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The Latest Evidence of Voter Fraud and Discrimination
National Review Online ^ | September 9, 2013 | Hans A. von Spakovsky and John Fund

Posted on 09/09/2013 1:32:32 PM PDT by neverdem

Obama-administration officials and their liberal camp-followers who routinely claim there is no reason to worry about election integrity because vote fraud is nonexistent suffered some embarrassing setbacks last week.

Federal law requires states to clean up their voter rolls. In 2009, the Obama Justice Department dismissed, with no explanation, a lawsuit filed by the Bush administration asking Missouri for such a clean-up. It has since taken no action against any other state or jurisdiction since it has an unofficial policy of not enforcing this requirement. But private parties are starting to force changes.

In Mississippi last Wednesday, the American Civil Rights Union won a significant victory for election integrity when a federal judge approved a consent decree(PDF) in which Walthall County agreed to finally clean up its bloated voter-registration list. The county has more registered voters than the Census says it has eligible voters. The ACRU sued the county (which went for Romney in 2012) under Section 8 of the National Voter Registration Act (NVRA), which requires election officials to maintain accurate voter rolls through a regular program that removes ineligible voters.

Walthall County will have to remove felons, noncitizens, decedents, and voters who have moved away from its registration list. As part of the consent decree, the county agreed to start checking its voter list against other state and federal records maintained by the Mississippi DMV, the state departments of vital records and corrections, the local court and local tax authority, the Social Security Administration, and the Department of Homeland Security. The county must also notify local and federal law-enforcement officials when it finds individuals who registered or voted illegally, such as felons and noncitizens. The ACRU has a second suit still pending against Jefferson Davis County, Miss. (which went for Obama in 2012).

This is the first time in the 20 years that the NVRA has been in force that a conservative group has sued to enforce Section 8, while liberal advocacy groups have filed many cases to try to stop election officials from cleaning up their registration lists, a practice which they foolishly label “voter suppression.”

In North Carolina recently, mounting a criticism of the state’s new voter-ID law, former secretary of state Colin Powell claimed there was no voter fraud. The Voter Integrity Project (VIP), a local citizens’ group concerned with election integrity, released a report on Wednesday that it finally obtained from the North Carolina Board of Elections “after repeated requests.” The report shows that there were 475 cases of election fraud that the Board “believed merited a referral” to prosecutors between 2008 and 2012. The fraud included double voting, impersonation and registration fraud, and illegal voting by noncitizens and felons. Not all of this fraud would have been stopped by voter ID, but there are certainly people willing to engage in fraud and we need to take a comprehensive approach to protect the security of the voting and election process.

As VIP also points out, the report raises the important question of why local district attorneys in North Carolina have been “so negligent in prosecuting” these referrals. That is no surprise to us – we detailed in our book Who’s Counting? How Fraudsters and Bureaucrats Put Your Vote at Risk how reluctant local prosecutors often are to prosecute election-fraud cases because of the potential political costs (like, say, being accused of voter suppression).

Finally, last Tuesday, lawyers for Arnold Davis, the retired Air Force major and resident of Guam who was told he could not register to vote for a plebiscite because he was not a “native inhabitant,” filed a brief in the Ninth Circuit Court of Appeals in his voting-rights lawsuit. NRO previously outlined the details of the blatant racial discrimination being practiced by the territorial government of Guam against those residents who are not members of the Chamorro racial group, whom the government considers the native inhabitants of the island.

The brief, filed by Doug Cox of Gibson, Dunn & Crutcher along with Christian Adams and the Center for Individual Rights, argues that the district-court judge made a fatal error when she dismissed the case, holding that it was not “ripe” for adjudication because Mr. Davis had not suffered an injury since the plebiscite had not yet been scheduled. As the brief points out, the lower-court ruling by Judge Frances M. Tydinco-Gatewood, who calls herself “a daughter of Guam and its first Chamorro woman judge” in her official biography, “ignores Supreme Court and Ninth Circuit authority holding that the denial of the right to register to vote is itself” an injury. Not only is Davis’s claim “ripe for adjudication now, but his injuries are compounded every day,” the brief argues.

Can anyone imagine a federal court in Mississippi telling black voters that they suffered no injury when they were refused registration because an election had not yet occurred? The reaction condemning such an outrageous ruling would have been swift and massive – yet Judge Tydinco-Gatewood’s ruling making this exact argument passed almost without notice in the national press.

The lawyers for Davis are asking the Ninth Circuit to strike down the “impermissible voting requirement so that all other eligible Guamanians can fully participate in the process of determining their Territory’s future without being subjected to racial discrimination,” rather than remanding the case to Tydinco-Gatewood. Such action is appropriate because prior Supreme Court decisions directly confirm “that such a race-based voting qualification is an affront to the United States Constitution.”

Given the error-ridden analysis of the district court judge and the prior case law that is directly on point, this should be a slam-dunk win for Davis. Eric Holder and his Justice Department are nowhere to be found in this case, and he never said a word about this real example of modern Jim Crow when he visited Guam last year.

Hans A. von Spakovsky is a senior legal fellow at the Heritage Foundation and John Fund is national-affairs correspondent for National Review Online.


TOPICS: Crime/Corruption; Editorial; Politics/Elections; US: Mississippi
KEYWORDS: electionfraud; votefraud; voterfraud

1 posted on 09/09/2013 1:32:32 PM PDT by neverdem
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To: neverdem

Vote fraud will never be seriously addressed until Republicans are seen to be benefiting from it.


2 posted on 09/09/2013 1:35:52 PM PDT by Paine in the Neck (Is John's moustache long enough YET?)
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To: neverdem

Problem is, there is plenty of vote fraud on the other end. The issue isn’t just fraudulent voters, but fraudulent election officials. They just kick out the poll watchers, or wait until they’ve gone home, then vote everybody who has not yet voted. Voila! Ninety-nine percent turnout with ninety-nine percent of the vote going for the Democrat candidates.


3 posted on 09/09/2013 1:41:33 PM PDT by Little Ray (How did I end up in this hand-basket, and why is it getting so hot?)
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To: Jet Jaguar; NorwegianViking; ExTexasRedhead; HollyB; FromLori; EricTheRed_VocalMinority; ...

The list, Ping

Let me know if you would like to be on or off the ping list

http://www.nachumlist.com/


4 posted on 09/09/2013 2:03:07 PM PDT by Nachum (I am Breitbartacus!)
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To: Paine in the Neck
Vote fraud will never be seriously addressed until Republicans are seen to be benefiting from it.

Bump

5 posted on 09/09/2013 2:05:31 PM PDT by VRW Conspirator (Producing Talk Show Prep since 1998.)
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To: Little Ray

It doesn’t matter who votes as much as it does who COUNTS the votes!!


6 posted on 09/09/2013 2:12:05 PM PDT by Ann Archy (Abortion......the Human Sacrifice to the god of Convenience.)
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To: Little Ray
...then vote everybody who has not yet voted...

Exactly. That is the motivation for the 'rats to lard up the voter rolls with so many registrations of both fake and unmotivated voters. They no longer care about actually moving bodies to the polls. They just vote in place of those bodies who either don't show, don't breath or don't exist.

7 posted on 09/09/2013 2:19:50 PM PDT by Paine in the Neck (Is John's moustache long enough YET?)
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To: Ann Archy

Voter legislation does count- RE: Colorado recall vote posted earlier today:

Left Cries Fraud After Caldara Casts Gypsy Vote in Recall Election

http://www.freerepublic.com/focus/f-news/3064425/posts

The newly enacted Voter Access and Modernized Elections Act, approved by Democrats with no Republican votes, allows Colorado voters who live in one district to cast ballots in another simply by affirming their intent to move to the district.

Longtime Boulder resident Jon Caldara declared it was his intention to live in District 11 in Colorado Springs, provided an address, signed an affidavit—and then received a ballot. For the record, he didn’t mark it. “I went in there and voted a blank ballot to make sure there was no distraction from the point of this, which is how easy it is to move around voters to different districts where they’re needed,”
snip
Caldara says he suspects the change was made by design, not by accident, in order to allow party power-brokers to shift voters from safe districts to toss-up districts in close elections.
“This law has made it so you can move voters around to where they’re needed,” he said.


8 posted on 09/09/2013 2:28:24 PM PDT by Whenifhow
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To: Whenifhow

I know it matters who votes, but it does matter even more as to who COUNTS the votes.


9 posted on 09/09/2013 3:17:40 PM PDT by Ann Archy (Abortion......the Human Sacrifice to the god of Convenience.)
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To: Ann Archy

Absolutely correct - counting the votes matters most!


10 posted on 09/09/2013 3:19:16 PM PDT by Whenifhow
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To: Little Ray
They just kick out the poll watchers, or wait until they’ve gone home, then vote everybody who has not yet voted. Voila! Ninety-nine percent turnout with ninety-nine percent of the vote going for the Democrat candidates.

And sometimes they accidentally but enthusiastically overdo it, with votes cast exceeding the voter base by several points.

11 posted on 09/09/2013 4:37:59 PM PDT by lentulusgracchus
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To: lentulusgracchus
As they make meaningless the ballot the they proportionately increase the probability of the use of the "subsequent" box...

μολὼν λαβέ


12 posted on 09/10/2013 2:26:00 AM PDT by wastoute (Government cannot redistribute wealth. Government can only redistribute poverty.)
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To: neverdem

How they clean up matters. David Orr in Cook County, IL (Obama country) sent a postcard which asked if you were the voter registered there. The card directed that if you weren’t you were to mail the card back.

That cleaned up the voter rolls in Cook County, but only if you wanted the fraud to remain pervasive.

The correct method is to drop everyone and have people affirmatively reapply to vote showing a state issued photo id. Then demanding the same at voting time.

Fraud will still continue, but it will be reduced from a bulk to a retail project.


13 posted on 09/11/2013 10:06:28 AM PDT by 1010RD (First, Do No Harm)
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