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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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media and media people partisanship Voting

Spilt Ink

“Iowans should vote no,” argues a Des Moines Register editorial, because defeating the Citizen Only Voting Amendment on the statewide ballot would “send a message — to legislators, to our neighbors at home and to the rest of the nation and world — that Iowans reject exclusion and suspicion and instead put a premium on inclusion and trust.”

Let’s unpack.

Ballotpedia summarizes Amendment 1 as prohibiting “state and local governments from allowing noncitizens to vote and allow 17-year-olds who will be 18 by the general election to vote in primary elections.”

Nothing suspicious there. But there is an exclusion, of course. The measure would exclude noncitizens from voting in state and local elections.

“The context,” or what the TDS-afflicted newspaper has apoplectically convinced themselves is the context, “is repeated assertions by President Donald Trump” and other Republicans “that immigrants without citizenship frequently register to vote and vote (more often for Democrats).”

The actual context is simply whether the state constitution should proclaim that only U.S. citizens are eligible to vote. A policy that Donald Trump and Kamala Harris are unsuspiciously excluded from voting on, but which would have prevented the 19 U.S. cities now allowing noncitizens to vote, including in most cases those here illegally, from doing so.

The Register nonetheless declares that “a higher standard is called for when the enduring language of the state Constitution is involved. That document should emphasize what unites Iowans.”

Yet nothing has united legislators more than this Citizen Only Voting Amendment, which passed each chamber of the Legislature twice without a single dissenting vote. 

Bemoaning that “seven states have already, in the past six years, made identical or similar changes in their state constitutions,” The Register further complains that “this fall, Idaho, Kentucky, Missouri, North Carolina, Oklahoma, South Carolina and Wisconsin join Iowa in voting on similar amendments.” 

The objection? “That’s a lot of ink spilt to enshrine imaginary protections against imaginary problems.”

These imaginative editors acknowledged, in the same piece, that “[e]xperts say it ties lawmakers’ hands from ever passing laws to permit residents without citizenship to vote in certain local or state elections, such as for school boards.”

Passing Amendment 1 means politicians at the capitol in Des Moines will have to go back to Iowa voters if they want to allow noncitizen voting.

No crying here over spilt ink.

This is Common Sense. I’m Paul Jacob.


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ideological culture Voting

Democrats and Noncitizen Voting

Do Democrats support noncitizen voting? 

It depends. 

Which Democrats do you mean?

A clear majority of voters who identify as supporters of the Democratic Party oppose giving the vote to noncitizens. Specifically, they support the Citizen Only Voting Amendments (COVA) on the ballot this election in eight states — Idaho. Iowa, Kentucky, Missouri, North Carolina, Oklahoma, South Carolina, and Wisconsin.* 

For instance, polling shows Democratic voters in North Carolina favor the only citizen voting measure by an eight to one margin. Among Republicans the margin is a whopping 22 to one. Most Democratic legislators joined every Republican in voting to place the amendment on the ballot, but less enthusiastically: 42 yes votes, 16 no votes and ten abstentions.

In Georgia, 70 percent of Democrats supported passing a Citizen Only Voting Amendment. Republican support was 93 percent with 76 percent of independents in favor. But while every Republican in the Peach State’s House of Representatives voted in the affirmative on HR780, not one single Democrat did so. 

Though not as lopsided as Republicans or independents, 83 percent of whom favor citizen only voting, 59 percent of Kentucky Democrats are supportive, a four to one margin. Yet, while every Republican legislator voted yes, less than one in five Democratic legislators were supportive. 

In Wisconsin, 76 percent of voters like the Citizen Only Voting Amendment, including 57 percent of Democrats residing outside the legislature. Inside the legislature, every single Democrat opposed the amendment. 

In this two-year legislative cycle, votes were cast in 21 chambers in eleven states. The partisan difference between elected Republicans and Democrats was stark. Not a single Republican voted against the COVA, compiling over a thousand yes votes. Conversely, more Democratic legislators voted against COVA than for it.

Do Democrats support noncitizen voting? Most elected Democrats, yes

This is Common Sense. I’m Paul Jacob.


Note: Additionally, all 19 of the cities where noncitizens are now legally voting, including noncitizens in the country illegally, are very progressive. All are sanctuary cities and governed (nearly) exclusively by Democrats.

* Voters have previously passed COVAs in six other states going back to 2018: Alabama, Colorado, Florida, Louisiana, North Dakota, and Ohio.

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election law general freedom Voting

Strange Standard

Last week, an audit found that Oregon’s Department of Motor Vehicles staff had erroneously forwarded the registrations of 1,259 people who had not provided necessary citizenship documents on to the Secretary of State, and — voilà! — they appeared on the voter rolls.

“None of the Oregon residents who were automatically registered to vote without demonstrating citizenship voted in an election where they could have cast the deciding ballot, the state’s elections director told lawmakers on Wednesday,” reports Oregon Capitol Chronicle.

Is that the new standard? Don’t fret about a system that automatically registers people who are noncitizens . . . because the number of likely noncitizens who appear to have illegally voted was not enough to have changed the outcome.

The Democrats running the Oregon Legislature were reluctant to hold a hearing; House Majority Leader Ben Bowman opened by warning that “scoring political points” or “attacks or accusations against election staff” or saying anything “that could incite any violence of any kind against any immigrants or any communities in the state” would not be tolerated. 

That’s a dodge — hiding behind concern for immigrants when the issue is a faulty election system. 

Besides, we don’t serve immigrants by placing them on voters’ lists without their knowledge, then sending them flyers urging them to vote, when, if they follow all the prompts sent their way and cast a ballot, they can lose their chance to become an American citizen.

And even be deported.

Simple, straightforward solutions exist: End these automatic voter registration regimes, require proof of citizenship for new folks registering to vote, and make it clear at all levels that voting is for citizens only. 

This is Common Sense. I’m Paul Jacob.


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election law national politics & policies

Kamala’s Cast on Noncitizens

How did Kamala Harris vote?

The Vice President’s hometown of San Francisco is one of 17 cities that allow noncitizens to vote in local elections. Like 75 percent of those cities (according to verify.com), the City by the Bay also offers that vote to noncitizens in the country illegally. 

Not included in this list of cities is New York City, as the Big Apple’s measure providing the vote to nearly a million noncitizens is still being battled in court. Or Boston, which only awaits approval by the Massachusetts Legislature.  

Neither are Telluride, Colorado, nor Yellow Springs, Ohio, on the list. Voters in both states, in 2020 and 2022, respectively, passed statewide constitutional amendments to say only U.S. citizens can vote in all state and local elections, canceling those local ordinances. Beginning in 2018, six states have enacted Citizen Only Voting Amendments, and eight more states will vote on them this November. 

Back in 2016, San Franciscans narrowly passed Proposition N giving noncitizen parents and caregivers, legally documented or not, voting rights in school board elections. Harris had been prosecuting attorney in San Fran before becoming California’s attorney general. As AG, Ms. Harris ran for the U.S. Senate and would have gone to vote for herself on Election Day 2016 . . . and on Prop N. 

Surely, she didn’t forget to vote on the proposition. Right?

So, how did she cast her ballot: in favor of providing noncitizens here illegally the franchise? Or not?

If she ever does a non-scripted interview, perhaps an enterprising journalist might pop that question. Or perhaps a voter in swing states such as North Carolina and Wisconsin — where Citizen Only Voting Amendments are on the ballot — will ask Vice President Harris. 

Answer, please. 

This is Common Sense. I’m Paul Jacob. 


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election law general freedom Voting

Jugglers & Clowns

“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

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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