Author Archives: J Christian Adams

Census 2010 shows red states gaining congressional seats

The Washington Post reports that the congressional map continued to shift toward red states based on new apportionment data.  Texas and Florida gained 4 and 2 seats respectively and New York loses 2.  It doesn’t take a rocket scientist to see the impact on the electoral college map. 

tweet take-away: Census shifts 6 from Obama states to McCain states.
 

Felony election fraud indictment in Arlington (VA)

Washington Post has more.

The petitions were being collected for a group seeking to change Arlington County government’s form.  It was a coalition of firefighters, Green Party and Republican Party members.  The person who collected more than a third of the signatures was a convicted felon, ineligible to do so.  More from another Washington Post story:

“Then Lindberg found that Cheryl Simmons, a felon and therefore not a registered voter by Virginia law, had collected the third-most signatures for the group.  Simmons was convicted in 2006 of felony embezzlement, having given friends and family members discounts at the Hecht’s department store where she worked, police said.”

Ten arrested for voter fraud in Brooks County (GA)

The paddy wagon is full.  This is one of the bigger voter fraud sweeps of the last year.  You don’t often see ten grabbed at once.  The allegations are the these people were engaged in a conspiracy to take absentee ballots and cast it for other people. Among those arrested were elected officials including three school board members.  What a great lesson for students of Brooks County, that one way to get elected to the governing body that oversees education is to commit voter fraud.  WALB-TV has more.

“Among those arrested are Nancy Dennard whose on the school board now along with Linda Troutman and Elizabeth Thomas, both recently elected. Robert Dennard’s just charged with unlawful possession of votes. ‘If you’re assisting someone you can only assist them for certain reasons for some sort of disability as well as if you assist, you have to sign the oath that you did assist them,’ said Turner.  979 absentee ballots were cast in the July primary. That’s an unusually high number. The GBI and Secretary of State’s Office conducted 350 interviews during their investigation.” 

Wisconsin appeals court to hear felon voting

The Wisconsin attorney general is asking an appeals court to ponder if laws barring felons from voting are discriminatory.

“A brief filed by the [Wisconsin] DOJ this month accuses the men of trying to do an end run around the justice system by claiming their initial convictions for bail jumping were also racist. The men claim the felon disenfranchisement law is racist because the majority of people on probation or parole in the state are African-American.”

Overseas ballots not treated equally in TX election contest

A challenge to the outcome of Texas House District 48 has been filed in Travis County.  The contest was decided by 12 votes.  The complaint is here.

Dan Neil, the Republican filed the lawsuit attacking the certification on a wide range of very interesting matters. Included among these is a claim that over 1,900 ineligible voters are on the rolls, including dead people that voted.  This will be a rather elementary matter to prove if in fact people voted in the names of the dead.  Score one for Texas Voter ID if true, also. 

Next, the complaint alleges that overseas ballots were treated, shall we say, very poorly.  In particular, overseas and military voters were told in written instructions that they could vote a straight party ticket, and did in fact vote a straight party GOP ticket, only to learn that their votes for some contests were thrown out.  On the other hand, straight part Democrat votes on overseas ballots were counted. 

If the plaintiff finds any ineligible votes cast, the Texas Voter ID legislation may have found a contemporary rational basis to support the law.

Felon legislator continues to serve in Texas

 

 

You must be registered to vote to run for election.  But if you are a felon in Texas, you cannot be registered to vote.  But there is a loophole, if you are elected, but are a felon, then you can continue to serve in the Texas Legislature.  Sort of hard to believe.  But the story is here at the Austin American Statesman.

“Rep. Kino Flores, D-Palmview, who, despite recent felony convictions, is still state Rep. Kino Flores, D-Palmview. Travis County jurors convicted him on six charges — four felonies, two misdemeanors — of not properly disclosing his income on required state forms.”

Texas AG Abbott should prepare now to defend the interests of Texans on Voter ID


In Texas, the Star Telegram reports:  “As politically emboldened Republicans predict almost certain enactment of a voter identification law in the 2011 Legislature, the House point man on the issue is pushing a measure patterned after one of the most stringent voter ID laws in the country.  House Elections Committee Chairman Todd Smith of Euless, who was at the center of the partisan brawl over voter ID during the 2009 Legislature, has introduced legislation that would require voters to show a photo ID to cast ballots.  HB401, modeled after a Georgia law, would also authorize creation of a voter identification card, which would be among the approved ID forms.”

If Texas is modeling this voter identification requirement after Georgia, the Texas Attorney General Greg Abbott should immediately review the bureaucratic and ideological based opposition of the Voting Section at Department of Justice during the Section 5 preclearance process on a number of recent voting changes in Georgia.  Texas AG Abbott should consult with Georgia on how they successfully defended their voter citizen verification requirements by opting for Federal Court. 

After naively giving the Voting Section the benefit of doubt, Georgia eventually concluded that the Holder DoJ was simply not capable of calling balls and strikes.  Georgia eventually went to the only place where they would receive a fair hearing – the three-judge panel of the United States District Court for the District of Columbia with a threatened direct appeal to the Supreme Court.  Going to Federal Court provides sunshine in discovery and requires that Department of Justice bureaucrats actually articulate their novel legal theories to three Federal Judges as opposed to simply reciting advocacy group assertions to each other in the halls of the voting section.   

For important policy issues of the Legislature and Executive Branch including redistricting or election administration citizenship verification or voter identification, the chief advocate for the state, Texas Attorney General Abbott, has a responsibility and duty to seek the fairest possible hearing on this voting change.  That place would be the Federal Courts.  AG Abbott should prepare his litigation plan now.  Upon passage of the voter ID law, he should immediately request expedited review by a three judge panel in D.C.  

DOJ wants more money for welfare agency voter registration

The Civil Rights Division at the Department of Justice has shown its hand to Congress. It wants more money and federal employees in the Voting Section.   What is the new litigation priority?  Dead people on the voter rolls?  Minority vote dilution?  Helping Spanish speaking voters?  Nope.  As reported last week in the Washington Examiner, those issues are genuinely “closed for business” at the Holder DOJ.

Instead, the DOJ has told Congress in this document 
that they want more money and staff, get this, to ensure that welfare and other public assistance agencies are registering as many voters as possible.  Section 7 of the Motor Voter law enacted in 1993 requires welfare agencies and DMV’s to offer voter registration opportunities.  It also requires military recruitment facilities to do the same, but don’t expect much attention there. 

Section 8 of Motor Voter is the counterpart to Section 7, and it requires that the rolls be kept clean and free from ineligible, dead and felon voters.  Sections 7 and 8 represented a compromise in Congress.  Without 8, there wouldn’t have been a Section 7.  The Bush Administration enforced both provisions, but change has come to Washington.  Deputy Assistant Attorney General Julie Fernandes
announced that the Obama DOJ would not be enforcing Section 8 because it doesn’t “have anything to do with increasing minority turnout.”

The budget request notes there are active investigations of states taking place.  That means that undercover DOJ employees are trolling around welfare agencies, hanging out in the lobby, and grabbing welfare applicants and chatting them up to see if they were offered a voter registration card. They will interview individuals who have just been inside welfare agencies.  It is a labor intensive investigation. 

You don’t suppose an aggressive welfare agency voter registration crackdown by DOJ would have anything to do with the 2012 Presidential election would you?  It’s not like the DOJ has shown a lack of interest in enforcing the voting rights of, say, military members, have they?  I wonder who voters who are registering at public assistance agencies might vote for.  There’s just no way tell.

The DOJ budget document quoted below describes the Voting Section priorities, and nary a word about enforcing Section 8 in addition to welfare agency registration enforcement:


“Instituting and maintaining an aggressive affirmative litigation program: The Voting  Section also enforces the National Voter Registration Act (NVRA). The NVRA requires that individuals be given the opportunity to register to vote when applying for services at public assistance or disability offices under Section 7 of the NVRA or State driver license agencies under Section 5 of the NVRA. These provisions of Federal law must be vigorously enforced if groups who have been chronic nonparticipants in the American democratic process in the past are to be become active voters in the future. In the recent past, the Voting Section has entered into two out-of-court settlements with Arizona and Illinois regarding the failure of those States to comply with the public assistance agency voter registration requirements of the NVRA. Importantly, the Voting Section has a number of active statewide investigations in other states regarding possible failures to comply with Section 7 of the NVRA, and these investigations will be informed by the biannual nationwide NVRA report issued by the Election Assistance Commission (EAC) in July 2009. The Administration has already informed the Voting Section that it expects it to mount a vigorous Section 7 initiative in the coming months and years, and the Voting Section intends to carry out this mission with an eye toward investigatory reviews and, if appropriate, enforcement actions against those States that are not complying with Section 7. The requested additional resources will be used in part to fund this Section 7 enforcement work, which is very resource intensive.”