Tag Archives: Election Reform

Coronavirus Pandemic, Election 2020, Election Reform, Governor Andrew Cuomo, News & Photo Features, NYS Acts to Contain Coronavirus, Voting, Voting Rights, Elections

NYS Takes Dramatic Steps to Expand Absentee and Early Voting; Launches Public Awareness Campaign

September 9, 2020 krubin

Voting will have a very different look in 2020. New York State is taking dramatic steps to expand absentee and early voting to address concerns over the coronavirus pandemic. “To say this election is the most critical in recent history is understating its importance. We want to make sure every vote in New York is counted and every voice is heard,” Governor Cuomo said. © Karen Rubin/news-photos-features.com

Voters Can Learn More About Absentee Voting And Early Voting In New York By Visiting ny.gov/earlyvote

New York State had long been criticized for having some of the most restrictive rules for voting, resulting in some of the lowest turnout rates in the country. But that has changed with a series of reforms aimed at making it easier to vote, including making absentee voting (vote-by-mail) an option available to all, new early voting, to meet the coronavirus crisis so that casting a vote does not have to be a life-and-death choice between exercising a citizen’s most cherished right, and their health.

In addition, Cuomo issued executive orders allowing registered voters to drop off their completed absentee ballot at a Board of Elections office, early voting location or Election Day voting location without requiring them to wait in line with in-person voters. Boards of elections are required to develop and submit a plan to the State Board of Elections by September 21 and make it publicly available.

Meanwhile, the state is launching a public awareness campaign to ensure New Yorkers know all the ways they can vote in November’s election, including voting early, voting absentee, or voting in person on Election Day.

“Because of COVID, this year New Yorkers have several options when it comes to casting their ballot. You can vote early, vote absentee, or vote in person on Election Day, and I am issuing an executive order to ensure boards of elections have plans in place to safely receive the anticipated additional volume of absentee ballots through in person return,” Governor Cuomo said.”To say this election is the most critical in recent history is understating its importance. We want to make sure every vote in New York is counted and every voice is heard.”

Absentee ballots can be dropped to county boards of elections offices as soon as voters receive their ballot; any early voting location between October 24th and November 1st; and at polling locations on Election Day. By dropping off an absentee ballot at a county board of elections office, early voting site or polling location, New Yorkers can avoid Post Office delays and the need for a stamp.

Most New Yorkers can now request an absentee ballot for the first time under a new law the Governor signed expanding eligibility to all voters who have concerns regarding COVID-19. They should check the “temporary illness” box on their absentee ballot application. To learn more about absentee voting and early voting in New York, visit ny.gov/earlyvote.

The state has launched an absentee ballot portal where voters can directly request an absentee ballot for the upcoming November 3rd election.

Given an expected unprecedented increase in the use of absentee ballots and concerns about the reliability of the United States Postal Service, today’s executive order ensures an expedited, dedicated line for returning absentee ballots in-person, or a contactless drop box in every county.

The state made several sweeping election reform steps in advance of the November 3rd election.

On August 20, Governor Cuomo signed into law a three-part election reform package to make it easier for New Yorkers to vote and be counted in November, including: allowing absentee ballot applications to be submitted to a board of elections immediately; expanding the necessary protections to allow a voter to get an absentee ballot due to risk or fear of illness including COVID-19 and; ensuring all absentee ballots postmarked on or before Election Day or received by a board of elections without a postmark on the day after the election will be counted. Ballots with a postmark demonstrating that they were mailed on or before Election Day will be counted if received by November 10.

On August 24, Governor Cuomo issued an Executive Order to further bolster and support New Yorker’s right to vote by requiring county boards of elections to take the following actions:

Send a mailing outlining all deadlines for voters by Tuesday, September 8.
Send staffing plans and needs to the New York State Board of Elections by September 20 so BOE can assist in ensuring adequate coverage.
Adopt a uniform clarified envelope for absentee ballots and require counties to use it.
Count votes faster: require all objections to be made by the county board in real time, make sure that boards are ready to count votes and reconcile affidavit and absentee ballots by 48 hours after elections.
Provide an option for New Yorkers to vote absentee in village, town and special district elections.

“All board of elections make sure they have everything in place, the staff in place, to count the ballots as soon as possible,” Cuomo said. “And the board of elections have to report staffing plans and any needs for additional staff. If they don’t have the staff. Tell us tell us before. So you can get the staff because you have to be able to count the ballots. You have to be able to tabulate the vote. We want it done and we want it done right, but we want it done timely. We don’t want to hear after-the-fact excuses for why you couldn’t do it. Tell us how you’re going to do it before-the-fact, and your staffing plan from the board of elections that will actually do that.

“This election is going to be one of the most critical in modern history. It will be controversial. You already hear the statements questioning the vote, and the accuracy of the vote, and mail-in ballots. We want to make sure that every vote is counted; every voice is heard and that it’s fair and right and accurate.”

“The federal administration has ordered an unprecedented attack on the U.S. Postal Service and with COVID-19 threatening our ability to have safe, in-person voting, these measures are critical to ensuring a successful and fair election at one of the most important moments in our nation’s history,” Governor Cuomo said. “These actions will further break down barriers to democracy and will make it easier for all New Yorkers to exercise their right to vote this November.”

New Laws Will Make It Easier for New Yorkers to Vote and Be Counted in November

S.8015-D/A.10833 Authorizes Voters to Request an Absentee Ballot Due to Risk of Illness, Including COVID

S.8783A/A.10807 Authorizes Voters to Request Absentee Ballots Starting Today

S.8799A/A.10808-A Allows Ballots to Be Postmarked On the Day of the Election, November 3

Senate Majority Leader Andrea Stewart-Cousins said, “Voting access is one of the core foundations of our democracy. With the ongoing COVID-19 pandemic, we must ensure that no New Yorkers feel pressured to put their health and well-being at risk to exercise their Constitutional right to vote. I thank the bill sponsors for advancing this legislation, and my Senate Democratic Majority colleagues for their ongoing

commitment to empower New York voters and Governor Cuomo for signing these bills.”

Assembly Speaker Carl Heastie said, “The Assembly Majority knows that democracy is best served when it is easier, not harder for Americans to vote. But the administration in Washington is once again proving that they do not value these critical democratic institutions, going as far as attacking the U.S. Postal Service to limit access to voting by mail. Here in New York, we will not stand for that. Earlier this year, we passed legislation to expand voters access to mail in voting, and we will continue to fight to make it easier and safer for New Yorkers to exercise their constitutional right to vote, and protect the integrity of our elections.”

Relating to Absentee Ballot Requests Due to Risk of Illness (S.8015-D/A.10833)

This legislation gives voters the right to request an absentee ballot due to risk of illness to themselves or others.

Senator Alessandra Biaggi said, “COVID has upended every aspect of our lives — but we cannot allow it to undermine our democracy and New Yorkers’ sacred right to vote. I introduced S8015D to ensure that no New Yorker will have to choose between their health and fulfilling their civic responsibility. Unfortunately, during the June election too many New Yorkers had to make that very choice because they did not receive their ballots on time. I want to thank Governor Cuomo for signing my bill to provide every New Yorker with the assurance that they can vote via absentee ballot come November and to give the Board of Elections the time they need to prepare. I also want to extend my gratitude to Senate Majority Leader Andrea Stewart-Cousins and my colleagues in the Legislature for their partnership and commitment to protecting our democracy.”

Assemblymember Jeffrey Dinowitz said, “Today is a great day for our democracy in New York State. As we continue to work on ways to increase voter efficacy in the absentee ballot process, I thank Governor Cuomo for signing this bill into law so that New Yorkers do not have to choose between risking public health and fulfilling our civic duty to vote. I am proud that New York State can stand in contrast to our White House administration by taking steps to make it easier and safer to vote, instead of casting political dispersions that erode our core democratic institutions.”

Relating to Absentee Ballot Requests (S.8783A/A.10807)

This legislation authorizes voters to request absentee ballots immediately, 30 days before Election Day, adding almost 7 weeks to the amount of time a voter has to vote by absentee ballot. This legislation eliminates an outdated statutory provision that prevents voters from requesting absentee ballots until 30 days before Election Day. The legislation gives voters reassurance that they will receive and can cast their vote in a timely manner.

Senator Zellnor Myrie said, “With an increasing number of voters planning to vote by absentee ballot this year, it is important to give local boards of election sufficient time to process applications and send out ballots, and maximize the time voters have to complete and return them. This legislation is part of our continued effort to expand access to voting, during the pandemic and beyond. Voters should have full confidence that, whether they use a mailbox or a ballot box, they can exercise their rights safely, securely and without obstacles.”

Assemblymember Al Taylor said, “The COVID-19 health crisis has transformed life as we know it, including how we vote. This year we saw a tenfold increase in absentee ballot requests, with more people than ever choosing to vote by mail to protect the health of their families and community. With this new reality, we must ensure voters can exercise their rights in future elections both safely and efficiently, and that includes receiving absentee ballots in a timely fashion. I am honored to continue the fight to expand and protect voting rights in New York alongside my colleagues as we build upon the progress that’s already been made while helping our neighbors stay safe. Thank you Governor Cuomo for signing this bill into law.”

Relating to Ballots Postmarked on Day of Election (S.8799A/A.10808-A)

This legislation allows ballots to be postmarked on the day of the election, November 3. The legislation also amends election law to allow the Board of Elections to count all absentee ballots that have a time stamp showing it was delivered to the Board of Elections the day after the election but does not have a dated postmark. The Board of Elections shall deem those ballots mailed in a timely fashion.

Senator Michael Gianaris said, “It’s critical we learn the lessons of the primary election and ensure every valid vote counts in November. The bill being signed today will help insulate voters from problems caused by difficulties with the US Postal Service. I’m grateful the Governor is enacting it.”

Assemblymember Rodneyse Bichotte said, “The legislation the governor is signing today will ensure that New Yorkers’ right to participate in the electoral process is protected. We saw unprecedented absentee voter turnout during the primary, but because of financial challenges at the United States Postal Service, many ballots did not receive timely postmarks. We must rise to the occasion and make sure that voters across the state can safely and effectively cast their votes. This legislation will help to address problems with the Post Office, by ensuring that absentee ballots that do not receive a postmark are considered timely if they are received by the Board of Elections the day after an election. This protects the integrity of votes and enfranchises the voter. I thank Gov. Cuomo for signing this bill and my colleagues in the Legislature for supporting New Yorkers by ensuring that their constitutional right to vote is protected.”

Election Reform, Trump Administration, Voting Rights

‘Election Integrity’ Commission Eliminates Middleman in Giving Trump, Republicans Tools to Steal Elections

July 5, 2017 krubin

Trump’s “Election Integrity” commission should be less focused on whether there were 3 to 5 million fraudulent votes cast, than how Russia – and any future cybercriminal – hacked 39 states’ election rolls. The fact it isn’t, points to its true purpose. © Karen Rubin/news-photos-features.com

By Karen Rubin, News & Photo Features

While everyone was obsessing over the latest Trump twitter outrage, his administration was moving forward with the latest assault on democracy and American rights. His Orwellian-named “Presidential Advisory Committee on Election Integrity“ (which is anything but), otherwise known as the Voter Fraud Commission, sent out a letter signed by Kris Kobach to every state’s election official “requesting” (since the commission has no real authority or power) their entire voter database, including party registration, a decade’s worth of voter history, address, partial social security number, birthdate, military service and felony convictions, and whether the voter is registered in more than one state.

Indeed, Secretaries of State, be they red, blue, purple or green, are horrified at the notion of transmitting this information, which, contrary to Kobach’s claim, is not “public.” Moreover, there are “protected classes” such as victims of domestic violence, whose private information is shielded. Louisiana told the commission to “jump in the Gulf”; Kentucky’s said “there isn’t enough bourbon” that would make her deliver this information.

But Kobach’s “request” sounds less like an effort to find out whether our elections are honest and fair, versus a data mining operation for Trump and the Republicans so that they can expand upon their tactics of the 2016 campaign – focusing on fake news, social media trolling in pinpointed districts where just a small nudge could tilt the balance in their favor- which is why a mere 70,000 votes across three states trumped a loss of 3 million popular votes for Hillary Clinton nationally.

That is what is at the heart of the Russia collusion investigation – and what Kobach and his commission, if he is really interested in “election integrity” should be examining, but clearly they are not, because Trump was the beneficiary and because it contradicts his claim of a “mandate” to unleash his ultra-rightwing agenda.

And what if they find that there are 5 million or even 10 million people who have registered in more than one place – like Ivanka Trump and Steve Bannon – or that there are 1 million “dead people” still on the rolls? Unless they voted twice or if a dead person sent in an absentee ballot, they did not alter the result.

What is more, Kobach is demanding this data be sent over unsecured email servers, an engraved invitation from this inept administration for malevolence, when even government agencies as secure and cyber-sophisticated as the NSA, Pentagon, Office of Personnel Management, the Secretary of State’s office, indeed the election rolls of 39 states, have been hacked.

The cyberattacks are getting more and more dangerous, moving closer and closer to infrastructure – like shutting down utility plants, the power grid, air traffic control, rail switching stations, and yes, voting databases and machinery. Putin’s goal was to foster suspicion in the democratic process – and he succeeded beyond his wildest imagination, helped by candidate Trump’s constant claims of a “rigged election” and urging his minions to strongarm their way into polling places to make sure that “those people” don’t vote (which had the strategic effect of preventing Democrats to scream “foul” afterward, since they had already made pronouncements that the elections were fair).

The states’ election machinery – made worse after the “Help America Vote Act” that followed the 2000 pregnant chads controversy – is woefully inadequate, and was even in 2004 when Walden “Wally” O’Dell, CEO of Diebold, the black box manufacturer promised to deliver Ohio to George W. Bush, and he did (see story)– and if the NSA, Pentagon, banks, utilities could all be hacked, why would elections not be?

The argument here is that elections are so decentralized, the results could not be altered sufficiently. In the first place the weak link is where the various election districts electronically send their results to a single center for tabulation. And the 70,000 versus 3 million vote tally which gave Trump the White House is proof enough that the argument that decentralization is what protects the sanctity of the democratic process is specious. (See: Russian hackers’ election goal may have been swing-state voter rolls; Russian Hacking on Election More Widespread Than Reported; Election Hackers Altered Voter Rolls, Stole Private Data, Officials Say)

There is something wrong in America with voter turnout rates of 60% in the presidential election (higher than 2012, as it turns out, but less than the 62.2% that turned out in 2008) as controversial and consequential as 2016. (And how much of that was voter suppression or outdated voting lists?)

States that made it easier to register to vote had higher turnout – such as Oregon, Connecticut, Alaska, Vermont and West Virginia, where eligible citizens who interact with the Department of Motor Vehicles are automatically registered to vote. Similar laws are taking effect in California and Colorado. No wonder Republicans will use the commission to find an excuse to roll back the National Voter Registration Act of 1993, known as the motor-voter law, which has registered millions of voters, as Richard Hasen writes in Slate, Trump’s Voter Fraud Endgame.

In Oregon, automatic voter registration added an extra 225,000 people to the rolls; in Wisconsin, which Trump “won” by a mere 25,000, voter suppression tactics reduced turnout by 200,000.

Kobach’s “election integrity” commission is about voter intimidation, on top of the voter suppression tactics that Republicans have put through in the states they control, because Republicans realized long ago that low turnout favors their candidates. The problem isn’t over voting, it is under-voting – and this is exactly how the data that Kobach is mining could be weaponized. There are already enumerable examples of Republicans committing election fraud.

Instead of the non-existent voter fraud issue – 44 instances out of more than 1 billion votes cast between 2000-2012, a rate of 0.0000044% – there needs to be reforms made to voting, which though a function the constitution leaves to the states, should still include federal minimal standards for access to voter registration and polling places (to satisfy the 14^th Amendment providing for Equal Protection as well as the 15^thAmendment, the right to vote shall not be denied or abridged) – where located, people served, hours of opening, minimal number of voting machines per voters, provisions for early voting and absentee voting; requirements for security for electronic, black-box voting devices, back-up paper ballots and auditing after each election, as well as requirements for mandatory hand recounts if the margin is 1% or less; a requirement that when a person is “purged” from voting rolls, a letter be sent informing them, with a remedy for correcting the record; making tampering with voter registration, rolls or elections, including giving fraudulent information about voting places, hours, accessibility a felony crime; and yes, a provision for nullifying an election which has been demonstrated to have been substantively tampered with.

Also, a reason why young people do not vote in the numbers they should: they are too fearful of breaking a law if they vote absentee in their home districts after having moved to a new place for a job. And moved. And moved again. There needs to be clarification of rules allowing people to vote where they were last registered, or regularly vote, and provisions that require people who have not voted in a district for, say, 10 consecutive years, to reregister or be removed.

On this July 4^th, even Trump supporters should be standing up for the basic principle of a government established for and by its people. Which means promoting voting, not suppressing it.

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© 2017 News & Photo Features Syndicate, a division of Workstyles, Inc. All rights reserved. For editorial feature and photo information, go to www.news-photos-features.com, email [email protected]. Blogging at www.dailykos.com/blogs/NewsPhotosFeatures. ‘Like’ us on facebook.com/NewsPhotoFeatures, Tweet @KarenBRubin

Election 2016, Election Reform, Voting Rights

To Get to a More Perfect Union, Reform Electoral College, Promote Access to Ballot Box

January 5, 2017 krubin

Electoral College reform and a greater federal role in setting minimum national standards for access to the ballot box are necessary to insure that Americans get the president who reflects the will of the majority in a free and fair democratic election © 2017 Karen Rubin/news-photos-features.com

Karen Rubin, News & Photo Features

There is no question that the will of the majority was thwarted in the presidential Election of 2016 – but if ever there was a time when the Electoral College should have proved its purpose, it was this election.

Instead, the Electoral College demonstrated the worst of all anti-democratic worlds: denying the popular will while also enabling the exact sort of candidate that Alexander Hamilton described in justifying the Electoral College: so “that the office of President will never fall to the lot of any man who is not in an eminent degree endowed with the requisite qualifications,” and to prevent a “desire in foreign powers to gain an improper ascendant in our councils”. Trump fails on all accounts.

And here, you have not only Hillary Clinton receiving nearly 3 million more votes than Donald Trump – the most in history for any candidate who did not go on to win the presidency – but you have clear evidence of foreign manipulation (the Russian hacking, very possibly with collusion by the Trump campaign), fake news, not to mention voter suppression (interesting that every battleground state where Clinton lost was also where Republican legislators had imposed measures designed to suppress the vote of groups inclined to vote Democratic; in Wisconsin, 300,000 registered voters lacked the photo ID necessary to cast their ballots. Indeed, two weeks after the election, a federal court struck down Wisconsin’s legislative map as illegally partisan. And, “on Election Day, there were 868 fewer polling places in states with a long history of voting discrimination, like Arizona, Texas, and North Carolina,” (www.thenation.com/…)

The result was that Democratic-leaning voters had hours-long waits which many could not afford. And then there was the call-out by Donald Trump for vigilantes to police “you know which” neighborhoods. Turnout was affected. Indeed, despite historic levels of engagement in Election 2016, the number of votes cast in Ohio was down 1.1% and down 4.0% in Wisconsin – more than the margin of victory for Trump. That’s the art and the science of voter suppression, which was the primary strategy for the Trump campaign.

But instead of serving properly as a check-and-balance, everything that is undemocratic and archaic about the Electoral College (devised to give disproportionate power to slave-holding states and small rural states) was in play. As a result, a single voter in Wyoming is worth 200 times a voter in California, rendering this country’s notion of “one person, one vote” and “equal justice” a fraud.

(Why is it that only rural, white Middle Americans are considered “Real Americans,” but coastal, urbanites, professionals, college-educated people are considered “elites” not deserving of a say in their governance?)

Its malfeasance justifies the rising calls to abolish the Electoral College altogether – which would require amending the Constitution which is unlikely. Instead, there are calls to dramatically reform it to more properly address 21^st century America, through changes that the states can make to the regulations that bind their Electoral Voters, now termed “faithless” if they vote against their state’s popular vote.

The predominant reform is for states to join the National Popular Vote (NPV) compact would require participating states to award all their electoral votes to whichever presidential candidate wins the national popular vote. It wouldn’t take effect until enough states joined in to add up to the 270 electoral votes required to elect the president– ten states and the District of Columbia have already signed on, totaling 165 electoral votes.

If the compact were in place, Hillary Clinton, who received nearly 3 million more popular votes than Donald Trump, who only won the Electoral College by winning the slimmest of margins (less than 1%) in a few battleground states (amounting to about 70,000 votes altogether, the result of concerted voter suppression actions by Republicans), would have been President.

But this election also demonstrated how easily even a 21^st century populace can be manipulated by fake news, social media and a populist snake-oil salesman, not to mention the possibility of hacking the election architecture. Indeed, it would seem that the Electoral College does have a purpose as envisioned by the founders of the Republic, as a check on populism.

Still, there are ways to make the Electoral College more democratically representative, while still functioning as a “check and balance.”

First, there needs to be an end to “winner take all” which basically erases the votes of millions of voters. Instead, states should apportion their electoral votes based on the popular vote in the state. That would be a much more representative method and more efficiently make each state and each person’s vote count.

During this election, we kept hearing how discouraged and disaffected those who would vote for third-party candidates, and their complaint that the two-party system is what is so detrimental to a true democracy. But multiple candidates virtually guarantee that the winner does not represent the majority, as is clear in 2016, where the scant votes for Jill Stein in Michigan gave the state to Trump, putting him over the Electoral top despite winning only 46% of the national popular vote.

So the second element is to allow the lowest vote-getting candidates to give their Electoral Votes to one of the top two candidates.

Another idea which would be very possible in the age of sophisticated electronic voting, is for “second choice” weighting, and if no candidate gets 50.1%, then a run off of the two top vote getters (as is the case in some primaries).

The end to “winner-takes-all” and allocation by popular vote in a state could not happen until virtually all the states (and not just Blue states or Red states which have voted for a Democratic president) have approved the policy.

Federal Government Needs to Guarantee Minimum Standards for Voting

It may surprise people to realize the federal government has no authority over elections, which are controlled by states – even within states, counties may have different rules (so much for Equal Protection). Indeed, the Constitution does not actually provide a right to vote at all, and the Roberts right wing Majority on the Supreme Court did its damage to remove what oversight the federal government had when it eviscerated the 1965 Voting Rights Act.

There needs to be a new Voting Rights Act that protects the essential principle of one-person, one vote and the federal government, under the Equal Protection clause of the Constitution, should have the ability to establish minimum standards for access to the ballot box. It should protect more than racial discrimination, but should acknowledge partisan discrimination as a threat to the spirit and essence of democracy.

What else is needed to reform a weakened election system in these days of technological sophistication, a sprawling and diverse voter population, and the huge stakes to controlling the political reins of power? Here are more ideas:

An end to partisan-control of drawing district lines; standards that affirm – as the Voting Rights Act did – that districts have to be contiguous and make sense
And end to partisan control of state elections (like Katherine Harris, Secretary of State in Florida 2000 and also the chair of George W Bush’s campaign who purged voting rolls of 20,000 people and did all she could to insure Gore never got a fair count)
Requiring notification to every voter before an election confirming their registration, voting place and hours, and if a voter has been removed or purged or changed for any reason, timely notification with a process to challenge
A standard to allow voters to vote where they were last registered
To address the very real possibility of hacked black-boxes, require a paper trail and mandatory audits of a certain number of voting places to confirm the veracity
Minimum national standards for where polling places can be designated, how many voting machines per voting-age population, minimal number of hours open, early voting days, including spreading voting to the weekend before Election Day, and making Election Day a national holiday
A requirement that if a voter moves and re-registers, that notice be sent back to the prior voting place to be removed
Clearer, more uniform regulations about where people can vote if they are in college or have moved (for example, allowing people to vote by absentee at the last previous registered place)
Automatic sending of voter registration materials upon 18^th birthday
Establish criminal penalties for interfering with voting, whether fraudulently telling people the wrong date, time or place to vote, ripping up voter registrations or interfering with voter registration; penalties for states that impede voter registration such as failing to process registrations in a timely way
Restore reasonable controls on spending – by wealthy donors and corporations – eliminate SuperPacs, pass the DISCLOSE Act, overturn Citizens United
A new Voting Rights Act that goes beyond racial discrimination but includes any type of systematic discrimination to dilute “one-person, one-vote”
Constitutional amendment that affirms the right to vote (the Constitution doesn’t actually provide it now)

None of this will happen because the Republicans have realized they can keep power without ever having to worry about the demographic shifts and pesky things like needing a majority. Putting a gate at the ballot box has worked very well.

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© 2017 News & Photo Features Syndicate, a division of Workstyles, Inc. All rights reserved. For editorial feature and photo information, go to www.news-photos-features.com, email [email protected]. Blogging at www.dailykos.com/blogs/NewsPhotosFeatures. ‘Like’ us on facebook.com/NewsPhotoFeatures, Tweet @KarenBRubin

Election 2016, Election Reform

Lesson of 2016: Election Reform is Urgently Needed. Here’s What Needs to be Done

October 30, 2016 krubin

The 2016 Presidential Election has underscored the need for urgent reform of the election process © 2016 Karen Rubin/news-photos-features.com

By Karen Rubin, News & Photo Features

This unprecedented 2016 Presidential campaign has raised doubts and heightened cynicism about this nation’s election process – which itself depresses turnout if people believe their vote does not matter, or who are fed such a negative impression of a candidate that they cannot bring themselves to vote for either one.

Reform of the election process is urgently needed if, in fact, this country is to remain a democracy in more than myth or nostalgic longing. Already, this election has invited worldwide mocking, with the United States being held in the same regard as a Banana Republic, especially with the language of Donald Trump, who threatened to unilaterally assign guilt and jail his opponent, weighed whether he will accept the results (“I will totally accept the results of this great and historic presidential election, if I win.”) thereby undermining the basic pillar of America’s democracy, a peaceful transition of power, and actually pronounced, “Let’s cancel the election and just give it to Trump.”

It’s been part of a tactic – to depress turnout by making people think their vote doesn’t count, and anyway, the election is rigged so why bother. Certainly, smearing an opponent so viciously, as Trump has done, is part of the campaign strategy, as his own officials have boasted, that they are targeting voter suppression of three groups: white liberals, young women and African Americans.

And, indeed, elections can be rigged and elections have been stolen – the elections of 2000 and 2004, which provide textbook cases of how to steal an election, come to mind. (George W. Bush, who actually lost Florida, the Electoral College and the popular vote, is truly the only illegitimate president this country has had.)

Indeed, because of the systemic “rigging” – including gerrymandering and voter suppression programs masqueraded as “protecting the integrity of the ballot” from voter fraud, in 2014, despite a million more votes being cast for Democrats in Congress, Republicans were still able to retain a massive majority – 56% in the House, the largest majority since the 71^st Congress of 1929-31. Voter suppression tactics as well as the dark money – anonymous funding from outside sources (thanks again to the SCOTUS Right Wing Majority Citizens United decision) make it easy for wealthy partisans and corporations to literally buy a small population state’s Senators, where media costs are much lower than say California or New York. Because states no matter how small or large each have two Senators, the Republicans have 54 seats (54%) but represent 47% of the population. So even though a majority of Americans vote Democratic, it’s Republicans who have controlled. Hardly a mandate for right-wing policies and obstruction they have heaped on the American people.

It may surprise people to realize the federal government has no authority over elections, which are controlled by states. Indeed, the Constitution does not actually provide a right to vote at all, and the Roberts right wing Majority on the Supreme Court did its damage to remove what oversight the federal government had when it eviscerated the 1965 Voting Rights Act.

An end to partisan-control of drawing district lines; standards that affirm – as the Voting Rights Act did – that districts have to be contiguous and make sense
And end to partisan control of state elections (like Katherine Harris, Secretary of State in Florida 2000 and also the chair of George W Bush’s campaign who purged voting rolls of 20,000 people and did all she could to insure Gore never got a fair count)
Requiring notification to every voter before an election confirming their registration, voting place and hours, and if a voter has been removed or purged or changed for any reason, timely notification with a process to challenge
A standard to allow voters to vote where they were last registered
To address the very real possibility of hacked black-boxes, require a paper trail and mandatory audits of a certain number of voting places to confirm the veracity
Minimum national standards for where polling places can be designated, how many voting machines per voting-age population, minimal number of hours open, early voting days, including spreading voting to the weekend before Election Day, and making Election Day a national holiday
A requirement that if a voter moves and re-registers, that notice be sent back to the prior voting place to be removed
Clearer, more uniform regulations about where people can vote if they are in college or have moved (for example, allowing people to vote by absentee at the last previous registered place)
Automatic sending of voter registration materials upon 18^th birthday
Establish criminal penalties for interfering with voting, whether fraudulently telling people the wrong date, time or place to vote, ripping up voter registrations or interfering with voter registration; penalties for states that impede voter registration such as failing to process registrations in a timely way
Restore reasonable controls on spending – by wealthy donors and corporations – eliminate SuperPacs, pass the DISCLOSE Act, overturn Citizens United
Ultimately, all states should adopt proportional voting to allocate Electoral College Votes that more accurately reflect the will of the people, rather than winner-take all.
A new Voting Rights Act that goes beyond racial discrimination but includes any type of systematic discrimination to dilute “one-person, one-vote”
Constitutional amendment that affirms the right to vote (the constitution doesn’t actually provide it now)

See: How the 2016 Presidential Election May Well Be Stolen

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Election 2016

How the 2016 Presidential Election May Well Be Stolen

October 30, 2016 krubin

By Karen Rubin, News & Photo Features

In only one respect, Donald Trump may well be right: there is great potential for 2016 to be a stolen election – but in his favor.

To the extent the election is stolen or rigged, this is how: voter suppression (outright intimidating voters at the polls as well as depressing turnout through a disinformation campaign), election fraud, hacking of election results, and intimidation at the polls. While in-person voter fraud is a phantom boogeyman, these are more likely and more lethal to a fair election.

“Let’s cancel the election and just give it to Trump” Donald Trump told a rally in Toledo, Ohio, once again charging the election is rigged and exhorting his minions to vote, then go to other voting places to “watch.”

“I would like to promise and pledge to all of my voters and supporters and to all of the people of the United States that I will totally accept the results of this great and historic presidential election, if I win,” Trump told supporters in Ohio in his first comments since the final debate, when he said he would withhold acceptance of election results, thereby threatening a peaceful transition of power. “I’ll keep you in suspense.”

Revving up his minions with charges of a “stolen election,” Trump has urged his most rabid supporters to racially profile people coming to the polls. And in this election, more states have open-carry, so one could conceivably imagine a couple of thugs standing with an assault rifle at the door. This makes the US look and feel more like a Banana Republic than the “beacon of democracy” we hold this nation to be. This is actually a violation of the consent decree imposed on the Republican National Committee stemming from voter intimidation tactics that resulted in Republican Tom Kean defeating Democrat Jim Florio for New Jersey Governor, but should also be a crime.

And afterwards, many of his minions, so convinced by Trump that the election would be stolen and that Hillary Clinton is the most corrupt person ever to seek the presidency and a danger to national security and the nation’s existence, are ready to mount violent revolution.

Can you imagine this is America? Former one-term Illinois Congressman Joe Walsh tweeting that if Trump loses on Nov. 8^th, he will grab his musket on Nov. 9^th? That you have schools closing or moving their students away from polling areas fearing violence?

“We have three major voter suppression operations under way,” a senior Trump campaign official boasted to Bloomberg/Businessweek, against three targeted groups: white liberals, young women and Black Americans – three groups key to a Clinton victory.

Key to this strategy is disinformation – lying, misrepresenting policies – and anything that reinforces the image created over decades by right-wingers that Clinton is dishonest and untrustworthy. In this, FBI James Comey went beyond the pale in resurrecting the email controversy from the unrelated investigation into Congressman Anthony Weiner’s sexting. Trump is having a field day, conflating the vague suggestions of what, exactly? with a breach of national security.

Young voters who tend to move around a lot, rent and not own a home, and not register at a new location and college kids who registered during high school and then again at their campus – are intimidated not to vote because of intentional confusion over their right to vote. Students are also threatened with losing state aid, that they will be found in violation for failing to get a new drivers’ license, registration and insurance, etc. Republican operatives literally challenged Bard and Vassar students in upstate New York as they attempted to vote in 2009 and 2010.

Here’s another source of intimidation: actual extortion to scare off Clinton votes. The threat of armed insurrection if Clinton wins is as if to say, if you don’t want a revolution on your hands, you will not vote for Clinton.

And Republicans are already (even before election day!) threatening nonstop investigations leading toward impeachment if Hillary is elected, which also means a continued policy of obstruction and gridlock, as if to suggest, “We dare you to vote for Clinton.” Will voters actually vote for Trump thinking it as a means of relief? What a mistake, since right-wing Republican extremists would have a clear path to overturn every progressive policy put into place since before Theodore Roosevelt.

This will be the first Presidential Election since the rightwing Majority on the Supreme Court gutted the Voting Rights Act in 2013, unleashing a hoard of regulations in states and localities explicitly (unabashedly in some cases like Pennsylvania, Ohio, Wisconsin and North Carolina) designed to suppress, obstruct, depress and disenfranchise voters who tend to vote for Democrats.

The pretext for this wave of regulations was the phantom bogey-man of Voter Fraud. While in-person voter fraud is rare (according to a Washington Post study, just 31 instances in 1 billion ballots cast from 2000 to 2014), those who argue for the dire need to “preserve the sanctity of the ballot,” can point to problems with the voting rolls. Some estimates put the number of dead people still registered as 2 million. Indeed, there may be irregularities with as many as 24 million registrations – the occasional Mickey Mouse among them – but that doesn’t mean Mickey Mouse is voting. (What it does mean is that incredibly low turnout number – 60% for a Presidential election – may be artificial.)

There is no evidence that zombies are voting. No truth to the myth that black people are being bused in from other states to vote eight or nine times in inner cities as the hysterical former “America’s Mayor” Rudy Giuliani accused, or that illegal immigrants are registering, let alone actually casting a ballot, as Donald Trump has charged.

Some 2.9 million are registered in more than one location – but how many people are going to risk five years in jail to vote twice?

However, this is definitely a weakness in the system because, as of now, no one checks. So you can very possibly have someone still registered where they grew up and registered in their new location, voting in person and by absentee.

The absentee ballot is a significant weakness in the integrity of the voting system, but interestingly, none of the Republican-lead voter ID laws and other restrictions would address the problem of in-person voter fraud. So you have to question why that would be, if it is so, so terribly important to Republicans to protect “the integrity of the ballot.”

Still, using “in-person voter fraud” as a pretext, Republican-dominated legislatures have unleashed a whole series of regulations designed to suppress voting –imposing new voter ID requirements and making it difficult for some demographic groups to obtain necessary ID (gun permit is OK, college ID not OK), literally making it hard to reach offices to obtain the ID, limiting hours, and denying applications even after providing ample documentation, and ultimately not processing registrations in a timely fashion (as many as 100,000 in Georgia); shutting down polling places or not having an adequate number of voting machines on hand, so that people are forced to wait hours on line (as in Arizona); reducing the number of early voting days, which hurts young parents and wage earners (as in North Carolina).

These tactics disproportionately hurt women (whose names change frequently over the course of their life), young people who move around a lot and rent instead of owning a home, old people who don’t drive or have their original birth certificate, minorities, poor people, homeless people, hourly wage people who are disadvantaged when voter registration places and polling sites and hours are made hard to reach – voters who are deemed more likely to vote for Democrats.

It starts with gerrymandering districts – cracking and packing districts, drawn into contorted Rorschach shapes, to dilute the voting power of a targeted group – so that the candidate gets to choose voters rather than voters choosing their representative. And with Big Data-mining technology that have become available since 2010 – when Republicans made a concerted strategy to take over State houses in advance of redistricting– they are able to gerrymander districts with extraordinary precision never before known. That’s the election rigging that is most profound.

North Carolina State Representative David R. Lewis, chairman of the redistricting committee, openly admitted, “I think electing Republicans is better than electing Democrats. So I drew this map in a way to help foster what I think is better for the country.”

Then there are other tactics, which are chalked up as if a game rather than a criminal violation of Equal Protection under the Constitution: destroying voter registrations, sending out notices of wrong election dates, times and places or threatening that anyone with outstanding parking ticket will be arrested for attempting to vote. Also, purging voting lists based on the similarity of names to felons or people registered in another district or some other bogus excuse (Ohio purged 144,000 voters from in its three biggest, Democratic-leaning counties – those containing the cities of Cleveland, Columbus, and Cincinnati), without giving the voter a chance to protest. (See New York Times, Critics See Efforts by Counties and Towns to Purge Minority Voters From Rolls.)

Indeed, some states – where there is a high minority population – refuse to reinstate voting rights to people who have served prison sentences, and because of the systemic racism in arrests and incarceration, some 6 million African-Americans are permanently disenfranchised.

Hacking? If Russian-agent hackers could penetrate state voter databases – let alone the NSA, Office of Personnel Management, Colin Powell and the DNC – there is no reason why they couldn’t invade individual precinct tallies, or even impact where the local district totals are tabulated at the state level.

The argument that a national election can’t be hacked because it is too decentralized at the state and county level is not entirely true, because a president isn’t elected by a cumulative popular vote, but by electoral votes – it would only take manipulating results in key counties in key battleground states to swing the election, and if the election is tight in those places, no one would be the wiser. Indeed, experts have shown how easy it is to hack voting machines – going back to the 2000 election – and it is suspected that the 2004 Bush v Kerry election was stolen by shifting the tallies in Ohio. (Walden O’Dell, CEO of the Diebold voting machine company, had promised, ”I am committed to helping Ohio deliver its electoral votes to the president. Early voters in Florida have already complained they saw their votes switched, evoking the 2000 election.)

Some 14 states vote on machines that do not even provide a paper trail so cannot be audited, and in 43 states voting machines – purchased with federal funds after the Help Americans Vote Act (HAVA), itself a reaction to the disastrous 2000 election debacle – are more than 10 years old. One of them is Pennsylvania, a state that could prove pivotal this election, where Trump has centered his “stolen election” meme and is recruiting poll watchers into minority districts. (“You know what I mean.”)

The impacts of voter suppression tactics are already being seen in early voting patterns, as Eliza Newlin Carney reported in The Election is Rigged After All — Against African Americans.

All of this means that Hillary Clinton and the Democratic candidates need overwhelming, uncontestable majorities to make sure there cannot be the subtle irregularities.

Some polls are indicating just such a win, but even so, Trump acolytes are threatening revolution because they believe the polls are rigged and the election will be stolen.

Trump has fed into this, declaring that if he loses, it means that the election was stolen from him is strategic: In the first place, this is a guy whose entire life revolves around him being a “winner” – even failures (like multiple bankruptcies) are to him successes (since he manages to shift harm to others and reap benefits). Also, it sets him up as a martyr (he’s already compared himself to Jesus), to lead this phantom “movement” (“like nothing this nation has seen before,” he claims), in order to bolster his newest business/narcissistic (Trump TV) media enterprise. (He is likely the first candidate in history to make a profit on a campaign, with his campaign “expenses” being revenue to the Trump Organization.)

But there is strategy, as well: Trump’s ploy in charging the system is rigged and inviting scorn saying he would not necessarily accept the results, thereby threatening a bedrock tradition preserving American democracy, the peaceful transition of power, is aimed at getting Democrats to insist the election cannot be rigged, and cower Hillary Clinton and Democrats from contesting elections that have in fact been manipulated, as in Florida 2000. He’s already planted seeds that Ruth Bader Ginsberg should recuse herself if a Bush v Gore redux comes to the Supreme Court, which would give Republicans a 4-3 majority to anoint Trump.

But elections can be stolen and have been stolen. Florida 2000 provided a manual for how it is done. (Just watch the movie, “Recount,” to see the GOP stole Florida in 2000, with complicity of Governor Jeb Bush, Secretary of State Katherine Harris, and Supreme Court Justice Antonin Scalia. Truly chilling.)

And Trump, by challenging the accuracy of polls that predict Clinton the winner, is aimed to disguise an actual election rigging and voter suppression, so that Trump can emerge the winner despite polls that predict otherwise. Trump will simply say “I told you so.”

All of this should not discourage people from voting. On the contrary, people should be more determined than ever to exercise their right to vote, and a big margin is more important than ever to counteract a rigged election. That’s what happened in 2008 with Barack Obama’s election.

See next: 2016 Presidential Election Points to Needed Reform

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