Archive for the 'voter fraud' Category

In apparent haste, with not all its members appointed, the President issued the executive order establishing the Pence vote fraud Commission. The appointments still to come will add only marginally to an understanding of this Commission’s objectives. As the Order is written, and with the naming of Kansas Secretary of State Kobach as Vice Chair, those objectives are clear, and the outcome not hard to forecast. And yet there are extraordinary features to the Commission, none of them surprising, and none are the result of error or lack of foresight.

Begin with the leadership:

The Chair is the Vice President of the President who has announced that millions of illegal votes were cast in the last election, all against him (or for his opponent). Now Mr. Kobach, as Vice Chair, has joined the leadership ranks as a public supporter of the President’s claims.  He has said that the “White House has provided enormous evidence with respect to voter fraud.” This is untrue.   As for the problem of non-citizen voting, Kobach has asserted that there is a “lot of evidence” of it. This is also untrue. The larger point is that the Vice Chair of the Commission has reached these conclusions long ago, before a day of testimony or an hour of deliberation. What are the chances that this Commission will arrive at judgments contrary to the ones asserted so confidently by the President--and echoed by Mr. Kobach whose bid for national prominence rests on loudly ringing the alarm about voter fraud?

Now, onto the Commission's purposes:

Commissioner Weintraub and her Critics

February 23, 2017
posted by Bob Bauer

The FEC got back into the news when Commissioner Weintraub issued a statement, posted to the FEC website and distributed via Twitter, that President Trump should produce some evidence to support his claim of voter fraud. An organization that calls itself Cause of Action filed a complaint with the FEC Inspector General, demanding an inquiry into whether the Commissioner’s expression of her views involved an impermissible diversion of government resources to a private political pursuit. Commissioner Weintraub replied that she would “not be silenced.”

One can only hope that in this demoralized agency, the IG finds better things to do. Just weeks ago, the President of the United States used Twitter to visit hell on a department store chain that discontinued his daughter's line of clothing. An FEC Commissioner’s use of a statement and a few hundred characters of twitter commentary to criticize the President’s voter fraud claims hardly seems the most compelling reason for concern about holding some line between the official and the personal.

Are Weintraub’s comments directly and squarely within the jurisdiction of the Commission, such that she can take some action in response to the President's failure to produce the requested evidence? No, but then again she rightly says that as a 13 year Commissioner, she should be free to take notice of any claims that bear on the integrity of elections. And she has tried, probably unnecessarily, to bolster her case by pointing out that anyone paying for busloads to come into New Hampshire to vote illegally may have committed a campaign finance violation.

Responses to a Pence Commission on Voter Fraud

February 15, 2017
posted by Bob Bauer

There seems to be a question of whether the media should provide platforms for Administration spokespersons who regularly use the airtime to disseminate falsehoods. “Truth matters,” Margaret Sullivan writes, and she worries that viewers will come away misled, as some might have last Sunday after Stephen Miller’s appearance in which he repeated the charge of “serious” voter fraud. But Sullivan misses the point that the Administration should be given every opportunity to say what it will on this subject (and others). We might regret that some in the audience, predisposed to believe these claims, may mistake them for facts. But Miller, following Trump, is helping, by speaking, to clarify the nature of this initiative, and it is important that it be understood.

One consequence of clear understanding will be the disinclination of true experts to participate in this process. Few with credibility will be anxious to sign up to validate the work of a Commission launched to validate a conclusion already reached. And, as Miller made clear, this conclusion rests on what “everyone”--at least everyone in New Hampshire--knows. It is hard to imagine who will take this “everyone knows” school of election administration seriously and risk their reputations by enrolling in it.

In the normal case, when a Commission-in-the-making is virtually founded on the rejection of expertise, its bid for respectability would be a long shot. But when its political purpose is plain, because it is the creation of candidates pursuing their own self-interest, it has no hope. The President’s staunchest political allies might stay with him on this, and he can count on groups that thrive on allegations of fraud. In the wider world of administrators and experts, both Democratic and Republican, the prospects of having to engage with this Commission will inspire dread.

This leaves members of this community with a couple of choices.

The Pence Commission on Voting Fraud

February 8, 2017
posted by Bob Bauer

President Trump’s arrangement for an inquiry into election voting fraud is fatally compromised by political self-interest. Before the November election, he insisted that voter fraud might cost him the victory. After he had won, he decided that it robbed him of success in the popular vote. He put the number of illegal voters at 3 to 5 million, all of it allegedly committed at his expense.

And having taken this position, he is not only looking back. He is already a candidate for reelection, and this project would serve his purpose of reducing the risk of another popular vote disappointment. So he will establish a presidential commission to look into voting fraud, and he intends to appoint as its chair his Vice President, who was his presidential running mate in the last election and will very probably be on the ticket again 2020

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This process has lacked credibility from the start, and if it were only a matter of appreciating the nature and limitations of this political project, then not much more attention would need to be paid to it. But in what happens next, once this Pence Commission is formed and launched, the long-term cost to bipartisanship in voting reform could prove high.

There has been to this point room for bipartisan cooperation on election reform, and it has been productive. This is not to say that the political parties don’t fight over these issues, and sue each other, or that self-interest and outright chicanery is not evident in legislation, regulation, administrative interpretation and positions taken in litigation. But there has been over the same time that the “voting wars” have broken out, Democrats, Republicans, and others have done what they could to figure out where, in the interests of voters, the partisan brawling could give way to measured, professionally disciplined discussion of real problems and feasible reforms to improve the voting experience for all citizens.

This cooperation has occurred in support of special studies like the one undertaken by the Presidential Commission on Election Reform. It continues through other programs, such as those sponsored by the Bipartisan Policy Center. BPC in fact recruited to this work a former Commission member, a Democrat, and a former Republican Secretary of State, a Republican, who were paired in the leadership of this work. The Commission, the BPC and other similar initiatives have counted on, received and benefitted enormously from engagement on a bipartisan basis with the National Association of Secretaries of State, the National Association of Election Directors and other election administration professionals. These relationships provide access to reliable information and to the best judgment of experienced officials and experts. The keys are bipartisanship and professionalism.