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Showing posts sorted by date for query Military Senate. Sort by relevance Show all posts

Saturday, May 24, 2025

The Save Act Will Essentially Disenfranchise A Lot Of US Voters

One reason I haven't blogged as much as usual:  I'm still having problems loading photos from my to my laptop.  After I chatted with an Apple (allegedly a real person in the Philippines), I got it to work.  But the very next time it didn't again.  Also we were in LA and San Diego for a memorial for a high school friend.  I could have done some quick photo posts, but . . . the airdrop wasn't dropping.  And yes, I could probably load them onto the blog all on the phone, but I haven't tried doing that.  

So Tuesday evening, I brought my Canon camera to the Marston Auditorium to hear about the SAVE Act - presented by the ACLU, the League of Women's Voters, and the Native American Fund.  That camera has an SD card and I have an attachment that lets me plug it into the laptop.


Mara Kimel, from the ACLU introduced the first speaker who had just flown up from LA.  Xavier Presad outlined key problem areas of the Act


What he didn't say, in so many words, but what I took from all the specific issues, was that this is a giant voter suppression act.  Which makes sense coming from this administration and, presumably, the folks at the Heritage Foundation.  They've been worried about the changing US demographics for years. It's why they talk about The Great Replacement Theory. And some folks said 2024 was the last year demographics gave the Republicans a chance to win elections.  Which is why, in part, the president is trying to export a million people.  And import white South Africans.  I'd note that voting by non-citizens is rare, but Republicans seem to want to make people believe it's common, just as they want to make people believe most immigrants are here illegally, are rapits, terrorists, and or murderers.  All to justify flying kidnapped people (citizens and non-citizens) to gulags outside the US.  But this is all my take, not what Xavier said.  


Xavier Presad
Xavier is an ACLU attorney "focused on voting and protecting democracy."  


Key issues Xavier and the other panelists raised:

1.  People required to prove they are US citizens to register to vote, they'll need:
  • birth certificate
  • passport
Voters' ids must have names that are the same as the name on their birth certificates, or be able to prove they officially changed their name.  Anyone who has changed their name - adoptees, married women, for example - will need one of the  IDs above to register to vote.  
While Tribal IDs are listed in the ACT, many, if not most, do not include place of birth and a photo. So they won't be valid. 
Real IDs from many states have the same problem.  

A significant number of USians do not have passports and getting a birth certificate takes several weeks at least and costs $15 on up, depending on which state.  So essentially, anyone trying to prove their nationality will have to get started at least a month before an election or they likely won't get their documentation back on time.  

Another section, they said, makes it possible to remove people from the rolls without notification shortly before the election.  So people will show up to vote, thinking they are registered, and won't have any of the documentation of their citizenship.  And won't be able to vote.   See language from the Act below on acceptable ID.  

The panel after Prasad's talk
2.  Registration has to be done in person.  Everyone has to go to an election office to register to vote.  This ends automatic registration for people who get a driver's license and registering online or having people authorized to register people at events or in front of the supermarket.  For Alaska, it ends automatic voter registration when you apply for a Permanent Fund dividend.  This puts a much bigger burden on election offices and on people who do not live near election offices.  Alaska has only 6 Election Offices - Juneau, Anchorage, Fairbanks, Nome, Wasilla, and Kenai, which is a satellite office of the Wasilla office.  This will make it much harder for rural Alaskans, on or off the road system, to register.  Ir would even act like a poll tax for those who have fly to register.  People in Tok would have to drive to Wasilla or Fairbanks.  And they have to be there during office hours, so it could mean taking off work.  


3.  
Panelist Heather Annett, League of Women Voters
Criminalization of poll workers

People who do not appear on the precinct rolls who say they are registered but do not have proper identification (proving they are US citizens), can be given a provisional ballot to vote.  But the SAVE Act makes it possible to criminally prosecute a poll worker and carries up to five years in prison. 

This seems like it's designed to discourage poll workers from giving provisional ballots.  It also seems to be a way to intimidate potential poll workers.  If you look at the list of acceptable ID's how can an election worker be sure they are authentic, or that the state seal is authentic, or that it was filed with the office responsible to for vital statistics?  Finding enough poll workers is already a problem due, in part, to harassment by GOP voters.

4.  Unfunded Mandate.  The Constitution gives the States some control over elections

Panelist Kristen Gerbatsch,
Native American Rights Fund

Section 4 Congress
Clause 1 Elections Clause
The Times, Places and Manner of holding Elections for Senators and Representatives, shall be prescribed in each State by the Legislature thereof; but the Congress may at any time by Law make or alter such Regulations, except as to the Places of chusing Senators."

Congress has the power to make changes.   

But the bill doesn't authorize any funding for the massive changes states will have to make to the ways they register voters, check for proof of citizenship, and training for staff and poll workers on all the new regulations.  I couldn't find a cost estimate, though I believe one of the speakers did give one. 


Panelist Riza Smith, Action Alaska, Vet
5.  Costs for people (especially rural folks) to register.  This was alluded to in the section 2 - in person registration, but needs to be emphasized for Alaskans, many of whom live off the road system.  They will have to fly or take a ship to get to a location that has an election office.  And while some people may visit one of the six towns with an election office during the year, they have to go to the office during regular working hours.  So weekends are out.  For many this will require taking off work.  If they're, say in Anchorage, for medical care, getting to the election office to register could be a real burden.  A large number of the people living off the road system are Alaska Natives.  For example:

Kayak ad for Anchorage to Dutch Harbor flight
$1408 round trip



The SAVE Act passed the House on April 8, 2025.  It goes next to the Senate.   Conservatives have been eroding Voting Rights for a while.  Shelby County v. Holder began a wholesale attack on voting rights.


Appendix 1:  Acceptable ID
From the SAVE Act as of April 10, 2025 after passage in the House:

(1)

A form of identification issued consistent with the requirements of the REAL ID Act of 2005 that indicates the applicant is a citizen of the United States.

(2)

A valid United States passport.

(3)

The applicant's official United States military identification card, together with a United States military record of service showing that the applicant's place of birth was in the United States.

(4)

A valid government-issued photo identification card issued by a Federal, State or Tribal government showing that the applicant’s place of birth was in the United States.

(5)

A valid government-issued photo identification card issued by a Federal, State or Tribal government other than an identification described in paragraphs (1) through (4), but only if presented together with one or more of the following:

(A)

A certified birth certificate issued by a State, a unit of local government in a State, or a Tribal government which—

(i)

was issued by the State, unit of local government, or Tribal government in which the applicant was born;

(ii)

was filed with the office responsible for keeping vital records in the State;

(iii)

includes the full name, date of birth, and place of birth of the applicant;

(iv)

lists the full names of one or both of the parents of the applicant;

(v)

has the signature of an individual who is authorized to sign birth certificates on behalf of the State, unit of local government, or Tribal government in which the applicant was born;

(vi)

includes the date that the certificate was filed with the office responsible for keeping vital records in the State; and

(vii)

has the seal of the State, unit of local government, or Tribal government that issued the birth certificate.

(B)

An extract from a United States hospital Record of Birth created at the time of the applicant's birth which indicates that the applicant’s place of birth was in the United States.

(C)

A final adoption decree showing the applicant’s name and that the applicant’s place of birth was in the United States.

(D)

A Consular Report of Birth Abroad of a citizen of the United States or a certification of the applicant’s Report of Birth of a United States citizen issued by the Secretary of State.

(E)

A Naturalization Certificate or Certificate of Citizenship issued by the Secretary of Homeland Security or any other document or method of proof of United States citizenship issued by the Federal government pursuant to the Immigration and Nationality Act.

(F)

An American Indian Card issued by the Department of Homeland Security with the classification ‘KIC’.


Appendix 2:  State Requirements in the Act

(3)

State requirements  [this is only partial]

Each State shall take affirmative steps on an ongoing basis to ensure that only United States citizens are registered to vote under the provisions of this Act, which shall include the establishment of a program described in paragraph (4) not later than 30 days after the date of the enactment of this subsection.

(4)

Program described

A State may meet the requirements of paragraph (3) by establishing a program under which the State identifies individuals who are not United States citizens using information supplied by one or more of the following sources:

(A)

The Department of Homeland Security through the Systematic Alien Verification for Entitlements (SAVE) or otherwise.

(B)

The Social Security Administration through the Social Security Number Verification Service, or otherwise.

(C)

State agencies that supply State identification cards or driver’s licenses where the agency confirms the United States citizenship status of applicants.

(D)

Other sources, including databases, which provide confirmation of United States citizenship status.


I'd note, that the Privacy Act of 1974 requires all agencies that collect personal information from citizens and non-citizens to state on the document how that information will be used.  The agencies are not allowed to share that information with anyone or any agency not listed.  This would be a complete violation of the Privacy Act.  



The Save Act has not been passed by the US Senate. It appears that it will face obstacles in the Senate.  But the more people express their opposition the easier it will be for GOP senators to oppose the bill.  You can contact your US Senators here.






Saturday, February 01, 2025

The Coup Is Happening But Media Aren't Treating It That Way

There's a coup happening in DC.  There's no other way to describe it. 

The president is nominating and the Senate is approving candidates whose basic qualifications are loyalty to the president

He's illegally firing employees and  shutting down federal funding to the states.  

He's implemented 25% tariffs on Mexico and Canada.  

The Republicans in the Senate are approving his nominees.  

He's fired all the heads of agencies that deal with airline travel and safety, then blamed two crashes on Biden, women,  and people of color.  The new N word is DEI.  

He's fired a large number of federal attorneys and FBI agents.  

He's wiping out all traces of programs that work for justice for people who aren't white hetero males.

His unelected, unapproved, honorary vice president (some argue the true president) Elon Musk has slipped into key agencies and people are worried he's collecting data for his own business uses and other nefarious purposes.

Gutting important health and other websites.

He's released water from a dam in California that was being saved up for when it's needed in the summer.  

This is just a tiny fraction of the acts he's taken.  

Even if Congress stood up to Trump, he would simply ignore them and do what he wants.  Who is to stop him?  (I'll try to address this question in another post.)

What seems to drive his decisions?  There seem to be four key factors, though readers can probably think of others:

  • Getting everyone to focus on Trump.  He just can't deal with being ignored or criticized
  • Punish those who don't kowtow to his whims
  • Whip up the fear and anger of his supporters
  • Reward his wealthy supporters


No mainstream media mention coup yet

While the main media outlets might mention his actions, none that I've seen have put it all together and called it a coup.  When I google Trump coup - everything that comes up is about January 6, 2021. Cyber coups are as easy to convey visually as military coups.  

But on social media, people are starting to call this what it is.  Here are just a couple of examples:

From Bluesky/ was bustling with coup references today.

"But the longer we fail to recognize the current situation for what it is—a slow-rolling coup attempt—the longer it will take for us to recover."


A privatization coup of the US government?

[image or embed]

— David Corn (@davidcorn.bsky.social) February 1, 2025 at 3:25 PM


Not just a coup but a coup by a corrupt Putin- and Nazi-aligned foreigner. Too bad we no longer have a real DOJ.

— Andrew Wallingford (@andrewwallingford.bsky.social) February 1, 2025 at 2:02 PM


Another step in the coup & Trump still doesn’t realize Musk has taken charge.

[image or embed]

— Dana Houle (@danahoule.bsky.social) February 1, 2025 at 10:00 AM


https://spoutible.com/. didn't offer as many examples when I searched for 'coup'





Even on Musk's own Twitter people are calling it a coup






Democrats are still talking about winning the 2026 Congressional races, as if there will be free and fair elections.  But Trump's team has studied all the possible ways to disenfranchise opposition voters and ways to game the electoral process, I can't imagine that the next elections will be conducted with a fat thumb on the scales.  

At the moment, most people are living pretty much the way they were six months ago.  Except for dark skinned immigrants, pregnant women with complications, LGBTQ folks, people are still going about their lives relatively normally.  

They haven't grasped that soon they will be affected.  Maybe when disaster funds are withheld, or people they work with disappear, or their health care or social security are sharply reduced or disappear.  

But most authoritarian governments in world history end.  Some faster than others.  Find ways to resist in your community - whether it's joining a group, contacting your federal representatives on a regular basis, confronting disinformation when you hear it, and many other ways.  Here's Robert Reich's list of ten things to do to resist.  

I'd note Reich reminds people to find joy in their lives - get out and appreciate the beauty of nature, of art, music, a meal with family and friends, play with your pets.  

Wednesday, August 21, 2024

Poll Working - And Peltola Does Well


 Yesterday was primary election day in Anchorage.  It was a beautiful sunny day and I biked over to Kasuun Elementary school (and passed the 1200 km mark for the summer so far). 

It was basically unremarkable.  People came, showed ID, got their ballots, voted in a voting booth, then brought the ballot to the voting machine where it was scanned.


None of the ballots were rejected by the scanner. (In 2022, the first time we had ranked choice voting, the machine did reject some of the ballots.  But the screen explained why - usually the person had voted for more than one person with the same ranking.)  

But this election was simple.  One US Congress seat.  One state house seat.  And in some districts there was also a state senate seat.  


After the ballot was scanned, voters got a choice of Alaska themed "I Voted" stickers.  

I did notice that the scanner was touchy.  Most people had a bit of trouble getting the scanner to suck in their ballot.  I'm not sure what the people who got it scanned in right away did differently from the others.  

But I did discover, toward the end, that if voters turned the privacy sleeve (with the ballot inside) upside down, then took the blank side of the ballot out of the sleeve and put it into the slot on the scanner, it went in with no problem.  (They scan from either end of the ballot, whatever side is up.)  Because the ballot choices were so few, the backside of the ballot was blank.  So no one's votes were visible. That won't be the case in November.  

There were also four first time voters I got to congratulate - three young men and a young woman.  Maybe there were more, but I wasn't aware.  Okay, some will ask how I was aware, so here's how.  The first two were very young looking and I just asked, "You're not a first time voter are you?"and they smiled and said yes.  The parents of the other two alerted me.  

On the negative side, the turnout was really low.  Not sure exactly what the percentage was, but we had over 2000 registered voters on the list and when we finished the scanner said that 294 had voted.  If we round it off to 2000 total (and there were more than that) 200 votes would be 10%.  300 votes would be 15%.  But then I don't know how many people voted by mail.  That's easy to do.  At least four people dropped off their mail in ballots, which go in the box with the questioned ballots and don't get scanned.  

Actually, I can figure this out more precisely.  I looked up the Division of Elections page for House District 12.  

My estimate wasn't pretty close.  I said 300 would have been 15% if there were 2000 voters.  There were 2174 registered voters and the turnout was 13.53%.  Not an impressive number.  The chart also lists 117 Absentee voters and 438 early voters.  But that's for the entire district, not just the one precinct. I would have thought there were more.

I'd also note that when I left there was a discrepancy in the numbers.  The number of voters listed on the rolls (they are highlighted in yellow and sign their name) was 293.  And when the counted all the questioned and special needs ballots and the checked the ballot stubs, minus the spoiled ballots, that came out to 293 as well.  I'd helped take down the voting booths and putting away other things and since I was biking, I wanted to take off and asked if I was needed further and so I left without finding out how the discrepancy was resolved.  But these counting issues come up every year and the training program spent a fair amount of time on this. 

The whole house district voted for the NON incumbent, with a 14.11% voter turnout.  I assume that NON refers to non-partisan.  The Division of Elections page on parties lists N as non-partisan.  Schrage has been part of the House Coalition comprised of Democrats and most Republicans.



The whole Senate district gave the Democratic incumbent a plurality.   


And of more interest, I assume, to non-Alaskan readers, voters gave Democratic US House of Representatives member Mary Peltola 50.38% of the vote in a 12 way race!  The two major Republican vote getters were Alaska Republican Party endorsed candidate Nick Begich with 26.98%, and Trump and major Congressional Republicans supported candidate Nancy Dahlstrom with 20.01%.  

Remember, this is an open (all candidates together) primary and the four top candidates go on to the general election which will be ranked-choice.

The turnout in the Congressional race was also low - 15%.  As impressive as winning a majority in a 12 person race with two well supported  Republicans, the general election, being a presidential election, will have a lot more voters.  While she may not win a majority in the first round, Peltola is in a good position to win enough second place votes to pull 

Nick Begich had promised to drop out if he was in third place behind Dahlstrom.  Dahlstrom made no such commitment.  

In 2022, many who voted for the top Republicans as their first choice vote, gave Democrat Peltola their second place vote.  Not another Republican. I would say this is a good sign for the Democratic House elections.  


One final note - House District 18, which includes two military bases, had less than 5% turnout.  Ouch.  



Wednesday, November 22, 2023

US Political Accountability Is Badly Broken

[There are so many forces and issues intertwined.  Every day there are new shocking reports to support one thing or another that I argue here.  This is several drafts along and so I'm just going to post it.  Yes, we are in crisis and I'll probably be writing more about the nature of the crisis.  Here the focus in on the lack of accountability.]


The reports of Supreme Court Justice Clarence Thomas' benefits from wealthy benefactors who have interests in the outcome of Supreme Court cases has already told us things weren't working.  

The fact that people who participated in the January 6 insurrection are still in their Congressional seats and voting like other members of Congress, also tells us this.

The fact that most Republicans in Congress voted against Trump's impeachments, and continue to support him publicly and take no action on corrupt Republican Senators and Members of Congress, tells us that accountability is broken. 

The report on Rep. George Santos says it once again, loud and clear.  Our accountability of elected officials and Supreme Court justices is broken.  From the Table of Contents of the report released last week:: 

"III. FINDINGS........................................................................................................ 10

A. OVERVIEW OF FINDINGS ......................................................................................... 10

B. SUBSTANTIAL EVIDENCE OF VIOLATIONS OF FEDERAL LAW, HOUSE RULES, AND OTHER

APPLICABLE STANDARDS OF CONDUCT ......................................................................... 13

 1. 2. 3.

C.

1. 2. 3.

Campaign Finance Violations............................................................................ 13 Willful and Knowing Financial Disclosure Violations ...................................... 37 Lack of Diligence and Candor During the ISC Investigation............................ 48

OTHER ALLEGATIONS REVIEWED BY THE SUBCOMMITTEE..................................... 51 

Sexual Misconduct Allegation ............................................................................ 51 Conflict of Interest Violations ............................................................................ 52 Additional Allegations Charged by the Department of Justice.......................... 54"

You can read the complete report here. 


WHAT DO I MEAN BY BROKEN?

One could argue that the release of this report on Santos, and his subsequent announcement that he will not be running for reelection, shows that there is accountability.  

The problem is that we have known of evidence of widespread wrongdoing by Santos since shortly after he was elected.  Nevertheless, he's been allowed to serve as a Member of Congress, influencing US public policy through his committee work, public announcements, and votes all this time.  And unless the House votes to expel him, he'll continue doing that until his successor is sworn in.  

In most any other job, if employees are found to have lied on their applications or resumes, have been found to have violated organizational rules, or state or federal laws, they can be fired immediately.  At the very least they can be put on suspension and not allowed to continue using their position for personal gain or to otherwise work against the interests of the organization.  It's trickier to remove an elected official because one can argue 'they were elected by the people in their district." But we still have procedures to do it.  Republicans just won't do it for one of their own.  

Accountability Too Slow

Santos shouldn't have lasted this long.  Trump is using all the courts' protections for the innocent to delay his trials as long as possible.  Just the other day Judge Cannon is allowing delays that mean the classified documents case won't be decided before the 2024 election.  This clearly should be an expedited trial.  The consequences of stealing secret documents, showing them to unauthorized eyes, and probably selling them to enemy nations should be high priority and fast tracked.  

Supreme Court justices continue to rule on cases that have horrendous consequences for democracy.  Senator Sheldon Whitehouse has outlined four types of cases on which the conservative  Justices consistently vote together to help large corporation get their way:  [The link includes his time at the Amy Coney Barrett hearings.  This court background discussion begins around minute 21 on the video.]

  1. unlimited dark money; 
  2. knock down the civil jury trial down; 
  3. weaken regulatory agencies  
  4. voter suppression and gerrymandering  on that weaken government powers to regulate, voting rights, women's rights, etc. even though it's now clear that there is no accountability for clearly corrupt judges, and we're moving very slowly if at all to correcting that.  

In other presentations I've heard him include anti-labor cases.  The point is that these are all decisions that significantly weaken opposition to large corporations.  And there are further conflicts of interest due to Justices owning stock that is affected by their rulings on cases before them.  

Corrupted Officials

Republicans in the US Senate refused to impeach Trump despite overwhelming evidence of wrong doing.  They've allowed January 6 co-conspirators to remain in Congress.  

  • the lust for power and fear of losing it - Republicans are afraid to buck the party because they fear  loss of GOP funds and the Republican voters in the next primary. They won't hold their colleagues accountable because they fear losing their majority in the House.  They support a Supreme Court that looks the other way in the face of gerrymandering that keeps many Republicans in power.
  • the lust for the prestige of being in Congress - Maybe they don't care that much for power, but rather they enjoy the prestige and privileges that come with being a Member of Congress.  The same issues arise as for the lust for power.
  • the lust for money for campaigns and personal benefit - Money for campaigns is intertwined with lust for power and prestige.  But Members of Congress also get hefty salaries, travel, health insurance, and retirements.  Additionally there are other opportunities to get richer than they already are.  Staying loyal to their corrupt party seems to be the safest way to hold onto these benefits.  
  • mental slowness - I first labeled this 'utter stupidity' but that seemed too simplified.  

    • short term thinking - as Republicans reveled in the ending of Roe, they didn't see the backlash that was coming.  And while they feel the need to cater to rabid Trump cultists to win the primary, they fail to see how their actions (and inactions) mean greater risks of losing in the general elections.  And even if they are in a highly gerrymandered district and will win, they are likely to lose the majority in the House.
    • sheltered thinking - their beliefs and prejudices are reinforced by the people they spend their time with.  They see people who don't agree with them as caricatures  of evil rather than as rational human beings with different, but reasonable world views
    • lack of empathy for others - whether they are sociopaths or have other afflictions that allow them no sense of understanding of other people's issues and problems
    • inability to break from outdated (if ever even accurate) explanations of how the world works - things like individual responsibility even in a society that favors some over the many; religious and racial stereotypes; belief in the correlation between work and worthiness even as automation makes much work unnecessary and wealthy people need not work at all; belief that money and power will solve all their problems; 
    • lack of analytic abilities - they can't understand the complexities of modern life and are stuck on simplistic and black and white explanations

Additionally, Republicans in the Senate allow Senator Tuberman to block appointments of military officers and others to delay the appointment of judges and high government officials.  For various reasons - 

Blocking military appointments only hurts our military readiness and can only help our military adversaries.  Blocking judicial and senior civil service positions, some argue, fits in with the Project 2025 [see below] blueprint, by keeping these positions vacant making it easier for Trump, in a second presidency, to fill them with his loyalists.  

The Republicans in Congress allow (and in many cases support) all the dragging out of these delays.  They refuse to work with Democrats to speed up the accountability of the egregiously guilty.  


HOW ARE THINGS DIFFERENT TODAY THAT MAKES THIS MORE OF A PROBLEM?

In the past, the idea of Democracy was never at stake.  Notice I said 'idea of Democracy.'  For non-whites and non-Christians democracy in the US has been spotty to non-existent.  Voting rights didn't exist for Blacks in the South and their courts were made up of all white juries. US citizens of Japanese descent were locked into camps during WW II and their property taken over by whites.  Immigrants have always been vilified.  Native Americans were displaced and massacred.   

But for white politicians, the idea of Democracy was pretty sacred.  The US was touted as the bastion of democracy in a world of dictators.  

Today, that's not the case.  To say that the election is about Democracy vs. Authoritarianism (whether that be Fascist, White Christian, or whatever democratic antonym is probably not that crucial)  simply is NOT an exaggeration.

You think people like me are alarmist?  Even long time Right Wing Anchorage Times and then Anchorage Daily News columnist Paul Jenkins says democracy is at stake.

"Trump is a danger to US democracy. How can so many good people still support him?"

Just take a look at Project 2025.  (The link is to Wikipedia which is written in a calm, pseudo-objective tone. If democracy and fascism are both equally moral and viable option, that might be ok.  But they aren't.  If you don't read it carefully, you might not see the real danger.  Sentences like:

"Project 2025 seeks to place the entire Executive Branch of the U.S. federal government under direct presidential control, eliminating the independence of the Department of Justice, Federal Communications Commission, Federal Trade Commission and other agencies.[4]"

For people who don't have a deep understanding of how our government works, that sentence might not be alarming.  But trust me, it is the path to an all powerful president.    

Even NPR's (Here and Now) interview with a key author of Project 2025, while pushing back some, doesn't really give the sense of how this is a full blown attempt to overthrow Democracy.  While they talk about getting rid of 50,000 civil servants by making them 'at will' employees (who can be fired for no reason), they don't mention the long struggle to set up a merit system which hires people based on qualifications for the job rather than political allegiance and which protects civil servants against political firing by requiring their dismissal be based on just cause (such as not doing their job as required by law.)  Despite GOP rhetoric, staffing the government with educated and dedicated civil servants is a good thing if you want a government that runs well and provides the public the services they want and need.  But not if you want to use government to carry out your personal vendettas.

Project 2025 is a Heritage Foundation plan to give the next Republican president the power to obliterate the obstacles that would keep a Trump from controlling the US government as he sees fit.  It eliminates safeguards, it puts Trump's sycophants into power - the kind of people who told him the 2020 election was rigged and that he actually won.  It's a blueprint for taking down Democracy and setting up an authoritarian government.  It's written by the type of people spent 40 years plotting to pack the Supreme Court with Right wing extremists who ignored precedent to overturn Roe v. Wade.

Prior to the Trump presidency, we had lots of lines that politician's didn't cross.  They respected the many unwritten rules because, for most, they had a sense of decency and propriety.  For other because violating them would lead to censure or expelling.  But Trump and his supporters see those lines as challenges.  How many can they mow right over?

Trump violated every such rule that got in his way.  To the point that overthrowing Democracy and replacing the Constitution with the Bible seem to be reasonable to large numbers of people - including the current Speaker of the US House of Representatives.   

We've got January 6 enablers still serving in the Congress.  This would not have been accepted before Trump.  

The Heritage Foundation is behind Project 2025 - aligned surely with the Federalist Society that planned the takeover of the Supreme Court for forty years.  This is not just a band of crazies ready to attack at Trump's command.  Those crazies are are more sophisticated and more than willing to use Trump's cult as their attack dogs.  

The Supreme Court, restructured by Federalist Society judges that Trump dutifully appointed, has overturned long standing precedents - like Roe v Wade - even though each of the Trump nominees swore that such long standing precedents would be respected.  

  • Political Violence Is One Of Those Lines

Nancy Pelosi's husband was attacked in her house in San Francisco by a Right Wing conspiracy consuming fanatic and the prospect of more political violence aimed at elected officials, judges, and election officials is on the rise.  

From AP via Anchorage Daily News Nov 19, 2023

The Trump types are using the slow and deliberate court processes to subvert justice.  We've never had an ex-president under multiple indictments who was also running for president again.  There's an urgency to these cases because they are running up against the election deadline.  The Trump team ignores the basic standards and pushes everything way past normal standards of conduct.  Because an ex-president is on trial and because the court's aren't used to this kind of a full court press, they continue to use constraint and deference as if we were in normal times.  We aren't.  I'm not asking judges to go around the law. I'm asking them to stand up to the bully defendants and not tolerate the flouting of their orders.  


SO, ARE YOU SAYING DEMOCRACY IS DOOMED?

If we don't take every action necessary to prevent Trump or any Republican from winning the 2024 election, Democracy as we know it is doomed.  

Senate and House Obstacles 

The US Senate is, in essence, gerrymandered by the Constitutional requirement that every state has two US Senators.  That wasn't a big deal in 1800 when state populations were comparatively (by today's standards) even.  But today state's like Alaska and Wyoming have fewer than one million people and get two Senators just like California with 39 million people.  And the smaller, more rural states tend to be redder.

"With the even split in the current Senate, the 50 Democratic senators represent 56.5% of the voters, while the 50 Republican senators represent just 43.5% of the voters. In 2018, the Democrats won nearly 18 million more votes for Senate than the Republicans, but the Republicans still gained two seats." (From the Brookings Institute)

In the House, the slim Republican majority is almost certainly the result of Republican gerrymandering of districts so that Democrats were either pushed into one or two districts or scattered into Republican majority districts.  

The US Supreme Court Leans Way Right

It used to be that Republican Supreme Court Justices used the Constitution as their guide for making decisions.  Today's Federalist Society judges use a pro-business ideology to find ways to twist the Constitution to favor the rich over the poor.  Individual rights - like abortion rights, voting rights - suffer.  How the Supreme Court will rule if the 2024 election is challenged by Trump does not give me hope.  

Another Insurrection, but larger

Trump persuaded lots of people to come to the Capitol on January 6 to try to stop the Congress from ratifying the election.  Many of them have been convicted of various crimes.  How many others are out there who are ready to make armed protests should Trump lose again?  

People support Trump for various reasons.  The US economy has shifted and good working class jobs no longer pay as well or are lifetime guarantees.  The array of GOP tax cuts for the rich over the years has created a an unbalanced division of wealth, with the top 10% controlling nearly 70% of US  wealth!

People's lives and prospects are not as good as they were.

With greater legal protections for women and people of color, there are more people competing for jobs.  Before the 1960s, white males were the only people competing for the better jobs.  The Republicans have convinced many of those white males, that the decline is because women and non-whites are taking over.  That's what the extreme abortion laws are about and the diatribes against immigration.  Arrows aimed straight at the emotional parts of the Trump cult members.  


IS THERE ANY HOPE?

Part of me takes hope from the elections, particularly those related for abortion, since the 2022 election.  The vast majority of voters do not support Trump.  It's possible the Trump team and the wealthy conservatives they are proxy for to simply collapse.  I hope that happens.  But I also don't want to be in shock the way we were after Clinton lost in 2016.  We need to be in shock now.  If we work harder than necessary to win, that's better than not trying hard enough and losing.

NPR reported that 80 million people DID NOT VOTE in 2020.  That's a lot of votes.  Convincing 10 million of them that Trump means the end of Democracy, would save Democracy, for now.  

But with all the lies and conspiracy theories, with mainstream media acting like the GOP is a normal party to be treated with respect, and with the many calls for violence, I'm convinced that the Trump campaign will do everything it can to obstruct voters, to subvert the election, and to repeat Jan 6 type insurrections, but with more discipline, if they lose again.  Trump's biggest incentive right now would appear to get back the power to pardon, starting with pardoning himself.  

So the votes have to be so strongly for the Democrat that there is no question about who won.  And that will take a lot of grassroots organizing to get non-voters educated and voting.  

Sunday, May 14, 2023

Hoping For A Short, Boring Redistricting Board Meeting Monday - Here's Why

Quick Take:  The Board's job Monday is to either accept the Interim Plan as the Permanent Plan OR to 'show cause' why it shouldn't be the Permanent Plan.  

What does "show cause" mean?  Basically, it means they need to give good legal and/or factual reasons why, in this case, the Interim Plan, shouldn't be adopted.  

If the Board Monday has no good reasons to object to adopting the Interim Plan as the Permanent Plan until the next redistricting process in ten years (eight years now), it will be a short meeting.

If Board members feel the need to change the Interim Plan, I expect they will consult with the Board's attorney on how to do this and whether it is likely to succeed. Some, of that discussion, if not all of it, will (but not necessarily should) be held in Executive Session.  (The courts felt they overdid the Executive Session leading up the the Interim Plan.)

If they decide that they want to "show cause"  I expect they will either discuss their reasons, and/or adjourn to work on those reasons.  They may just ask the attorney to write up their response to be voted on at a later meeting.  This will then be sent to the Superior Court for consideration.  

At least, that's how I understand this.  


Background:  I don't like to repeat myself, but this opening is a quick background for people who haven't watched this saga too closely.  If you know this pretty well, just skip on down.  

Back in May 2022 the Alaska Supreme Court said the plan the Alaska Redistricting Board had approved (the vote was 3-2) was unconstitutional partisan gerrymandering.  They sent it back to the Board through the Superior Court, ordering the Board to approve the Option 2 plan that the Board considered, but had not approved.  This, then would be the Interim Plan for the November 2022 election.  Given the looming deadline for candidates to file for office, the Supreme Court just couldn't wait for the Board to come up with a new plan on their own.  More recently, the Supreme Court completed its Opinion - a long document that looks at all the issues it had raised regarding the Board's original plan (thrown out by the Court), and its second plan (which was also thrown out.)  

Actually, that's an oversimplification.  The first plan, with a couple of changes, was essentially approved WITH THE EXCEPTION of some Senate seats in Anchorage.  So, the Interim plan for all 40 House seats, as understand this, is settled. 

Purpose of Monday's Meeting From The Supreme Court's Opinion

The Supreme Court's Opinion ended this way:

"IX. FINAL REMEDY

After the second remand, the Board adopted the Option 2 proclamation plan as the 2022 elections interim plan.240 The question of a final redistricting plan for the

[I've cut out footnotes]

decade remains. Having concluded that the Board engaged in unconstitutional gerrymandering in its initial final redistricting plan and that the Board then did so again in its amended final redistricting plan, our remanding for yet another redistricting plan may be questioned. Indeed, by clear implication article VI, section 11 authorizes courts to mandate a redistricting plan when, after a remand, the Board develops a new plan that is declared invalid.241 But we will remand out of respect for the Board’s constitutional role in redistricting.

Given that the Board adopted the current interim redistricting plan for its final plan deliberations — confirming the Board’s belief that the interim plan is constitutional — and given that Alaska’s voters have not had a chance to raise challenges to that plan in the superior court:

We REMAND for the superior court to order that the Board shall have 90 days to show cause why the interim redistricting plan should not be the Board’s final redistricting plan for the 2020 redistricting cycle:

A. Upon a showing by the Board of good cause for a remand, the superior court shall REMAND to the Board for another round of redistricting efforts; or

B. Absent a showing by the Board of good cause for a remand, the superior court shall direct the Board to approve the interim redistricting plan as its final redistricting plan, allowing any legal challenges to that plan to be filed in superior court in the normal course."  [Red emphasis added.]


Basically the court said:

  1. You had two final options last year - Option 3A (which you adopted, but we found unconstitutional) and Option 2.
  2. We told you to adopt Option 2 as the Interim Plan.  
  3. You approved Option 2, thus implying you thought it was a constitutional plan.  [Though some Board members might say they had no choice given the time constraints.  If they hadn't approved it, I suspect the Court would have imposed it anyway.]
  4. You now have 90 days to give a good reason why the Interim Plan should NOT be the final plan. (The Opinion was dated April 21, 2023.  So 90 days is just about July 21, 2023.)
  5. If the Superior Court deems your objection to be a worthy objection, then that Court will remand (give back) to the Board, the task of further changes to the map.  
  6. If you do not 'show good cause' for making further changes, the Interim Plan becomes the Permanent Plan
  7. If you show cause but the Superior, and then the Supreme Court, reject your argument, the Interim Plan becomes the Permanent Plan.  
  8. Once the Permanent Plan is in place, the public will have one more opportunity to challenge the plan.  My understanding of the various court rulings and the Board's public musings, all the 40 House seats and all but a few Anchorage Senate seats are already fixed. The period to challenge them was within 30 days of the original Proclamation Plan.  There were challenges to some other parts of the map and there were other parts of the map that no one challenged.  The only parts of the map that were still in dispute in May 2022 were a few Anchorage area Senate seats.  

Reading The Rules Carefully Is Always A Good Idea

When I was writing this post in my head, I was thinking the Board, on Monday, could either agree to leave things as they are (the Interim Plan becomes the Permanent Plan) or try to tinker with the map.  But rereading the Court's Final Remedy section of the Opinion, the first step is to 'show cause' and get the courts to agree there is cause before anyone is authorized to adjust any Anchorage Senate seats.  

What Cause Might The Board Show?

I don't see any cause that the Board could put forth.  But I'm not an attorney and there are always undetected cards they seem to be able to pull out of forgotten statutes and old cases upon which to make a claim.  

Here's how I see it:
  1. The Superior and Supreme Courts have both agreed that the Interim Plan was Constitutional.
  2. The Board, by approving the Interim Plan last May, implied they saw it as Constitutional. (They aren't supposed to approve a plan they don't think is constitutional.)
So the Board would be hard pressed to argue the plan isn't constitutional.
At that point, what else could they argue?  That it's constitutional, but they have a better plan?  I think it's too late for that.  

In its rulings about the Eagle River and Skagway Senate pairings, the supreme court discussed the concept of 'taking a hard look' at public testimony.  It ruled with the superior court and against the Board on this ground in Eagle River because the Board violated another constitutional requirement of districts
"specifically for unconstitutional political gerrymandering." (Court Opinion, p. 43)

However, in the Skagway case it ruled against the superior court ruling on 'taking a hard look' at public testimony, because
". . .if public comments merely reflect preferences for district boundaries without implicating substantive redistricting requirements, drawing district boundaries based on demonstrated substantive redistricting requirements and not the “weight of public comment” likely would not violate the hard look requirement. We nonetheless note that a Board’s failure to follow a clear majority preference between two otherwise equally constitutional legislative districts under article VI, section 6 may be evidence supporting a gerrymandering claim."
But the court ruled that House Districts 3 and 4 were unconstitutional based solely on its “weight of public testimony” approach to the hard look analysis. Because the court otherwise agreed substantive redistricting requirements were satisfied and no salient problems were raised that the Board failed to consider, we reverse the court’s invalidation of House Districts 3 and 4 and its accompanying remand to the Board." (Opinion, p. 43-44)
It would seem that same logic would be applicable here.  Just because some Board members might prefer different pairings, that's not good enough to tamper with an already constitutional map.  The Board isn't exactly 'the public.'  However, in this situation, if the Board wants to protest against Senate pairings that the courts and the Board have already agreed are constitutional, it would seem to be up against a similar obstacle the public is up against if it "merely reflects preferences for district boundaries without implicating substantive redistricting requirements."

Furthermore, the only (true) reasons the Board majority might want to make changes, as I see it, would be to try to give Republicans some advantage they don't have with the current plan, or to mess with the Democrats, by creating new Senate pairings which would force Democratic incumbents to run against each other.    

Why do I say that?  

1.  There are only a few districts, as I understand this, that are still in play.  
    1. At this point, all 40 House districts are set.  They've been approved and the time for the public to challenge them is over.
    2. The only districts that could be in play now are a couple of northeast Anchorage Senate seats.  I posted the map below and incumbent lists in my previous post, but it's worth looking at again.  



I've circled the Senate seats that could possibly be in play.  
The House seats can't be changed, 
they can only be paired differently to create different Senate seats.  Below are the incumbents 
of the House and Senate seats.  I'd note these are the district numbers in the Interim Plan.  



House Seats Senate Seats
17 - Zack Fields - DemocratI - Loki Tobin - Democrat 
18 - Cliff Groh - DemocratJ - Forrest Dunbar - Democrat
19 - Genevieve Mina - Democrat       K - Bill Wielechowski - Democrat
20 - Andrew Gray - Democrat
21 - Donna Mears - Democrat
22 - Stanley Wright - Republican

2.  Why are these the only ones in play?  Because the rest of the map was approved.  The only changes were to pair the two Eagle River house districts into one Senate district.  That left district 18 an orphan and it was paired with downtown district 17. And an orphan South Anchorage district. If they do any changes it would be to the Senate pairings in the circle - and maybe with a ripple effect beyond - because everything else was locked down and approved.  (District 9 was also an orphan district, when the two Eagle River districts were paired, but I haven't even considered that the Board might want to mess around with that district.) (Actually, my description suggests the court changed Map 3B.  In fact, they adopted Map 2, the map the Board did not choose.  So these were the pairings on that map.)

3.  As you can see, the Senate seats in this area are held by Democrats.  And the six key House seats are held by five Democrats and one Republican.  

4.  The Board majority argued long and loud, but short of actual facts or data, that JBER, the military base shouldn't be paired with 'liberal' downtown. 
"The Board cited no evidence, aside from its own speculation, that JBER is a community of interest; in any case, there was no showing that the House district encompassing the populated portion of the military base as a whole would tend to share political preferences more closely with an Eagle River House district than with the downtown Anchorage House district. We thus reject the Board’s argument that concerns about JBER justify splitting Eagle River."  (Opinion p. 105)
In fact, the Board had already put  JBER in a house district with much more liberal Government Hill and other north and northeast Anchorage neighborhoods.  

Edited from Elections page to fit in one image

Note:  This was a ranked choice vote.  Most, if not all of Franks' votes had Groh as second choice.  Also, only 6% of the registered voters on JBER even voted.  

In the 2022 House District 18 house election, the Democrats got 55% of the vote and the Republican got 44%.  HD 18 voted for Democrat Mary Peltola for US House and for Democrat Zak Fields for state Senate.  
So all the arguments that Board members Marcum and Simpson made about how terrible it would be to combine the JBER district (as they called District 18) with liberal downtown was hot air.  They'd already put JBER into a House district that was more liberal than the Base.  And that elected a Democrat.  

5.  But they may think that pairing House District 22, which did elect a Republican to the state House, with their so called JBER district (18) would result in a Republican Senate seat.  And so they may want to try to do that.  This would also mean finding other Senate pairings for the orphaned House seats - 18 and 21, which aren't contiguous, so it would force even more changes.  

6.  But the District 22 Republican only won by 72 votes out of 3700 votes.  Not really a GOP stronghold.  And with the electoral reality of District 18 (the one including JBER) as a strong Democratic district.  The resultant Senate seat would still be held by a Democrat. 

7.  But the other new Senate pairings that pairing 18 with 22 would force, they could force a two or more Democratic Senate incumbents to run against each other.  

8.  But this would all be so transparently partisan gerrymandering again that neither the superior nor the supreme court would accept it.  

9.  They only reason the Board majority might do something like this would be brazen shamelessness.  After all with Trump and Santos and DeSantis as models and the rest of the Republicans either supporting them or at least staying quiet, this would not be a big step for the Alaskan GOP to take.  
It wouldn't cost them anything, and there's the possibility it would work.  

10.  But I think it's just too obvious.  Even if Marcum and Simpson were willing to try this, I suspect the third Republican on the board, Chair John Binkley has more integrity than that.  He's had time to think this over and see it would merely waste even more public funds.  While he went along the first rounds, now it's pretty clear that the courts won't support this.  

11.  And their 'cause' also needs to show why any new plan is worth the disruption to voters and elected officials having to adjust themselves to new electoral districts.

12.  I'd also draw your attention to these words in the court's "Final Remedy" quoted above:  
"Indeed, by clear implication article VI, section 11 authorizes courts to mandate a redistricting plan when, after a remand, the Board develops a new plan that is declared invalid.241 But we will remand out of respect for the Board’s constitutional role in redistricting."

The court is saying, "We have the power to simply mandate a plan.  But out of respect for the institution of the Board (not necessarily for this particular Board) we'll give the Board one more shot to do this right."





That's my take on what will happen Monday.  There could be some other scheme Randy Ruederich has hatched for the Board to try.  But ultimately, the courts will be looking very carefully and I don't see any justifications the Board could make to oppose making the Interim Plan the Permanent Plan that the courts would accept.  

But even if the Board votes to make the Interim Plan the Permanent Plan, the public will still have thirty days to challenge it in court.  But this wouldn't be on the State's dime, and with the Board joining the superior and supreme courts, it would take some ingenious soul to find a loophole here.