An Early Model

The Georgia Senate has passed, and sent to the Georgia House, election reform legislation that could be a model for other States to follow—while, say I, encouraging—requiring, really—the Federal government to butt out.

Some highlights:

  • eliminate no-excuse absentee voting and
  • limit mail-in ballots to individuals who qualify based on specific criteria
    • people who are physically disabled
    • are over 65 years old
    • are eligible as a military or overseas voter
    • have a religious holiday around election day
    • work in elections
    • somehow need to be outside their voting precinct during the early voting period and election day
  • eliminate no-excuse absentee voting
  • require voter identification to request an absentee ballot
  • require Georgia to participate in a nongovernmental multi-state voter registration system to cross-check the eligibility of voters
  • allow mobile voting units to be used only to replace current brick-and-mortar voting facilities, not supplement them
  • set up a telephone hotline to receive complaints and reports regarding voter intimidation and election fraud, and require the State’s Attorney General to review them within three days

Discovery

…can be fun. I’ve often said that in a variety of other venues. Here’s an example of the fun that can be afforded by discovery. Of course, what I’m talking about is the legal process that kicks off most any legal proceeding, a stage during which all parties to a litigation are required to show to all the other parties, voluntarily or under subpoena, everything they have that bears on the matter being litigated.

Dominion Voting Systems has filed, in the DC District, a $1.3 billion lawsuit against lawyer Rudy Giuliani over the latter’s claims regarding Dominion’s varied failures to perform during the just concluded national elections. (Aside: the amount being demanded by Dominion should be a clue to the degree of irrationality of the company’s case.)

The existence of Dominion’s suit now allows Giuliani and his team to investigate the company’s history, finances and practices fully. Here’s Giuliani re the suit:

We get to see the machines that are crooked, the ballots that are fraudulent, and if we’re wrong, we will be made fools of. But if we’re right, a lot of them will go to jail. So, let’s have a trial by combat.

Critically related to that is the fact that Giuliani and his team will have access to all of Dominion’s machines and software that were used in the elections, and those machines and that software must be intact, including all election-related matters as they existed on those machines during the elections and during the ballot-counting on Election Day and the ensuing days.  [T]he actual machines used on 11/3 AND they have to be unwiped — still containing the results from that day, as radio talk show host Joe Pagliarulo put it.

Obfuscating Harm

The Wall Street Journal has an opinion on the nature of Texas’ suit against four other States regarding their conduct of the 2020 Presidential election in their States.

This legal analysis will upset many readers….

The Editors’ analysis is itself flawed:

Can a state be harmed by the way other states conduct their elections?

and

This one [Texas’ suit] concerns election law in states other than Texas.

And many other, similar statements. These are attempts to change the subject that would make Saul Alinsky proud.

The case Paxton, et al., have brought to the Supreme Court is about the defendant four States’ violations of their laws, not about those laws themselves, and through those violations, those States’ violations of our Constitution. Of course, one State cannot be harmed by the way other States conduct their elections—unless those States conduct their elections in illegal ways. In that case, the harm is grave, indeed.

There’s this, too, regarding the harm the States of Texas, et al., suffered, as summarized by Hans von Spakovsky, writing in The Daily Signal:

Additionally, the one-person, one-vote principle “requires counting valid votes and not counting invalid votes.” This damaged Texas because in “the shared enterprise of the entire nation electing the president and vice president, equal protection violations in one state can and do adversely affect and diminish the weight of votes cast in states that lawfully abide by the election structure set forth in the Constitution.”

Thus, the question is whether a State can be harmed by another State’s disregard for the Constitution that binds them together and that other State’s violation(s) of its own election laws. Whether one State can be harmed by the way another State conducts its elections is a cynically offered strawman.

With regard to the remedy Texas is requesting, the press—not only the WSJ—has distorted that as well, claiming that Texas wants the elections in those States thrown back to those States’ legislatures. What Texas actually is asking is this, again as summarized by Spakovsky:

The state is asking for a declaratory judgement that the administration of the election by Pennsylvania, Georgia, Michigan, and Wisconsin violated the Constitution; that their Electoral College votes cannot be counted; and to order that these states “conduct a special election to appoint presidential electors.”
If the states have already appointed their presidential electors, Texas asks that their legislatures be directed “to appoint a new set of presidential electors in a manner that does not violate the Electors Clause and the Fourteenth Amendment, or to appoint no presidential electors at all.”

Of course, a special election or any other manner that does not violate the Electors Clause and the Fourteenth Amendment need not be done solely by any State’s legislature.

Regarding already completed certifications (another concern of the WSJ), if those certifications were of illegally achieved outcomes, there is nothing lost and everything gained by setting them aside. The inconvenience to some of the set-aside isn’t relevant.

One last point. The press is constantly claiming that these efforts are aimed at overturning the election results. This, too, is an Alinsky-esque distortion of impressive magnitude. The results of the election are what the people decided with our collective votes. These efforts—the Texas effort in particular—is about upholding the election results by removing the obstacles of those four States’ illegally conducted election processes. Until those obstacles are removed, we cannot know the people’s choice, we cannot know the election’s outcome.

In the event, the Supreme Court declined Friday night to hear Texas’ case.

Who’s Eligible to Vote?

Recall the Georgia runoff elections for two Federal Senate seats and the parallel efforts by both parties to register new voters—including encouraging folks from out of State to become citizens of the State and register to vote on that 5 Jan 21 election day.

Here’s Tracy Beanz of UncoverDC.com:

In reading the GA constitution, it appears that newly registered voters should NOT be eligible to vote in the runoff election.

Here’s the Georgia Constitution.  Here’s Section II, Paragraph II of that Constitution, which deals explicitly with runoff elections (some folks really do plan ahead):

Paragraph II. Run-off election. A run-off election shall be a continuation of the general election and only persons who were entitled to vote in the general election shall be entitled to vote therein; and only those votes cast for the persons designated for the runoffs shall be counted in the tabulation and canvass of the votes cast.

Thus, any citizen of Georgia who hadn’t registered to vote in the 3 Nov 20 election, and so wasn’t entitled to vote then, doesn’t seem entitled to vote in the continuation (runoff) election, even if he registers now.

That would seem to leave all the Johnny-Come-Latelies now entering the State to register and vote on 5 Jan still ineligible to vote on 5 Jan, although they can register to their heart’s content and vote in other, separate, elections in 2021. If they hang around and don’t leave (which latter could expose them to felony charges for violating Georgia election laws).

Who Was Audited?

Recall the hoo-raw over the Dominion Voting Systems machines in Georgia. Georgia’s Secretary of State  Brad Raffensperger, a Republican, authorized an audit of those machines and last month announced the audit’s results: “no evidence of the machines being tampered.”

Pro V&V, “a US Election Assistance Commission certified testing laboratory,” was the company Raffensperger hired to do the audit. The company, according to its Web site,

was founded in 2011 by individuals possessing a combined testing experience of over 30 years[]

and it was accredited by the US Election Assistance Commission in 2015.

The company doesn’t identify its founders, or how many of them there are, so it’s impossible to assess the value of those combined 30 years of experience. Two guys, averaging 15 years each, which would be serious experience?

Five guys, averaging 6 years each?

Software (and hardware) testing is what I did, as Test Director for a defense contractor, in another life. Six years of testing software isn’t all that, not when the tester needs to have a clear and extensive level of understanding of the nature of the software being tested. Software driving a fighter aircraft simulator is vastly different from software driving Windows Word™ software is vastly different from software driving your laptop’s firewall…is vastly different from software that drives voting systems computers. How qualified are these guys, really? Maybe thoroughly qualified, maybe not so much.

But here’s the thing, folks. Pro V&V has a several-years-long relationship with Dominion, which Raffensperger plainly knows, or should have known.

[Pro V&V] has for several years overseen testing of Dominion’s voting software, federal records indicate.

And

US Election Assistance Commission records show that Pro V&V has for multiple years served as the “testing lab” for Dominion’s Democracy Suite voting software. Records from 2020, 2019 2018 and 2017 all list Pro V&V as the tester for several successive iterations of Democracy Suite.

Who, indeed, was it being audited?

Hmm….