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Tag Archives: Public Interest Legal Foundation

Limiting Voting To Legal Voters

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The idea of only American citizens being allowed to vote in American elections is pretty basic. You wouldn’t think there would be a lot of room for discussion (or lawsuits). You would be wrong.

Yesterday Breitbart reported that the Fourth Circuit federal appeals court has ruled against the North Carolina State Board of Elections, vacating a lower court’s decision blocking the inspection of the state’s voter rolls for non-citizen registrations and voting.

The article reports:

“North Carolina had tried to prevent the public from inspecting records related to noncitizens registering and voting in our elections,” PILF (Public Interest Legal Foundation) President J. Christian Adams said in a statement.

“Federal law presumes that election records are public,” Adams said. “The Fourth Circuit vacated the lower court’s dismissal of the case. This is an important win because it means that the public’s right to know about election vulnerabilities has been vindicated.”

The Richmond-based appeals court concluded “that the Board’s efforts in the present case to identify non-citizen registrants qualify as a ‘program’ or ‘activity’ to ensure an accurate list of eligible voters.”

In June 2019, PILF filed the lawsuit against North Carolina election officials after they failed to disclose voter roll records showing non-citizen registrations and voting. A lower court, though, dismissed PILF’s lawsuit claiming such records could not be disclosed to the public.

The article concludes:

While PILF will now go back to court to negotiate over the records, this is the third win for PILF on protecting the right to inspect state voter rolls for non-citizen registrations and voting since 2019.

In March 2019, a Texas court ruled that PILF could move forward with seeking non-citizen voting records in Harris County, Texas. Then, in December 2019, a federal court similarly ruled that PILF could continue seeking non-citizen voting records in Pennsylvania.

North Carolina has a history of concealing non-citizen voting. In November 2019, for instance, Gov. Roy Cooper (D) vetoed legislation that would have purged self-admitted non-citizen voters from the state’s voter rolls ahead of the 2020 presidential election.

The case is Public Interest Legal Foundation v. North Carolina State Board of Elections, 19-2265 in the U.S. Court of Appeals for the Fourth Circuit.

Every American should support the idea of only legal voters voting. Every illegal vote cancels out the vote of a legal voter.

It Has Happened Before, It Will Happen Again Unless It Is Stopped

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Yesterday The Washington Times posted an article about double voting that occurred in
Georgia and North Carolina 2016-2018.

The article reports:

Anti-universal mail ballot activists say the two states are a tip-off for what will happen in the Nov. 3 election.

Liberal journalists demand that the Trump administration, which opposes mass-mailed ballots in most states, provide evidence of fraud. The counterargument is that it is difficult to cite such examples when only a handful of states before 2020 adopted remote voting.

Those unique balloting procedures painstakingly took years to perfect the checks and balances needed to avoid doubling voting. Today, because of the coronavirus pandemic, 22 states are fast-tracking the shift from in-person voting and toward the U.S. Postal Service, according to Ballotpedia.

Experts estimate that 80 million Americans will vote by mail in the 2020 general elections, about double those in 2016, when a total of 138 million people cast ballots for president in person or from afar.

The article explains:

The Public Interest Legal Foundation (PILF) has investigated instances in which fraud already may have occurred.

Clark County, Nevada’s largest, decided to switch to mail-in ballots just two months before its June primary. The result: nearly 225,000 of 1.3 million mailed ballots (17.3%) were sent back by the Postal Service as undeliverable. Only 305,000 mail-in ballots (23.5%) were accepted and counted, according to numbers provided to PILF.

In this year’s primary seasons alone, election boards across the country have rejected 534,000 ballots, compared with 318,716 in the 2016 election.

“American voters have a variety of warning signs demonstrating why voting in person in 2020 is the safest option to ensure their vote counts,” PILF spokesman Logan Churchwell told The Washington Times. “Even if they trust the postal system enough to get their votes handled on time, they still risk historic amounts of rejected ballots.”

Federal law prohibits voting more than once in the same election. From press reports, it appears that most mailed ballots are rejected because the voter’s signature does not match the one on file.

The article also notes:

PILF picked North Carolina and Georgia, where lawsuits are pending, to request a huge amount of voter data and then file two court briefs.

In North Carolina, auditors found nearly 20,000 voters who appeared to have voted twice in the 2016 and 2018 elections.

“This is a widespread concern in North Carolina,” PILF President and General Counsel J. Christian Adams said after filing a court brief in July. “We should be talking about how to strengthen our systems against misdeeds done out of the sight of election officials in 2020 instead of defending an imperfect system from total ruin. The plaintiffs are only raising the threat of worsening the settled fact that voter fraud is most common in the mail.”

In Georgia, PILF not only found more than 4,000 dead people on the rolls but also calculated that about 10,000 registrants voted twice in 2016 and 2018.

Obviously, this is an important election. We need to make sure that every legal vote is counted and the no legal votes are canceled by an illegal vote.

About That Voter Integrity Thing…

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Yesterday The Daily Signal posted an article reporting that in North Carolina, 16,700 duplicate votes were cast in the 2016 and 2018 elections, according to the Public Interest Legal Foundation.

The article reports:

Public Interest Legal Foundation made the court filing in the case of Democracy NC et. al. v. North Carolina State Board of Elections, which seeks to suspend North Carolina’s protections for mail-in voters during the presidential election in November in light of the COVID-19 pandemic. 

Specifically, the state’s public voter rolls show that even with election integrity mechanisms in place, voters registered in more than one precinct are credited for voting a second ballot. 

This could be an individual voting twice or someone voting while using someone else’s identity. Such cases largely have resulted from poor maintenance of voter rolls at the local level—for example, not updating the rolls when voters move. 

The audit found that in the 2016 presidential election in North Carolina, about 9,700 voters were credited with voting twice. Of these cases, about half—or 5,000—were mail-in ballots.

Two years later, during the 2018 midterm election, about 7,000 voters were credited with voting twice. Of those, 2,900 were mail-in votes, the audit says.     

It is not clear how many of the same voters voted twice in both elections. 

In one of the most high-profile voter fraud cases in recent years, the North Carolina State Board of Elections decertified the outcome of the 2018 race in the 9th Congressional District and ordered a new election after evidence of absentee ballot fraud emerged. 

The article concludes:

“This is a widespread concern in North Carolina,” J. Christian Adams, president and general counsel of Public Interest Legal Foundation, said in a written statement. “We should be talking about how to strengthen our systems against misdeeds done out of the sight of election officials in 2020 instead of defending an imperfect system from total ruin.”

Those suing, Adams said,  “are only raising the threat of worsening the settled fact that voter fraud is most common in the mail.”

The lawsuit in North Carolina by Democracy NC, the League of Women Voters, and others calls for waiving requirements that voter registration forms be submitted 25 days before an election,  eliminating the witness signature on absentee ballots, allowing ballots to be received in ways other than mail, such as contactless dropboxes, and increasing early voting. 

Voter fraud should be a concern to every voter. Every fraudulent vote cast cancels out the vote of a legitimate voter.

A Valid Lawsuit

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As North Carolina fights for voter id laws, other states are finding people on the voter rolls that are more than 100 years old. While that is possible, it is somewhat unlikely.

Yesterday Breitbart reported that the Public Interest Legal Foundation has filed a lawsuit against Allegheny County, Pennsylvania. The lawsuit claims that nearly 1,600 dead people are registered to vote in the 2020 election in the county.

The article reports:

The Foundation reviewed birthdates from a portion of the County’s voter registration list against records in the Social Security Death Index. After matching other biographical information, the Foundation found 1,583 deceased registrants whose registrations should have been canceled, yet they remain actively registered to vote in the County. [Emphasis added]

…“One registrant is stated as being born in ‘June 1800,’ the same year Thomas Jefferson won eight of Pennsylvania’s 15 Electoral College votes against President John Adams,” the lawsuit claims.

The lawsuit claims there are 1,178 registered voters who are missing dates of births in Allegheny County, about 193 registered voters who are missing dates of registration, and 35 registered voters with corrupted or out-of-state addresses.

Officials with the Public Interest Legal Foundation are looking to ensure that Allegheny County makes reasonable efforts to maintain their voter rolls, as required by the National Voter Registration Act of 1993.

Unfortunately there are a number of states that have chosen to ignore the requirement to maintain their voter rolls that was part of the National Voter Registration Act of 1993. The act has been used to register large numbers of voters, not all of whom are citizens, with very little effort put into maintaining accurate voter rolls.

It Really Is Easy To Commit Voter Fraud

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Yesterday The Washington Times posted an article about an attempt to commit voter fraud in Texas.

The article reports:

The Texas Democratic Party asked non-citizens to register to vote, sending out applications to immigrants with the box citizenship already checked “Yes,” according to new complaints filed Thursday asking prosecutors to see what laws may have been broken.

The Public Interest Legal Foundation alerted district attorneys and the federal Justice Department to the pre-checked applications, and also included a signed affidavit from a man who said some of his relatives, who aren’t citizens, received the mailing.

“This is how the Texas Democratic Party is inviting foreign influence in an election in a federal election cycle,” said Logan Churchwell, spokesman for the PILF, a group that’s made its mark policing states’ voter registration practices.

The Texas secretary of state’s office said it, too, had gotten complaints both from immigrants and from relatives of dead people who said they got mailings asking them to register.

Texas Gov. Greg Abbott vowed to investigate.

The article continues:

The applications were pre-addressed to elections officials, which is likely what left many voters to believe they were receiving an official communication from the state.

But the return address was from the State Democratic Executive Committee, and listed an address in Austin that matches the state Democratic Party’s headquarters.

The letter is emblazoned with “Urgent! Your voter registration deadline is October 9.” It continues: “Your voter registration application is inside. Complete, sign and return it today!”

On the application, boxes affirming the applicant is both 18 and a U.S. citizen are already checked with an “X” in the Yes field.

The mailing also urges those who are unsure if they’re registered to “Mail it in.”

A person answering phones at the state party declined to connect The Washington Times with any officials there, insisting that a reporter email questions. That email went unanswered.

Sam Taylor, spokesman for Texas’s secretary of state, said they heard from people whose relatives were receiving mail despite having passed away 10 years ago or longer. One woman said her child, who’d been dead 19 years, got a mailing asking to register.

“It looks like a case of really bad information they are using to send out these mailers,” Mr. Taylor said.

He said some of the non-citizens who called wondered whether there had been some change that made them now legally able to vote despite not being citizens.

Mr. Taylor said there is a state law against encouraging someone to falsify a voter application, but it would be up to investigators to decide if pre-checking a box rose to that level.

Pre-checking the citizenship box encourages someone who is not a citizen to commit fraud. The officials who sent out the mailing with the checked box need to be held accountable and sent to jail. Voter fraud will end much more quickly if it results in jail time.

The Real Election Scandal Of 2016

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Yesterday The Washington Times posted an article about illegal voters in Virginia.

The article reports:

When Maureen Erickson registered to vote in Prince William County, she listed her home address as a street in Guatemala, in what should have been a very strong indication that she wasn’t a regular Virginia resident.

Yet she remained on the voting rolls for years, and even cast ballots in 14 different elections, up through the 2008 presidential contest. She was only purged in 2012, just ahead of the election, after she self-reported as a noncitizen, according to a new report released Tuesday by the Public Interest Legal Foundation.

Ms. Erickson was one of more than 5,500 noncitizens who were registered to vote in Virginia this decade, and were only bumped from the rolls after they admitted to being ineligible. Some 1,852 of them even managed to cast ballots that were likely illegal, though undetected, the PILF, a conservative voter integrity group, said in its report.

 Just as troubling, the PILF said, was Virginia’s efforts to try to hide the information from the public — a problem foundation President J. Christian Adams said began at the very top, with Gov. Terry McAuliffe.

“At the instruction of Governor McAuliffe’s political appointees, local election officials spent countless resources to prevent this information from spilling into the open,” Mr. Adams said in a statement releasing the report. “From NoVa to Norfolk and all urban and rural points in between, alien voters are casting ballots with practically no legal consequences in response.”

You would think that the person checking Ms. Erickson in at the polling place might have noticed the address and called it to the attention of their supervisor.

The discovery of illegal voters is not something that the government has been actively involved in.

The article explains:

The new PILF report is meant to put some numbers behind the scope of fraud.

Fairfax County, Virginia’s largest jurisdiction, also notched the most reports of noncitizens who had to be kicked off the rolls, with more than 1,000. Prince William County was second with 523, and Virginia Beach City was third with 517.

The PILF said those numbers could be just a fraction of the problem given that they only cover noncitizens who somehow admitted to state officials that they weren’t legally able to vote.

It is time to clean up the voter rolls. Any vote cast by someone not entitled to vote cancels out the vote of an American who is entitled to vote.