Posted on 10/28/2014 1:50:54 PM PDT by bigtoona
I cant' tell you how many emails I've received from readers frustrated with the GOP not being more vocal about obvious voter fraud in this past election. Well, as I discovered today, there is a reason behind it: The GOP is legally barred from it according to a court ruling from nearly thirty years ago.
Bob Unruh writes at WND:
A race-based consent decree negotiated by Democrats against the Republican National Committee a generation ago still has tied the RNC’s hands, and GOP officials could be cited for contempt – or worse – if they try to make sure American elections are clean.
Impossible?
No. Fact.
The case is the Democratic National Committee vs. the Republican National Committee, originally from 1982.
Democrats alleged Republicans were trying intimidate minority voters in New Jersey and brought the legal action. The RNC, inexplicably, decided to agree to a consent decree before a Democrat-appointed judge rather than fight the claims.
The judge, Dickinson Debevoise, appointed by Jimmy Carter, later retired but decided he would continue to control the case. The decision requires the RNC – but not the DNC – to “refrain from undertaking any ballot security activities in polling places or election districts where the racial or ethnic composition of such districts is a factor in the decision to conduct, or the actual conduct of, such activities there and where a purpose or significant effect of such activities is to deter qualified voters from voting; and the conduct of such activities disproportionately in or directed toward districts that have a substantial proportion of racial or ethnic populations shall be considered relevant evidence of the existence of such a factor and purpose.”
The rest of the agreement essentially requires the RNC to follow applicable state and federal election laws.
I know, silly right? What in the world were the Republicans thinking of when they agreed to this?
They have challenged the ruling by a three judge panel in the 3rd U.S. Circuit Court of Appeals. The judges were Joseph Greenaway Jr., appointed by Bill Clinton, Delores Sloviter, appointed by Jimmy Carter and Walter Stapleton, appointed by Ronald Reagan.
The case is now pending before the United States Supreme Court.
Attorney James Bopp of the James Madison Center said, “It is way too restrictive. It prevents the RNC from working with state parties in conducting voter integrity activities. It has been used by the DNC to harass the leadership of the RNC with false allegations of violations of the consent decree.”
Ya think? It is a bit of an unfair advantage when one side can basically manipulate the vote and the other side has legislative handcuffs on, preventing them from even bringing the subject up.
Attorney Cleta Mitchell of the Washington firm of Foley & Lardner said, “The RNC has been completely prohibited from doing anything in ballot security since 1982. The Democrats repeatedly over the years have gotten the RNC officers into court on the weekend before the election.
“What it means is that for 30 years there has been no way to institutionalize, to help train state parties, to work with candidates [on vote fraud prevention issues],” she said.
This is why the Republican have been so adament about pushing for Voter ID laws. This way there is a proper channel for verifying the legitimacy of the voter.
I have previously written about electronic voting machines. While the convenience factor sounds nice, it is the ability for abuse they present that concerns me. Honestly, the states should return to paper ballots where there is a physical, tangible, recorded record of each and every vote.
But to the case at hand, it seems that Republicans have attempted to change the ruling since 2009, but have failed. The question I have to ask is, "Why have we not heard from the Republican party in regards to this matter?"
Read more at http://freedomoutpost.com/2012/11/gop-legally-barred-from-fighting-voter-fraud/#fb3b1slYoMwjd3oq.99
Sorry, no "standing".
8^(
The ruling applies to the RNC but not to voter groups. Tea Party conservatives, independents and GOP moderates can form their own organizations to push through voter reforms.
The makeup of the RNC today might even make things worse.
Massive vote fraud in the 2012 election was well documented here. GOP just refused to do anything about it.
After 4 years of disastrous policies it should’ve been a landslide win for us - both the WH and the Senate were stolen.
This country is so far gone now I don’t know if we’ll ever recover.
Absolutely, and who would want to be represented by those not intellectually flexible enough to find such ways.
It appears it was Bigtoona who wrote above: "This is why the Republicans have been so adamant about pushing for Voter ID laws." Again, absolutely correct.
Further, in fairness I think all the Pubs agreed to do in this suit and what appears to be at the center of the court's view, is not to
“us[e], [or] appear[] to use, racial or ethnic criteria in connection with ballot integrity, ballot security or other efforts to prevent or remedy suspected vote fraud.”
Now, who among us does not agree that makes sense?
There may be many legitimate grounds for criticizing the Republican party but it is not clear this is one of them.
This applies ONLY to the RNC and does not affect any State or Federal elected rep or appointed officer.
WTF? We find that over 6% of all illegals voted at a rate of 80% for 0bama and YOU think that because this hasn’t been litigated that it’s not real?
Go F yourself.
WTF yourself — It's because the illegal votes are for the other guy
that you're angry?
That's screwed up.
They trot this lame excuse out every election. So what do we have to do? Take up arms because the GOP is afraid of contempt charges? Sorry, I haven’t bought it any of the other times they trotted this lame excuse out.
They don’t need “massive fraud”. A trunkful of ballots in the right places is all it takes sometimes. OTOH, 6-14% of illegals voting comes pretty damn close to “massive fraud” if you ask me. Add that to the corrupt polling in places like Philly and Ohio where 100-110% of registered voters vote and the ridiculous situation in Colo. now and I would disagree with you.
You say not massive. I posted at the time and have since, my own precinct here in Tidewater was tinkered with. I have voted at that building for twenty years and NEVER waited in line. Folks here were adamant about voting the Klown out. There was a line 100 yds long and it just got longer and longer ALL DAY. There were 2,100 votes in 2008 ( with NO WAITING) yet only 2,000 in 2012. Multiply this by who knows how many precincts, I would say that is massive. Especially in an important key state like VA. I am sure there were no problems WHERE YOU LIVE IN FAIRFAX.
For you or RI to not think vote fraud is an issue is patently crazy. Why, on earth, do you take the friggin' side of liberals on this issue? I didn't cast any aspersions against libs, so get your prissy panties out of a wad.
That's exactly my point!
It's just that it always affects Republicans disproportionately.
Why should that matter — it's either right or wrong, who it effects is not a factor.
For you or RI to not think vote fraud is an issue is patently crazy.
You didn't read what I wrote. — I firmly believe that all voter fraud is problematic.
Why, on earth, do you take the friggin' side of liberals on this issue?
I'm not.
This is just waiting for a TEA party lawyer to pick a fight.
This is ripe for review by the Supremes.
This looks to me like a job for John Lott. We can add the attorneys later as there are some good ones out there.
...excellent response, I do still believe though in my complaint about the pubs that this article, about the consent decree, misses one major and salient point.
Namely, that the pubs aren’t involved in efforts to make the dims behave in the polling places has little if anything to do with the consent decree in question.
Rather, it is part of a pattern of not doing a damn thing on a plethora of tough gonad issues and this consent decree has more to do with that fact than the words in the consent decree.
.........yes, I “seriously” wonder to myself “just what the hell is going on with the pubs?!
There are many actions they COULD take but don’t take. # 1 among them is their Constitutional Right to just lock the bank! The sobs have the fn votes but won’t do it! Set aside the bs reason that they don’t want to make the left and the media mad at them. Then ask yourself.......... Why!?
Lends credit to blackmail as a possibility.............
Apparently, there are people in Maryland who believe as many as 7% of all registered voters are illegals and registered to vote.
Again, you barely hear any gripes about this from liberals, but instead, only from conservatives and people concerned that Republicans also do this against Dems (hat tip to OneWingedShark).
http://www.freerepublic.com/focus/f-news/3220676/posts
Isn’t this one to move up to the Supreme Court?
Can the independent party bring suit instead of the GOP?
“Further, in fairness I think all the Pubs agreed to do in this suit and what appears to be at the center of the court’s view, is not to “us[e], [or] appear[] to use, racial or ethnic criteria in connection with ballot integrity, ballot security or other efforts to prevent or remedy suspected vote fraud.’ “
if this is indeed the case, why hasn’t there been any pursuit of calling out election fraud based on the integrity of the ballot/vote cast, regardless of the racial makeup of the voters?
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.