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Court Rulings Give North Carolina And Florida Republicans Major Wins For Election Integrity


BY: SHAWN FLEETWOOD | MAY 01, 2023

Read more at https://thefederalist.com/2023/05/01/court-rulings-give-north-carolina-and-florida-republicans-major-wins-for-election-integrity/

People voting on Election Day

North Carolina and Florida Republicans chalked up major wins last week after a series of court rulings upheld their respective election integrity efforts.

On Friday, the North Carolina Supreme Court overturned its previous decision banning gerrymandered districting in the state. Last year, the court’s then-Democrat majority (4-3) “threw out a state Senate map from the Republican-led state legislature and maintained congressional boundaries that had been drawn up by trial judges.” After Republicans won the state’s two Supreme Court races during the 2022 midterms, the high court’s new conservative majority (5-2) opted to rehear the case earlier this year.

“In its decision today, the Court returns to its tradition of honoring the constitutional roles assigned to each branch,” wrote Chief Justice Paul Newby in Friday’s decision. “This case is not about partisan politics but rather about realigning the proper roles of the judicial and legislative branches. Today we begin to correct course, returning the judiciary to its designated lane.”

In December, the U.S. Supreme Court heard arguments in Moore v. Harper, a case pertaining to the North Carolina redistricting fiasco. As The Federalist’s Margot Cleveland reported, the justices will ultimately decide whether a state court has the ability to usurp the constitutional power of state legislatures and “impose its own map for congressional districts drawn after the decennial census.”

[READ: In Moore v. Harper, SCOTUS Could Decide Who Gets The Final Say In A 2024 Election Dispute]

In addition to gerrymandering, the North Carolina Supreme Court also issued separate rulings upholding a previously passed voter ID law and overruling a trial court decision that permitted convicted felons on probation or parole to vote. In December 2018, the GOP-controlled General Assembly passed a bill mandating citizens show a form of valid ID when voting several weeks after North Carolina voters approved a photo ID constitutional ballot initiative.

In September 2021, a trial court struck down the 2018 statute, repeating the false claim that such laws discriminate against racial minorities. The then-Democrat-controlled Supreme Court affirmed the trial court’s ruling in December. Much like with its prior gerrymandering ruling, the high court’s new Republican majority decided to rehear the case.

According to The News & Observer, a local news outlet, acceptable forms of valid voter ID include a U.S. passport, an unexpired North Carolina driver’s license, a local or state government employee ID card, or a state voter identification card.

Legal Victory for Florida Republicans

Meanwhile, Florida Republicans scored a major victory for election integrity last week after a federal appeals court upheld a 2021 law aimed at enhancing security procedures regarding the use of mail-in ballots and ballot drop boxes. On Thursday, the U.S. Court of Appeals for the 11th Circuit ruled in a 2-1 decision that the March 2022 ruling by U.S. District Judge Mark Walker — an Obama appointee — was severely flawed.

In his decision, Walker alleged that Florida lawmakers demonstrated “intent to discriminate against Black voters” and asserted that the statute is “the stark result[] of a political system that, for well over a century, has overrepresented White Floridians and underrepresented Black and Latino Floridians.” The appeals court disagreed, writing that “the findings of intentional racial discrimination rest on both legal errors and clearly erroneous findings of fact.”

The court further admonished Walker’s faulty legal analysis, particularly his error in claiming that “a racist past is evidence of current intent.”

Under our precedent, this history cannot support a finding of discriminatory intent in this case. Florida’s more recent history does not support a finding of discriminatory intent,” wrote Chief Judge William Pryor.

Notably, Walker is also the judge tasked with overseeing Disney’s ongoing lawsuit against Florida Gov. Ron DeSantis.


Shawn Fleetwood is a Staff Writer for The Federalist and a graduate of the University of Mary Washington. He also serves as a state content writer for Convention of States Action and his work has been featured in numerous outlets, including RealClearPolitics, RealClearHealth, and Conservative Review. Follow him on Twitter @ShawnFleetwood

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PA Supreme Court Deals Huge Election Victory: Undated Mail-In Ballots Cannot Be Counted


BY: VICTORIA MARSHALL | NOVEMBER 02, 2022

Read more at https://thefederalist.com/2022/11/02/pa-supreme-court-deals-huge-election-victory-undated-mail-in-ballots-cannot-be-counted/

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The Pennsylvania Supreme Court ruled on Tuesday that undated mail-in and absentee ballots cannot be counted — a major win for election integrity just a week before Election Day of the 2022 midterms.

The ruling directs Pennsylvania county boards of elections to “segregate and preserve any ballots contained in undated or incorrectly dated outer envelopes” for the Nov. 8 general election but to refrain from counting them. This decision directly contradicts the Keystone State’s Democrat acting secretary of the commonwealth, Leigh Chapman, who told counties to ignore a previous U.S. Supreme Court ruling that effectively said undated mail-in ballots should not be counted. The Republican National Committee and the Pennsylvania GOP immediately announced a lawsuit in response.

The RNC and the state GOP argued that Chapman’s directive violated state law, as Pennsylvania requires voters to properly date their ballots. In fact, mail-in ballots for this election cycle even contain wording that reads “today’s date required” and clear instructions for voters to “sign and date” their ballots. Under Chapman’s instructions, some of Pennsylvania’s 67 counties would have followed her lead while others would have followed state law and clear ballot instructions, tainting the election with inconsistencies and chaos. The RNC asked the Pennsylvania Supreme Court at least to order counties to segregate undated or incorrectly dated ballots.

“Following an RNC, NRCC, and PAGOP lawsuit, Pennsylvania’s Supreme Court has made clear that incorrectly dated and undated mail ballots can not be counted,” RNC Chairwoman Ronna McDaniel said. “Republicans went to court, and now Democrats and all counties have to follow the law: this is a milestone in Republicans’ ongoing efforts to make it easier to vote and harder to cheat in Pennsylvania and nationwide.”

This legal victory by the RNC follows two other recent wins: one against Michigan’s Secretary of State Jocelyn Benson for restricting the rights of poll challengers and another against the North Carolina State Board of Elections for restricting poll watchers.

“Election integrity begins by following the law, and this decision is a big win for Pennsylvanians,” Jason Snead, the executive director of the Honest Elections Project, said in a statement. “Pennsylvania law clearly requires that every mail ballot be dated and signed. That simple, straightforward rule helps to stop late and illegal voting without burdening anyone’s right to vote.”


Victoria Marshall is a staff writer at The Federalist. Her writing has been featured in the New York Post, National Review, and Townhall. She graduated from Hillsdale College in May 2021 with a major in politics and a minor in journalism. Follow her on Twitter @vemrshll.

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How No-Excuse Absentee Voting Allows Special Interests To Manipulate Voters


REPORTED BY: WILLIAM DOYLE | FEBRUARY 15, 2022

Read more at https://thefederalist.com/2022/02/15/how-no-excuse-absentee-voting-allows-special-interests-to-manipulate-voters/

ballots

Signs outside every physical polling place forbid electioneering. Each state has some form of restriction on political activities near polling locations when voting is taking place. These restrictions are usually on the display of signs, handing out campaign literature, attempting to influence voters, or soliciting votes within a predetermined distance (typically 50 to 200 feet) of a polling place. A list of the specific electioneering prohibitions adopted by each state can be found here.

Opposition to electioneering is the main reason election integrity advocates oppose allowing political activists to provide food and water to voters waiting in line at polling places. What has been portrayed as a measure to starve and dehydrate suffering voters is really a commonsense prohibition against electioneering. Allowing such practices would allow anybody with a few water bottles or a bag of sandwiches an opportunity to harangue, harass, or otherwise intimidate voters who are waiting in line to cast their ballots.

But nobody has yet come to terms with a new type of electioneering that goes hand in hand with universal absentee voting. We call it “remote electioneering” and define it as an attempt to influence or solicit votes among absentee voters between the time they receive their absentee ballot and the time they submit it to their election office. Obviously, the opportunities for what in normal circumstances would qualify as illegal electioneering multiply considerably with absentee voting, since there is no way of knowing the extent to which partisan activists attempt to influence the behavior of absentee voters.

CTCL’s Goal Was to Influence Absentee Voters

But we have a glimpse of the attitudes of Democrat election activists toward electioneering with absentee ballots through Center for Technology and Civic Life (CTCL) documents, which outline the actions that the major recipients of their Covid-19 Response Grant Program would have to fulfill as conditions of keeping their grant money. By the admission of the activist election officials in Wisconsin who were funded by CTCL in 2020, absentee ballot electioneering was one of their major goals. Grant recipients were required to “Encourage and Increase Absentee Voting (By Mail and Early, In-Person),” mainly through providing “assistance” in their completion and the installation of ballot drop boxes. They were also to “dramatically expand strategic voter education & outreach efforts, particularly to historically disenfranchised residents” in states such as Georgia, Pennsylvania, and Wisconsin, which in 2020 were flooded with no-excuse absentee ballots for the first time ever.

We know that absentee ballot electioneering occurred in areas in these states where CTCL had a substantial presence because it was part and parcel of CTCL’s requirement that absentee voting be promoted, assisted, and increased. Ongoing contact between activist election officials and millions of new absentee voters was not only encouraged in areas that received big CTCL money, it was required.

Wisconsin Illustrates Extravagant Plans

The Wisconsin Safe Voting Plan, which served as the basic template for CTCL’s nationwide efforts during the 2020 election, provides documentation of their extravagant plans to use key election offices to electioneer the absentee vote that they were so intent on promoting.

Election officials in Wisconsin who were “on the street” had enough contact with voters to bemoan the fact that “countless [individuals]” in their municipalities attempted to submit cell phone “selfies” as valid photo ID. Explaining to them that this was not a valid form of photo ID and instructing them on how to properly submit valid ID reportedly “took considerable staff time and resources.”

If election officials had such knowledge, they must have had extensive contact with such low-information absentee voters while they were in the process of completing and submitting their ballots. If this were at the polling booth, it would qualify as illegal electioneering because election officials had “extensive contact” with in-person voters who were completing and submitting their ballots.

A great deal of concern was expressed about “Voters who, understandably, were completely confused about the timeline and rules for voting in the midst of a pandemic and required considerable public outreach and individual hand-holding to ensure their right to vote.” Figuratively “holding someone’s hand” as they cast a vote — whether absentee or in person — seems to be the very definition of electioneering.

The city of Green Bay planned to spend $45,000 to employ bilingual “voter navigators” to help residents properly upload valid photo ID, complete their ballots, comply with certification requirements, and offer witness signatures.  But it would be illegal for poll workers to help voters complete their ballots when voting in person. Why should it not be illegal for partisan activists to help people complete their absentee ballots?

The city of Racine wished to create a corps of “vote ambassadors.” Racine officials said they would recruit, train, and employ such paid ambassadors to set up at the city’s community centers to assist voters with all aspects of absentee ballot requests. But how do we know that the diplomatic efforts of such “ambassadors” would not be exercised exclusively on behalf of their own partisan interests when “assisting” in the completion of absentee ballots?

Violating Voting Booth’s Sanctity

The sanctity of the voting booth used to be considered one of the sacred traditions of American democracy, as it protects the right of individuals to determine who will represent them in government. But the kind of Democracy™ that involves the indiscriminate mass mailing of no-excuse absentee ballots is a top-down endeavor, where most of the power, initiative, and agency is on the side of Democrat politicians and leftist election activists rather than voters.

Their plan is to influence, cajole, and incentivize the least civically engaged, least informed, most apathetic individuals within their jurisdictions to fill out absentee ballots in a way that validates the consolidation of Democratic Party power. Absentee ballot electioneering is the key to a more modern way of “stuffing the ballot box” in an era where activists have convinced a significant number of people that their voting rights have been fatally compromised if they are not permitted to cast a ballot in whatever way is most effortless for them.

The fact that opportunities for electioneering are so few at the polling place, and so plentiful during the time that elapses between the receipt of absentee ballots and their submission, suggests another reason those who wish to find new ways to interfere in legitimate elections are the most strident advocates of universal mail-in voting. It also provides yet another reason why people who believe in free and fair elections should spare no effort to resolutely oppose no-excuse absentee voting in 2022.


William Doyle, Ph.D., is principal researcher at Caesar Rodney Election Research Institute in Irving, Texas. He specializes in economic history and the private funding of American elections. Previously, he was associate professor and chair in the Department of Economics at the University of Dallas. He can be contacted at doyle@rodneyinstitute.org.

I Was In Philadelphia Watching Fraud Happen. Here’s How It Went Down


Reported by Jerome M. Marcus NOVEMBER 10, 2020

Legacy media are lying when they claim that all of President Trump’s allegations of voter fraud are baseless. I know, because I argued a case on the president’s behalf in federal court in Philadelphia.

At issue was President Trump’s request for an order changing the way Pennsylvania absentee and mail-in ballots are being reviewed at the Philadelphia Convention Center. CNN and others claim he “lost.” That’s false: he won. As I made that argument on behalf of the president’s campaign, I can tell you what really happened.

President Trump went to court about two problems: First, only a handful of Republican observers—substantially fewer than the Democrats had there—were being admitted to the room at the Philadelphia Convention Center where inspections were being conducted. Second, the few who could get in weren’t permitted to get close enough to see what was actually happening. The most important questions all have to ask are: Why all the hiding? What’s being hidden?

At the Convention Center counting location, I personally observed dozens of Trump campaign volunteers being barred from the counting room even though they’d been properly registered as observers. That’s why I urged Pam Bondi and Corey Lewandowski, who were on the scene, to authorize the filing of a request that a federal court order the Board of Elections to stop this nonsense.

More hiding: despite a binding order of the state’s Commonwealth Court, the handful of Republican observers who could get into the room weren’t being allowed up to the barrier set at six feet from the closest tables where work was being done. So even though they were in the room where it was happening, they had no way to tell what was happening. If there’s no fraud, why is the Democrat-controlled Board of Elections unwilling to let people get close enough to actually see what its people are doing?

So on a borrowed laptop at around 2 p.m. on election day, I typed up a very short document to start a federal lawsuit and to request that the federal court intervene to prohibit these unfair practices. At about 4:30 p.m., its filing was authorized by the campaign.

The federal judge ordered a hearing that began at 5:30 p.m. and went for two hours. In open court, the  judge compelled the Board of Elections to agree that the Republicans could have up to 60 representatives in the room. That was a huge victory, not only for Republicans but for anyone who actually wants to have a vote tabulation worthy of belief.

He also compelled the board to agree that all observers, Democrat or Republican, could get up to the six-foot barrier. While the Democrats claimed that of course, of course, they had always been letting people in and letting them up to the barrier, I had a long list of witnesses who were prepared to testify that this was false. The judge told the defendants pointedly that if they didn’t do what they’d promised in his courtroom they would, he had plenty of authority to make them keep their word.

Having secured this agreement from the Board of Elections, the court dismissed the president’s motion for court-ordered relief as moot. Courts often do that when they secure an agreement between the parties. It means the court doesn’t have to issue an order, which would be appealable, granting or denying the motion, and it means the court doesn’t have to write an opinion. What it doesn’t mean is that the request made on behalf of President Trump to stop the election fraud was moot, despite the false spin CNN and other mainstream media put on it. All of this was a victory for President Trump and anyone else who believes in open government.

I’m no longer surprised by anti-Trump non-news coming from the likes of CNN. But I cannot imagine why Pennsylvania Republican leaders have suggested there’s no reason to think that anything wrong or fraudulent is going on in the counting of Pennsylvania’s votes.

If that were true, why in the world would the Democratic-controlled city government be working so hard to keep Republicans out of the room where those votes are being counted? In a world where every car that drives down the street is on video, why isn’t all of this counting being conducted in broad daylight, under watchful eyes? What do they have to hide?

Other people have gathered substantial evidence that there are indeed things to hide, including this video showing, among other things, footage of government officials wearing Joe Biden facemasks filling in blanks in already-submitted mail-in votes. The hearing I attended wasn’t about that, but it was about the conditions that make that possible.

No one who wants a legitimate vote count should be working to keep observers out of the room where the votes are counted. Yet for some reason the City of Philadelphia sent three lawyers, including the city solicitor himself, to a hearing to try to persuade a federal judge that he shouldn’t even bother addressing President Trump’s request.

Fortunately, the federal judge didn’t take that advice, and he forced the Board of Elections to do the right thing. I call that a solid victory for everyone—except for those with something to hide. For some reason, all of this hiding was being done by Democrats, for Biden.

Jerome M. Marcus is an attorney in private practice in Philadelphia.

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