Author Archives: ELECTIONLAWCENTER.COM

Troy (NY) Voter Fraud Case Gets Messier

 The case in Troy, New York, which saw a guilty plea, has taken a strange turn, including that an FBI agent was out to arrest the prosecuting attorney pushing the voter fraud case. 

WNYT:
  “NewsChannel 13 has uncovered more sensational accusations tonight in the Troy voter fraud case. John McLoughlin has gotten hold of an email in which the special prosecutor, Trey Smith, accuses the FBI agent involved in the case of being out to arrest Rensselaer County District Attorney Rich McNally just to further his career.”

After DOJ approval of South Carolina congressional plan, top Democrat says DOJ uses “antiquated standard”

At the link, word that DOJ won’t oppose South Carolina’s plans for redrawing its  Congressional lines and adding a new seventh district along the coast.   What’s interesting is what the head of the Democratic Party predicts what the Supreme Court will do with DOJs approach to the Voting Rights Act:   

Meanwhile, state Democratic Party Chairman Dick Harpootlian said Monday he plans to file a lawsuit within two weeks challenging the new district lines, saying the Justice Department is using an “antiquated standard” on race that improperly concentrates black voters to ensure black candidates have a chance at winning seats. 

Justice “uses an antiquated standard which will not pass U.S. Supreme Court muster,” Harpootlian said.  “The view in Washington and the Justice Department is the South has not progressed in race relations in the last 40 years,” Harpootlian said. “They’ve got a bunch of 1960s liberals still working in the Justice Department.”


Harpootlian points to the President Barack Obama getting one of four votes from whites in the 2008 election and last year’s election of U.S. Rep. Tim Scott as signs candidates’ race no longer determines elections. Black voters, he said, need to be spread among districts so they’ll have more influence on the legislative process.

Supreme Court allows Mississippi to run in current districts this year

At this link, the U.S. Supreme court has affirmed a lower court ruling on redistricting, allowing state lawmakers to run in their current districts this year.  The Justices rejected an appeal from the Mississippi NAACP. Secretary of State Delbert Hosemann said Monday that the decision reaffirms the legislature’s right to redistrict itself. “They affirmed the three judge panel,” said Hosemann. “What that means is that validated all of the elections going on now next Tuesday, in the process that we incurred to get to this point. It also dumps the ball clearly in the Legislature for next year to redistrict themselves.”


NAACP attorney Carroll Rhodes told us Monday, the plaintiffs are disappointed. Rhodes said the Supreme Court decision means that the litigation will continue at tremendous expense to both the plaintiffs and the State of Mississippi. We will be back in front of the Legislature this winter and spring. Back in Federal district court this spring and maybe back in the U.S. Supreme court

Experts say GOP may have edge in Pennsylvania redistricting


PoliticsPA reports that Republicans scored a big victory today as the Chairman of the panel charged with drawing new legislative districts voted to advance preliminary maps drawn by the Republican caucuses.  The maps would make a Democratic comeback in the Pa. House, not to mention the Pa. Senate, more difficult.  Stephen McEwen, a retired Judge of the Pa. Superior Court, voted with Majority Leaders Dominic Pileggi of the Senate and Mike Turzai of the House over the objection of the panel’s two Democrats.  Senate Minority Leader Jay Costa and House Minority Leader Frank Dermody said the maps represented a sharp departure from terms previously negotiated by both parties and amounted to a partisan power grab.

Several lawmakers crowded large copies of the new maps printed on poster boards to see how their districts – and their colleagues – had turned out.


“This sucks. This f***ing sucks,” one said.

First Prominent African American politician to come out for Voter ID law

@ Politic365 with the headline “Davis tells Black Politicos to kiss his Bumper on Voter ID” 

“Bit of chatter in Black political circles about former Alabama Rep. Artur Davis’ (D-AL) rather peculiar about-face op-ed in his state’s largest newspaper regarding his feelings on Voter ID laws.  Folks feeling a bit burned about that; he appears to be the first prominent African American politician – that’s not officially a Republican – to come out for a Voter ID law.”

DOD, FVAP accused of cooking the military voting books

At the link, a powerful article on how FVAP, the agency responsible within DOD for military voters, is manipulating military voting data to serve its purposes.  As this article revealed, DOD spent over $2.3 million for this survey – almost $1 per military voter and is now attempting to permanently wrestle away the reporting of data away from EAC to the Department of Defense.  It is noteworthy that the head of FVAP, in his oral testimony to Congress (at minute 14:12 and 14:44), specifically argues that DOD should be the sole collection authority for election data and that states should only be required to report these voting statistics to DOD.  However, his written testimony failed to make these same assertions so the question remains.  As noted here, it is unusual that DOD would go after another executive branch agency such as the EAC, especially with so many House and Senate Democrats are trying save it.  With all the pending cuts to DOD warfighters, this appears to be a costly and ill-conceived effort to gain control of the collection and reporting of military voting data. 

Unlike the EAC data, which relies on actual absentee ballots sent and received by state officials, the FVAP reaches its conclusions based on survey responses from 15,037 military members and their spouses, although it sent out more than 123,376 surveys. The low response rate is the first red flag about the credibility of the FVAP’s report — a fact that the Government Accountability Office has repeatedly emphasized to the FVAP.  In 2010, the GAO criticized the FVAP’s reporting methodology because “FVAP does not conduct a non-response bias analysis” that the Office of Management and Budget has said is “a necessary step in determining whether survey findings are biased.  Not conducting such an analysis limits data reliability.” The report was aptly named, “DOD Can Strengthen Evaluation of Its Absentee Voting Assistance Program.” Yes, it can (but it hasn’t).


Low survey response rates are not the only problem. The sample that responded does not accurately reflect the overall military population. For example, approximately 25 percent of the surveys were completed by senior officers and their spouses, even though they represent only 12 percent of the actual military population, thus giving a biased and skewed view of the voting experiences of the military.  Another significant problem appears to be the low response rates from combat troops, who have the greatest difficulties in voting. In fact, the response rate from members of the Navy, Air Force and Coast Guard is nearly 70 percent higher than the response rate from those serving in the Army and Marine Corps. Yet the Army and Marines make up over 50 percent of the armed forces of the United States.

Obviously, whether a military member is in the field or on the front lines in Afghanistan, as compared to sitting at a desk in the Pentagon, can have a significant effect on the ability to receive, vote and mail back an absentee ballot. Yet the FVAP report doesn’t appear to account for this critical difference, as well as many others.


Voter ID Taxi Service Gets First Fare

 The Tennessean.  “A Nashville woman was the first to take Lt. Gov. Ron Ramsey up on his joking offer to give a ride to anyone who needed transportation to get a new picture identification card to vote.


Eileen Marhefka, 65, said an aide to Ramsey dutifully picked her up at her home in East Nashville on Wednesday and shuttled her to the driver service center at Tennessee Tower to get a non-driving ID card. The aide also advised her on how to get the card free of charge.”