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ballot access initiative, referendum, and recall

Reforms from Ground Zero

“Georgia has become ground zero in the fight over election integrity,” Margaret Brennan, host of Face the Nation on CBS, alerted her audience on Sunday, introducing the state’s Secretary of State Brad Raffensperger, a Republican who, she reminded, “became known nationally in the wake of that election because [he] refused to succumb to pressure from President Trump.”

Given the walk that Mr. Raffensperger has walked, his talk should carry some street cred with media outlets that are truly non-​partisan and interested in election reform. 

Raffensperger proposed three reforms to secure elections: (1) No ballot harvesting, wherein a person gathers up or “harvests” many mail-​ballots not his or her own; (2) “a constitutional amendment … that only American citizens vote in our elections,” and (3) “photo I.D. for all forms of voting.”

“Only U.S. citizens do currently vote in elections,” Brennan critically interjected (incorrectly), “but go on.”

Raffensperger did, explaining that “cities are trying to push noncitizen voting.” A few years ago, the council in Clarkston, Ga., voted to study allowing non-​citizens to vote. Just last month, the New York City Council gave the right to vote in city elections to 800,000 non-​citizens (including 110,000 Chinese nationals); last year, the Vermont Legislature approved non-​citizen voting in two cities; and non-​citizens (documented and undocumented) have been voting in San Francisco; and in 11 more cities across the country.

The Secretary of State noted that citizen-​only voting, “just like photo I.D.,” is “supported by all demographic groups and a majority of both political parties.”

Citizen-​only voting belongs in our state constitutions so that any future decisions on providing the vote to non-​citizens requires a vote of the people, and therefore, cannot be made by politicians alone.

This is Common Sense. I’m Paul Jacob.


Note: Illustrating the usual split between politicians and voters, the New York City Council enacted a law for non-​citizen voting while a poll of New Yorkers showed more than 60 percent opposed the measure.

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ballot access Voting

Citizenship Not Required

Noncitizen voting is coming to New York City.

Tomorrow, the city council is expected to approve a measure permitting more than 800,000 noncitizens to vote in city elections.

Noncitizens will need to have a green card or the right to work in the United States, and will need to have been resident in the city for at least 30 days.

Opponents include Councilman Rubén Díaz, a Democrat. He observes that the requirements for becoming a naturalized citizen and thereby earning the right to vote, which include “understanding the basics of [our history] and how our government functions,” would thus be bypassed.

Whether the granting of American citizenship to newcomers has been too lax or too cumbersome is a separate question. But if a particular noncitizen deserves to vote, he or she surely deserves citizenship. Why not start with citizenship?

Opt in. Become an American before you vote in America. This seems basic.

Which is why de-​linking voting from formal citizenship conjures up two worrisome questions: 

What agenda does this serve? and What’s next?

Next steps could include extending the franchise to those who do not “have the right to work” (as is already the case in San Francisco) and extending this new right, noncitizen voting, to state and federal elections.

That many Democratic congressmen are eager to obliterate any practical distinctions between citizen and noncitizen is shown by their support for HR1, the misnamed “For the People Act,” an assault on state-​level laws intended to ensure that only (living) citizens are voting (only once) in elections.

Fortunately, that federal legislation has been blocked. For now.

This is Common Sense. I’m Paul Jacob.


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initiative, referendum, and recall judiciary

The 6 Percent Solution

The Idaho Supreme Court has stated the obvious.

The question was whether legislation passed by the Republican-​dominated Idaho state legislature making it prohibitively difficult to run a successful initiative campaign is consistent with the state constitution.

In August, the court ruled that requiring petitioners to obtain signatures from at least 6 percent of voters in every single legislative district of the state — 35 districts — would usher in “tyranny of the minority.”

It said that the new law “conflicts with the democratic ideals that form the bedrock of the constitutional republic created by the Idaho Constitution, and seriously undermines the people’s initiative and referendum powers enshrined therein.”

As the Idaho Statesman observes, the law would have enabled voters of a single district to prevent a question from reaching the ballot.

The Statesman also smashed the silly argument that the current initiative process somehow burdens specifically rural voters in any quest to post a question.

Under current law, petitioners must obtain signatures from 6 percent of all registered voters in the state and also reach that threshold in at least 18 districts, not all 35 districts. The all-​35 mandate would have made the job of running a petition drive massively harder no matter what regions petitioners happen to reside in.

Foes of citizen initiative rights also tend to ignore the fact that getting a question on the ballot hardly constitutes its enactment. Every voter, from whatever part of the state, can then decide Yes or No.

This is Common Sense. I’m Paul Jacob.


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ballot access national politics & policies Voting

Ballots, Barriers and Buncombe

“The right to vote is a sacred civil right that empowers naturalized citizens to participate in our democracy,” LaVita Tuff, policy director of Asian Americans Advancing Justice-​Atlanta, informed the media.

Yet, that same news release declared, “Asian Americans Advancing Justice-​Atlanta and the Asian American Advocacy Fund collectively condemn the statements made by Georgia’s Secretary of State this morning emphasizing that ‘only American citizens should vote in our elections in Georgia.’”

These groups specifically attach voting rights to “naturalized citizens,” that is, immigrants who go through the process to become American citizens … like millions before them. But then AAAJ‑A and AAAF denounce Secretary of State Brad Raffensperger for asking the Georgia General Assembly, last month, to put a constitutional amendment on the ballot to clarify that only U.S. citizens can vote in all state and local elections. 

“[D]on’t disenfranchise the people of Georgia on this important issue,” Raffensperger urged. “Let’s put it on a ballot.”

No argument is offered by either AAPI (Asian American Pacific Islander) group opposing the substance of Sec. Raffensperger’s proposed amendment. Not a single word.

Instead, they contend that “preventing noncitizens from voting is unnecessary and misleading,” before mentioning a non-​citizen voting “measure previously considered in Clarkston, Georgia” and the possibility of changes “that could expand the right to vote to include noncitizens in local elections.” Hmmm … thus providing a very real and recent justification for Georgia voters to weigh-in. 

The news release smears Republican Raffensperger for supposedly “using immigrants as a scapegoat to create additional barriers to the ballot.” 

But the measure is clearly designed to protect existing barriers, not prohibit any currently eligible citizen from voting. 

This is Common Sense. I’m Paul Jacob.


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ballot access initiative, referendum, and recall

Initiative-​Crippling Law Clobbered

The right of citizen initiative is the right of voters to petition to get a measure on the ballot; then, if that happens, to vote on it and pass it. 

Many politicians hate this right and work to weaken it.

A few years ago, Florida’s Constitution Revision Commission considered sending a measure to the state ballot to treat voters who abstain from voting on a ballot question as having voted No. The proposal died on the vine, thankfully. But this is the kind of encroachment politicians fantasize about.

The latest attack on Floridians’ right of citizen initiative — a law to cap donations to such campaigns at $3,000 during the signature-​gathering phase — has just suffered a less definitive setback.

Federal Judge Allen Winsor in the Northern District of Florida halted the new law from going into effect on the very day it was scheduled to do so. (Cutting it a little close, aren’t you, judge?) He ruled that contributions to an initiative campaign are obviously a form of political expression and that the law would inflict irreparable harm if even briefly in force.

True. 

If petition organizers can’t raise the funds needed to collect the required 891,589 signatures, it becomes enormously harder to get a measure on the ballot and let voters have their say. A say that foes of citizen initiative rights certainly do not want voters to have.

The ruling blocks the law only until the court reaches a final resolution on its constitutionality, so this legal battle isn’t over yet. 

What is most certainly determined, however, is that Florida legislators don’t care about the Constitution. 

This is Common Sense. I’m Paul Jacob.


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ballot access national politics & policies

Hypocrisy ID’d

“Prominent Democrats have increasingly softened their opposition to voter identification requirements in recent days,” informs The Washington Post, “signaling a new openness to measures that activists have long vilified as an insidious method of keeping minorities from the ballot box.”

Yesterday, when Republicans backed the idea, it was racist and supposedly so were they for supporting it. Not anymore. Now, Democrats favor Voter ID.

What changed? 

Not racism. And certainly not racially exploitative demagoguery. 

The catalyst may be a new Monmouth University poll showing fully 80 percent of Americans favor a photo ID requirement for voting, with support “at 62% among Democrats, 87% among independents, and 91% among Republicans.”

These progressive mutations take place as Senate Bill 1, the companion to H.R. 1, the so-​called “For the People Act,” failed to break the GOP filibuster yesterday, blocked 50 votes to 50 votes along strictly partisan lines.

While Democrats scramble for a way out, some — Stacy Abrams, notably — suggest they have always been for voter ID. 

Funny, the Democrats’ legislation would have effectively gutted the 35 state voter ID laws now on the books. “But HR‑1 does not ‘ban’ voter identification laws,” lectures Newsweek’s fact-​checker. “Instead, it offers a workaround” — that does not require showing an ID.

Just the sort of requirement Democrats now insist upon? 

Hypocrisy notwithstanding, the real problem with Democrats dictating election policy from Washington is the rottenness of those policies, which include: 

  • Partisan capture of the Federal Election Commission by Democrats through 2027*
  • Taxpayer financing of congressional campaigns
  • Increased regulation of speech aimed at influencing congressmen (i.e. mobilizing citizens)

Congressional Democrats have plenty more bad policies where those came from.

And a legislative majority.

This is Common Sense. I’m Paul Jacob.


* If you can’t pack the Supreme Court, packing the FEC is the next best thing.

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