michigan Secretary of State Jocelyn Benson told NBC’s Meet the Press before last year’s election. She assured the national audience that she and other Secretaries of State were following the law and “ensuring that only valid votes are counted in our states. 

“We are 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.”

Problem is, Secretary Benson did not ensure that only U.S. citizens voted in Michigan. Under her stewardship, we now know that noncitizens did indeed vote. 

Last November, a Chinese student at the University of Michigan registered and voted. The reason we know this is that the foreign student apparently thought better of it and asked officials for his ballot back. 

Too late, though, for Haoxiang Gao’s vote had already been counted. Last week, Gao missed a court hearing and a bench warrant was issued for his arrest. (Will Beijing send him back to stand trial?)

Since that one, lone, incredibly rare, don’t-worry-your-pretty-little-head-about-it incident, officials have discovered another 15 votes cast by noncitizens. 

Also last week in Michigan, House Joint Resolution B was defeated. This measure would have clarified only citizens as eligible voters, requiring proof of citizenship to register to vote and photo ID to vote. Democrats, including Secretary Benson (now a candidate for governor), opposed it fiercely.  

Yet, you guessed it, something else happened last week: Americans for Citizen Voting-Michigan filed an initiative petition to place the Citizen Only Voting Amendment, passed overwhelmingly so far in 14 states, on the ballot in the Great Lakes State. Polling back in January showed 82 percent of likely voters favor the measure. 

“Leaving holes in the process that easily allow noncitizens to vote disenfranchises citizens,” said Kurt O’Keefe, the committee’s treasurer. “We need to make sure that only U.S. citizens can vote in our elections. This initiative does the job.”

This is Common Sense. I’m Paul Jacob. 


Note: I’m the national chairman of Americans for Citizen Voting. 

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Accountability Voting

The Five Million Fix

Thanks to its analyses of voter rolls and numerous lawsuits, Judicial Watch can now report that, over the last several years, about five million names have been struck from voter rolls in almost a dozen states and localities.

These names unlawfully appeared on the rolls because of invalid voter registrations, as validity is defined in the National Voter Registration Act Of 1993.

According to the Act, each application to register “must state each voter eligibility requirement (including citizenship), contain an attestation that the applicant meets each requirement, state the penalties provided by law for submission of a false voter registration application and require the signature of the applicant under penalty of perjury.”

Thanks to Judicial Watch, 735,000 ineligible names have been removed from Kentucky voter rolls since 2019; 918,139 ineligible names have been removed from New York City voter rolls since 2022; and over a million ineligible names have been removed from the voter rolls of Los Angeles County.

These efforts have also led to the removal of ineligible names from the voter rolls of Ohio, Pennsylvania, Colorado, North Carolina, and outside of LA in California.

It hasn’t always been smooth sailing for the organization. In Maryland, for example, the State Board of Elections promulgated a rule to criminalize the use of registration lists to investigate voter fraud. A district court ruled that the rule violated the law.

Voter fraud is a problem, and it hasn’t been fixed yet. Thanks to Judicial Watch for making a big dent.

This is Common Sense. I’m Paul Jacob.


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election law Voting

Trump to Save Elections?

“Election fraud,” said the president. “You’ve heard the term? This will end it, hopefully.” 

The “This” being an Executive Order dated March 25, 2025, entitled “Preserving and Protecting the Integrity of American Elections.”

Interestingly, the opening unfavorably compares the American ways of voting with foreign nations. 

“In tabulating votes, Germany and Canada require use of paper ballots  counted in public by local officials,” the order explains, “which substantially reduces the number of disputes as compared to the American patchwork of voting methods that can lead to basic chain-of-custody problems.” The document adds that “countries like Denmark and Sweden sensibly limit mail-in voting to those unable to vote in person and do not count late-arriving votes.”

“It is the policy of my Administration to enforce [2 U.S.C. 7 and 3 U.S.C. 1] and require that votes be cast and received by the election date established in law,” Trump’s order states.

Well, California might have to start reporting the results of congressional races in under a month.

More consequently, the EO directs “the Secretary of Homeland Security” and “the Secretary of State” to “ensure that State and local officials have . . . access to appropriate systems for verifying the citizenship or immigration status of individuals registering to vote or who are already registered.”

The exact opposite policy from Biden’s refusal to help those seeking to enforce citizen-only voting policies.

In full disclosure, as chairman of Americans for Citizen Voting, I helped eight states pass Citizen Only Voting Amendments last November — and six states previously. This year, South Dakota’s legislature has already placed an amendment on the 2026 ballot and, yesterday, Kansas did likewise. 

Democrats continue to push for non-citizen voting, which liberal courts in California and Vermont have upheld for cities, and to oppose these state amendments. But last week, New York State’s highest (and quite liberal) court struck down New York City’s noncitizen voting ordinance.

This is Common Sense. I’m Paul Jacob. 


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ideological culture Voting

Blood in the Streets?

“When you think about how dangerous it is to raise an issue like this,” Davis Hammet, president of Loud Light Civic Action, explained to a Kansas State House committee, “whenever something doesn’t need to be addressed — because you’re going to create a lot of public attention, a lot of debate on this, and very likely — not to say that anyone here, this is their intention — but there’s [sic] almost three million people in the state, some folks will have very xenophobic and potentially violent outlooks on immigration.”

Hammet then asked legislators to “consider the Garden City bombing plot,” a 2016 case in which three Kansas men were arrested and convicted of conspiring to bomb a housing complex with many Somali immigrants.

Wait . . . what issue — “like this” — is he talking about? 

Mr. Hammet testified against House Concurrent Resolution 5004, a constitutional amendment introduced by Rep. Pat Procter, clarifying that only U.S. citizens are eligible voters in all Kansas elections, state and local.

“This legally and practically won’t do anything,” asserted Hammet.

Far from the truth, legally. 

Kansas has the same language in its constitution’s suffrage provision as California and Vermont, where courts have upheld the constitutionality of noncitizen voting at the local level. Plus, by placing citizen-only voting in the state constitution, Kansans can guarantee their power to vote yes or no before any future state legislature or city council could legalize non-citizen voting.

Twenty-one cities across the U.S. now give the vote to noncitizens, most also allow those here illegally to vote. Meanwhile,in recent years nearly 30 million Americans in 14 states have voted by whopping margins to enact Citizen Only Voting Amendments like HCR 5004, eight of those states last November

“But it could create fuel on the fire for some radical groups,” speculates Hammet, “to feel like they’re motivated to take improper actions.”

Yet so far without a single fatality! No fisticuffs or riots or bombings attributed to the debate or the public vote. Not one incident. 

Hammet may sound high-minded, throwing around words like “xenophobic,” but note his paranoia about his fellow citizens handling political issues. Moreover, he fails to recognize that the policy he sees as “anti-immigrant” is, in actual fact, overwhelmingly supported by immigrants.

So, who’s the xenophobe?

This is Common Sense. I’m Paul Jacob.


Note: HCR 5004 passed that committee and then passed the House on a vote of 98 to 20. The amendment now awaits action in the Kansas State Senate in order to be referred to the voters.

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election law partisanship

Pennsylvania Steal

We must hope that a Democratic effort in Pennsylvania to steal the election for U.S. senator has indeed been thwarted. A new state supreme court ruling with its concurring opinions is definitive.

Problem is, a previous ruling from the same court had already been definitive.

Yet not only have election officials been counting unsigned or undated or improperly dated mail-in ballots in an effort to rescue incumbent Democrat Bob Casey from defeat at the hands of his Republican challenger, Dave McCormick, via a rejiggering recount, at least some of the election officials breaking the law weren’t even bothering to try to obscure the effort with an “Aw geez, this is perfectly compatible with a reasonable interpretation of election rules and the supreme court ruling” fig leaf.

In Bucks County, county commissioners voted 2-1 to proceed with an attempted election-stealing despite the advice of their own counsel.

Bad as this is, get this: Diane Ellis-Marseglia, one of the two Democratic commissioners who determined that it was okay to count bad ballots, announced that she didn’t care about whether she was violating the law. Even though her job is to apply it, not to flout it with revolutionary (or corrupt insider) fervor.

“I think we all know that precedent by a court doesn’t matter anymore in this country, and people violate laws anytime they want,” she said. “So for me, if I violate this law, it’s because I want a court to pay attention to it.”

Attention has been paid. We hope it’s enough.

This is Common Sense. I’m Paul Jacob.


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ideological culture Voting

Don’t Kill Yourself

As Donald Trump appeared to be winning last night, the number of Twitterers who proclaimed a hankering or a design to kill themselves rose dramatically. Michael Malice and others found humor in it, but it’s a super-saddening development, if you ask me.

These Kamala Harris voters are not really going to kill themselves. It is just something to say on Twitter.

I really hope I’m not wrong about this.

I’ll leave to others the counsel of life. That is the job of friends and family and emergency hotline dispatchers. My counsel is different: talking about suicide because your candidate lost is undemocratic. If the authoritarian pronouncements of both major candidates alarmed you about the danger of anti-democratic trend, this fad should raise the alarm several decibels.

The whole point of democracy is to allow a transition of power sans bloodshed. And that requires both contenders and supporters not to shed each other’s blood . . . or their own. When they fail.

It’s a requirement. Not to over-react.

The losers have to accept the loss, and the winners have to refrain from using the state to punish the losers further. 

It’s sort of that simple.

Resignation is key, as scientist Lawrence M. Krauss (@LKrauss1) indicated: “Going to bed, reasonably resigned to Trump win at this point as it seemed to me from a distance for some time. He may be a nut, a liar, and a crook, but the bright side is a likely boost free speech and due process at unis and bump in tech sector, if we survive the rest.”

We will survive. If Trump wins the Electoral Vote (I’m going to bed, too, before a final determination), or if Harris does.

This is Common Sense. I’m Paul Jacob.


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election law Voting

Feds Push Noncitizen Voting

Two states are in trouble with the federal government, which is in trouble with them.

Florida is suing the feds because the Sunshine State needs the cooperation of the federal government to check the status of certain persons on its voter rolls.

Florida is bound by law to maintain accurate registration rolls. The federal government is bound by law to cooperate with requests from state and local governments for the information required to fully assess whether a person on the rolls has the right to vote and to be registered to vote.

But when Florida asked Citizenship and Immigration Services for just this kind of information, the USCIS balked.

Meanwhile, the Justice Department is suing Virginia to prevent that state from cleaning up its own voter rolls. 

Virginia Governor Youngkin castigates the federal action as “an unprecedented lawsuit against me and the Commonwealth of Virginia for appropriately enforcing a 2006 law signed by Democrat Tim Kaine to remove noncitizens from voter rolls — a process that starts with someone declaring themselves a noncitizen and then registering to vote.”

Power Line plausibly suggests that what’s happening here is that the politicized, misnamed Justice Department regards the votes of noncitizens as most likely to be votes for Democratic candidates. So why not discard established law and established procedures if this would help tilt elections in favor of Democrats?

This is Common Sense. I’m Paul Jacob.


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