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Daily Caller

Get Ready For Another Mail-In Ballot Fiasco

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From the Daily Caller News Foundation 

 

By John Fund and Hans von Spakovsky

Many states are now sending out mail-in ballots for the November election.

Yet at the same time that so many more voters are depending on the mail to cast their ballots, the two leading national organizations of election officials wrote the U.S. Postal Service demanding immediate action to avoid confusion and chaos with mail-in ballots.

“We implore you to take immediate and tangible corrective action to address the ongoing performance issues with USPS election mail service,” wrote the National Association of State Election Directors and the National Association of Secretaries of State. “Failure to do so will risk limiting voter participation and trust in the election process.” According to the U.S. Election Assistance Commission, mail-in ballots accounted for 43% of the electorate in 2020, a 20-percentage point increase from 2016.

The letter’s list of problems should alarm anyone thinking of voting through the mail instead of going to their polling place to vote in-person. That includes USPS staff nationwide who “are uninformed about USPS policies around election mail,” resulting in “significantly delayed, or otherwise improperly processed” absentee ballots.  “Timely postmarked ballots” are being received “10 or more days after postmark,” demonstrating USPS’s “inability to meet their own service delivery deadlines.”

This letter follows a July report from the USPS’s own Inspector General, which warned that its audit of primaries in 13 states found that 2.99% of mail-in ballots reached voters too late and 1.83% were returned to election offices after their legal deadlines. Its list of horror stories included the discovery that “local management at one facility stated they were not aware primary Election Day was that week.”

That means that almost 5% of voters are being disenfranchised, which amounts to hundreds of thousands of votes across the country.

There are reports of other nightmares. Kansas Secretary of State Scott Schwab is “extremely concerned” that in the August primary, 2% of ballots sent by mail were not counted “due to USPS administrative failures.”

“The Pony Express is more efficient at this point” said Schwab.

In July, Utah had a photo-finish Republican congressional primary where the victory margin was 176 votes. But nearly 1,200 mail-in ballots were not counted because they were first sent to a Las Vegas distribution center and not postmarked on time. Most of those ballots were in a county that was carried two-to-one by the candidate who ultimately lost.

The Public Interest Legal Foundation has sued Nevada officials for failure to fix obvious errors on the voter rolls. The organization has found hundreds of questionable voter addresses that include strip clubs, casinos, bars, vacant lots, gas stations, and fast-food restaurants. “Nevada’s policy of automatically mailing a ballot to every active registered voter makes it essential that election officials have accurate voter rolls and are not mailing ballots to addresses where no one lives,” PILF notes.

PILF points out that in 2022, Nevada’s U.S. Senate race was decided by 7,928 votes, which determined party control of that body. The Secretary of State, PILF noted, “published figures showing that 95,556 ballots were sent to undeliverable or ‘bad’ addresses and another 8,036 were rejected upon receipt.” Also: “Another 1.2 million ballots never came back to officials for counting.”

This year, Nevada has another competitive Senate race that could determine the Senate majority.

Nationwide, the U.S. Election Assistance Commission reports that of the almost 91 million mailed ballots sent to voters in all states in 2020, only 70 million were returned.

What happened to the others? Some weren’t filled out. But other completed ballots were probably lost by an increasingly inefficient Postal Service. And election officials complained in their letter to the USPS that election mail being “sent to voters” is being returned as “undeliverable” at a “higher than usual rate.” Some voters registered more than once got more than one ballot.

At least 1.1 million went to outdated addresses. Some may have gone to vacant lots and businesses. Some 500,000 were rejected by election officials when they were returned often due to voter errors that could have been corrected by election officials if the voters had cast their ballot in-person.

Registration lists are notoriously chock full of ineligible, duplicate, fictional and deceased voters, a fact easily exploited to commit fraud. Ballots cast by mail can become the object of intimidation and vote-buying schemes.

In 2005, a bipartisan Commission on Federal Election Reform chaired by former President Jimmy Carter and former Secretary of State James Baker pointed out that “absentee ballots remain the largest source of potential voter fraud.” Even the New York Times admitted in 2012 that “votes cast by mail are less likely to be counted, more likely to be compromised and more likely to be contested than those cast in a voting booth.”

Little has changed,  In 2019, a congressional race in North Carolina was thrown out over mail-in ballots gathered through illegal vote trafficking. A judge ordered a new election in the Bridgeport, Connecticut, mayor’s race last year after a video appeared to show two women stuffing suspect large numbers of absentee ballots into drop boxes.

In New York, three Rensselaer County officials are on trial this month accused of mail-in ballot fraud. A former GOP elections commissioner who has already pleaded guilty testified that looser post-COVID mail-in procedures make it much easier to commit voter fraud.

Before Election Day, Postal Service officials must address concerns about delays and mishandling of absentee ballots. Sloppy U.S. voting rules on everything from vote trafficking by third parties to lax or nonexistent ID laws in many states make it vital there be election observers watching every aspect of the voting and tabulation process.

And after the weeks of litigation and delays in counting that a tsunami of mail-in ballots will no doubt create, we should rethink the advice of those who disparage in-person voting and assure us “that the ballots are in the mail.”

After all, if you won the lottery, would you mail your ticket in or appear in person to claim your jackpot?

Hans von Spakovsky is a senior legal fellow in the Edwin Meese III Center for Legal and Judicial Studies at the Heritage Foundation.

John Fund is National Review’s national-affairs reporter.

Automotive

Supreme Court Delivers Blow To California EV Mandates

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From the Daily Caller News Foundation

By Katelynn Richardson

“The Supreme Court put to rest any question about whether fuel manufacturers have a right to challenge unlawful electric vehicle mandates”

The Supreme Court sided Friday with oil companies seeking to challenge California’s electric vehicle regulations.

In a 7-2 ruling, the court allowed energy producers to continue their lawsuit challenging the Environmental Protection Agency’s decision to approve California regulations that require manufacturing more electric vehicles.

“The government generally may not target a business or industry through stringent and allegedly unlawful regulation, and then evade the resulting lawsuits by claiming that the targets of its regulation should be locked out of court as unaffected bystanders,” Justice Brett Kavanaugh wrote in the majority opinion. “In light of this Court’s precedents and the evidence before the Court of Appeals, the fuel producers established Article III standing to challenge EPA’s approval of the California regulations.”

Kavanaugh noted that “EPA has repeatedly altered its legal position on whether the Clean Air Act authorizes California regulations targeting greenhouse-gas emissions from new motor vehicles” between Presidential administrations.

“This case involves California’s 2012 request for EPA approval of new California regulations,” he wrote. “As relevant here, those regulations generally require automakers (i) to limit average greenhouse-gas emissions across their fleets of new motor vehicles sold in the State and (ii) to manufacture a certain percentage of electric vehicles as part of their vehicle fleets.”

The D.C. Circuit Court of Appeals previously rejected the challenge, finding the producers lacked standing to sue.

“The Supreme Court put to rest any question about whether fuel manufacturers have a right to challenge unlawful electric vehicle mandates,” American Fuel & Petrochemical Manufacturers (AFPM) President and CEO Chet Thompson said in a statement.

“California’s EV mandates are unlawful and bad for our country,” he said. “Congress did not give California special authority to regulate greenhouse gases, mandate electric vehicles or ban new gas car sales—all of which the state has attempted to do through its intentional misreading of statute.”

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Daily Caller

Unanimous Supreme Court Ruling Inspires Hope For Future Energy Project Permitting

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From the Daily Caller News Foundation

By David Blackmon

It comes as a surprise to many Americans when they learn that the vast majority of decisions issued by the U.S. Supreme Court are decided unanimously. Far too often, these unanimous decisions receive scant attention in the press due to their lack of controversy.

Such is the case with a key 8-0 decision the Court published May 29 that could help Congress and the Trump administration meet their goals to streamline permitting for energy projects in the United States. The decision narrows the scope of application of the National Environmental Policy Act (NEPA), a law whose environmental review provisions have been systematically used – and often abused – by climate alarm groups and plaintiff lawyers for decades to impede the progress of major projects of all kinds.

The case at hand involves the Uinta Basin Railway Project, which will transport oil produced in Utah’s Unita Basin and connect it to the national railway network so it can reach national markets. Because the rail line would parallel the Colorado River for roughly 100 miles, the D.C. Court of Appeals ruled in 2023 that the project’s developers would have to conduct a second, expanded environmental impact study under NEPA to try to assess nebulous potential impacts to air quality – often taking place thousands of miles away – or from a possible oil spill, rescinding a key permit that had been issued in 2021 by federal regulators.

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It is key to note that that permit was issued by the federal Surface Transportation Board (STB) along with a 3,600-page environmental impact statement to comply with NEPA. In the conduct of the environmental review, the Wall Street Journal wrote that STB and the company assessed “the railway’s potential effects on local water resources, air quality, protected species, recreation, local economies, the Ute Indian tribe and much more.”

But for the plaintiffs and the D.C. Circuit Court, 3,600 pages of thorough scientific analysis just weren’t enough. They filed suit, complaining that the study didn’t try to assess potential impacts that might happen on dozens of other rail lines hundreds of miles distant, or, even more absurd, assess potential pollution in “environmental justice communities” as far away as the Texas and Louisiana Gulf Coast.

You really can’t make this stuff up.

If delay was the goal, the plaintiffs got a win, halting progress for four years. That is a sadly typical outcome for cases involving energy-related projects such as this one.

In their unanimous opinion written by Justice Brett Kavanaugh, the justices state, “The goal of the law is to inform agency decisionmaking, not to paralyze it.”

As I’ve written in previous stories, the vast majority of delays in permitting processes stem from provisions contained in major federal statutes designed to protect the environment and endangered species. In addition to NEPA, these laws include the Clean Air Act, the Clean Water Act and the Endangered Species Act. Among them all, none has been more broadly abused and misinterpreted by activist courts than NEPA.

In its analysis of the decision, the Institute for Energy Research says, in part, that the “decision means that agencies can approve projects like pipelines, railways, and dams and not be mandated to consider distant environmental effects of the projects, such as increased greenhouse gas emissions, that had stopped or delayed fossil fuel projects from moving forward, particularly during the Biden administration.” But, the author cautions, “the Uinta Basin Railway project could still face additional legal and regulatory hurdles within Colorado,” despite the ruling.

The good news is that even the liberal justices on the Supreme Court appear to be developing a growing awareness of just how absurd some of the claims made in lawsuits like this case really are. The unanimous nature of this decision inspires some sense of hope that the Trump administration can succeed in some of its efforts to reform the system and put an end to some of the most unjustified delays.

David Blackmon is an energy writer and consultant based in Texas. He spent 40 years in the oil and gas business, where he specialized in public policy and communications.

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