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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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ballot access partisanship

Enthusiasm for Extremism in Action

She insists it’s about the rule of law. And not political. Not in any way.

“Maine Secretary of State Claims Politics Played ‘No Role’ in Booting Trump Off Ballot,” is how The Epoch Times headlined the story.

Secretary of State Shenna Bellows has unilaterally barred former President Donald Trump from the Maine presidential primary ballot. As in the Colorado case, the excuse rests with the January 6, 2021, protest rally and mob entrance into the capitol building. She says that “the weight of evidence” she “reviewed indicates that it was an insurrection.” 

Knowing what real insurrections are, and what words mean, and the long history of protests that get out of hand, including in recent times, most non-​partisan people, as well as all Trump supporters, must conclude just the opposite: no insurrection was even attempted.

Bellows may actually believe that the January 6 events constituted an insurrection, that her job allows her to do what has never been done in American history, and that this would be good for the nation.

On the insurrection issue, she and Democrats rely upon motivated reasoning. People worked up in a cause can believe almost anything that would aid the cause. Still, the common-​sense guess is that almost no one really believes her … but of course her Democratic comrades must pretend.

On the scope of her position, prudence would usually steer a partisan such as herself away from doing such a radical thing.

On the good of the nation, the clear hyperpartisan appearance would exacerbate tensions around the country, widening the divide into a chasm.

What may really be in evidence, though, is that leftists are mimicking the radicalism of the pandemic lockdowns, driven by the sheer frenzy of their vision of themselves as embodiments of righteousness … always to exercise arbitrary power.

An enthusiasm that spreads virally. As a mania. 

Thus does extremism work.

This is Common Sense. I’m Paul Jacob.


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election law Voting

Voting Unbound, Democracy Unhinged

In our nation’s capital, local voting rights are expanding and metastasizing so fast it is hard to keep up.

Exhibit A, a 12 – 1 vote of the City Council last year, telling the world: It is absolutely crucial to our democracy that China’s ambassador to the United States be given the same vote on who should be mayor, council member, or decide ballot measures, that any American citizen living in the District of Columbia would be entitled. 

Hey, let’s not disenfranchise the spies working out of the Russian embassy, either. Let ’em all vote! 

After all, they pay taxes. Might have their kids in the schools. 

In the country illegally? Fuhgeddaboudit! You can vote in DC. In fact, if an invading army took Washington by military force, and then held it for 30 days, the enemy soldiers could legally vote themselves into office. 

If only this were hyperbole!

A year ago, all the Republicans — along with 1 in 5 Democrats — in the U.S. House voted to nix the District’s crazy foreign citizen voting plan, as is Congress’s constitutional authority. But the Democrat-​controlled Senate refuses to act.

Last week, Abel Amene, whose Ethiopian family was granted asylum more than 20 years ago, became the first non-​citizen to be elected to a D.C. office. Abel won one of nearly 300 seats on the Advisory Neighborhood Commission, where the average district contains roughly 2,000 residents. 

My only question: why hasn’t he become a citizen? 

While the ANC has absolutely no power whatsoever, it is likely that its commissioner, Vanessa Rubio, lusts for more power and authority. Earlier this week she was fined $500 for voting twice in the 2020 election — once in Maryland and another time in Washington, D.C. 

She originally told authorities she did not recall voting twice. Later she suggested that because D.C. isn’t a state, voting there didn’t count … as if everyone gets one vote in Washington and another where they actually live.

Rubio’s 2020 fraud reminds us that not every vote should count.

This is Common Sense. I’m Paul Jacob.


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ballot access crime and punishment election law

Elections Overturned & Undermined

Sure, democracy is a messy affair. But it does require several fine balances. One of them is that elections must be trustworthy: neither rigged nor gamed.

In recent years, many elections have been charged to be somehow “stolen.” Hillary Clinton accused Donald Trump of “stealing” the 2016 presidential election; Donald Trump, in turn, accused the Democrats of stealing the 2020 election, in which he was given his walking papers.

Now reports by Roman Balmakov, at Epoch TV, show that election irregularities at the local level can not only be contested, but elections overturned. 

Sans “insurrection.”

“In a shocking turn of events,” explains Balmakov, “a judge in Connecticut overturned a primary election because the evidence of fraud was just so overwhelming.” Video captured late-​night ballot box stuffing, with identifiable government-​employee perps. The judge overturned Bridgeport’s Democratic primary race for mayor.

In a sheriff’s race in a Louisiana parish an even more extraordinary set of events occurred. An election wherein a candidate lost by one vote was challenged; a recount adjusted the figures but the single-​vote spread remained. Another challenge led the state Supreme Court to appoint a judge to look into the mess, and he found one: clear evidence of massive voting irregularities. He demanded a new election.

But Roman Balmakov’s report from yesterday may spark wider interest. It was about a thorough Rasmussen poll of 2020 voters: “1‑in‑5 people who voted by mail committed some type of voter fraud.” You might say they confessed as much in how they answered the poll. 

All three stories cast a dark light on the state of American democracy. But the poll may be the most troubling. 

If not how little interest the Rasmussen survey has garnered from major media.

This is Common Sense. I’m Paul Jacob.


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First Amendment rights Internet controversy social media

Memester to the Pokey

It was a joke. For which he’s been sent to prison.

A political joke online.

Admittedly, it wasn’t very funny. It certainly wasn’t new. That is, the general idea has been floating around for as long as there have been ballot boxes. 

The ur-​form of the joke is “Hey, [political opponent], why don’t you deposit that ballot right here in this handy receptacle [trash can]?”

The specific joke that got Douglass Mackey into big trouble sported an image of a smiling black woman in front of a white-​on-​blue “African Americans for Hillary/​President” sign, along with the message: “Avoid the line. Vote from home. ¶ Text ‘Hillary’ to 59925 ¶ Vote for Hillary and be a part of history.”

It arguably flirted with dirty tricks of the sort honest people don’t engage in. But a lot of partisans do that sort of thing, not just Mr. Mackey, who posted the joke to his now-​defunct “Ricky Vaughn” Twitter account. A better version of the joke about the same time was not only never prosecuted, the link to it’s still on Twitter (X). It just so happens, however, to have been made by a Democrat … against Trump voters.

Trolls flirting with Dirty Trick status are not criminals; there is the First Amendment. But what Mackey was successfully prosecuted for (he was sentenced last week to seven months) was “Election Interference.”

Tellingly, ZERO is the number of voters stepping up to testify that they were tricked into texting 59925 and then not voting by his lame meme. If there were any, they might understandably be too humiliated to bear witness.

Curiously, the law he violated does not mention misinforming a person as a criterion for criminality.

A country that selectively prosecutes this sort of thing — can it be said to be free?

This is Common Sense. I’m Paul Jacob.


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Accountability ballot access Voting

Time and Money

The Democratic governor of Pennsylvania, Josh Shapiro, expects the state government to automate voter registration by the 2024 election. This will “save taxpayers time and money.”

Unless they opt out, prospective voters are to be enrolled when they get a state ID or a driver’s license at the DMV.

According to the Libertarian Party of Pennsylvania, it will also make it easier for “uninterested, uninformed people to wield political power.” And perhaps also make it easier for ineligible noncitizens to vote — folks whom most Democrats, at least, strongly suspect would be more likely to vote Democrat were they somehow enabled.

It’s not fair to noncitizens, however, to register them without their consent and to send them the instruments of casting a ballot, when doing so is illegal and could ruin their chance to become citizens.

And registering and confusing immigrants has been happening in Pennsylvania — under a less lax system.

Shapiro pretends that security will be improved thereby, too. Automating voter registration adds “important levels of verification to the voter registration process.” But Pennsylvania doesn’t need to register people automatically to require a photo ID for registration or voting. (Which it doesn’t, currently; a paycheck or utility bill suffices.)

Political figures often complain about the expenses involved in special elections, recall elections, citizen initiatives, and other paraphernalia of democracy that cater to motivated, informed, active citizens — it is almost as if they regard this kind of voting as coming at their expense. It does not take long dealing with incumbent politicians to intuit that they would rather we just accept everything that they do without demur.

Freedom, democratic institutions and their safeguards, sound electoral procedures, voting machines, getting to the voting booth — even acquiring, filling out and mailing absentee ballots — all such things cost time and money.

We’d save time and money by not eating, too. But that’s hardly a triumph of economy.

This is Common Sense. I’m Paul Jacob.


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