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.

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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.

Something interesting is going on

Several of my well respected blogging friends have done a lion’s share of work around the need to audit the 2016 Presidential election results. There have been countless concerns expressed in academia that the very surprising result should be verified. Plus, there has been enough noise around hacking threats following the alleged Russian involvement in the email hacking, that verification is essential.

Well, thanks to Jill Stein, the Green Party candidate, there will be a review of the election results in three key battleground states that surprisingly went to Donald Trump, the President-elect – Wisconsin, Michigan and Pennsylvania. Hillary Clinton’s campaign has notified the states that she will have legal representation during the process given its importance.

This news does not sit well with the President-elect, nor does the news that he has lost the popular election by over 2 million votes. He has claimed that the general election result includes millions of undocumented aliens offering no evidence. One of the conservative websites that is long on wind, but short on substance, has said something similar, so in Trump’s mind it must be true if it is on the internet. But, this claim has been noted as unproven.

Yet, what is interesting is Trump is now claiming that there is voter fraud in Virginia, New Hampshire and California, again without evidence. Why would he do that? The simplest explanation is distraction, a technique which he used throughout the campaign. If a news items looks, feels or could be bad, distract the audience with a sleight of hand. In other words, if there are problems here, then they should look over there and why isn’t anyone reporting on it, as if it is a conspiracy?

If he feels there is a problem in those three states, he can file a claim to have the votes recounted. To me, he fears there maybe some bad news in the three states in which Stein has raised an issue, where the vote differences are less than 120,000 votes in total. I would welcome any recounts, where concerns exist.

I am not here to say there is definitely a problem, but I do feel the results should be audited. My reason is the Russians have influenced other elections and went to great trouble to hack two separate email systems releasing the emails to the public through WikiLeaks. And, per a news report from several security experts on PBS Newshour a few months ago, they firmly believe the Russians would alter some emails, as well before release.

These security analysts also reported that some entity has been probing various voting machines over the past many months, mostly unsuccessfully. Yet, while one source could not change every machine, due to the distributive nature of the process, an entity could affect select voting machines. So, my thesis is why would the Russians be satisfied with just hacking and changing emails?

Will this change the outcome of the election? I don’t know. But, I do think the American people are owed a clean and fair election, regardless of the outcome. So, I support an audit, as should any candidate. Yet, I do think it is interesting that the so-called winner is using his distraction techniques at this juncture, as if he suspects something is amiss himself. To be frank, nothing seems to surprise me about this election, as everything has been surprising. This could be just one more thing.

 

 

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

 

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/