Obamacare’s voter registration engine is about to rev up. Thank Justice Roberts.

We’ve all heard the criticism before: Obamacare, at its core, is little more than a voter registration drive for incumbent political interests. This week, the Obama Administration was formally put on notice by some of its closest allies for dragging its feet on completely integrating voter registration into Obamacare enrollment. Project Vote (formerly of ACORN fame), DEMOS (once predicted 68 million new voters thanks to ACA) and the League of Women Voters (regular voter ID litigants) are the three groups threatening a federal lawsuit against the Administration. Here’s the state of play:

  • The National Voter Registration Act of 1993 (NVRA) requires STATE service agencies to offer registration opportunities as part of agency-specific covered transitions (like getting a driver’s license at the local DMV).
     
  • Progressive interest groups have long-bemoaned the plateauing effect seen on voter registration thanks to the NVRA over the years. They want a game-changer.
     
  • Depending on where you live in the country, your Obamacare experience can come in a variety of forms: federal exchanges (with or without subsidies); state exchanges (with or without subsidies); Medicaid enrollment; or the penalty for noncompliance.
     
  • If you engage with a state exchange or Medicaid, voter registration should be offered along the way as state officials will eventually handle your application. If you work with a navigator, voter registration is typically offered as well.
     
  • But for the residents of 30 states without local exchanges claiming incomes above Medicaid levels, voter registration isn’t typically offered. That’s the largest segment of the market. That’s where ACORN’s old pals want to play.

The three groups are threatening a lawsuit they know won’t fly in the hopes that an executive action is made to remedy their collective concerns instead. Why is Chief Justice Roberts to blame? King v. Burwell ruled that “State Exchanges and Federal Exchanges are equivalent — they must meet the same requirements, perform the same functions, and serve the same purposes.” Are we about to see a new interpretation of the NVRA? Keep your eyes open on this one.

 

The IRS dodges the perp walk

You probably saw it in the news this week, but take it straight from us – TTV is not happy about the Justice Department’s decision over the weekend to drop its investigation into IRS targeting. TTV knew this was a game of dirty pool from the beginning. When the FBI refuses to interview you unless the same DOJ attorneys you’re litigating against in a civil case will be allowed to question you as well, the investigation has problems. Worse, the same DOJ personnel who cleared Lois Lerner’s name last week coordinated with her in 2010 to explore criminal cases against groups like TTV. In a release circulated after the revelation, TTV Founder Catherine Engelbrecht had this to say: “This is the act of a lawless Administration. Consider all we’ve already seen on their watch, from the Fast and Furious murders to Benghazi and Hillary Clinton’s abuse of top secret emails -- the FBI’s closing of their investigation is par for the course in the Obama Administration, where criminals walk free and honest Americans fear their government.”

Frankly, the House of Representative’s move to impeach IRS Commissioner John Koskinen this week is little more than a consolation prize.

 

Did you know? PEW Research highlighted a study which detailed the total amount it would cost to collect ALL voter files in the country. For True the Vote to build a national voter roll research effort, it costs $126,482 just for the raw data! If you haven’t yet, please consider making a tax-deductible contribution to help underwrite our research efforts.

 

Colorado’s vote-by-mail law needs hand delivery to survive

Sometimes you just have to let a bad election law tear itself apart. This week, new-ish Colorado Secretary of State Wayne Williams put forth an urgent plea (at no fault of his own) that voters NOT put their completed mail-in ballots back in the mail. A press release from the CO-SOS office explains, “Several county clerks have expressed concern that the U.S. Postal Service did not deliver their ballots in a timely manner. Those ballots that are filled out and mailed are, for the most part, sent to the USPS’s sorting center in Denver, and then returned to the county clerks. That’s why the Secretary of State’s office is recommending ballots be hand-delivered rather than mailed to ensure they are received by Election Day.”

If you’re a Colorado voter and aren’t sure where your new drop location is, this official website offers an interactive, statewide map to point you in the right direction.

 

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Elderly Chinatown voters the target of new voter fraud allegations by and against Democrats

Indiana files multiple felony voter fraud charges against son of Democrat candidate

Catherine Engelbrecht Responds to DOJ Decision to Drop IRS Investigation

“Misusing the Voting Rights Act”

TRUE THE VOTE RESPONDS TO DOJ’S CLOSING OF INVESTIGATION INTO IRS TARGETING

Fox News Channel; America's Newsroom w/Bill Hemmer-Martha MacCallum

Newsmax; Cleta Mitchell: DOJ Probe of IRS Abuses Was a 'Sham'

NewsmaxTV; Catherine Engelbrecht and Cleta Mitchell on the DOJ dropping the probe of the IRS

Townhall; Obama's IRS: "Where Criminals Go Free and Americans Fear Their Government"

Front Page Magazine; The IRS's Ongoing War against Tea Party Groups

Townhall; Of Course: Democrats Defend IRS Commissioner, Slam Impeachment Resolution

A systematic organization of harvesting ballots

Democrats love to pretend that voter fraud doesn’t exist, until they become victims of fraud themselves. In this case, as is often the case, fellow Democrats are implicated, accused of stealing ballots from elderly Chinese voters.

The Asian Pacific Democratic Club, which is endorsing incumbent Supervisor Julie Christensen, filed a voter fraud complaint after at least 25 elderly voters in a Chinatown housing project said their ballots were filled out or taken by women supporting challenger Aaron Peskin, a former Supervisor and past president of the San Francisco Democratic Party Central Committee.

Voter fraud investigations aren’t new to Chinatown. In 2011, supporters of Democrat Mayor Ed Lee “were videotaped filling out people’s ballots with a stencil. ‘The common thread here is there’s a systematic organization of harvesting ballots in these nonprofit buildings.’”

A police officer is charged with committing voter fraud in an effort to help his father get elected to city council, state police say. Officer Lowell Ross Colen, 42, faces 13 felony counts in connection with the Ohio County primary election last May… Colen’s father, Frances, won the primary and is running for one of five seats in the November general election.

Mug Shots-IN-ColenIN-Rising Sun voter fraud

According to Indiana State Police, a four-month investigation that began in June revealed Colen filled out absentee voter applications and ballots for people who weren’t eligible to vote in the county. He allegedly forged signatures on some documents and turned them in to the Ohio County Clerk’s Office, ISP said.

Earlier this month in Indiana, a federal grand jury indicted Sullivan County councilman Max Judson on multiple voter fraud charges related to the May 2014 Democrat primary election.  Judson, who won that primary by just 18 votes, admitted to the FBI that he illegally assisted at least 15 voters.  According to the complaint, “JUDSON stated that on nearly all of these occasions, JUDSON either told these Voters how they should vote or which bubbles to fill in on their ballots. JUDSON admitted that he knew his conduct to be wrong, and that as a candidate he should not have been involved in the voting process.”

Richmond Times Dispatch op ed:

“The public policy ramifications of allowing this challenge to continue are staggering. Under these plaintiffs’ theory, any cost or burden of voting — no matter how small — is too much. How about the cost of transportation to get to the polling place? Or the cost of waking up early to vote before work? Or the burden of remembering to vote at all? There is no logical end to the dangerous position taken by the political operatives and the Democratic Party of Virginia.

In reality, voting — like all civic duties — does come with a price. It does require a modest amount of personal sacrifice. The Voting Rights Act was designed to ensure that no eligible voter is denied the right to vote based on race, not to make voting a mindless exercise.”

HOUSTON, TX. -- October 23, 2015: True the Vote (TTV), the nation's leading voters’ rights and election integrity organization, today released a statement in response to the U.S. Department of Justice’s disclosure that its investigation into IRS targeting of tax-exempt groups has closed.

This is the act of a lawless Administration. Consider all we’ve already seen on their watch, from the Fast and Furious murders to Benghazi and Hillary Clinton’s abuse of top secret emails -- the FBI’s  closing of their investigation is par for course in the Obama Administration, where criminals walk free and honest Americans fear their government,” True the Vote Founder Catherine Engelbrecht said. 

To say there is no evidence of discrimination makes a grand mockery of all the hearings held over the past two years, when average citizens testified before Congress about IRS targeting. There is a trail of documentation that clearly shows the abuse of American citizens who’d been singled for their perceived political views. The evidence is all readily available. Yet, this very minute I’ve still not been interviewed about the abuses we endured because the DOJ has refused to meet with me unless they can pack the room with the same group of lawyers who are currently fighting against True the Vote by defending the IRS in court,Engelbrecht continued.  

“The FBI has failed to protect the interests of the American people, choosing instead to help a political party tidy up loose ends before a presidential election. But come November, voters can do what bureaucrats won’t – they can choose to clean house in DC and end the rampant lawlessness of an Administration that is corroding our Country from the inside out.”

True the Vote’s lawsuit against the IRS continues with hearings before the U.S. Court of Appeals in D.C. in early 2016.

Click here to read the DOJ letter to the House Ways and Means Committee reporting the IRS investigation closed.

 

True the Vote (TTV) is an IRS-designated 501(c)(3) voters’ rights organization, founded to inspire and equip voters for involvement at every stage of our electoral process. TTV empowers organizations and individuals across the nation to actively protect the rights of legitimate voters, regardless of their political party affiliation. For more information, please visit www.truethevote.org.

VoteStand is now available for both iOS (Apple) and Android devices free of charge. For more detailed technical information, visit the official VoteStand website at www.votestand.com.

###

Four Takeaways from Wisconsin’s Latest Voter ID Victory

Wisconsin’s voter ID law withstood another attack this week in federal court after a collection of activist organizations failed to receive a permanent injunction. There are a handful of interesting takeaways in the ruling.

The ongoing, national nuisance lawsuit strategy against voter ID laws can fail – even with friendly audiences. You may recall that Wisconsin’s voter ID law was challenged prior to the 2014 Election and found for the plaintiffs on the district court level. The ruling would later be reversed by the 7th Circuit Court of Appeals. In this week’s court order, the same judge that ruled for the plaintiffs in the past found their newer claims to be overreaching with moot and unripe claims.

Unexpired student IDs issued by accredited institutions of higher learning are already acceptable at the polling place. The court noted where the State clearly allows student IDs under current enforcement of the law and found concerns that state election officers may change their policies in the future to be wholly premature.

Requests of the court to recognize that out-of-state IDs should have been allowed collapsed on themselves. All individuals named in the case claiming to be unable to obtain IDs were considered moot issues as they admitted to being able to obtain or currently hold other forms of acceptable IDs.

The Court found that Wisconsin has a responsibility to “draw the line” on the type of IDs allowed. A final issue raised was due to the exclusion of Veterans Affairs Department-issued ID cards from the slate of acceptable forms. Plaintiffs argued that although they were able to obtain other forms of ID, VA cards should have been allowed because they were “just as secure.” The court reasoned that Wisconsin had to eventually “draw the line” on acceptable forms—unless they’re prepared to track and train election officers on every form of ID in the country that would be “just as secure.”

Bottom line, Wisconsin is still a proud voter ID state.

 

Did you know? PEW Research highlighted a study this week, which detailed the total amount it would cost to collect ALL voter files in the country. For True the Vote to build a national voter roll research effort, it costs $126,482 just for the raw data! If you haven’t yet, please consider making a tax-deductible contribution to help underwrite our research efforts.

 

Indiana ‘Ballot Selfie’ Law Loses and Early Court Battle  

You may recall back in August when TTV applauded the ACLU’s (yes, the ACLU) effort to attack bans against “ballot selfies” in Indiana’s polling places. This week, a federal judge in that state granted a preliminary injunction against the 2015 law prohibiting personal ballot photography. There are a couple of things in play here. First, many states have not updated election codes to reflect the widespread ownership and potential use of smartphones at the ballot box. Some only ban the photography of marked ballots, while others have blanket bans on phones within a 100-foot radius of a voting location. There are plenty of states operating in-between or none at all.

True the Vote supports the effort to free up smartphone use within the polling place as it encourages wider use of our election integrity app, VoteStand. As more states allow personal photography and other phone uses, your ability to report irregularities will only improve.

 

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Media Trackers Wisconsin; GAB Official’s Relationship with IRS’s Lerner Spanned Personal to Professional

Five Things to Know about California’s New Voter Registration Law

You know there’s a bad policy proposal floating around when True the Vote and the ACLU agree that it’s bad news for all involved. As you may have heard, California considered automatic voter registration with the intent of boosting voter participation. If you’re looking for a quick primer on what happened this week, look no further. 

  1. AB 1461, formally known as the California New Motor Voter Program, was quietly signed into law on Saturday, October 10.
  2. The new law will rely on California’s DMV database to transmit driver data into the statewide voter roll. The problem, however, is that the DMV does not store records according to citizenship status – nor does it plan to. Keep in mind, CA began handing out driver licenses to legal and illegal noncitizens in January of this year.
  3. Registration and voting by noncitizens will be a feature, not a glitch under this law. Policymakers stripped requirements for the DMV and Secretary of State to specifically work together to ensure noncitizens don’t land on voter rolls. In its place, noncitizen offenders will be protected from criminal prosecution.
  4. The law does not go into effect immediately. California remains noncompliant with a federal law requiring the state to have a functioning database of registered voters. Until the Silicon Valley State manages that task, the new law is a nonstarter. Fun fact: the rest of the country built their respective systems a decade ago.
  5. You can fight back. The key to overturning this law does not lie in the courts – it’s in Sacramento. If and when the law eventually goes into effect, a herculean research effort to comb Golden State voter rolls must occur to clearly demonstrate the damage caused by the program. If you reside in California and want to lend a hand, the Election Integrity Project of California needs to hear from you. Don’t live there? True the Vote wants your help.

 

Did you know? PEW Research highlighted a study this week, which detailed the total amount it would cost to collect ALL voter files in the country. For True the Vote to build a national voter roll research effort, it costs $126,482 just for the raw data! If you haven’t yet, please consider making a tax-deductible contribution to help underwrite our research efforts.

 

Kansas SOS Initiates Voter Fraud Prosecutions

Kansas Secretary of State Kris Kobach made history this week as he moved to utilize new powers granted to the SOS to prosecute alleged voter fraud. Three cases were filed against individuals in Johnson and Sherman Counties. The defendants were all alleged to have double voted across states lines and were registered Republicans at the time. To read more about these cases, check out this story in The Wichita Eagle.

 

Get the October National Call Replay Here!

Couldn’t listen in during our October National Call featuring National Review Online contributor John Fund on the subject of disparate impact’s effect on election integrity? Click here to grab the replay. Remember to share it with your friends, too.

 

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Kansas Secretary of State files first criminal voter fraud cases under new prosecutorial authority

October 2015 National Call: Disparate Impact w/ John Fund

Multiple voter fraud charges filed in contested Texas election

Hundreds of voter fraud accusations tied to Ohio pot petition drive

The Washington Times; Critics predict new California motor-voter law will flood rolls with noncitizens

Allen B. West; ALERT: California just signed bill AUTOMATICALLY registering this group to VOTE

Breitbart News; Jerry Brown Signs Bill That Could Let Illegal Aliens Vote

Investor's Business Daily; Jerry Brown Cooks Up A Recipe For California Voter Fraud

Fox News Channel; Critics warn this new CA law will let illegal immigrants vote

NumbersUSA; California Passes New Motor Voter Law That Could Allow Some Illegal Aliens To Vote

“Double voting is a serious crime. It undermines the equality of citizens.”

Kansas Secretary of State Kris Kobach’s office has charged three voters in two counties of casting ballots illegally while voting in another state in the same elections, filing the first cases under a new state law giving him the power to prosecute election fraud allegations.

A total of 16 charges were filed against the three accused double-voters for fraud dating back as far as 2010.  Kobach says more prosecutions are coming.

“Our republic is based on the principle of one person, one vote,” Kobach said in a brief interview. “Double voting is a serious crime. It undermines the equality of citizens.”

Yes, voter fraud exists and yes, it changes the outcome of elections.  The Monitor:

The Texas Attorney General’s office has filed 16 charges against Lupe Rivera Sr., alleging that the Weslaco city commissioner violated the state’s Election Code during the 2013 race for his District 5 seat… The charges are in response to a criminal complaint Letty Lopez filed with the Secretary of State’s office earlier this year.

Lopez had fallen short by 16 votes to Rivera Sr. in the November 2013 election in question. Claiming voter fraud, Lopez contested the results of the election in a highly-publicized legal dispute that lasted for more than a year and a half.

Despite State District Judge Menton Murray Jr. calling for a new election in June 2014, this after finding that 30 ballots were illegally cast in the race, the process was hung up for nearly a year by Rivera Sr.’s appeal. The longer the case was delayed, the more scrutiny befell Rivera Sr. and his attorney, State Democratic Party Chair Gilberto Hinojosa, for appealing Murray’s decision.

Two years later, with the fraud-tainted 2013 results thrown out, a new election has finally been scheduled. But it’s not all bad news for Rivera: “the charges Rivera Sr. faces are not likely to affect his candidacy for the Nov. 3 election.”

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