Category Archives: Uncategorized

Move to Cumulative Voting in California

That will soon no longer be the case, as, after a recent spate of board actions, local residents are set to come face-to-face with a voting system that to this point has been virtually unknown.

On Thursday, the Castaic Union School District became the latest local agency to sign off on a shift to cumulative voting.
The Castaic district’s move was prompted, at least partly, by the possibility of legal action brought under the California Voting Rights Act, such as the lawsuits that were filed last year against the city of Santa Clarita, Santa Clarita Community College District and Sulphur Springs School District.”

Story here.

Intimidation of Federal Judges by “Civil Rights” Groups for Criticizing the DOJ

This story is stunning.  After Judge Edith Jones gave a speech to the Federalist Society chapter and criticized the Justice Department and opposition to the death penalty, an ethics complaint was filed against her.  Now we know who the complaining parties are, and they are some of the so-called “civil rights” groups.  The story demonstrates the hostility to free speech so common on the left, and how speech regulators are keen to use the boot of government to stamp out dissent or criticism.

We now know the identity of the complaining parties as they have “appealed” (called a “Petition for Review” under the relevant rules) and they have made their appeal public. The complaining parties are: League of United Latin American Citizens (LULAC), by Luis Roberto Vera, Jr.; NAACP – Austin Chapter, by Nelson E. Linder; National Bar Association, Dallas Affiliate – J.L. Turner Legal Association, by Tatiana Alexander; Texas Civil Rights Project (TCRP), by James C. Harrington; La Union del Pueblo Entero (LUPE,) by Juanita Valdez-Cox; Charles W. Wolfram, Professor Emeritus, Cornell Law School; Author, Modern Legal Ethics; Renato Ramirez; Professor Robert P. Schuwerk, Co-Author, Handbook of Texas Lawyer and Judicial Ethics; Susan Martyn, Distinguished Professor of Law & Values, University of Toledo College of Law; Ronald Minkoff, Frankfurt Kurnit Klein & Selz; Past President, Association of Professional Responsibility Lawyers; Ellen Yaroshefsky, Clinical Professor and Director, Burns Center for Ethics in the Practice of Law, Cardozo School of Law.

One Last Hurrah for Texas Voter ID

From PJ Tatler:

Overnight the Supreme Court refused to reverse the stay imposed by the Fifth Circuit Court of Appeals and thus allowed voter ID to be required in the mid-term election in Texas.  This is procedural delay based on the idea that election rules shouldn’t change at the last second.

So voter ID gets one last hurrah in Texas.

But election integrity advocates shouldn’t celebrate too much.  Texas Voter ID is doomed.  After this next election, it is prohibited from being used.

Nor should much faith be placed in any appeal.  The plaintiffs won on two separate theories under the Voting Rights Act, and both are fatal to the law.  First, the court ruled that Texas voter ID was enacted with a discriminatory intent.  That finding alone dooms the law. And here’s the bad news: the chances of that finding being overturned are next to zero.  Proving discriminatory intent isn’t easy, but the court said the plaintiffs did it.  That’s a fact-based determination and will not be overturned unless it is clearly erroneous.  Appeals courts are deferential to lower courts on fact findings.  Why?  Because lower courts conduct the trial.  Lower courts see the witnesses, even if they sweat and squirm.  Appeals judges sitting in New Orleans can’t size up the witnesses like the lower court judge in Corpus Christi.

Second, Texas also lost on the results prong under the Voting Rights Act.  The plaintiffs pushed an outlandish theory for sure, and one that might get overturned on appeal.  They pressed the novel idea that any statistical disparity of the impact of voter ID dooms the law.  If blacks have ID less than whites, game over.  The problem is that the courts have so far rejected that idea.  You can be sure the Supreme Court will also.

But so what?  The intent finding stands and that means that the Texas law likely gets one last hurrah in two weeks.

What’s the solution?  For Texas to pass a new ID law lickety split.  A new law can be in place within a few days of the Texas legislature convening in January.   Pass something identical to the law approved in South Carolina or Georgia, and it’s lights out for the foes of election integrity.


Article printed from The PJ Tatler: http://pjmedia.com/tatler

Vote By Mail: Faith in Post Office

One of the many problems with vote by mail is that it is managed by one of the least popular and most inefficient companies in America: the United States Postal Service.  When states utilize vote by mail, they decide to put the outcome of their elections into the hands of the federal government.  The same people who brought you your neighbor’s mail will now be handling your ballot.

I encountered what reliance on the USPS can bring when I got my rain soaked and water destroyed mail this week:

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Constitutionalists File Briefs on Alabama Case

The Pacific Legal Foundation is taking the side of the Constitution in the Alabama redistricting case.

Today, PLF filed an amicus curiae brief arguing that the Court should discard the requirement that plaintiffs prove race was the “predominant factor” in redistricting. We argue that the predominant factor standard is inconsistent with the Supreme Court’s repeated holdings that race may not be a factor in any official decisionmaking. Unfortunately, the prevailing law has permitted consideration of race to become legitimate in redistricting debates, so long as it is coupled with “traditional” districting criteria such as contiguity and incumbency protection. This is directly contrary to the Equal Protection Clause’s mandate that government must treat people without respect to race.  Because it is undisputed that Alabama used race at least to comply with Section 5, we argue that the Court should apply strict scrutiny to the redistricting acts.

Editorial Page vs Letters to Editor on Voter ID

Voter ID is supported by large majorities of Americans.  In fact, polls show it is supported by nearly every demographic subset: whites, blacks, Hispanics, Republicans and Democrats.  All support voter ID by majority numbers.  According to polling data the only demographic that opposes Voter Id is white liberals.

You can see a manifestation of this disparity on the editorial pages of American newspapers.  Editorial pages are frequent critics because, you guessed it, most of them are run by white liberals. The disparity in support between the white liberals running editorial pages and the rest of America frequently manifests in letters to the editor on the same editorial page.

Here’s the latest example from the Fond du Lac Reporter’s editorial page:

Another headline about voter ID. Don’t try to tell me that 300,000 people in Wisconsin won’t be able to vote. Does this same number not buy cigarettes, alcohol, over-the-counter drugs, etc? All require an ID.

I had to show an ID this summer when I paid my granddaughter’s book bill at the University of Wisconsin-Fond du Lac campus as I used a debit card.

I’m sure the money being spent on this issue could be used elsewhere, maybe education which these groups constantly cry we’re not giving enough money. I have no respect for these groups involved in keeping the voter ID law out of voting. They must like voter fraud.

Elaine Miller

Elaine Miller is more in synch with the rest of America than most editorial page editors.

 

New Documentary on Voter Fraud Launches on BlazeTV Today

I’ll be joining the Blaze to talk about the new voter fraud documentary. Here is a piece about the show:

One such example came in February, when the Ohio legislature agreed to eliminate the “golden week” at the beginning of the election period where Ohioans can both register to vote and cast an in-person absentee ballot.

“There was a calculated attempt on behalf of political operatives to register and vote simultaneously when they were not eligible to do so, Ohio decided to change the law so that couldn’t happen again,” J. Christian Adams, a former Justice Department official and counsel at the Election Law Center, told TheBlaze.

Opponents of such protective measures characterize the efforts as “discriminatory” restrictions that will “disenfranchise” certain groups of voters. An excerpt from New York Times editorial board Sunday sums up this side of the argument:

Republican officials … around the country are battling down to the wire to preserve strict and discriminatory new voting laws that could disenfranchise hundreds of thousands, if not millions, of Americans,” the opinion reads. “Similar laws have been aggressively pushed in many states by Republican lawmakers who say they are preventing voter fraud, promoting electoral ‘integrity’ and increasing voter turnout. None of that is true.

Federal and state court rulings in TexasWisconsin and Pennsylvania have agreed with the NYT editorial opinion: “There is virtually no in-person voter fraud; the purpose of these laws is to suppress voting.”

But Republican voting experts say that couldn’t be further from the truth, citing recent high-profile examples that have raised questions about the real voting fraud numbers.

“It’s ironic that folks are anxious to return the law to a situation where it’s easy to commit voter fraud,” Adams said. “How much voter fraud is OK? Is one unit acceptable? Five units? One hundred units? How many instances do we have to have, and whose vote should be sacrificed?”

Reinforcing the point, Ohio Secretary of State Jon Husted released evidence in July “that a single vote can determine the outcome of an election.” Sixteen local races and four local issues on the ballot in the 2014 primary election were decided by one vote or through a tie breaker.

“In less than a year, 63 races in Ohio have been decided by one vote. This underscores the importance of election access and integrity, and why it is so important to make it easy to vote and hard to cheat,” Husted said.

Nevertheless, federal offices — partnering with leftist advocacy groups — filed legal motions to either stay or remove some state voting laws. In the memo filed in a North Carolina suit, the Justice Department argued that “unverified voters nevertheless represent a low level of possible fraud in view of the nearly half a million people who use (same day registration),” and claimed, “the provisions at issue were motivated by a discriminatory purpose.”

But the numbers simply don’t support the Democratic argument that Republicans have an agenda to suppress black voters in order to gain an electoral advantage in states like North Carolina.

In 2008 (when Democrats won the state) and 2012 (when Republicans won), African-Americans made up 23 percent of the electorate, according to the Washington Post. But when George W. Bush won the state by 12 points in 2004, exit polls showed 26 percent of the electorate was African-American.

Not all states seem to merit close scrutiny of their voting laws. Historically blue states — including ones that have stricter laws than some swing states — do not get the same level of scrutiny and legal action.

New York, Delaware, Pennsylvania, Michigan and Connecticut are among some of the historically blue states that lean Democratic in presidential elections but have no early voting or require an excuse for an absentee ballot. New Hampshire is a prime example: The state’s strict new voter identification law going into effect in 2015 eliminates student IDs — and state-issued voter identification cards — as valid forms of ID. The Justice Department has yet to file a suit in that historically Democratic state.

Voting experts say this disparity between how voting rights advocates chase after laws in certain states versus others is highlighted best by the “nonsensical” arguments coming from the Justice Department in the North Carolina case, with respect to early voting opportunities.

“The way they’ve structured their argument is, if you have any early voting and then you cut it back at all, you’ve violated the law. But if you have no early voting, you haven’t violated the law,” said Robert Popper, a senior attorney with the conservative watchdog group Judicial Watch. “That makes no sense, but that is their argument.”

Popper said this is one of the Justice Department’s primary tactics for targeting red or swing states.

“The way they set it up is as suspicious as a layman would think,” Popper told TheBlaze. “To argue, ‘If you have [early voting] then take it away, you violate the law, but if you never had it, then you aren’t breaking the law. Frankly, that’s as kooky as it sounds.”

And some voting process changes in primarily blue or swing states have gone completely uncontested by the Justice Department or by leftist advocacy groups, when it appears the decision may help a Democratic cause. Last year, Colorado’s Democratic-controlled state legislature approved — and Democratic Gov. John Hickenlooper signed — a bill drastically changing the voting process in the Centennial State: getting rid of all traditional polling stations and mailing each voter a ballot instead.

The law also established same-day registration, “which allows someone to appear at a government office and register and vote on the same day without showing photo ID or any other verifiable evidence that establishes identity,” National Review points out. “If they register online a few days before, no human being ever has to show up to register or vote. A few keystrokes can create a voter and a ‘valid’ ballot.”

Colorado’s upcoming U.S. Senate race between Democratic Sen. Mark Udall and Republican Cory Gardner is crucial, since the outcome could determine the balance of the Senate. The most recent Colorado Senate race in 2010 was determined by an 11,000-vote margin.

“These worries aren’t theoretical. This last election, El Paso County caught a person who registered five times using false information. County officials caught him, but only because they had 29 days before the election to investigate the registration fraud,” Colorado State Attorney Scott Gellar said. “Under an election-day registration scheme, this person would have been able to vote several times.”

Colorado’s El Paso County clerk, Wayne Williams, said the new law “takes us back to the corruption of 19th-century Tammany Hall,” and will degrade public confidence in the voting process and ballot integrity.

Hans von Spakovsky, a former Federal Election Commission official who leads the conservative Heritage Foundation’s Election Law Reform Initiative, said the state-by-state scrutiny from the Justice Department and leftist advocacy groups boils down to an intimidation and fear-mongering tactic.

“Unfortunately, they want to use this to scare their base,” he said. “You know they try to make this argument, ‘Republicans are trying to suppress your vote, therefore you need to go vote,’ and it helps them to try to raise money.”

“And frankly, most of the recent convictions for voter fraud have all been democrats,” von Spakovsky continued. “And so you have to wonder, are they against putting in place rules that will deter and prevent voter fraud because it will make it harder for them to commit it?”