Akina, et al. v. State of Hawaii
Hawaii’s Actions “Brazenly” Violate 15th Amendment, Brief States ALEXANDRIA, VA [...]
Hawaii’s Actions “Brazenly” Violate 15th Amendment, Brief States ALEXANDRIA, VA [...]
ALEXANDRIA, VA (Nov. 16, 2015) -- The on Thursday, Nov. 12, filed a lawsuit against a fourth Mississippi county for its corrupted voter registration rolls. This time, it was against Noxubee County, which has a long history of vote fraud and voter intimidation. As with the other three counties, voter rolls maintained by Noxubee contain more people registered to vote than citizens eligible to vote, according to the lawsuit, filed on ACRU's behalf by the Public Interest Legal Foundation. The complaint argues that Noxubee County's election commission is violating Section 8 of the National Voter Registration Act (NVRA). It was filed in the U.S. District Court for the Southern District of Mississippi, Northern Division. The ACRU's Mississippi legal campaign is having a demonstrative effect on other counties. New data show that since 2010, the number of counties with more registered voters than eligible residents has dropped considerably. In 2013, the ACRU won consent decrees in federal court for Walthall and Jefferson Davis counties to clean up their voter rolls. It was the first time in history that a private party had sued under the NVRA (better known as Motor Voter) and reached a consent decree to compel counties to clean up their voter rolls. In July, the ACRU sued Clarke County for having corrupt voter rolls. ACRU's review of databases revealed that as of 2015, more than 110 percent of Noxubee's voting-eligible citizens are registered. This strongly indicates the county has failed to purge the names of people who died, moved away or were convicted of disenfranchising felonies.
By Eitan Hersh (fivethirtyeight.com) In the ongoing fight between Democrats and Republicans over election procedures like voter ID and early voting, the Democrats are supposedly the champions of higher turnout and reducing barriers to participation. But when it comes to scheduling off-cycle elections1 like those taking place today, the Democratic Party is the champion of voter suppression. Indeed, few people will vote today (Nov. 3). Many elections are taking place, but almost all are for local offices. School boards, for example, are up for election in Houston; Fairfax County, Virginia; Charlotte, North Carolina and in hundreds of other communities that oversee the education of millions of schoolchildren. But only a small number of highly engaged voters will participate in the elections for these offices. Scheduling local elections at odd times appears to be a deliberate strategy aimed at keeping turnout low, which gives more influence to groups like teachers unions that have a direct stake in the election's outcome. But before getting into the details of off-cycle elections, consider the parties' basic positions on issues of voter participation. As election law expert Rick Hasen has noted, there is a philosophical divide between the parties. Supposedly, for Republicans, small barriers to participation can help the functioning of a democracy. For instance, in recent years, Republicans have been pushing a requirement that voters present identification when they show up to cast a ballot. They argue that voter ID laws can prevent fraud and foster confidence in the electoral system. But they also argue that if an ID requirement deters people who aren't particularly well-informed or invested in the political process, this might be a net benefit for the electoral system. The Democratic philosophy is different. For Democrats, universal participation is a value: All voices ought to be represented in the electoral sphere, so the government should not put up any unnecessary barriers to participation. Debates over issues like voter ID are politically explosive because each side suspects the other of having a strategic motive, not a philosophical one, for its position. Maybe Republicans want lower turnout not because it yields an informed electorate, but because it favors their side. Maybe Democrats promote higher turnout not because of an ideological commitment to civic engagement, but because higher turnout helps elect Democrats (though there is substantial disagreement on whether that is true). Nowhere are the strategic motivations -- and the hypocritical rhetoric -- of both parties more apparent than in the timing of elections. The election calendar in the United States is an insane mess. Exhibit A is New Jersey. New Jersey holds federal elections with the rest of the country on the first Tuesday after the first Monday in November of even-numbered years. But elections for state office in New Jersey are held in November of odd-numbered years. School district elections are held on the third Tuesday in April or else in November. And fire district commissioner elections are held on the third Saturday in February. It isn't just New Jersey. Most states -- 44 out of 50 -- hold some state and local elections off the federal cycle. Why? Political scientist Sarah Anzia, a professor at the University of California, Berkeley, gives a compelling explanation in an outstanding book published last year. The first point that Anzia makes is that the off-cycle election calendar is not a response to voter preferences; voters do not like taking multiple trips to the voting booth. Anzia asked a nationally representative sample of Americans if they prefer elections held at different times for different offices "because it allows voters to focus on a shorter list of candidates and issues during each election" or all at the same time "because combining the elections boosts voter turnout for local elections." Voters of all political stripes prefer consolidated elections, and by wide margins. But that's especially true for people who identify as Democrats, who prefer consolidated elections 73 percent to 27 percent. Consolidation is popular, and during the decade-long period between 2001 and 2011 that Anzia studied, state legislatures across the country considered over 200 bills aimed at consolidating elections. About half, 102 bills, were focused specifically on moving school board election dates so that they would coincide with other elections. Only 25 became law. The consolidation bills, which were generally sponsored by Republicans, typically failed because of Democratic opposition, according to Anzia. By her account, Democrats opposed the bills at the urging of Democratic-aligned interest groups, namely teachers unions and municipal employee organizations.
ALEXANDRIA, VA (Nov. 16, 2015) — The on Thursday, Nov. [...]
By Hans von Spakovsky Call the cops! It looks like someone is committing voter fraud in Indiana again! Ironically, in this case, however, the alleged fraudster who has been arrested by the Indiana State Police was a cop. Unfortunately, even officers who graduate from the Indiana Law Enforcement Academy are capable of violating the public trust by allegedly trying to steal an election. That is the case with Officer Lowell Ross Colen of the Rising Sun Police Department, a small Indiana town of around 2,300 people on the Ohio River across from Kentucky. Colen was apparently an average guy at the police department. According to his chief, Dave Hewitt, Colen was "fairly well liked and very loyal." Hewitt described Colen as the "kind of guy that would come in and put his time in." However, it seems Colen was doing more than providing for the public safety while on duty at the Rising Sun Police Department. Colen wanted individuals to vote for his father, Francis "Swede" Colen, in the 2015 May primary for city council. So, he allegedly proceeded to fill out absentee ballot applications for people who were not even eligible to vote in the election, and then voted with these ballots after he received them from election officials. According to the Indiana State Police Department, he forged the signatures of the supposed voters on some of the documents before turning them into the Ohio County, Ind. clerk's office. In some cases, Officer Colen is even believed to have been in uniform and on duty while committing the acts. In a twist of fate, the voting scofflaw was arrested in his home on charges of official misconduct, forgery, voter fraud and ghost employment. He has been charged with 13 felony counts, and is, of course, entitled to a presumption of innocence, so it remains to be seen what the final disposition will be. Nonetheless, this goes to show that, contrary to what some skeptics say, voting fraud does occur in this country. In local elections with small margins of victory, fraud is especially able to be the deciding factor.
By Walter Williams Voter ID laws have been challenged because liberal Democrats deem them racist. I guess that's because they see blacks as being incapable of acquiring some kind of government-issued identification. Interesting enough is the fact that I've never heard of a challenge to other ID requirements as racist, such as those: to board a plane, open a charge account, have lab work done or cash a welfare check. Since liberal Democrats only challenge legal procedures to promote ballot-box integrity, the conclusion one reaches is that they are for vote fraud prevalent in many Democrat-controlled cities. There is another area where the attack on ballot-box integrity goes completely unappreciated. We can examine this attack by looking at the laws governing census taking. As required by law, the U.S. Census Bureau is supposed to count all persons in the U.S. Those to be counted include citizens, legal immigrants and non-citizen long-term visitors. The law also requires that illegal immigrants be a part of the decennial census. The estimated number of illegal immigrants ranges widely from 12 million to 30 million. Official estimates put the actual number closer to 12 million. Both citizens and non-citizens are included in the census and thus affect apportionment counts. Counting illegals in the census undermines one of the fundamental principles of representative democracy --- namely, that every citizen-voter has an equal voice. Through the decennial census-based process of apportionment, states with large numbers of illegal immigrants, such as California and Texas, unconstitutionally gain additional members in the U.S. House of Representatives thereby robbing the citizen-voters in other states of their rightful representation.
Republican presidential candidate Ben Carson dismissed the idea that restrictive anti-voter fraud requirements could be racist, echoing the position of Kansas Secretary of State Kris Kobach -- a champion of such measures who has called accusations of racism a personal insult. "I've made it my personal project, every time I visit a country outside the U.S., to ask what do they do to ensure the integrity of voting? There's not one single country anywhere -- first world, second world, it doesn't matter -- that doesn't have official requirements for voting," Carson said on Oct. 16. "My question to those people who say we're racist because we apply those standards: Are all the other countries of the world racist? I don't think so. Voting is an important thing. Obviously, you want to make sure that it's done by the appropriate people." Carson made the comments in an interview with The Topeka Capital-Journal ahead of a planned appearance in Topeka. Kobach, who is also a Republican, drew fire from Democratic presidential candidate Hillary Clinton, who posted a tweet linking to a New York Times story on Kansas' plan to purge incomplete voter registrations older than 90 days. She commented: "We should be doing everything we can to get young people more engaged in our democracy, not putting up obstacles." The tweet was the second time Clinton has criticized Kobach in recent months. In August, Clinton called the purge of the incomplete registrations a "targeted attack on voting rights." In both cases, Kobach hit back. Last week, he said every noncitizen vote cancels out a citizen's vote. "The Hillary Clinton campaign is unhappy with the fact that Kansas has the most secure election system in the country," Kobach said.
WINSTON-SALEM, N.C. -- A federal judge has refused to dismiss portions of federal lawsuits challenging North Carolina's upcoming voter identification requirement, setting up a likely trial early next year. U.S. District Court Judge Thomas Schroeder denied the motion from attorneys for the state during a court hearing Oct. 18 in Winston-Salem. The state wrote that the voter ID claims filed in 2013 by civil rights groups, voters and the federal government are moot because the legislature eased the photo identification requirement that begins in 2016. The plaintiffs argued the modified voter ID mandate still threatens to burden black and Hispanic voters, who are less likely to have qualifying IDs. Photo ID is supposed to begin with the March 15 primary.
TOPEKA, Kan. (AP) - Secretary of State Kris Kobach's successful push to require new Kansas voters to document their U.S. citizenship has spawned three lawsuits, including one he pursued against a federal agency in trying to enforce the policy. Kansas is one of only four states that make new voters show a birth certificate, passport or other citizenship papers. The Kansas requirement took effect in 2013, and Kobach has directed county election officials to cancel more than 31,000 incomplete registrations, most from people who've failed to comply with the requirement.
A federal district court on Tuesday refused to expand the kinds of identification voters can use, rejecting the arguments made by a special interest group that aimed to make voting easier for students, veterans and people with out-of-state driver's licenses. The American Civil Liberties Union (ACLU) filed a lawsuit against Wisconsin's voter ID law earlier this year, claiming the law was unconstitutional due to its limitations. The ACLU asked the court Oct. 5 to expand the law to include IDs for veterans, IDs for technical college students and out-of-state driver's licenses. They argued the law arbitrarily excluded those classes of people. District Judge Lynn Adelman rejected the ACLU's arguments in his decision. Adelman explained that a line must be drawn between acceptable and unacceptable forms of ID, otherwise the state would have to create and maintain an infinite list. Adelman believed the logistics of expanding the list of acceptable forms of ID could hinder the state's capability of administering the law, but also conceded the state could have added veteran's IDs to the list. "To be sure, Wisconsin probably could have included veteran's ID on the list ... without significantly increasing its administrative burden," Adelman said in his opinion. "However ... the state had to draw the line between acceptable and unacceptable forms of ID somewhere."