Tag Archives: legitimacy

Mail-in Balloting, the 12th Amendment and Impending Doom

Letters to the editor: On vote-by-mail

            More than 80 million Americans are expected to cast mail-in ballots this fall, representing a 16-fold increase over 2016.

            This is probably going to cause a constitutional crisis of epic proportions.

            The problem isn’t the possibility of fraud that Donald Trump has been going on about. Cases of possible double voting or voting on behalf of dead people Daley-machine-style are statistically insignificant, amounting to at most 0.0025% of mail-in votes.

            The real issue is that the ballots may not be counted on time, triggering the insanity of the 12th Amendment to the U.S. Constitution.

            The date to remember is December 14th, when the delegations of the Electoral College meet in their respective states. That’s a hard deadline. Each delegation can only certify their state’s vote counts if they are 100% complete—machine votes cast in person at polling places on election day, early votes, absentee ballots, write-ins and, this year, COVID-19 mail-in ballots. If the state fails to certify on time, its electoral college votes aren’t counted.

            Within each state, there is a canvassing/certification deadline for county officials to submit their results. Most are in late November. California, with a December 11th deadline, cuts it close and usually files its national certification last.

            State election officials are doing their best to meet the challenge. They are hiring additional staff, buying new tabulation machines and installing drop boxes. Even assuming that they will be able to hire the additional personnel they need in the midst of the coronavirus pandemic, the practical impediments to meeting the December 14th deadline are daunting. Mail-in ballots are manually opened and signatures must be visually compared, sometimes several times, to Board of Election records.

Then there are technicalities. For example, 16 states require mail-in ballots to be submitted with an extra “privacy envelope.” In the battleground state of Pennsylvania, 6.4% of absentee ballots submitted in a 2019 election were rejected because voters neglected to insert their ballot inside the privacy envelope inside the mailing envelope—a significant margin that could change the outcome on a national level. Both parties are gearing up for legal challenges about issues like this across the nation.

“Every absentee or mailed ballot, even if dropped off directly at the designated county drop box or polling center, most likely will not get counted on Election Day, and it can easily be challenged and delayed and even rejected on a technicality,” Jed Shugerman writes at Time. “Every mailed or absentee ballot, in an envelope with signatures, is its own hanging chad, its own built-in legal delay.”

            If enough states are embroiled in vote-counting controversies to prevent either President Trump or former Vice President Biden from achieving the 270 electoral votes required to declare them president-elect on December 14th, the obscure 12th Amendment kicks in.

            Used only once—in 1825 to elect John Quincy Adams—the 12th Amendment triggers a bizarre “House of Cards” series of remedies guaranteed to eliminate any remaining belief that the Framers wrote a perfect document designed to withstand the test of time, or that the United States is a democracy.

            After the new 117th Congress convenes on January 3rd, the House of Representatives would vote to elect the president and the Senate would elect the vice president. “Each state delegation gets one vote, and 26 votes are required to win [out of 50 states],” reports the Associated Press. “In the Senate…each senator gets a vote, with 51 votes [out of 100 seats] required to win.”

            Even if Democrats enjoy another “blue wave” election that allows them to pick up congressional seats, they will not capture 26 state delegations in the House of Representatives. Trump would win. If Democrats have taken back the Senate, they could select a vice president to replace Mike Pence.

            It wouldn’t matter if a newspaper recount were to determine later on that Biden should have won both a popular and electoral vote landslide. Trump would remain in the White House.

            The Democratic Party and its allies in the media have been pushing mail-in balloting, but voters who want to see Joe Biden elected and are willing to brave the health risks should consider showing up for early in-person voting. In-person ballots are far less susceptible to rejection over technical issues like security envelopes, they are counted immediately and they thus meet the December 14th deadline for certification.

            As my readers are aware, I do not support either Trump or Biden and will be voting third party, probably for the Greens, this fall. But I don’t support disenfranchisement either. I want everyone’s will to be expressed.

            No matter what happens, no matter who wins, American politics are about to become extremely dangerous. Democracy fails when the losing side refuses to accept the legitimacy of the winning side. That will certainly be the case this year.

(Ted Rall (Twitter: @tedrall), the political cartoonist, columnist and graphic novelist, is the author of the biography “Political Suicide: The Fight for the Soul of the Democratic Party.” You can support Ted’s hard-hitting political cartoons and columns and see his work first by sponsoring his work on Patreon.)

 

SYNDICATED COLUMN: Boycott the 2012 Election

Hey Liberals! Time to Stop Getting Rolled

We might as well have defaulted.

Regardless of where you stand politically, the deal to raise the federal debt limit came too late for the U.S. to achieve its main objective, avoiding the downgrading of debt issued by the U.S. Treasury that would have followed a default.

“The political and financial world surely thinks less of us now, and one demonstration of that will likely be a downgrading of the credit rating of the U.S., probably imposed in the next few months,” writes John Keefe of CBS’s Moneywatch. “The net result will be higher interest rates on U.S. government debt, which is likely to bleed through ultimately to higher costs for all sorts of other interest rates.”

The buzz on Wall Street says that Standard & Poor’s will soon downgrade T-Notes from a sterling “AAA” either to “AA+” or “AA”, the same as Slovakia. That’s exactly what would have happened had there been a default.

It is true: Our leaders are idiots.

“I have a home in Nevada that I haven’t seen in months,” said Majority Leader Harry Reid on the floor of the Senate. “My pomegranate trees are, I’m told, blossoming.” Too bad. He missed his pretty flowers for nothing.

Liberals got rolled.

Just like on healthcare.

Just like on everything else.

Everything about the way this deal went down, from the initial posturing to a compromise that will make the Great Depression of 2008-? even worse, along with Congress’ total lack of concern for the hardships being faced by the 20 percent-plus of Americans who are unemployed, has people disgusted.

“The big loser after this exercise is Washington,” Republican strategist Scott Reed tells The New York Times. The 2012 election “has the potential to be an anti-incumbent feeling in both parties.” Gee, ya think?

If any good comes out of the debt limit fiasco, it’s that this embarrassing showdown could serve as a long overdue wake-up call to liberals who still have faith in the Democratic Party. Maybe, just maybe, these ideological rubes will finally accept the obvious truth:

Those corrupt corporate-backed pigs just aren’t that into us.

So boycott the pigs. It is time for Real Liberals to kick Team Democrats to the curb. It isn’t hard. Next November all you have to do is…

Nothing.

Just.

Don’t.

Vote.

In other countries voter boycotts have a long and proud tradition as a way to effect pressure on a non-responsive political system. Think the politicians won’t care if you don’t vote? History proves you wrong. Even in dictatorships where only one candidate appears on the ballot, regimes go to desperate lengths to get people to turn out to vote. Why? It proves the government’s legitimacy.

Samuel Huntington cites the example of apartheid-era South Africa in his book “The Third Wave: Democratization in the Late Twentieth Century”: “In the 1988 municipal elections, the [pro-apartheid] South African government…clamped down on pro-boycott opposition groups and made it unlawful for individuals to urge a boycott.” The African National Congress then upped the ante, declaring its intent to “use revolutionary violence to prevent blacks from collaborating [by casting a vote].”

Extreme, perhaps. Effective, definitely. The ANC is now the majority incumbent party in post-apartheid South Africa.

Are you Real? Or do you play for a Team?

If you’re a Real Liberal, you espouse liberal values and policies that you think would make America a better place. If you’re a partisan of Team Politics, you only care about one thing—whether the Democrats get elected. You couldn’t care less about policy.

Which side are you on?

Like Clinton and Carter before him, Obama has sold out core liberal Democratic principles, such as fighting for the weak and poor and expanding the social safety net, as well as civil liberties. He can’t point to a single major liberal policy achievement. Heck, Obama hasn’t proposed a major liberal bill. Even so, Team Democrats will vote for Obama in 2012. Team Democrats are Democrats first, liberals last.

Real Liberals, on the other hand, have no reason to support the Dems. The debt limit deal makes this painfully clear.

Paul Krugman, the only reason to read The New York Times op/ed page, calls the debt limit deal “a disaster, and not just for President Obama and his party. It will damage an already depressed economy; it will probably make America’s long-run deficit problem worse, not better; and most important, by demonstrating that raw extortion works and carries no political cost, it will take America a long way down the road to banana-republic status.”

Krugman is a Real Liberal. Real Liberals care about liberal policies—defending old liberal victories such as Social Security and Medicare, as well as struggling to achieve new gains like a public-works program to put the unemployed to work.

Real Liberals give Democratic politicians the benefit of the doubt. But after they prove themselves to be a DINO (Democrat In Name Only), Real Liberals withhold their support. Classic example: Joe Lieberman, the senator from Connecticut. Current version: Barack Obama and his allies.

Obama has been locked in an epic showdown with House Republicans for weeks. Matador vs. bull. Scary and exciting.

First and foremost, the debt ceiling debate was ridiculous from the start. The economy is at a standstill. Recent GDP numbers came in at a sub-anemic 1.9 percent, so low that the real unemployment rate of 21 percent will continue to increase. Foreclosures are emptying out whole neighborhoods.

The traditional, historically proven Keynesian response to Depression is for the government to spend more. Members of both major parties know this. Yet here they were, both agreeing to spend less, indeed to slash the budget by historic amounts. If the Democrats had an ounce of sense, much less principle, they would have refused to discuss budget cuts at all. (Although an end to the wars would be nice.)

Obama and Congressional Democrats went along with trillions in cuts, cuts that may lead to Soviet-style collapse. The Dems’ only demand was that a final agreement include tax increases on the wealthy.

In the end, the Hopey Changey matador hopped the fence and fled the stadium. The GOP got their cuts. The Dems didn’t get a cent of taxes on the rich.

OK, Real Liberals. It’s been three years. You know Obama’s record. Obama never fights. When he does, it’s for conservative values, like slashing the federal budget and giving our money to millionaire bankers.

Why would you vote for him, or any Democrat, next year?

I know, I know: the Even More Insane Evil Republicans would take over. Après nous, la deluge. To which I ask, really, truly, no sarcasm—what difference would it make?

What if John McCain had won in 2008? Do you think we’d be at war in more countries than Afghanistan, Iraq, Yemen, Somalia and Libya? Would the Republicans have done less than Obama for the unemployed and homeowners getting evicted from their homes?

How much longer are you going to tolerate the sellout Democrats? How many more times are you going to stand in line to cast a vote for these treacherous scum?

(Ted Rall is the author of “The Anti-American Manifesto.” His website is tedrall.com.)

COPYRIGHT 2011 TED RALL