Dolt 45’s poll numbers continue to tank, and the Senate Republicans’ “health care” plan is polling down around the levels of cat poop: As of earlier this week, only 12% of Americans supported it. But Republicans don’t seem overly worried about the 2018 or 2020 elections. There are a couple of reasons for this: They’re pretty confident they can use Trump’s new election commission to steal the elections, and they may even be relying on voting-machine hacking.
When Trump signed an executive order in May to form an election commission, he said it was “to promote fair and honest elections.” It’s not. Trump himself continues to say (if not believe) that he lost the popular vote because 3 to 5 million people voted illegally. (That’s despite the fact that documented cases of voter fraud in the U.S. are vanishingly rare — law professor Justin Levitt found 135 cases of vote fraud nationally out of 1 billion ballots cast between 2000 and 2014, while the Washington Post found four cases out of 135 million ballots cast in 2016.) He clearly wants this commission to try to find evidence to back up his claim.
To do that, he named perhaps the country’s most notorious vote suppressor, Kansas Secretary of State (and gubernatorial candidate) Kris Kobach, vice chair of the commission. Kobach made headlines this week by demanding voter registration data from all 50 states; more on that below. Let’s be blunt: If you’re interested in fair and honest elections, you don’t hire Kris Kobach. If, on the other hand, you’re interested in suppressing the votes of people who might be disproportionately inclined to vote Democratic, Kobach’s your guy.
As this New York Times profile from a couple of weeks ago indicates, Kobach is basically a Klansman without the n-bombs. He’s also a committed ideologue who has never allowed the facts to get in the way of a good delusion, on voting or anything else. (Read that profile. Kobach is the kind of scary true believer who could get us into a nuclear war if he ever got elected president.)
Since being elected Secretary of State, he has enacted four measures in Kansas to restrict voting, and the ACLU whipped his ass in court on all four. Not only that, a federal judge fined him $1,000 for lying to the court about the contents of some of his documents. (I’d’ve jailed him for contempt and referred the matter to the state bar for additional sanctions, as well.)
Moreover, Kobach was the driver of the GOP’s notorious “Crosscheck” program in the 2016 elections. Crosscheck, in place in swing states including Wisconsin, Michigan, and North Carolina, ostensibly was intended to search voter-registration data for people who were registered to vote in multiple places and states, to ensure they voted only once. But in real life, its matching parameters were so loose — just a name and a date of birth — that the program generated roughly 200 false positives for every duplicate registration it detected.
Crosscheck has led to outrageous headlines that make double voting seem far more common than it is. In 2014, after North Carolina joined Crosscheck, the head of the state board of elections reported that in the 2012 general election, there were 35,750 voters in the state whose first and last names and dates of birth matched those of individuals who voted in the same election in a different state. Republican leaders of the North Carolina Legislature called it “alarming evidence of voter fraud,” and the conservative political strategist Dick Morris told Sean Hannity on Fox News, “It’s the most important data I’ve read in a year,” adding that it was “the first concrete evidence we’ve ever had of massive voter fraud.” But when North Carolina investigated the numbers using additional data like the last four digits of voters’ Social Security numbers, eight cases of potential double voting were referred to prosecutors and two people were convicted.
So, as we see, this is not a man who is disinterestedly pursuing free and fair elections. This is a man who is attempting to strike likely Democratic voters from the rolls, even when they are legally entitled to vote. I note for the record that 18 USC 241 makes it a crime, punishable by up to 10 years in prison, to conspire to deny people their civil rights. And Kobach has been so wrong for so long on voting rights that it is difficult to understand his actions as anything other than intentional.
Also on the commission: Hans von Spakovsky, a former member Bush 43-era Justice Department official who also has a long history of vote suppression efforts under the guise of preventing vote fraud — indeed, Democrats successfully blocked his nomination to the Federal Election Commission in 2008 because of it. Like Kobach, von Spakovsky also has a certain morally casual attitude, as this 2006 Post article highlights:
When he was a senior lawyer in the Justice Department’s Civil Rights Division, Hans von Spakovsky played a central role in approving a controversial Georgia voter identification program over the objections of staff lawyers.
But now, after leaving Justice for the Federal Election Commission, von Spakovsky has acknowledged writing a law review article that endorsed photo identification, which was Georgia’s approach, before the state’s proposal was even submitted to Justice for review. He also took the unusual step of using a pseudonym, “Publius,” in publishing the article, which appeared in the spring 2005 issue of the Texas Review of Law & Politics.
The article and its unusual authorship prompted a letter of complaint to the Justice Department last week from the Voting Rights Project, an arm of the American Civil Liberties Union that is opposed to Georgia’s voter identification plans. The group said the article shows von Spakovsky had already made up his mind on the issue and that his attempt to hide his views may have violated Justice Department guidelines.
In addition, a link to the Publius article suddenly disappeared this week from the FEC Web site, which had featured the article among a list of von Spakovsky’s writings.
“There appears to have been an intentional desire to prevent the public and, in particular, advocates with business before the Voting Section, from knowing the views of one of the senior officials involved,” Neil Bradley, the ACLU group’s associate director, wrote in his letter to Justice.
Whether or not von Spakovsky did anything to merit discipline, this is not the behavior of someone with a disinterested desire for free and fair elections.
Earlier this week, as noted above, Kobach asked all 50 secretaries of state, who oversee voter registration in most states, for voter registration data, including not only such things as names, addresses and dates of birth but also political party, last four digits of Social Security number, and voting history since 2006.
It is hard to avoid the inference that Kobach intends to apply Crosscheck nationwide — basically doing for the country what he did for North Carolina and possibly illegally disenfranchising millions of Americans.
(Even if Kobach’s motives were above suspicion, Kobach appears to know nothing about how to transmit, store, and analyze data safely and securely — you don’t transmit sensitive data files by email, just for starters. In short, this national database, even if it weren’t being used for partisan purposes, would be an identity-theft catastrophe just waiting to happen, particularly given the unseemly closeness of others in this administration to the Russian government.)
Fortunately, close to half of the secretaries of state are resisting, and not all of them are from blue states. Mississippi’s Republican Secretary of State, Delbert Hosemann, literally invited the commission to jump into the Gulf of Mexico. Even another member of the commission, Indiana Secretary of State Connie Lawson, a Republican, is refusing to provide anything more than what’s already public in Indiana: a voter’s name, address, and congressional district.
It remains to be seen what, if anything, the commission will accomplish, but one thing it manifestly will not do is probe fully the question of whether our elections are truly honest.
For one thing, neither the commission nor anyone else in the Trump administration appears interested in the question of whether Russians — or anyone else — hacked voting machines in 2016. The Department of Homeland Security says it hasn’t examined a single voting machine and does not intend to. And Trump, who could insist upon it, has been silent on the issue.
To be clear, there is as yet no proof that anyone ever has successfully hacked a voting machine to alter or delete a ballot in a U.S. election. That’s a topic I’ve followed ever since editing the 2004 book “Black Box Voting: Ballot Tampering in the 21st Century,” by Bev Harris and David Allen (more on that here). But I’ve always believed it possible — the evidence that it’s doable is just too overwhelming. And that’s why you need robust election auditing, including but not limited to examining machines.
For another, an election commission truly interested in election integrity would be examining a lot of topics this commission isn’t. Some of them, as suggested by Vermont’s Secretary of State, Jim Condos, include:
Foreign interference and attacks on our voting systems;
Funding for the Election Assistance Commission, which, among many other virtues, is the only U.S. government agency currently empowered to look into voting-machine hacking.
- Partisan gerrymandering
- Updating election equipment
- Automatic voter registration
- Requiring paper ballots instead of hackable machines
- Requiring election audits
- Expanding early voting opportunities
- Expanding voting by mail
- Increasing the convenience and accessibility of voting places
- Reducing long lines and wait times at the polls.
Anyone seriously interested in helping authorized voters exercise their right to vote would be working on these issues. But that ain’t what Kobach’s commission is about. And that’s why it must be resisted. Otherwise, the Republicans will steal the upcoming elections and our 240 years as a democratic republic will be over.
Filed under: Aiee! Teh stoopid! It burns!, Black-box voting, Evil, Geek-related issues, Grifters gonna grift, I want my country back., It’s Not About Race Because Nothing Is Ever About Race, More fact-based arguing, please, Reality: It works Tagged: Hans von Spakovsky, Kris Kobach, vote suppression, voter fraud, Voting