The real voter fraud

Living in a state that has had its voter ID law overturned for unconstitutional discrimination along with several attempts at gerrymandered districts, I have witnessed first hand Jim Crow-like voter suppression. In fact, the latest ruling against gerrymandering happened just two months ago, too late to change the districts for the 2018 election.

To avoid the obvious point, this is cheating. Both sides have cheated in the past, but using the wording of an appellate judge on the North Carolina GOP voter ID law, it was a “precision-like” effort to discriminate.

Sadly, the states of Georgia and North Dakota are witnessing orchestrated attempts to suppress votes. What makes the Georgia suppression efforts targeting African-American voters so inappropriate is the man running for Governor, Brian Kemp, oversees the voting process as Secretary of State. He is running against a Black female Democratic candidate, so this is blatant cheating and highly unethical.

In North Dakota, Native Americans are being discriminated against. Many use a PO Box for mail purposes, as their rural homes often do not have a physical address. So, a voting law was passed requiring the use of a street address or you have to go through more hoops to vote. The Native Americans tend to favor Democrats. Again, to state the obvious, this is cheating.

These laws are designed to address a fairly non-existent problem. Yet, the orchestrated public relation efforts of their advocates paints a much overstated problem. The laws tend to go beyond an innocuous sounding voter ID issue, which is discriminatory by itself. The laws tend to include other 21st century versions of Jim Crow efforts to make voting harder for people of color. Ironically, the one area that sees a more than a trace voting fraud is absentee voting by mail. Since this method has tended to favor Republican voters, it tends not to get included in the voter ID laws.

I am Independent voter who was a Democrat as a young adult and Republican as an older one. A key reason I left the GOP was a tendency by the party and its biased news support to make things up, far more than the Democrats. This obfuscation of the truth has actually gotten much worse with the current US President. So, from my vantage point, the only voter fraud I see is being perpetuated by the Republican Party.

Good news for NC voters

Amid the pervasive news out of Washington, the US Supreme Court refused to hear an appellate case that ruled the North Carolina Voter ID unconstitutional. This is excellent news for all voters, but in particular African-American, older and college student voters.

Within the law were highly discriminatory provisions designed with “surgical precision” per the US Court of Appeals in the 4th District to infringe upon African-Americans. It was designed to “kick Democrats butts,” so said a Buncombe County GOP leader on The Daily Show, a tape of which was shown during the court case. It should be noted the leader resigned the next day.

When I made reference to this law as “unconstitutional and Jim Crow-like,” to members of the NC General Assembly before it was passed, one of its authors strongly disagreed. My response was simple, “as a 56 year-old white man and former Republican, we both know what this law is about.”

It also attempted to solve a problem that is not significant. Voting fraud is not pervasive as some would let you believe. Numerous studies do not support the claim of more than very small numbers of voting problems. It should be noted that the attempt to discredit our Presidential election through claims of voter fraud was a key part of Russian meddling in October to create doubt.

And, a final key comment is important. The problem we face in our country is not enough people voting. To be such a significant democracy, we don’t have enough citizens participating in the process. We should be doing everything in our power to encourage not discourage voting. And, if voter fraud is such a concern, why did the NC General Assembly not include absentee voting in the law, where there is more fraud (still not a lot) than at the polling sites? The answer is who tends to vote in larger numbers as absentees.

Right now, my strong advice to the NC General Assembly is to not do what they are thinking about, trying to rework the law. The General Assembly has now had four laws passed in the last few years ruled unconstitutional. The solution is stop passing laws that are unconstitutional, not trying to see what you can sneak through.

Voter suppression is an ugly art form

Before the North Carolina General Assembly signed off on the Voter ID Law a couple of years ago, I wrote an email to members of the General Assembly. The thrust of my email is the law is unconstitutional and Jim Crow-like and should not be passed. I received a very ridiculing retort from a legislator who took offense that I dare use the term “Jim Crow-like” to describe the law. My response to him was much more straightforward – as a white man who used to be a Republican, you and I both know what this law is all about.

After its passing, Aasif Mandvi, as a member of Jon Stewart’s The Daily Show interviewed the Republican Party  precinct leader of Buncombe County which includes Asheville, NC. The GOP leader responded to questions in a comically racist manner then added the line defining what the law is all about. He said the law is designed to “kick the Democrats’ butts.” To some of his racist comments, Mandvi responded, “you do realize we can hear you?” The leader resigned the next day, with the State Republican leadership saying the Buncombe County leader’s remarks did not represent the party’s position. Based on my opinion, he resigned because he told the truth and it embarrassed the party (a link is below).

Last summer, to thwart off a negative court decision, the General Assembly softened the law trying to appease the judge. The leaders of the General Assembly recognized fully they had overplayed their hand. Yet, the unconstitutional elements remained. The appellate court ruling last week that the law is unconstitutional added some severe language to their ruling. The judges said the drafters “surgically” devised the features of the law to suppress votes of African-Americans by specifically focusing on racial voting data. The court even cited this interview as part of the evidence.

The General Assembly’s attorneys could not cite one example of voter fraud when asked in court, even though voter fraud is their stated reason for the law. Yet, while a miniscule amount of fraud might exist, per The Washington Post in an October 13, 2014 article called “The disconnect between voter ID laws and voter fraud,” most voting fraud occurs in the absentee ballots. However, most Voter ID laws, like the NC one, do not address this exposure. So, in my view, the only voter fraud occurred with the drafters of the Voter ID Law itself. And, when people focus only on the ID part of the law, that is only one part of the law that discriminates. The elimination of same day registration, fewer early voting days, fewer precincts for early voting and restrictions on students voting on campus all add up to voter suppression.

It took 100 years for African-American voters to be able to vote as promised following the Civil War. Jim Crow and voter suppression got in the way. After the Supreme Court foolishly decided certain aspects of the 1965 Voters Rights Act were no longer needed, these Voter ID laws were passed in multiple states using cookie cutter language. Four states just had their laws ruled unconstitutional, including North Carolina’s. It is time for we citizens to say enough to this General Assembly and stop using our tax dollars to pay for attorneys to allow discrimination.

http://www.businessinsider.com/daily-show-interview-don-yelton-racist-resign-2013-10

 

Voting rights have greatly evolved from when we started, yet are under attack

When our Constitution and Bill of Rights were drafted and approved about 225 years ago, only 5% of our people could vote. Women were not permitted to vote. Slaves were not permitted to vote, but were considered 3/5 a person to give more weight to predominant slave-owning states in Congressional representation. So, pretty much you had to be a property owner to vote.

Our history of voting rights has been an effort to increase the 5%. Slaves were given the right to vote when the Civil War ended, but when they had too much clout, Jim Crow slapped them down. Women were given the right to vote less than 100 years ago, which is still amazing it took that long when you look backwards from today. The Civil Rights Act and Voting Rights Act passed fifty years ago remedied Jim Crow’s suppression of African-American votes. And, it has taking an ongoing effort to make sure maltreatment of minority voters is not occurring.

Yet, we seem to have a hard time remembering what we are all about. I have written several times about the cookie cutter Voter ID Laws which have other features designed to suppress the vote of young college students, African-Americans and the elderly. Several of these laws have been ruled unconstitutional and are in various stages of appeal. In my own state of North Carolina, the most restrictive Voter ID Law will be on trial next year and should be overturned for unconstitutionally. The question is will it.

Also, in the last two years, our Supreme Court struck down some of the policing and auditing under the Voting Rights Act, saying it was no longer needed. To this day, I am wondering what country our Supreme Court justices reside in, as the country I live in still has some suppressive tendencies, as noted above. When people want less turnout to win an election, then something is wrong.

When you couple the above items with gerrymandering districts, we no longer have competitive elections in many places. The competition is in the primaries for each party and what we end up with, more often than not, are lesser candidates and officials. With so much strident extremism in our major political parties, a moderate candidate does not stand a chance. So, we citizens are malserved as we need more moderate candidates who can govern and understand their party does not have all of the answers. Some are not even permitted to understand the questions and problems per below and are not allowed to think for themselves.

I will be writing in the future about the recent rulings in the Supreme Court which made an age-old problem worse, by making it easier for a wealthy few to control elections. Money is now equated with free speech. Corporations are now people. Together, these rulings allow those with the most money to more easily write the rules. And, our country’s leaders are not listening as much to its citizens, paying more attention to its donors who helped them get elected.

This has got to change, as our problems are too apparent and opportunity is not equal in our country. And, those with the most money want to keep it that way. There is a movement to amend the constitution to restore order by overturning these Supreme Court decisions. In Massachusetts, Ohio, Illinois, Wisconsin, and Florida, citizens voted overwhelmingly for their legislators to pass a constitutional amendment to overturn the Supreme Court’s Citizens United v. Federal Election Commission ruling and declare that only human beings – not corporations – are entitled to constitutional rights and that money is not speech and campaign spending can be regulated.

Please look into the movement called Move to Amend and learn more about what it entails. But, also get more informed over the issues of the day and pay less attention to the spin-doctored misinformation offered by pseudo-news sources. We have to hold our leaders accountable, as it is a huge uphill climb.

Tuesday’s gone with the wind – a few odds and ends for this Tuesday

As a tribute to the great southern rock band, Lynyrd Skynyrd, I will use a chorus line of one of my favorite songs of theirs, to highlight a few odds and ends this Tuesday – “Tuesday’s Gone.” If you don’t know the song, give it a listen. You may also like “Call Me the Breeze” and “Simple Man” as well by the band. But, before Tuesday’s gone with the wind, here you go.

Economic recovery continues, but the recovery is continually challenged by people not spending. Wal-Mart announced a 5th consecutive quarter of negative same store results, year over year. They cite dampened wages as the culprit. When you have a heavy sales economy, people need to make a decent wage rate or they do what every else does, spend less. In this ongoing debate about minimum wage increase, this is a key outcome by not getting more money into people’s hands. By the way, you can trace the desperate nature of the retailer, car dealer or college, etc  in direct proportion to their eagerness to sell you something. I have had “final offers” made to me over and over again – but you said it was final three times ago.

Moral Monday’s in North Carolina have started up again, but the issues remain the same. They did help get more notice on the poor teacher pay plight which came to a head last year by limits and changes made by our conservative General Assembly. They have promised to do something this session and they need to or opportunity will be lost. The other issues remain – expand Medicaid to those in need, repeal the voter restrictive Voter ID Law which has been ruled unconstitutional in four other states and is on trial right now here, eliminate the severity of the unemployment benefit cuts which are highly punitive, and avoid fracking in our state. I attended my second Moral Monday yesterday and witnessed a diverse group of a couple of thousands people including doctors, teachers, professors, ministers and students. Their voice needs to be heard and heeded.

Failing to remember history, even recent history, can blind your reasoning, especially when people are adamantly against something they were for a few years ago. Former Senator Jim DeMint is adamantly against Obamacare, which is strange because it was patterned after Romneycare which he strongly advocated in writing, TV appearances and campaign speeches for Romney, as something we should do for the whole country. He particularly liked the mandate, as it shows personal responsibility, which he hates today. Newt Gingrich went on TV with Nancy Pelosi to show a united front that global warming was real and man-influenced and we need to do something about it. Newt noted he was wrong before to say it was a hoax. This change was in 2006. Then he ran for President in 2012 and he said he was wrong to say he was wrong. In this cases, two wrongs do not make a right. The make a wrong a wrong.

Finally, our friend Karl Rove won’t stop making a scandal out of nothing. This time Hillary Clinton is the target. Instead, why don’t we talk about a real scandal and ask Rove why his subordinate Scooter Libby went to jail. The greater question is why did not Rove who admitted later that he knew the same information that Libby did. Libby outed a CIA operative (Valerie Plame) in the press to discredit her husband who was a former Middle East ambassador that took issue with the Bush White House misusing his information inappropriately as evidence of Weapons of Mass Destruction as a reason to invade Iraq. The ambassador’s report said for the trail he looked into, there was no evidence, yet the White House said he did find something. Please feel free to Google various combinations of Karl Rove, Scooter Libby and Valerie Plame. My problem with this, is over 4,000 US soldiers (and countless civilians) died because of making up the WMD reason on false or unverified intelligence. That is a scandal.

Speaking of trails, happy trails to you on this Tuesday. Have a great week. I would love to hear your feedback.

 

There are votes and there are votes that count

A couple of events occurred last week that galvanized my concern for democracy in our country. They impede our essential right that each of our votes is important and it should be made as easy as possible for us to cast them. Yet, after last week, it is apparent that all of our votes are not important and they certainly are not equal. We have been evolving toward this, but American democracy is up for sale and it goes to the highest bidder. Unless you have a lot of money, your voice does not really count that much. If your call as a constituent is answered, it will only be after your legislator takes a call from someone across the country that funded his or her campaign.

Last week, our Supreme Court ruled on a case called McCutcheon vs. the Federal Election Commission. In essence, the 5 to 4 ruling said it was OK for someone to spread his or her money around and fund as many candidates as possible. Apparently, the previous rule was infringing on the freedom of speech of wealthy people to have a stake in candidates around the country. When added to one of the worst rulings ever made by our Supreme Court in the infamous Citizens United case, people with money and influence can attempt to buy as many elections as possible. The latter ruling on top of previous ones allows unlimited funding of Super PACs to fund advertisements to discredit an opponent of one they favor. These rulings make it easier for an oligarchy to rule our country and state. My friend Barney has a great post on this topic from last week: http://mountainperspective.wordpress.com/2014/04/page/2/

That was only the beginning of the week’s events. Various states like mine in North Carolina (NC) have put forth similar, restrictive voter suppression laws under the guise of Voter ID. A few months ago, a less suppressive law than the one in NC was found unconstitutional in Pennsylvania. The NC law is being sued for unconstitutionality by four separate entities with multiple parts of the law designed to suppress votes of the elderly, African-Americans and college students. This independent voter will not be surprised to see it declared as such when the ruling is made. In fact, the NC Attorney General told the legislature that this law was unconstitutional before it was passed.

These Voter ID Laws were passed to combat the illusion of rampant voter fraud. As former Secretary of State Colin Powell noted in a speech in Raleigh there is no evidence of rampant voter fraud. Our rampant voting problem in this country is not enough people voting. But, last week in an effort to show there is rampant voter fraud, a study was done and found 765 cases of potential dual state voting cases in the last presidential election in NC. This should be looked into as to why this happened, but let’s put things in perspective and look at the numbers. In the 2012 presidential election, North Carolinians cast 4,499,039 votes. If you divide 765 by 4,499,039 you get a result of .017% (less than 2/100th of a percent). This very low percentage would support Mr. Powell’s assertion that we do not have rampant voter fraud.

So, what should we do about all of this? First, we should mute every campaign commercial we can. Just don’t listen to what the funders are selling. In the last Presidential campaign, FactCheck.org said only 1 out of 3 commercials for Romney was fully correct and 1 out of 2 for Obama. So, with those percentages, you are more informed by not watching. Second, we should get informed about the candidates and not the party they represent. Read and watch reputable news sources and not those who will have a biased spin on the news or cover the game of politics and not the issues. The latter especially includes Fox News and MSNBC which provide a version of the news that is spun to fit the demographics of viewers.

Third, let’s advocate common sense voter laws. Let’s start with passing bi-partisan redistricting laws designed to prevent gerrymandering. Gerrymandering is harmful to governance and it hurts both parties, as we end up with unopposed candidates and makes it easier for politicians who are the party fringes to get elected. Next, let’s repeal all Voter ID Laws like the one in NC, before they are ruled unconstitutional; that will save legal fees and let us replace them with more common sense laws to promote voting. A new Voter law should include automatic runoff voting, which means you rank your candidates, so when a runoff is needed, the system can do a runoff election without another vote. This is far cheaper and runoff elections often vote in a candidate with fewer than 10% of the voters making it to the polls. Let’s also change how we call on people for jury duty. This is an impediment to people signing up for voting. And, let’s repeal any laws that make it easier to influence elections of judges. The change made last year in NC, e.g., is akin to the horrible Supreme Court decisions above as it gives people with money too much influence over judges.

Democracy is under fire. We need to do what we can to make all of our votes count. The above is a start. But, don’t just believe me, I would encourage you to watch Bill Moyers’ documentary from earlier this year called “State of Conflict – North Carolina” to get a better sense of how our democracy has been polluted in my state as an example of what can and is happening. http://billmoyers.com/episode/full-show-state-of-conflict-north-carolina/

Pennsylvania judge honors MLK with decision on voter suppressive law

On Friday, Pennsylvania Commonwealth Court Judge Bernard McGinley ruled that the Voter ID Law signed into law in March 2012 by Republican Governor Tom Corbett is unconstitutional and solving a problem that does not really exist by any great measure. In his 103 page ruling, Judge McGinley noted “Voting laws are designed to assure a free and fair election. The voter ID law does not further this goal.”

Per The Charlotte Observer, Judge McGinley “ruled that the law hampered the ability of hundreds of thousands of qualified Pennsylvanians to cast their ballots falling most heavily on elderly, disabled, and low-income residents, and that the state’s reasons for enacting the law – that it was needed to combat voter fraud – was unsupported by the facts.” He also noted the “communication designed to explain the law was filled with miscommunication which had never been corrected.”

This ruling will likely be appealed, but is consistent with the expectations of many attorneys that the law is unconstitutional. The law is actually not as over-the-top as the law signed in North Carolina earlier this year to serve the same unsupported claim of rampant voter fraud. I have written several times about the NC Voter ID Law, the latest of which can be found with the following link:

https://musingsofanoldfart.wordpress.com/2013/08/14/this-north-carolina-voter-is-embarassed-by-new-voter-id-law/

Before the NC Voter ID Law was passed, the Democrat NC Attorney General told the General Assembly and Governor the law was unconstitutional. Personally, I have written several emails to legislators about not passing this obvious Jim Crow type law. Some have written back in disagreement and the legislation was passed anyway. This has also been one of several issues that have been taken up by the Moral Monday weekly protestors which have led to the arrest of over 900 ministers, teachers, professors, attorneys and others.

And, if you watched an episode this summer on “The Daily Show” you will see an interview with a Buncombe County (Asheville, NC area) Republican Party  Leader, who was very animated about the purpose of this law – to suppress votes so GOP candidates could win. He was so over the top in saying what he believed to be true, the GOP asked him to step down. To their credit, the NC GOP did ask him to step down, but this was a party leader speaking, not just an extreme conservative voter. My friend Amaya in her blog The Brabble Rabble has a link to this episode.

http://thebrabblerabble.wordpress.com/2013/10/24/the-daily-show-video-suppressing-the-vote/

The NC Voter ID Law has four pending lawsuits against it. And, both the Governor and General Assembly have retained legal counsel, which will likely cost the state over $1 million in legal fees to defend. My hope is a NC judge will rule accordingly following the lead from Pennsylvania. So, I want to thank Judge McGinley for his very appropriate ruling. This is a nice tribute to Martin Luther King on our holiday to celebrate his life and work. We should not have to be dealing with issues like this, yet when people’s rights are trampled on, we need to follow the lead of the Moral Monday crowd and fight against it. Martin Luther King would want us to.

This North Carolina Voter is Embarassed by New Voter ID Law

My state of North Carolina is getting more national attention, but not the kind that puts us in a favorable light. This on the heels of a legislative session that brought us notoriety in the New York Times, Esquire Magazine, Real Times with Bill Maher, and various science magazines. The recent Voter ID Law is the latest example, which is
unfortunate. From this Independent, former GOP voter’s vantage point, the new
Voter ID Law solves for the wrong problem. The signficant problem in our country
is not the wrong people voting, it is not enough people voting. Our country and
state lag behind other democracies around the world in the numbers of voters who
turnout at the polls. We should be passing laws to enable more voters, not block
the path for more voting.

The ID part of the law is one element of the blocking. As a 54-year-old white man, it is hard for me to walk in the shoes of people who are disenfranchised or discriminated against by how they look. I can empathize, but I truly don’t have that perspective. And, I am amazed by the recent Supreme Court verdict that says we have insufficient discrimination in our country to continue parts of the national law to assure voter
non-discrimination. I wonder what country they live in, as discrimination still
exists today. This North Carolina and laws like it from around the country are prima facie evidence that this discrimination still exists – it is codified now.

When you add the voter ID with the elimination of Sunday voting, with the elimination of same day registration, with the reduction in time period for early voter, with the elimination in straight party ticket voting, with campaign disclosure changes, with the elimination in early registration and with not standing by your political advertisement, I see a law that is horribly flawed and not serving the mission of the people. One of its drafters was on PBS Newshour last night and kept referring to a survey that said 60% or 70% of North Carolinians support this law. First, off which is it – 60% or 70%? Second, I would like to see the survey as I would wager it is from a biased sourced and did not ask about all of the stuff passed with the Voter ID part of the law.

To this point, this morning, The Charlotte Observer reported the results of the newest NC poll by Public Policy Polling (PPP) on the new Voter ID law. only 39% of NC voters support the law, with 50% opposed to it. Tom Jensen, the PPP pollster noted that while the ID part of the law is supported by more voters, when the other parts of the law, many of which are noted above, are added in the law becomes “a loser.” For example, only 33% of voters support the restriction to the early voting period, with 59% opposed with even higher opposition with Independents and Democrats.

My GOP friends have told me and I have read claims that this is law is not designed to suppress the vote and is not Jim Crow like. Of course it is. Almost every feature passed in the law will be harmful to African-Americans who tend to vote Democratic. To say otherwise, is an insult to my intelligence. This is why our Attorney General in NC who is a pretty smart guy, is having a crisis of conscience. He will be asked to defend law suits claiming unconstitutionality and discrimination when he knows the litigants are correct.
I don’t know if the courts will be unduly influenced by the Supreme Court, but
in this person’s view I agree with the AG. This law is unconstitutional and
makes NC look backward.

I know a few of our legislators have shown a bent to label folks, if that makes what has been done alright. Anyone against the law is a liberal Democrat. One of the same folks has called anyone a tree-hugger for wanting to protect the environment, and so on.  I am not a liberal Democrat, but that should truly not matter. I voted for our GOP governor nine times in his campaigns over the years for Charlotte mayor and NC governor. He led Charlotte as a moderate and I was hopeful he would be able to hold back the tide against poor legislation like this, rather than sign it. Based on his signing this law among other laws passed this year, there will not be a tenth.

This law should be repealed along with a few others that are harming people and our economy. It is not in our best interests. Our taxpayers will have to spend a lot of money
defending something that is indefensible.