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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.

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US Supreme Court Has Chance To End Climate Lawfare

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From the Daily Caller News Foundation

By David Blackmon

All eyes will be on the Supreme Court later this week when the justices conference on Friday to decide whether to grant a petition for writ of certiorari on a high-stakes climate lawsuit out of Colorado. The case is a part of the long-running lawfare campaign seeking to extract billions of dollars in jury awards from oil companies on claims of nebulous damages caused by carbon emissions.

In Suncor Energy (U.S.A.) Inc., et al. v. County Commissioners of Boulder County, major American energy companies are asking the Supreme Court to decide whether federal law precludes state law nuisance claims targeting interstate and global emissions. This comes as the City and County of Boulder, Colo. sued a long list of energy companies under Colorado state nuisance law for alleged impacts from global climate change.

The Colorado Supreme Court allowed a lower state trial court decision to go through, improbably finding that federal law did not preempt state law claims. The central question hangs on whether the federal Clean Air Act (CAA) preempts state common law public nuisance claims related to the regulation of carbon emissions. In this case, as in at least 10 other cases that have been decided in favor of the defendant companies, the CAA clearly does preempt Colorado law. It seems inevitable that the Supreme Court, if it grants the cert petition, would make the same ruling.

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Such a finding by the Supreme Court would reinforce a 2021 ruling by the Second Circuit Appeals Court that also upheld this longstanding principle of federal law. In City of New York v. Chevron Corp. (2021), the Second Circuit ruled that municipalities may not use state tort law to hold multinational companies liable for climate damages, since global warming is a uniquely international concern that touches upon issues of federalism and foreign policy. Consequently, the court called for the explicit application of federal common law, with the CAA granting the Environmental Protection Agency – not federal courts – the authority to regulate domestic greenhouse gas emissions. This Supreme Court, with its 6-3 conservative majority, should weigh in here and find in the same way.

Boulder-associated attorneys have become increasingly open to acknowledging the judicial lawfare inherent in their case, as they try to supplant federal regulatory jurisdiction with litigation meant to force higher energy prices rise for consumers. David Bookbinder, an environmental lawyer associated with the Boulder legal team, said the quiet part out loud in a recent Federalist Society webinar titled “Can State Courts Set Global Climate Policy. “Tort liability is an indirect carbon tax,” Bookbinder stated plainly. “You sue an oil company, an oil company is liable. The oil company then passes that liability on to the people who are buying its products … The people who buy those products are now going to be paying for the cost imposed by those products.”

Oh.

While Bookbinder recently distanced himself from the case, no notice of withdrawal had appeared in the court’s records as of this writing. Bookbinder also writes that “Gas prices and climate change policy have become political footballs because neither party in Congress has had the courage to stand up to the oil and gas lobby. Both sides fear the spin machine, so consumers get stuck paying the bill.”

Let’s be honest: The “spin machine” works in all directions. Make no mistake about it, consumers are already getting stuck paying the bill related to this long running lawfare campaign even though the defendants have repeatedly been found not to be liable in case after case. The many millions of dollars in needless legal costs sustained by the dozens of defendants named in these cases ultimately get passed to consumers via higher energy costs. This isn’t some evil conspiracy by the oil companies: It is Business Management 101.

Because the climate alarm lobby hasn’t been able to force its long-sought national carbon tax through the legislative process, sympathetic activists and plaintiff firms now pursue this backdoor effort in the nation’s courts. But their problem is that the law on this is crystal clear, and it is long past time for the Supreme Court to step in and put a stop to this serial abuse of the system.

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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Trump Orders Review Of Why U.S. Childhood Vaccination Schedule Has More Shots Than Peer Countries

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From the Daily Caller News Foundation

By Emily Kopp

President Donald Trump will direct his top health officials to conduct a systematic review of the childhood vaccinations schedule by reviewing those of other high-income countries and update domestic recommendations if the schedules abroad appear superior, according to a memorandum obtained by the Daily Caller News Foundation.

“In January 2025, the United States recommended vaccinating all children for 18 diseases, including COVID-19, making our country a high outlier in the number of vaccinations recommended for all children,” the memo will state. “Study is warranted to ensure that Americans are receiving the best, scientifically-supported medical advice in the world.”

Trump directs the secretary of the Health and Human Services (HHS) and the director of the Centers for Disease Control and Prevention to adopt best practices from other countries if deemed more medically sound. The memo cites the contrast between the U.S., which recommends vaccination for 18 diseases, and Denmark, which recommends vaccinations for 10 diseases; Japan, which recommends vaccinations for 14 diseases; and Germany, which recommends vaccinations for 15 diseases.

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HHS Secretary Robert F. Kennedy Jr. has long been a critic of the U.S. childhood vaccination schedule.

The Trump Administration ended the blanket recommendation for all children to get annual COVID-19 vaccine boosters in perpetuity. Food and Drug Administration (FDA) Commissioner Marty Makary and Chief Medical Officer Vinay Prasad announced in May that the agency would not approve new COVID booster shots for children and healthy non-elderly adults without clinical trials demonstrating the benefit. On Friday, Prasad told his staff at the Center for Biologics Evaluation and Research that a review by career staff traced the deaths of 10 children to the COVID vaccine, announced new changes to vaccine regulation, and asked for “introspection.”

Trump’s memo follows a two-day meeting of vaccine advisors to the Centers for Disease Control and Prevention in which the committee adopted changes to U.S. policy on Hepatitis B vaccination that bring the country’s policy in alignment with 24 peer nations.

Total vaccines in January 2025 before the change in COVID policy. Credit: ACIP

The meeting included a presentation by FDA Center for Drug Evaluation and Research Director Tracy Beth Høeg showing the discordance between the childhood vaccination schedule in the U.S. and those of other developed nations.

“Why are we so different from other developed nations, and is it ethically and scientifically justified?” Høeg asked. “We owe our children science-based recommendations here in the United States.”

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