Dangerous intimidating billboards and Tea Party poll watching.

Today there was an hearing on the termination of the EAC.  In these tough budget times, the hearing brought the demise of the agency a step closer.  When Roll Call hints that an agency may be closing, the end may be near.  But a full throated defense of the dysfunctional agency by Democrats and the support of one of the original sponsors of HAVA may mean the agency doesn’t go out with a whimper.  The Committee heard the testimony of three Secretaries of States arguing that the agency has outlived its usefulness and they maintained that other agencies such as the Federal Election Commission (FEC) and Federal Voting Assistance Program (FVAP) could handle the current EAC duties in certain overseas voting issues and NVRA/UOCAVA data gathering.  Chairman Harper stated that the continued funding of the bloated agency was unjustified and that after six years after HAVA, the EAC has done little to solve the millions of citizens that do not participate in the voting process.  Ranking Member Gonzalez recognized the agency’s shortcoming but compared the current dysfunction of the EAC to problems with the early state of the nation with the “Articles of Confederation.”  He analogized the necessary reforms of the EAC to the task revising America’s first constitution into a workable solution between the states.  In a slight (likely unintended) to both DOJ and the FVAP, Rep. Hoyer claimed the EAC protects the voting rights of all Americans, including overseas military voters.  In a similar argument, he stated that the EAC’s continued existence will ensure that the Voting Rights Act actually means something for citizens.  

In the hearing, the Republicans argued that that the primary beneficiaries of the agency (election officials) no longer believe that the EAC is needed, instead seeing it as intruding on the historic state role in running elections.  Gonzalez insisted that local election officials appreciate the agency and that the Congress should improve the agency, not end it.  He also claimed that the EAC protects the rights of all Americans to vote despite its limited regulatory powers, arguing the EAC is still desperately needed to oversee such problems as the Wisconsin recount, overseas military voting, and continued research into disability voting.  

“Two Milwaukee men charged with voting in the 2008 presidential election while they were still on probation for felony convictions argue that the law is unconstitutional and contrary to the federal Voting Rights Act. Circuit Judge Richard Sankovitz denied the constitutional claim but ruled that they at least deserve a hearing on their second claim.”  Milwaukee Journal Sentinel.

Allegations of voter fraud inform a challenge to the contest for mayor of Eufaula, Oklahoma.

“Carman Rainbolt, a Checotah lawyer who represents Mouser, identifies in a petition filed Friday at least 11 voters who live outside city limits but voted anyway. A 12th voter who lived outside city limits, the petition alleges, failed to file a change of address before the March 11 deadline.”

Full story at the Muskogee Phoenix.  If this contest heats up, white lightin’ might not be the biggest thrill in town.

According to a story in the “American Independent,” the Advancement Project is mobilizing to oppose voter ID laws, possibly in court.  Shockingly both the “American Independent” and the Advancement Project are funded by the same George Soros funded groups. 

The Advancement Project report says: “The Advancement Project would like to thank supporters of its Voter Protection Program, including Bauman Foundation, Ford Foundation, W.K. Kellogg Foundation, Mitchell Kapor Foundation, Open Society Foundation, Tides Foundation, Wallace Global Fund, and an anonymous donor, for making this publication possible.”

The American Independent received money from the same sources.  Nothing like the “independent” media publicizing reports funded by the same people who are also funding the “independent” media.

Tennessee Attorney General Robert E. Cooper, Jr., has issued an opinion saying that the voter ID bill being debated in the state violates the Tennessee and United States Constitution because it is a poll tax.  People who do not a photo identification card in Tennessee could obtain one under the bill, but would presumably have to pay the cost of the photo ID.  The bill also allows anyone who cannot afford it could execute an affidavit and still cast a ballot.  The opinion concludes that the photo id bill is otherwise constitutional if the cost of the photo id is removed.  Democrats had requested the opinion.  Cooper is also a Democrat.

Alamogordo Daily News.  “We found 37 individuals who are in the foreign national database (for driver’s licenses) and have voted in our elections,” Secretary of State Duran said. “We believe these people are not eligible voters.”

West Virginia University has incorporated vote by computer and vote by phone into student government elections.  It seems the “Pirate Party” and “Fusion Party” figured out a way to hack the system.  A do-over election has been scheduled.  Obviously this isn’t a “real” election, but it isn’t good press for vote-by-computer.  Details at the DA.

Michael Collins.  “Collins gave a false address to establish eligibility to vote in East St. Louis, even though he lived in Swansea. He was even elected to be a precinct committeeman in East St. Louis after getting family members to sign petitions to get him on the ballot. Prosecutors said Collins falsely reporter his family members’ addresses on the petitions.”  Full story here.

Texas legislators are debating whether to send various election laws to the Department of Justice for approval. Story here.  Understanding Georgia’s experience with Section 5 submissions is invaluable for the debate in Texas.  Kemp recently testified before the Texas legislature.  His experiences with the DOJ are important for any state which must submit redistricting or voter identification plans for Section 5 preclearance.

“But neither King nor Sen. Troy Fraser, R-Horseshoe Bay, said they thought the process through the Department of Justice is necessarily unfair.  Fraser said the process works as it is, but he would consider backing the legislation if it moves to the Senate. The bill is currently pending in committee.”

Legislators should speak with citizens in Kinston, North Carolina about their experiences with the Section 5 preclearance process.  Better still, speak with Georgia Secretary of State Brian Kemp about his experiences trying to get Justice to preclear citizenship verification.  DOJ objected to the submission.  How did Georgia get the plans approved?  By suing, and only by suing. 

The process has not worked for Georgia or Kinston.  If Texas wants newly passed voter identification requirements to become law, it will need to go to district court to have them approved, not to DOJ.