Even a Liberal Democrat "Expert" Agrees - Virginia's Latest Effort at Vote Fraud Goes Too Far

What won’t Virginia Democrats do to promote vote fraud in Virginia?  Unconstitutional orders to enfranchise felons, including those in half way houses or prisons in other states; encouraging election officials to not ask for citizenship or felon status; refusing to clean up the voting rolls; and now allowing “selfies” (a self-portrait photograph, typically taken with a digital camera or camera phone held in the hand) of ballots, via a last-minute Advisory Opinion from the Attorney General.

  

Why is this another tool for vote fraud?  It could lead to vote buying and coercion.  Let’s quote an “election law expert” regarding an election selfie case in New Hampshire:

Similarly, the effectiveness of the selfie ban and the continued occasional prosecutions for vote buying, especially for absentee ballots, show that where there can be verification of how someone voted, this is a real — not theoretical — problem.  [A] picture of a valid voted ballot, unlike a simple expression of how someone voted, is unique in being able to prove how someone voted.  

Indeed, it is hard to imagine a more narrowly tailored law to prevent vote buying. Tell the world you voted for Trump! Use skywriting. Scream it to the heavens. We just won’t give you the tools to sell your vote or get forced to vote one way or another.  

The social-media age gives people plenty of tools for political self-expression. New Hampshire’s law is a modest way to make sure that this patriotic expression does not give anyone the tools to corrupt the voting process.

The expert quoted - Hans von Spakovsky of Heritage?  Ex-DOJ Official Christian Adams?  Another conservative?  Nope, it is noted Democrat party supporter/advocate and Election Law Professor Rick Hasen of Election Law blog.  Of course, since the article was written in 2015 and the current issue is in a target state during an election, Hasen has merely posted links on his blog and remained relatively silent.  Hopefully, Hasen will stand up strongly and decry the Virginia Attorney General's Advisory Opinion and the potential for fraud it creates:

The change certainly opens the door to “vote-buying fraud” and it impacts the privacy of other voters and election workers just who happen to be around the camera.  More importantly, election officials have long warned that allowing voters to take a selfie of their ballot during the voting process will cause long lines of voters waiting to vote, all waiting until the “utter foolishness” plays itself out.

It would be nice if Democrats interested in election administration would just once practice what they preach.  

Are Democrat Attorneys General Becoming Governor Generals?

On the most basic level an Attorney General is the leading law enforcement official for the state or country.  He is most definitely not a legislator or governor.  Yet as Colorado Attorney General John Suthers points out that is what many Attorneys General are becoming:

Recently, attorneys general in Virginia, Pennsylvania and California have given in to the temptation to abuse the power entrusted to our position by refusing to defend their states’ bans on same-sex marriage in court. . . .

It appears that some attorneys general are wielding the litigation veto for the same reasons a governor might wield a constitutional veto: They strongly disagree with the law. .  . . 

But in contrast to the president or a governor, there is no constitutional authority for this litigation veto. To the contrary, it undermines many important principles of our democracy.

To be clear Suthers is not arguing the case for or against same-sex “marriage.”  He is writing about the job of Attorney General. 

The politicization of Attorneys General starts with Eric Holder and the Obama  Administration.  Holder has stated his Department of Justice won’t enforce certain laws and the Obama Administration has refused to follow the law on its signature act, Obamacare.  This is dangerous and goes beyond the politics of the moment.  It is not just damaging the country right now but the roles of Attorneys General going forward.  It gives political cover and license for state Attorneys General to also ignore the law and their jobs.  As Suthers concludes on Attorneys General: 

We will become viewed as simply one more player in a political system rather than as legal authorities in a legal system.

As an association of lawyers, we are very concerned about this and it is one or the reasons we have called on Eric Holder to resign.  

More Democrat Election Intimidation

One of the greatest ironies of election process is Democrat claims of intimidation.  It does happen, almost always by Democrats.  Of course, Democrats generally reward these efforts by the operatives who do it, as in Philadelphia when one of the two New Black Panther Party intimidators was later elected a local Democrat official.

In Fairfax County, Virginia Democrats attempt intimidation in a different way.  The first rule of being a poll watcher is that you do not talk to voters.  You are there only to observe and address concerns to election officials.  But Democrats feel this rule does not apply to them.  So in 2012, they sued to have the ability to talk to voters inside the poll.  Does anyone doubt that this “talking to voters” would include coercion of voters? 

Fortunately the courts agreed and stopped this effort to intimidate voters inside the polling place.

Now during the canvas for the extremely close Virginia Attorney General’s race this video surfaces.

The GOP staffer taking the video was trying to help provisional ballot voters votes count.  Why was this gentleman harassing the GOP staffer?

Let me add a couple thoughts on the gentleman in the video.  I was present the first day of the Fairfax County canvas and sat near this gentleman while waiting for the canvas to begin.  He is a physically large and imposing man.  He was there seemingly in a leadership role.  What makes this most interesting is what he was doing while everyone was waiting for election officials to finish setting up.

He was regaling the Democrats around him with a story of how he successfully challenged a presumed Republican voter at the polls years back.  He was full of bravado in this story of how he made everyone bow to his will and not allow this known conservative to vote. 

I found this interesting.  While Republicans believe and talk about “open, fair, and honest elections”, a seeming Democrat leader was talking about how he bent election officials to his will to prevent someone from voting. 

Once again the irony of Democrat claims of intimidation are exposed.  Republicans don’t intimidate voters.  Democrats reward their operatives that do so and brag about it.  

Virginia Attorney General Race Update

RNLA Member and leader in the Virginia Attorney General race Mark Obenshain holds a narrow but significant lead in the Virginia Attorney General’s race as I write this blog that he seems likely to keep.  As always State Senator Mark Obenshain remains a class act as his email statement shows. 

Right now, the race is extremely close, but I'm confident that that we will prevail. Elections like this are a reminder of the importance of participating in the Democratic process. We’re going to wait until the State Board of Elections finishes its tabulations, and make any further decisions at that time. But I do want to take this opportunity to thank those who have stood with us as we’ve campaigned across Virginia these past two years, and to thank all of you for your dedication and commitment. We ran a campaign based on a positive plan to solve problems in Virginia, and I’m proud of that.

Meanwhile his opponent took the opposite tact:

Herring for Attorney General campaign manager Kevin O’Holleran released the following statement today:

. . . “When all of the votes cast are counted, including absentee votes and thousands of provisional ballots, we’re confident Mark Herring will be the next Attorney General of Virginia. We have a responsibility to make sure that that every voter is protected and every vote counts,” O’Holleran said.

As Cook Report’s Dave Wasserman states :

Bottom line: There are thousands of votes worth of errors in #VAAG count, but at the moment they're balancing out: https://docs.google.com/a/cookpolitical.com/spreadsheet/ccc?key=0AvOrrxBeaarVdGhvNWZZN2UzUVY1bDVoYW83bWszM1E#gid=0  …

Herring’s provisional ballots argument of “thousands of votes” is a disingenuous canard.  As former RNLA Virginia Chapter Chair Chris Ashby who was one of the lead lawyers in the last Virginia statewide recount for Attorney General in 2005 points out: the small percentage of provisional ballots that count should not change the election results:

In Va AG elect, 1000s of provisionals left but don't expect much net impact. Abt 1/3 will count & they'll break approx same %age as state.

Chris  in his excellent twitter analysis of this election also gives the details of how a recount will work as well:

If Va AG elect gets through canvass & goes into recount, recount would start around Thanksgiving & wrap just before Christmas.

Lastly Chris gives details of what a recount would entail.

By law, recount would consider only ballots actually cast in Va AG elect. Alleged fraud, irregulars, etc. reserved for post-recount contest.

Please sign up for Mark Obenshain’s website for the latest news and developments.   

RNLA Hosts Debate Between Republican Candidates for Virginia Attorney General

Yesterday, the RNLA, in conjunction with the Mason Law Republicans, hosted a debate between the candidates for Attorney General of Virginia – Virginia General Assembly Delegate Rob Bell and Virginia Senator Mark Obenshain at the George Mason University School of Law.  The moderator was former Virginia Governor Jim Gilmore.  The Republican primary will be held in May, and the winner will face off against Democrat Mark Herring in the fall.

At the backdrop of the debate was the recognition by all parties of the immense importance of the office of Virginia attorney general. Governor Gilmore, a former Virginia attorney general himself, noted that the office of Virginia attorney general is “the highest honor you can give a lawyer in this state.”  Senator Obenshain said that now “the office of attorney general of Virginia is never more important” and recognized that state attorneys general like Ken Cuccinelli have stood up to the federal government on matters like Obamacare and EPA regulatory overreach.   Delegate Bell noted that President Obama will be in office during most of the tenure of the attorney general, making defense of constitutional rights against federal encroachment.  Bell said, “we have a moral obligation to take the Constitution back.”

Both Bell and Obenshain work in the state legislature and have practiced law for many years. As a state prosecutor for five years, Bell had over 2,400 cases.  Bell was elected to the Virginia General Assembly in 2002. Obenshain founded the Harrisonburg and Charlottesville-based law firm of Lenhart Obenshain PC. and practiced law for twenty-five years.  Obenshain was elected to the Senate of Virginia in 2003.  Chris Marston, chair of the Virginia chapter of the RNLA, identified a job both candidates have had – unit chair of their local Republican party. 

See photos from the debate.

Additional commentary from the debate-RightDC
Additional commentary from the debate-RedNoVA
Additional commentary from the debate-BearingDrift