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Up to 5.7 Million Noncitizens Voted in Past Presidential Elections, Study Finds

By Fred LucasThe Daily Signal

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.


Americans Didn’t Elect Conservative Majorities To Live Like Liberals Are In Charge

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


Unable to Win Elections, Liberals Turn to SCOTUS

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


Supreme Court rules in redistricting case: Illegal immigrants can be counted

By Stephen Dinan     •      The Washington Times

In this Tuesday, July 7, 2015 file photo immigrants from El Salvador and Guatemala who entered the country illegally board a bus after they were released from a family detention center in San Antonio. Women and children are being released from immigrant detention centers faster on bond, with many mothers assigned ankle-monitoring bracelets in lieu of paying. (AP Photo/Eric Gay, File)

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


Supreme Court Got It Wrong: Noncitizens Shouldn’t Be Counted

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


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