A New York State Supreme Court justice has ruled that a new law allowing 800,000 noncitizens to vote in local elections in New York City was unconstitutional. The case will be appealed to the Court of Appeals, the state’s highest judicial body, but it’s a promising start.
Justice Ralph Porzio noted that the state’s constitution explicitly says only eligible citizens can vote. That can be changed, but only by a vote of the people in a referendum, a move the hyper “woke” city council didn’t dare to embrace when it passed the law allowing green-card holders and work-visa holders the vote last year. They knew noncitizen voting is unpopular — even radical San Francisco voters gave the idea only 54 percent approval in 2016.
There are few limits on how far the woke Left will go to change the rules of voting. In 2019, a majority of House Democrats voted to lower the federal voting age to 16 years, from 18.
The very notion of noncitizen voting is fraught with peril, especially in a big city such as New York. Few experts believe that, in a place where noncitizen voting is allowed, there would be effective enforcement of laws still barring illegal aliens from voting.
In 2016, New York Board of Elections commissioner Alan Schulkin, a Democrat, was videotaped at a party by Project Veritas confirming the existence of voter fraud and decrying the city’s failure to require voter ID. “Certain neighborhoods in particular, they bus people around to vote,” Schulkin said on the tape. “They put them in a bus and go poll site to poll site.” Schulkin was promptly forced to resign for speaking his mind by then-mayor Bill de Blasio.
Senator Marco Rubio of Florida, himself the son of Cuban immigrants, has introduced a bill to prohibit federal funding to states and localities that allow foreigners to vote. “It’s ridiculous that states are allowing foreign citizens to vote,” Rubio says. “However, if states and localities do let those who are not U.S. citizens to vote in elections, they shouldn’t get U.S. citizen taxpayer money.”
I am in favor of having people legally living in this country establish ties to the community and have a say in their governance. As Howard Husock, a senior fellow at the American Enterprise Institute, says, “the right way to bring noncitizens into the electoral process at the federal, state, and local levels is old-fashioned: encourage them to become citizens.” It’s not hard for legal residents to go that route — they must have been in the U.S. for five years, pay some fees, and pass a test, given in English, on U.S. institutions.
What is so unfair about the system we have now? The answer is that it doesn’t suit the blatantly political imperatives of the woke Left, and that is a key reason noncitizen voting must be rejected.
The American political system is far from perfect but is generally considered to be better than most all others. Its openness, transparency and level of citizen involvement may be unequaled anywhere else in the world.
Still, some look upon the way America elects its officials as a fundamentally flawed, anti-democratic process prone to cheating. The proponents of major change, once considered to be on the fringes of politics, have moved a lot closer to the center of power in both major parties in the last few years.
There are lots of ideas for reform on the table. One that continues to gather steam originated in the aftermath of the election of 2000, when the country had to wait weeks before it knew which candidate—former vice president Al Gore or then-Texas governor George W. Bush—carried Florida and, with it, a majority in the electoral college.
Everyone knows how it finally turned out. A group of disappointed Democrats, however, believing Gore had been denied victory not by the voters but by Supreme Court Justices loyal to the GOP, began considering ways to ensure it never happened again. They proposed a method for choosing presidential electors based on the results of the national popular vote for president.
The idea is now drawing support from some Republicans as well because, they say, presidential campaigns currently rely so much on the critical “swing states” that each state where the outcome is more or less is predictable is neglected. As a result, millions of potential GOP voters stay home because, as far as choosing a president is concerned, their votes don’t matter much at all.
Every American should believe their vote counts. Under the terms of the proposed National Popular Vote Interstate Compact (NPVIC), the candidate who receives the most votes nationwide would win all the electors from states that are members of the compact. This mechanism, its proponents say, would incentivize both major parties to compete for every vote in every state.
Critics of the idea have called it unconstitutional, arguing it changes the process for choosing a president without a constitutional amendment or congressional approval. Supporters say that’s not so—the compact leaves the Electoral College intact but changes the way states party to it choose their electors. That’s a privilege the Constitution reserves for the state legislatures. Currently, 15 states and the District of Columbia, covering nearly 200 electors combined, have enacted legislation bringing them into the NPVIC, which only goes into effect when enough states with enough electors to determine the outcome of an election—270—sign on.
Regardless of what people say about it, it’s an idea that may someday come to pass. Many Republicans resist the idea because they believe it will give Democrats the opportunity to steal an election through fraud in cities in big states like Illinois, New York and Pennsylvania. Those concerns are blocking the compact from advancing further because the majority of state legislative chambers are currently controlled by the GOP.
That’s not going to last forever. Such things can turn on a dime, like in 1974 when the GOP lost hundreds of seats nationwide thanks to Richard Nixon’s misdeeds. It looks increasingly likely Joe Biden‘s mismanagement of the presidency will produce similarly tremendous losses up and down the ballot for the Democrats this November.
The smart move for anyone who cares about election integrity would be to take up the issue of fraud and potential fraud now. As much as some people seem to believe voter identification laws will do the trick, it’s the issue of the voter rolls and their accuracy that should occupy their time.
The best protection against future fraud, say some election law experts, would be changing the way voter rolls are maintained to keep them clean. States should henceforth require that deceased voters be removed from the rolls no more than 30 days after a certificate of death is registered.
The relevant officials in each state should also have to review county tax rolls to see if the addresses listed on the voter rolls given by people when they register are indeed residential or other permissible addresses as required by state law. Similarly, court clerks should be required to send weekly or monthly reports to election officials identifying people to whom jury summons are undeliverable so they may be struck from the lists.
Finally, we might all be better served if we treated voter registration like we do drivers’ licenses by putting an expiration date on it. Voters, especially those who are put on the rolls automatically because of the federal Motor Voter law, should be required to renew their registration every few years to help maintain the accuracy of the lists.
These reforms are common sense and, if enacted, would do much to reassure a nation rocked now and again by charges of fraud. Elections are too important for their vital elements not to be maintained with the highest degree of scrutiny.
Stacey Abrams and I have a lot in common. We’re both proud Southerners. We both hail from the only two states with schools that beat the Crimson Tide this season. We both think Joe Biden made the wrong VP pick. We both believe we won gubernatorial elections. Of course, only one of us is right on the last point — but as an Aggie, I respect the power of a healthy self-esteem.
We now have one more thing in common: We both skipped the Biden-Harris phony election-reform show in Atlanta. Not that I was invited: What would a three-term major-state governor who presided over historic expansion of voting (and minority-group participation in voting) know about elections, anyway? But Stacey Abrams was invited. And the fact that she didn’t come tells you just how dead-on-arrival the White House’s elections agenda actually is.
The motivation for Abrams’s no-show is twofold. Not more than two years ago, she was openly campaigning to become Joe Biden’s vice-presidential pick, transparently attempting to leverage liberal media into forcing him to pick her. It didn’t work, and now she has an opportunity to return the snub. She’s drawing with her an array of Georgia-based left-wing advocacy groups, who have declared that they too will refuse to attend the president and vice president’s Atlanta event — on the grounds that the White House has been too slow, and too tentative, in advancing their agenda.
The second element to the absenteeism is the fact that the president, the vice president, and their elections agenda are profoundly unpopular in Georgia. Stacey Abrams is campaigning for governor there (again), and wants to win (she would say again to that too), and there’s no compelling reason for her to tie herself to the negative-ratings deadweights that helm her national party.
Even without the officeholder unpopularity, the fact is that Georgians — like most Americans — are reasonably happy with their elections, and also reasonably happy with the post-2020 legislation that has addressed many of the process flaws exposed in that cycle. The fact that the Democrats and the progressives have talked themselves into an elections agenda that doubles down on those flaws, and introduces more uncertainty into the elections system, only highlights their disconnect from the lived reality of ordinary Americans.
(Another sign of that disconnect: trying to hold a political rally in Georgia on the very morning after the Dawgs broke a forty-one year national-championship drought. It’s political malpractice on a level so appalling, it could only be exceeded by sending Paul Finebaum to Guantanamo. Now that I write that, I fear the vice president will convene a task force to make it happen.)
Of course, they’re also disconnected from one another. Joe Biden and Kamala Harris were also in Atlanta, Georgia to give the progressive base exactly what it has been demanding for years. The progressive base, instead of pocketing the small victory, is sabotaging the moment by staying away. We already knew this was a movement that doesn’t have what it takes to govern — the president’s disastrous 2021 was proof enough of that — and now we have evidence that it also doesn’t have what it takes to win.
That’s good news for Americans, in Georgia and beyond. Even though the president and vice president are in Atlanta advocating for a truly terrible agenda, that agenda isn’t going to happen. They can’t lead their own movement. But even if they could, Americans want nothing to do with it. When you’ve constructed a political fantasy too far out even for Stacey Abrams, you know it’s time to pack it in.
Bill would restore voting rights to felons, require states to provide mail-in voting
Senate Majority Leader Chuck Schumer (D., N.Y.) on Monday threatened to scrap the upper chamber’s filibuster to pass Democrats’ controversial election reform bill.
Schumer said the Senate will “debate and consider changes” to Senate procedures by Jan. 17 to overcome the filibuster’s 60-vote threshold, saying Republicans have exploited the rule to “embarrass the will of majority” and block Democrats’ so-called voting rights legislation.
“In June, August, October, and once more in November, Republicans weaponized arcane Senate rules to prevent even a simple debate on how to protect our democracy,” Schumer wrote in a “Dear Colleague” letter. “We must adapt. The Senate must evolve, like it has many times before.”
Schumer’s letter comes as the Freedom to Vote Act languishes in the Senate amid staunch Republican opposition. Without a change to Senate rules, Democrats would need 10 Republicans to back their legislation—a number they have thus far failed to reach.
Sens. Joe Manchin (D., W.Va.) and Kyrsten Sinema’s (D., Ariz.) opposition to eliminating the filibuster has stymied previous efforts to alter Senate voting procedures. A group of Democratic senators, however, have in recent weeks tried to persuade the two lawmakers to back reforms that would weaken the vote threshold, according to Politico.
The Democrats’ election reform bill would restore voting rights to convicted felons, require states to offer mail-in voting, and mandate two weeks of early voting, among other measures. Republicans have long opposed the legislation, calling it a partisan power grab.
“This is clearly an effort by one party to rewrite the rules of the political system,” Senate Minority Leader Mitch McConnell (R., Ky.) said in March 2021.
For each of the challenged provisions, DOJ's complaint alleges black voters are burdened more than white voters in Georgia's new voting law.
On Friday, the Biden administration filed suit against Georgia, challenging numerous aspects of the state’s Election Integrity Act of 2021. While many of the allegations contained in the nearly 50-page complaint struck a surreal chord, assessing the merits (or lack thereof) of the lawsuit requires an understanding of the Voting Rights Act. Here’s your lawsplainer.
Last week, the Biden administration, through the Civil Rights Division of the Department of Justice, filed a one-count complaint against the state of Georgia, the Georgia State Election Board, and Georgia’s Secretary of State Brad Raffensperger, pursuant to Sections 2 and 12(d) of the Voting Rights Act.
The latter provision, Section 12(d), authorizes the attorney general of the United States to file a civil lawsuit against states and local election officials for alleged violations of the substantive provisions of the Voting Rights Act, such as Section 2. Further, under the Voting Rights Act, the federal government may seek injunctive relief to block voting laws from taking effect.
Section 2 of the Voting Rights Act currently prohibits any “standard, practice, or procedure” that “results in a denial or abridgment of the right of any citizen of the United States to vote on account of race or color.” The “results in” language here proves key, because when Congress first passed the law in 1965, Section 2 prohibited only a “standard, practice, or procedure” “to deny or abridge the right of any citizen of the United States to vote on account of race or color.”
As originally drafted, then, the Voting Rights Act only prohibited intentional discrimination. However, following the Supreme Court’s decision in City of Mobile v. Bolden, wherein the high court held that Section 2 only bars “the purposefully discriminatory denial or abridgment by the government of the freedom to vote” on account of race or color, Congress amended the language of Section 2 to prohibit practices that “result” in the “denial or abridgment” of the right to vote.
To prevail on a Section 2 claim, then, the Department of Justice need not establish a state such as Georgia intended to deny or abridge the right to vote based on race or color. Rather, Section 2(b) provides that a violation “is established if, based on the totality of circumstances, it is shown that the political processes . . . are not equally open to participation” because members of a particular race or color “have less opportunity than other members of the electorate to participate in the political process and to elect representatives of their choice.”
Based on this statutory language, courts have developed a two-step analysis to determine if a practice violates Section 2. First, courts ask whether the practice provides members of a particular race or color “less opportunity” than others “to participate in the political process and to elect representatives of their choice.” Second, the burden must be “caused by or linked to ‘social and historical conditions’ that have or currently produce discrimination.”
While the courts seem to agree on this two-prong approach to Section 2, in practice the lower courts have reached conflicting assessments of the validity of various laws. For instance, the Seventh Circuit upheld Wisconsin’s voter ID law against a Section 2 challenge, while the Fifth Circuit rejected Texas’s Voter ID law.
Most extreme, however, was the Ninth Circuit’s application of the two-prong test in Brnovich v. Democratic National Committee. In Brnovich, the en banc court held that Arizona’s “out-of-precinct” provision, which required voters to cast their ballots in the correct precinct, violated Section 2 of the Voting Rights Act.
The appellate court also struck Arizona’s ballot-harvesting ban that made it illegal for individuals to possess another person’s ballot, other than election officials, mail carriers, caregivers, family, or household members. In striking Arizona’s voting law, the Ninth Circuit focused heavily on the disparate impact of the challenged provision, as opposed to whether minority voters have an “equal opportunity” to vote.
Brnovich is currently on appeal to the U.S. Supreme Court, and experienced court watchers expect the justices to reverse the Ninth Circuit and uphold Arizona’s voting laws. Beyond the bottom line in Brnovich, the Supreme Court will likely also define the appropriate standard for lower federal courts to apply in analyzing Section 2 claims.
While it is unclear what guidance the Supreme Court will provide or what standard the justices will adopt in Brnovich, it is likely the majority will stress that a mere disparate impact on voters is insufficient. Yet the gist of the DOJ’s entire lawsuit against Georgia is that select provisions of the Election Integrity Act impact black voters at a higher rate than white voters.
Specifically, the DOJ complains that black voters are “disproportionately burdened” by the challenged provisions of Georgia’s Election Integrity Act of 2021. And what exactly are those challenged provisions?
First, the DOJ complains that Georgia prohibits the distribution of unsolicited absentee ballot applications then also bars private organizations from distributing duplicate absent ballot applications. Next, the DOJ challenges Georgia’s requirement that in requesting an absentee ballot that voters either provide their driver’s license number or present a photocopy of another form of identification — but even a utility bill would suffice.
Also challenged are limits on the time period for requesting absentee ballots and limits on the number and location of absentee ballot drop boxes. Finally, the DOJ challenges Georgia’s ban on out-of-precinct voting and the distribution of food or drinks by private organizations to persons waiting in line.
For each of these challenged provisions, the complaint alleges black voters are burdened more than white voters. But even under current precedent — outside the liberal Ninth Circuit — that is not enough. Rather, the question is whether under the totality of the circumstances the challenged provisions deny black voters an equal opportunity to participate in the electoral process and that that burden is caused by historical or current race discrimination.
Given that Georgia’s law provides more generous early voting and absentee voting opportunities than many other states, it is difficult to see how a court would find these provisions violate Section 2 of the Voting Rights Act. Further, if, as expected, the Supreme Court in Brnovich, upholds Arizona’s challenged provisions, the precedent will be even stronger in Georgia’s favor.
For now, though, Georgia must answer the DOJ’s complaint. At that point it is likely the DOJ will seek a preliminary injunction barring enforcement of the law. However, to obtain a preliminary injunction, the DOJ must establish a likelihood of success on the merits. We will then get a first sense of how presiding Judge J.P. Boulee, a Trump appointee, views the DOJ’s case.
Before then, though, we will know how the Supreme Court views Section 2 challenges to state voting integrity laws, with a decision in Brnovich due in the next month or so.
The Susan B. Anthony List (SBA List) released a national poll Monday of likely voters that found a strong majority of voters support limits on abortion after 15 weeks of pregnancy and the rejection of abortion on demand.
The poll, which was conducted on the heels of the U.S. Supreme Court’s announcement it would review Mississippi’s 15-week abortion limit and consider the question of whether all “pre-viability” bans on abortion are unconstitutional also found likely voters much more likely to support Republican candidates who back a 15-week limit on abortion versus Democratic candidates who back unlimited abortion.
“Among other findings, this survey of 1,200 likely voters showed that there is a strong center-right coalition that supports the Supreme Court allowing significant limits on abortion. In short, a strong majority of voters oppose unrestricted, abortion on demand, throughout pregnancy. Additionally, this study strongly indicates that the pro-life side of the issue enjoys significantly more intensity than the pro-choice side. Politically, the pendulum has swung decisively in our direction,” said the polling firm OnMessage Inc., in its analysis of the data.
Among the key poll findings:
-53 percent of likely voters said they were more likely to vote for a Republican candidate who supports a 15-week limit on abortion versus just 28 percent of voters who prefer a Democratic candidate who supports unlimited abortion up until the moment of birth. Independent voters break strongly to the GOP side by a 54 percent to 18 percent margin.
-55 percent of likely voters say they are more likely to support a 15-week limit on abortion when they learn that an unborn child has the capacity to feel pain.
-43 percent of likely pro-life voters identified abortion as being “very important” (10 on a 1-10 importance scale) in deciding their vote for an elected official, while only 29 percent of pro-choice voters said the same.
“The majority of voters reject late-term abortion and the Democratic candidates who shamefully advocate for it. At 15 weeks, unborn children can feel pain, and most European countries limit abortions at this point. There is strong support among the American people for our nation’s laws to finally catch up with science and international norms,” SBA List President Marjorie Dannenfelser said in a statement announcing the results.
SBA List recently launched a $2 million video ad campaign asserting the humanity of unborn children. The 30 spot is airing on national cable, including on Lifetime and Bravo networks, as well as select streaming services, and in the Washington, D.C. media market on top news stations.
The case before the U.S. Supreme Court is Dobbs v. Jackson Women’s Health Organization.
Thousands of ballots appear to have been lost in heavily Republican Butler County, PA., leaving officials confused and working with the U.S. Postal Service to retrieve them, the Pittsburgh Post-Gazette reported Friday.
“Over the last week and a half, the Bureau of Elections has received thousands of calls and emails from voters saying they did not receive their mail-in or absentee ballots,” a statement from the county said. “The postal service is maintaining daily contact with our Elections Bureau and is aware of the situation.”
Estimates on the number of missing ballots run into the tens of thousands. According to published reports, the county Elections Bureau mailed out nearly 40,000 with just about half returned as of Thursday.
A spokesperson for the postal service said in a statement to KDKA-TV, “Regarding mail sorting and delivery in Butler County, the Postal Service is unaware of any significant delays or issues and is in regular contact with the Board of Election as we work to locate and deliver ballots as they are presented to us.”
County officials said they would focus on the challenges of providing voters who may not have received mail-in ballots with other options to vote in the upcoming election rather than spend time on finding the ballots that have apparently gone missing. They also that all returned ballots would be recorded on the county web site within the next 48 hours so voters should be able to check if their mail-in ballots were received.
Neighboring Westmoreland County has had similar troubles with ballots this week, the paper said, but numbers are improving. County officials said Friday evening that 52,729 mail-in or absentee ballots have been returned out of the 75,642 that were sent to voters.
Tuesday was the last day for Pennsylvania voters to apply for an absentee or mail-in ballot. Nonetheless, the paper said, a steady stream of voters visited the Butler County Courthouse Friday afternoon to drop their completed mail-in ballots off in person.
“My wife and I decided to drop them off today because we don’t think it would get in on time if we had mailed them,” Anthony Grossi, of Butler, told the paper.
Anyone whose ballot is missing may, the county suggested, go to the Bureau of Elections and vote in person. The office will be open from 9 a.m. to 1 p.m. Saturday and 8:30 a.m. to 6 p.m. Monday. Or they may vote on Tuesday at their local polling place.
Everyone who has considered universal mail-in ballots for any length of time knows it would be disastrous.
With the upcoming presidential election, the left is increasingly dispensing with logic and common sense as they push for universal mail-in ballots. It doesn’t take much to see what a disaster this election would become under such an approach. As Attorney General Bill Barr rightly responded when asked if he had evidence that a mail-in ballot election could be rigged, “No, but I have common sense.”
The same logical fallacies that plagued the ridiculous 2+2=4 controversy are now repeated ad nauseam to convince Americans they should adopt universal mail-in ballots to ensure a fair and safe election. In states such as California and Nevada, residents have received mail-in ballots automatically.
Many have gone along with universal mail-in ballots because “experts” endorse them, not necessarily because they have examined the reasoning behind the movement. Arguments from authority, a popular logical fallacy these days, will successfully sway many people who have no interest in looking into the matter. If a so-called fact-checker such as Snopes labels “mostly false” the claim that universal mail-in ballots are vulnerable to fraud, many will agree and assume the issue is closed.
For those who bother to examine the reasoning for universal mail-in ballots, they will find more logical fallacies behind it all. Beyond relying on arguments from authority, many advocates of universal mail-in ballots will primarily mix up the terms to muddy the waters and derail the conversation, conflating absentee voting, early voting, and universal mail-in voting and treating them all alike. As a bonus, they then accuse President Donald Trump of being a hypocrite for applying for a mail-in ballot himself, and pop-star pundits such as Taylor Swift will stridently condemn his refusal to increase funding for a dysfunctional U.S. Postal Service.
To be clear, an absentee ballot requires an application and various forms of authentication from the person making the request. Universal mail-in ballots do not require an application or much authentication from the voter, so no one can say where they go or who is filling them out. Early voting is simply another option for people to vote before the Election Day rush. Each method works differently, so no one should equate the success of one method with the others. Trump successfully mailing his ballot to Florida doesn’t somehow justify sending a random mail-in ballot to a deceased cat.
Another tactic that abuses the same fallacy is to equate one state’s experience with that of every other state. Mail-in voting proponents love pointing to Utah’s universal mail-in ballots — and what conservative American could argue against anything Utah does? Utah, however, has built up the infrastructure to distribute and collect universal mail-in ballots while other states, such as New York and California, have not, which explains the long delays in tallying votes and innumerable ballots being voided.
If those opposing universal mail-in ballots can make it through these bad arguments, they will then run another one: that mail-in voting has shown little actual evidence of fraud. This statement begs the question because few people ever explain how fraud is detected for a mail-in ballot. In most cases, ballots are verified by a simple signature. If election officials detect a difference between the signature on the ballot and another signature presumably on file, they can report an instance of fraud, which a court can then arbitrate.
This means a person counting votes has every reason to accept a signature and no reason to contest it, unless he wants to go through a messy legal process he might not be able to win. If this is the case, there could be many instances of fraud in mail-in voting, but no one would ever really know.
Furthermore, instances of election officials losing ballots or throwing them away, which happens often, does not actually count as fraud. Even if one-fifth of ballots from New Yorkers might never be counted, that doesn’t necessarily translate to massive fraud in universal mail-in ballots, but massive incompetence. This distinction thus allows Trump’s opponents to attack him for using the word “fraud” when “failure” would be a much more accurate term.
Using universal mail-in ballots would be like giving a test to a class without bothering to proctor it, count out the number of tests correctly, nor even pass it out to the correct students. No one reports any cheating — not the students, the random kids who have a copy of the test, nor the negligent proctor. When the administrator collects the test, he finds many copies in the trash. In the end, however, everyone involved claims the test was fair and that changing this method of testing would be unwarranted and discriminatory.
That’s why everyone who has considered universal mail-in ballots for any length of time knows it would be disastrous. As Barr said, common sense strongly argues against universal mail-in ballots.
Nonetheless, common sense means little when so many people accept the false dilemma of risking their health to exercise their right to vote. As House Speaker Nancy Pelosi, a woman who said marijuana could be used to treat COVID-19, declared without a hint of irony, “People should not have to choose between their health and their vote, and that’s very important.”
Pelosi is right to say voting is important, but she’s wrong to say it’s a choice between health and voting. It really a choice between accepting reason or succumbing to insanity.
President Trump has repeatedly warned of potential voter fraud associated with mass mail-in ballots for the November election, but a bigger threat might be sheer incompetence. Can we really rely on the U.S. Postal Service to handle a nationwide influx of mail-in ballots beginning next month?
So far, there’s not much reason for confidence. Last week in New York City, the Board of Elections threw out more than 84,000 mail-in ballots for the June 23 Democratic primary. That was out of a total of nearly 319,000 mail-in ballots, which means about 21 percent of all mail-in ballots were invalidated.
The New York Post reported, “One out of four mail-in ballots were disqualified for arriving late, lacking a postmark or failing to include a voter’s signature, or other defects.” What’s more, it took six weeks to declare a winner in two closely watched Democratic congressional primary races, largely because of delays associated with a surge of mail-in votes.
Elsewhere around the country, similar problems are cropping up. In Pennsylvania, mail-in ballot problems kept tens of thousands of residents from voting in the June primaries. In California, more than 100,000 mail-in ballots were rejected in the March presidential primary, mostly for missing the postmark and arrival deadlines.
Missing deadlines is turning out to be a real problem. A recent NPR analysis of 2020 mail-in primary ballots found significant rates of rejection because of late arrival. In Virginia, for example, more than 5.6 percent of all primary mail-in ballots were thrown out for arriving after the deadline. The numbers themselves are not large, but in a close election they can make all the difference—after all, Trump won in 2016 because of just 80,000 votes in three key states.
All these problems suggest the Postal Service isn’t prepared to handle an influx of voting by mail this November, as well as the possibility that no winner will be declared on election night because of mail-in ballot delays.
Postmaster General Louis DeJoy last week said the Postal Service is expecting “an unprecedented increase in election mail volume due to the pandemic,” yet insisted it “has ample capacity to deliver all election mail securely and on time in accordance with our delivery standards.”
Based on all the mail-in ballot problems we’ve seen so far this year, that doesn’t seem to be the case. The Postal Service has been bleeding money for a long time—its losses this year reached $1.5 billion, compared to $1.1 billion last year—and the coronavirus pandemic has made things worse as the volume of mail sent by businesses has plummeted. Last month, the Postal Service agreed to a $10 billion loan from the U.S. Treasury Department after congressional negotiations to give the service as much as $25 billion fell through.
DeJoy’s efforts to manage these losses, which include a hiring freeze for leadership positions announced last week, have been denounced by Democrats who sound increasingly like conspiracy theorists. Rep. Gerry Connolly of Virginia, the Democrat who chairs the committee overseeing the postal service, accused DeJoy of “deliberate sabotage to disrupt mail service on the eve of the election—an election that hinges on mail-in ballots.”
Democrats complain that DeJoy, a Republican and a Trump supporter, is a “partisan” postmaster general, and that his efforts to shore up the Postal Service are really a ploy to steal the election.
But to the extent the Postal Service has a political bias, it certainly isn’t DeJoy’s fault—and in fact, it goes in the other direction. Last month, the American Postal Workers Union’s National Executive Board endorsed Joe Biden, saying in a statement that Trump is “a serious threat to our decent postal jobs, our unions and to the right of the people to a public Postal Service.”
That’s not to say there’s a conspiracy in the other direction, that Postal Service workers are going to mishandle mail-in ballots on purpose to hurt Trump. Only that relying on a failing government agency like the Postal Service to ensure the integrity of a presidential election might not be a good idea, especially given all the problems we’ve already seen with mail-in ballots in primary elections this year.
As many as 5.7 million noncitizens voted in the 2008 election and potentially more voted in 2016, according to a new study by Just Facts, a New Jersey-based research group, drawing on information from other studies.
The study—based on data compiled from Harvard University’s Cooperative Congressional Election Study, an analysis published in the journal Electoral Studies co-authored by Old Dominion University faculty, and Census data—also provides some support for what then-President-elect Donald Trump tweeted in late November, when he asserted he won the popular vote if the fraudulent votes were deducted. The Just Facts study did not look specifically at 2016.
The study by Just Facts, which identifies its point of view as conservative/libertarian, but says it maintains independent inquiry, determined as few as 594,000 and as many as 5.7 million noncitizens voted in 2008, in the race between Democrat Barack Obama and Republican John McCain. Eighty-two percent of noncitizens who admitted to voting in a survey said “I definitely voted” for Obama.
An estimate from 2012, which the study finds to have less complete data, is between 1 million and 3.6 million noncitizens registered to vote or voted, including both the “self declared” and the “database-matched” populations.
Democrat Hillary Clinton won the popular vote over Trump by about 2.9 million votes in 2016.
Previously, an Old Dominion University professor’s analysis found that, extrapolating on a more extensive 2014 study, an estimated 800,000 noncitizensvoted in the 2016 election—falling well short of enough to affect the popular vote.
James Agresti, president of Just Facts, was cautious about stating whether this would have changed the result of the popular vote in the 2016 election. He concluded it is likely the number of noncitizen voters in the most recent presidential election was higher than eight years ago.
When asked if noncitizen voters changed the popular vote outcome in 2016, he said, “There is a distinct possibility.”
“The 3 million vote margin would be smack in the middle,” Agresti told The Daily Signal. “I don’t want to say it would. There are a lot of uncertainties. It’s possible.”
There are two ways of looking at the noncitizen voting figures for 2012, Agresti said. Based on the Harvard and Census data, between 1 million and 2.6 million noncitizens voted under “self-declared.” However, there are between 1.2 million and 3.6 million “database-matched” noncitizens who voted that year. So the full range is 1 million to 3.6 million. Because of the overlapping information, Agresti is particularly cautious about drawing conclusions here.
“Just Facts does not have all the data needed to calculate inclusive figures for the 2012 election, so these figures are undercounts,” Agresti said.
Hans von Spakovsky, a senior legal fellow at The Heritage Foundation who has written extensively about voter fraud, was not very familiar with Just Facts, but he said if the findings were true, it lends more evidence to a growing problem.
“This is just another indication of how serious the problem may be and why it is even more important to investigate the possibility of noncitizens voting,” von Spakovsky told The Daily Signal.
In May, Trump named Vice President Mike Pence to chair the Presidential Advisory Commission on Election Integrity.
The difference between the Just Facts finding and the estimate from Old Dominion University research is likely because of a different methodology, said Jesse Richman, an associate professor of political science at Old Dominion University, who did the aforementioned study that arrived at 800,000 noncitizen votes in the 2016 election.
“My impression is that the differences arise principally from the different assumptions we made about how to treat individuals for whom there was some ambiguity about whether they voted or not, e.g. individuals who said they didn’t vote but had a validated vote, etc.,” Richman told The Daily Signal in an email. “There are a variety of assumptioans one could make about how to treat those individuals, and my general impression is that this is the main thing driving the differences between our results.”
Richman’s figure was based on the 2014 study he co-authored that looked at noncitizen voting in the 2008 and 2010 elections. Richman applied the methodology from the study of those years to arrive at an estimated 800,000 noncitizen voters in 2016.
By Rich Logis • The Federalist
Remember the famous garden scene in “The Godfather,” when Marlon Brando’s character, Don Vito Corleone, warns his son, Michael, played by Al Pacino, that someone close to the family will arrange a meeting where Michael will be assassinated?
The real-life political equivalent of that landmark cinematic moment is playing out before our very eyes, with the Republican National Committee and congressional Republicans. On the omnibus, on the Second Amendment, on border safety—almost every issue—the GOP continues to betray the family. Who is the family? The American people, that’s who.
In fairness, yes, Justice Neil Gorsuch’s confirmation, the president’s constitutionally bona fide federal judges, and tax reform were big wins in the last year. But we didn’t elect the biggest GOP majority in the modern era to take baby steps, did we? We colored the map red (even though guaranteed red states no longer exist) to take giant leaps, especially after eight years of mostly impotent GOP opposition to President Obama. And let’s be honest: 90 percent of the reason our map was red was because of President Trump. Continue reading
By Kyle Sammin • National Review
Last month, the Supreme Court heard arguments in Gill v. Whitford, which concerns gerrymandering in Wisconsin. Gill is the latest of many instances in which progressives have taken to the courts to advance their electoral cause when they couldn’t win at the polls. The plaintiffs in the case advanced a novel theory, the “efficiency gap,” which purports to varnish their old arguments with a fresh coat of mathematical certainty, replacing politics with math, whether the people agree or not.
One problem with elevating recently invented theories to the level of constitutional law is that they are found nowhere in the Constitution. But even if you are willing to overlook that important detail, there is also the lack of evidence that the “efficiency gap” theory is true. It works for the Gill plaintiffs because they think it would achieve the result they want: more Democratic state legislators. But, as the 2017 House of Delegates elections in Virginia have recently shown us, the theory has serious flaws.
There are many factors that go into the construction of legislative districts, some of which are necessarily at odds with one another. Since the 1840s, Congressional districts have in general been single-member and geographically contiguous. The same typically applies at the state level. There are also Continue reading
By Stephen Dinan • The Washington Times
A unanimous Supreme Court ruled Monday that illegal immigrants and other noncitizens can be counted when states draw their legislative districts, shooting down a challenge by Texas residents who said their own voting power was being diluted.
The ruling does not grant noncitizens the power to vote, but says the principle of one person, one vote doesn’t require localities to only count those who are actually eligible to vote when they are deciding how many people to put inside of each district.
Justice Ruth Bader Ginsburg, writing for the court, said even though only eligible voters are supposed to cast ballots, elected officials represent all people within their districts, and it is that act of representation, not the election itself, that the boundaries are drawn to. Continue reading
by Hans von Spakovsky • The Daily Signal
In a loss for voters, the Supreme Court has ruled unanimously against two residents of Texas who had argued that the Texas legislature diluted their votes when it used total population to redraw state Senate districts.
In Evenwel v. Abbott, the Supreme Court allowed states to use total population in redrawing district lines, even though that this includes a large number of noncitizens (legal and illegal), felons, and others who are ineligible to vote.
Sue Evenwel and Edward Pfenninger challenged the state Senate districts drawn by the Texas legislature using total population in 2013. They claimed that both the number of citizens of voting age and the number of registered voters in their districts deviated substantially—between 31 and 49 percent—from the “ideal” population of a Texas Senate district. They argued that this disparity significantly diluted their votes in comparison to those of voters who live in districts with large numbers of non-voters. Continue reading