News21 Studies All State Records for Voter Fraud Since 2000, Finds Only Ten Cases of Impersonation of Voters at Polls

News21 is a project founded in 2005 by several journalism schools, to promote excellence in journalism. Read about News21 here. Recently News21 released a comprehensive study of all types of voter or elections fraud in the U.S., back to 2000. All fifty states were canvassed. The project found only ten instances at which anyone had tried to impersonate another person while trying to vote at the polls. The project found a great deal of voter fraud, but impersonation of others at the polls was miniscule compared to other types of fraud. Thanks to Rick Hasen for the link.

Ralph Nader Files Opening Brief in U.S. Court of Appeals, D.C., on FEC Failure to Act in Nader Complaint Against Democratic Party in 2004

On August 10, Ralph Nader filed this opening brief in Nader v Federal Election Commission. The Democratic Party and many of its close allies spent millions of dollars to remove Nader from ballots in 18 states in 2004, but didn’t follow federal campaign laws when it made these expenditures. Nader had then complained to the FEC, but the FEC not only didn’t enforce the law, it didn’t even notify the Democratic Party about the Nader complaint. Nader then sued the FEC in U.S. District Court, but the U.S. District Court, though agreeing that the FEC had not followed the law, said the FEC had only committed “harmless error.” Nader asks the U.S. Court of Appeals to overturn the U.S. District Court decision.

Part of the reason this case was filed so many years after the 2004 election is that the FEC did nothing with the complaint for several years.

American Independent Party Picks Tom Hoefling for President

On August 11, the American Independent Party (AIP) nominated Tom Hoefling for President at its state convention in Sacramento, California. The convention was in the meeting room of Perkos Restaurant, 925 Third Street.

Only seven delegates were present when the vote was taken: Markham Robinson, Mary Robinson, Mark Seidenberg, Rev. Wiley Drake, Dennis Aguirre, John Robertson, and Phelps Hobart. A majority of votes cast were proxies of people who were not in attendance. Most of these proxies were controlled by Markham Robinson. There were 7 in-person votes and 13 proxy votes. The original vote was 19 for Hoefling and one for Goode, but then the Goode voter switched his vote to Hoefling so that the vote was unanimous.

Several hours earlier, three delegates, all backing Ed Noonan for President, had left the convention in protest. Noonan, who was one of those three delegates, told the gathering that he should be the presidential nominee because he had won the presidential primary and he had contributed many years of service to the AIP. Noonan accurately perceived what the vote was going to be, even though that vote was still several hours in the future at the time he left, so he and his backers saw no reason to remain for the vote.

The convention chose Dr. Robert Ornelas of Anaheim, California, for vice-president. He works with a group that develops Christian hip hop evangelistic messages. He did not attend the convention but he had phoned in on speaker phone and had asked for the vice-presidential nomination. However, when he asked for it, he was holding himself out as the running mate for Rev. Wiley Drake. Drake, who did attend the convention, had asked for the presidential nomination but did not receive it.

Briefs Submitted in Arizona Supreme Court, in Lawsuit over Top-two Open Primary

On August 10, briefs on both sides were filed simultaneously with the Arizona Supreme Court in Save Our Vote v Bennett, the case over whether the initiative for a top-two open primary should be on the November 2012 ballot. Reply briefs are due early next week.

Amicus curiae briefs on the side of the proponents were submitted by the Southern Arizona Leadership Council and the Committee for a Unified Independent Party (CUIP), also known as Independent Voting. This is the group based in New York city.

Amicus curiae briefs opposing the top-two initiative were: (1) the Goldwater Institute; (2) leaders of both houses of the legislature; (3) the Democratic Party of Maricopa County, Pima County, and the county Democratic chairs in Pinal County and Coconino County; (4) the Arizona Latino Republican Association.

The CUIP brief argues that a top-two primary system elects more moderates. In support of this idea, it mentions the California June 2012 primary in the 8th U.S. House district (California’s Mohave desert district). The brief says under top-two, a moderate Republican and a conservative Republican placed first and second, and that this will enable Democrats and independents in November to elect the moderate Republican. However, the brief has a footnote to a Daily Kos article that describes the candidates in the 8th district race. The only Republican characterized as a moderate Republican in the Daily Kos analysis is Ryan McEachron. However, McEachron placed eighth, polling only 3.9% of the vote. The top two vote-getters in the 8th district are Gregg Imus (who associates himself with the Tea Party) and Assemblyman Paul Cook, a very conservative Republican state legislator. Of course, an argument that top-two should remain on the ballot because it allegedly helps moderates win is not an argument that pertains to the issue in the case. The issue is whether the Arizona initiative violates the single-subject rule.

Alaska Will Have No More than Six Presidential Candidates on the November Ballot

The petition deadline has passed in Alaska. The only petitions received involving the presidential race this season are the Green Party and Americans Elect Party petitions. The Americans Elect petition was submitted months ago.

The four ballot-qualified parties on in Alaska are: Democratic, Republican, Libertarian, and Alaskan Independence Party. No one knows which presidential candidate the Alaskan Independence Party will nominate. In 2008, that party nominated Chuck Baldwin, who was also the Constitution Party presidential nominee.