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ELECTIONS

Drop the Georgia Election Lawsuit The suit is an all but certain loser in light of Brnovich v. DNC.

https://www.wsj.com/articles/drop-the-georgia-election-lawsuit-11625517739?mod=opinion_lead_pos2

Attorney General Merrick Garland is the front-runner so far for 2021’s bad timing prize. The Justice Department last month rushed out a lawsuit claiming that Georgia’s new election law violates Section 2 of the 1965 Voting Rights Act only days before the Supreme Court laid down standards that make the lawsuit a nearly certain loser.

Justice knew the likely timing of the Court’s ruling in Brnovich v. DNC, so a fair guess is that Mr. Garland succumbed to White House and progressive pressure to make a political statement to support Democratic efforts in Congress to federalize state election laws in H.R.1.

Bad call. Now federal judges hearing the case will have to contend with Justice Samuel Alito’s five principles in Brnovich as they assess the Georgia statute.

It won’t be easy to find legal fault under those principles. Mere voting inconvenience can’t be considered disqualifying, since all voting imposes some inconvenience. Any specific voting provision, such as the number of drop boxes, must also be considered in the overall context of a state’s voting rules. Georgia’s rules are generally lenient and don’t especially burden the ability of minorities to vote.

Perhaps Justice can find a federal judge somewhere to rule against Georgia, but such a ruling is unlikely to survive on appeal to higher courts. The legal and political result of the lawsuit is therefore likely to vindicate Georgia Republicans during the 2022 election season or leading up to 2024, depending on how the lawsuits proceed. Mr. Garland would be wise to drop the suit in light of Brnovich, lest his term at Justice be marred by the continuation of this patently political lawsuit.

Joe Biden, Merrick Garland set themselves up for disaster in Georgia voting rights case Jonathan Turley

https://www.usatoday.com/story/opinion/2021/07/02/supreme-court-arizona-election-law-georgia-merrick-garland/7825500002/

With its decision Thursday in the voting rights case of Brnovich v. Democratic National Committee, the court closed its term with a decision that will resonate not just legally but politically for years to come.

The 6-3 decision upheld Arizona’s new voting rules in Arizona over claims of racial discrimination. While the court said it would be imprudent to create a sweeping rule for all future such cases, it was equally imprudent for the Biden administration to ignore the forthcoming decision in filing a new challenge to Georgia’s new voting rights. The lawsuit against Georgia’s new voting rules was clearly timed to beat the court to the punch, but Brnovich delivers a haymaker for those seeking to block such state laws. Indeed, the decision magnifies the concern that the Georgia challenge is more of a political than a legal statement from the Biden administration.

In his majority opinion, Justice Samuel Alito upheld two new voting rules in Arizona that barred “harvesting” of votes by political groups and discarded ballots cast in the wrong precinct. The lower courts divided on the question. Some rejected the discrimination claims. However, the Ninth Circuit reheard the case and struck down the provisions. Alito rejected claims that such laws are presumptively racist and more narrowly construed the reach of Section 2 of the Voting Rights Act, which forbids restrictions that abridge the right to vote on account of race.

The Supreme Court agreed with a lower court that upheld the laws, that “the spark for the debate over mail-in voting may well have been provided by one Senator’s enflamed partisanship, but partisan motives are not the same as racial motives.”

Misinformation on Georgia voting law

NY mayor’s race in ‘chaos’ as 135,000 extra votes show up By Thomas Lifson

https://www.americanthinker.com/blog/2021/06/ny_mayors_race_in_chaos_as_135000_extra_votes_show_up.html

Don’t you dare question the integrity of the 2020 presidential election because Democrats can always be trusted to run fair, honest and transparent elections. That’s the narrative and you’re expected to stick with it, even in the face of then nation’s biggest, richest, most sophisticated city obviously bungling the race to elect its next mayor.

It’s so blatant that even the New York Times recognizes the problem and applies the word “chaos.” Katie Glueck writes:

The New York City mayor’s race plunged into chaos on Tuesday night when the city Board of Elections released a new tally of votes in the Democratic mayoral primary, and then removed the tabulations from its website after citing a “discrepancy.”

The results released earlier in the day had suggested that the race between Eric Adams and his two closest rivals had tightened significantly.

But just a few hours after releasing the preliminary results, the elections board issued a cryptic tweet revealing a “discrepancy” in the report, saying that it was working with its “technical staff to identify where the discrepancy occurred.”

NYC mayoral race in disarray after ‘discrepancy’ prompts withdrawal of ranked-choice results Tim Balk and Chris Sommerfeldt

https://www.msn.com/en-us/news/politics/nyc-mayoral-race-in-disarray-after-discrepancy-prompts-withdrawal-of-ranked-choice-results/ar-AALBkAu?li=BBnb7Kz

The error-prone Board of Elections hurled the city’s first-ever ranked-choice mayoral race into disarray Tuesday by releasing updated results showing Eric Adams’ lead in the contest shrinking drastically — only to withdraw those tabulations due to an unspecified voting “discrepancy” before calling it a night.

The BOE first dropped a tally that showed Adams, Brooklyn’s borough president, leading the Democratic mayoral primary with 51.1% of the vote after 11 rounds of ranked-choice counting eliminated all other candidates except for ex-sanitation commissioner Kathryn Garcia.

Under the new tally, Garcia had soared to second place with 48.9% of the vote — trailing Adams by just 15,908 ballots. That spelled potential trouble for Adams — who had enjoyed a nearly 10% lead before the ranked-choice process played out — and turned all eyes to tens of thousands of absentee ballots that won’t be tabulated for at least another week.

But hours after releasing the nail-biting updated results, the Board of Elections backtracked.

“We are aware there is a discrepancy in the unofficial RCV round by round elimination report. We are working with our RCV technical staff to identify where the discrepancy occurred,” the board wrote on Twitter. “We ask the public, elected officials and candidates to have patience.”

After several more suspenseful hours, the BOE then deleted the flawed tabulations from its website and said it would not release corrected results until Wednesday.

New lawsuit challenges ballot dropboxes, ballot harvesting in Wisconsin The Wisconsin Institute for Law and Liberty filed the suit just days after the Wisconsin Supreme Court side-stepped a legal challenge.

https://justthenews.com/nation/states/new-lawsuit-challenges-ballot-drop

The Wisconsin Institute for Law and Liberty filed a lawsuit Monday challenging ballot dropboxes and absentee ballot collections in Wisconsin.

The suit was filed just days after the Wisconsin Supreme Court side-stepped a legal challenge on the same questions.

“Wisconsin voters deserve certainty that elections are conducted fairly and in accordance with state law. But the Wisconsin Elections Commission is giving advice to clerks that is contrary to the law, putting the ballots of countless voters at risk,” WILL’s Rick Essenberg said.

The Wisconsin Supreme Court ruled 4-3 on Friday to dismiss a legal challenge to dropboxes and ballot harvesting. Swing justice Brian Hagedorn joined the court’s liberal justices in dismissing the claim for technical reasons.

WILL’s lawsuit pushes the question again.

“Under [Wisconsin law] there are only two methods allowed for casting an absentee ballot: (1) the U.S. Mail, and (2) handing the envelope containing the ballot in person to the municipal clerk,” the lawsuit reads. “This requirement with respect to how to cast an absentee ballot must be read in conjunction with [another state law] which provides that no person may ‘receive a ballot from or give a ballot to a person other than the election official in charge.’”

The Maricopa County Audit Completed Paper Ballot Examination. Here’s What Happens Next By Matt Margolis

https://pjmedia.com/news-and-politics/matt-margolis/2021/06/27/the-maricopa-county-audit-completed-paper-ballot-examination-heres-what-happens-next-n1457590

The forensic audit of the 2020 election in Maricopa County, Ariz., has completed the counting and examination of paper ballots.

The Maricopa Arizona Audit Twitter account made the announcement Friday evening.

“Audit Update: Paper examination and counting are finished today,” read the tweet. “Thank you to all the amazing Arizona volunteers who made this audit possible!”

Washington Examiner: 

The announcement confirming the conclusion of the ballot inspection portion of the audit comes less than two weeks after auditors finished a recount of 2.1 million ballots cast in Arizona’s most populous county, which includes Phoenix, with a few exceptions, such as Braille ballots.

The physical review of ballots included an inspection of their weight and thickness, examination of folds under microscopes, and workers holding ballots up to UV lights.

Towards the end of the process, workers were examining 100,000 ballots per day, the Maricopa Arizona Audit said in a tweet on Thursday.

The audit also included the capturing of information from voting machines, after which Arizona’s Democratic secretary of state, Katie Hobbs,advised the county to replace its voting machines over concerns that the review compromised their “security and integrity“

Election Integrity: The Firewall That Keeps America Free By Scott S. Powell

https://www.americanthinker.com/articles/2021/06/election_integrity_the_firewall_that_keeps_america_free.html

During the last year and half it’s become obvious to anyone whose head is not in the sand that America has been under assault on multiple levels from within. There is no denying that the COVID-19 viral invasion was a catalyst for so much of the disruption of 2020, culminating in election irregularity in November.

By spring 2020, normal activities and businesses were largely shut down nationwide by federal and local governments’ response to COVID-19.  Antifa and BLM protests and riots in May and June brought the costliest manmade damage to American property in history. Then the cancel culture, already ensconced and in control of college and university campuses, came to the streets and parks of America in the tearing down historic monuments — all the while law enforcement was coming under severe attack with numerous police departments facing prospects of defunding.

This lockdown-crisis environment gave Democrats an opportunity to push for change in state election rules to their advantage, such as allowing wholesale distribution of mail-in ballots, extension of deadlines for counting those ballots, and legal challenges to voter ID and signature verification laws. And we all now know the result: the November 3rd election was characterized by unprecedented election irregularities and charges of vote fraud in more states than any prior election.

The confluence of all this has certainly brought on confusion for many Americans.  But a significant group of people believe they see things with clarity. Where I live in South Florida it’s an incredible melting pot of people — immigrants from all over the world. Many of my acquaintances and friends — from Eastern and Slavic Europe and Russia, Latin America, and Southeast Asia — have commented that what they see going on in America is a fairly classic communist-type subversion.  They believe that the takedown of America is well advanced and now poses a real threat to continuation of the United States as a free nation.  

My immigrant and refugee friends point out that the communist playbook is really quite easy to understand. Several who lived under communist systems commented that communist revolutionaries are masters at using false fronts, whether Critical Race Theory or social justice Marxist theories of wealth redistribution to advance their real objective which is one-party rule and total control of society. While my friends see this so clearly, they are dumbfounded and mystified that so many American people remain so naïve and passive in the face of cancel culture, censorship, and creeping cultural totalitarianism that is so obviously and rapidly redefining the country.

Biden Lawsuit against Georgia Election Law Illustrates Radicalism of DOJ and Its Civil Rights Chief By Andrew C. McCarthy

https://www.nationalreview.com/corner/biden-lawsuit-against-georgia-election-law-illustrates-radicalism-of-doj-and-its-civil-rights-chief/

As our Caroline Downey reports, the Justice Department will today announce that it is suing Georgia over the latter’s election-integrity law. This is ridiculous. The law provides for voting far more extensive than the Constitution’s minimal standards, and well beyond what, about five minutes ago, were state-law norms. The lawsuit is yet another sign, as if we needed one, that the Biden Justice Department is the Obama DOJ 2.0, an activist tool that puts the awesome law-enforcement power of the federal government in the service of woke progressivism.

This is not a surprise, of course. The lawsuit will be brought by DOJ’s Civil Rights Division, which Biden put in the radical hands of Kristen Clarke, for whose confirmation we can thank Senator Susan Collins of Maine, the lone Republican to assent. I wrote about Clarke when she was nominated:

At the all-important Civil Rights Division, Biden has appointed Kristen Clarke, a radical with a history of racist and anti-Semitic commentary. At Harvard, where she led the Black Students Association as an undergrad, Clarke publicly contended that blacks were superior to whites physically and mentally because their brains contain higher amounts of neuro-melanin. Blacks are also spiritually superior, she said, though she elaborated that this is not an attribute that can be “measured based on Eurocentric standards.”

Though she does not exactly come off like a career in stand-up was an option, Clarke would like us to believe that she was just joking — resorting to parody in her umbrage over the publication of Charles Murray and Richard Herrnstein’s The Bell Curve. People seemed to think she was pretty serious at the time, as she took pains to cite Richard King, a psychiatrist and melanin/pineal-gland scholar, as authority for the proposition that melanin is “the chemical basis for the cultural differences between blacks and whites,” and the reason why “Black infants sit, crawl and walk sooner than whites.” (C’mon, you know you were wondering!) On a related subject, Clarke certainly seemed serious when she invited a notoriously anti-Semitic Trinidadian academic, Tony Martin, to expound on his theories about the racism of the Torah and the “Jewish monopoly over Blacks” — and when she later asserted, in his defense, “Professor Martin is an intelligent, well-versed Black intellectual who bases his information on indisputable fact.”

Attorney General Merrick Garland announces lawsuit against Georgia over its voting law By Clare Hymes

https://www.cbsnews.com/news/attorney-general-merrick-garland-announces-lawsuit-against-georgia-over-its-voting-law/

The Justice Department is suing the state of Georgia over its voting law, Attorney General Merrick Garland and Civil Rights division chief Kristen Clarke announced Friday, arguing that the state is violating federal law by inhibiting voting rights on the basis of race.

“Recent changes to Georgia’s election laws were enacted with the purpose of denying or abridging the right of Black Georgians to vote on account of their race or color, in violation of Section 2 of the Voting Rights Act,” Garland said Friday at the Justice Department.

Garland, flanked by other department leaders, including Clarke, Deputy Attorney General Monaco, and Associate Attorney General Vanita Gupta, told reporters that the lawsuit “is the first of many steps we are taking to ensure that all eligible voters can cast a vote, that all lawful votes are counted and that every voter has access to accurate information.”

Georgia’s new election law, signed by GOP Governor Brian Kemp in March, outraged Democrats and voting rights groups with voter ID provisions and changes to mail-in voting that they say will make it more difficult for minorities and poorer voters to cast their ballots. While it adds new restrictions to absentee voting, the law also expands early voting opportunities, formalizing provisions that accommodated voters during the pandemic. It also codifies the use of drop boxes with strict rules on how they can be used and sets new rules for state and local election officials.

Kemp responded to the announcement via Twitter, saying, “This lawsuit is born out of the lies and misinformation the Biden administration has pushed against Georgia’s Election Integrity Act from the start. Joe Biden, Stacey Abrams, and their allies tried to force an unconstitutional elections power grab through Congress – and failed.”

Georgia Secretary of State Brad Raffensperger responded similarly, adding, “It is no surprise that they would operationalize their lies with the full force of the federal government. I look forward to meeting them, and beating them, in court.”

In tandem with the announcement, Deputy Attorney General Lisa Monaco issued a new memo Friday, directing the FBI and federal prosecutors across the country to identify, investigate and prosecute threats against election officials and poll workers, and announced the creation of a task force to address the spike in threats.

“A threat to any election official, worker, or volunteer is, at bottom, a threat to democracy,” Monaco said in the memo. “We will promptly and vigorously prosecute offenders to protect the rights of American voters, to punish those who engage in this criminal behavior, and to send the unmistakable message that such conduct will not be tolerated.”

“Several studies show that Georgia experienced record voter turnout and participation rates in the 2020 election cycle. Approximately two-thirds of eligible voters in the state cast a ballot in the November election, just over the national average. This is cause for celebration,” Garland said. “But then in March of 2021, Georgia’s legislature passed SB 202. Many of that law’s provisions make it harder for people to vote.”

“Laws adopted with a racially motivated purpose, like Georgia Senate Bill 202, simply have no place in democracy today,” Clarke said. She highlighted the prohibition on groups that are no longer allowed to hand out food and water to voters in order to make their wait in long lines at polling places more comfortable on election day. Clarke called that particular ban “needless” and alleged it proved “unlawful discriminatory intent.”

Garland’s announcement was expected, even if its timing was not. Two weeks ago, he delivered a speech promising to expand the Justice Department’s efforts to protect voting rights in response to the weakening of the federal Voting Rights Act by the Supreme Court in 2013. He said then that the department would confront state and local efforts that “will make it harder to vote,” and examine election laws “to determine whether they discriminate against Black voters and other voters of color.”  

On Friday, Garland called on Congress to enact legislation, which the House is currently working on with the John Lewis Voting Rights Advancement Act, or H.R. 4, although it has yet to be introduced. The bill would restore Section 5 of the Voting Rights Act of 1965, a key provision that was gutted by the Supreme Court in 2013. 

The ‘Party of Science’ Can’t Do Math The Maricopa County election audit is necessary and there’s no legitimate logical reason for anyone to oppose it.  By Dylan Johnson

https://amgreatness.com/2021/06/23/the-party-of-science-cant-do-math/

The Democrats can pretend to be the “party of science” but one thing is for sure: they are definitely not the party of math.

The 2020 election has been and likely will continue to be a point of great contention among Americans in all 50 states. Even as a young American born during the Clinton Administration, I’ve noticed a skyrocketing spike in partisan strife between ordinary Americans. 

In the past few years alone, we’ve watched the media become ever more vicious, the politicians markedly more brazen, and the political ruling class dangerously more corrupt.

We are told to believe that Joe Biden received 81 million votes—the most in history—while winning only 509 counties across the country—the fewest in history.

Millions of Americans not only have concerns about election integrity but have also developed the conviction that America is no longer governed “by the people” and instead is governed by political power brokers.

We are told to believe that for only the second time since 1952, and that for the first time in nearly 25 years, a Democratic candidate for president won Arizona and did so by a margin of roughly 10,000 votes statewide.

In response, a small group of courageous leaders in the Arizona State Senate did the responsible thing: they asked for an independent forensic audit of their own election to ensure that this apparent, sudden, and drastic change was actually one called for by the people of Arizona.