“Ballot Access” Fairness: The Answer is Already in Some Voters’ Hands

Ballot

Every two years, independent and “third” party candidates for various offices scramble to get their names on ballots around the United States.

Every two years, those candidates come up against — and many of them fail to overcome — “ballot access” obstacles custom-made to produce the Republican/Democratic monopoly on political power.

And every couple of years I write a column suggesting that fundamental fairness requires doing away with the government-printed, government-regulated, Republican- and Democrat-controlled, “Australian” ballot and returning to the days when American elections were conducted entirely with write-in and/or party-provided ballots.

What I didn’t notice until recently, mainly because I didn’t ask Libertarian Party co-founder D. Frank Robinson, is that such ballots already exist and that some Americans use them in every election.

If you’re a US citizen living abroad, or a member of the US armed forces or Merchant Marine (or spouse/dependent), and don’t receive your home US state’s official “Australian” ballot, you can still vote using the Federal Write-In Absentee Ballot.

The ballot includes a section for “under penalty of perjury” personal information disclosure, a section to write in your votes for federal elections (President, US Senate, and US House), a section for your state and local elections, and a section for any ballot initiatives you care to vote on.

What’s the virtue of the Federal Write-In Absentee Ballot? Simple: It’s uncensored. Neither any candidate’s “access” nor any voter’s preferences are disallowed. Neither your local nor state election authority, nor the political party in power in your neck of the woods, gets to interpose itself between you and the candidates seeking your support.

Use of the Federal Write-In Absentee Ballot gets around the “state monopoly on prepared ballots” Robinson correctly describes as “a censorship regime administered by two long self-entrenched cliques of partisans,”  arguably in violation of the First Amendment.

One of the few positive outcomes of the COVID-19 pandemic is a worthwhile and overdue move toward  “vote by mail” that looks set to be implemented in many or most states by this November.

Voting by mail reduces one potential problem with large numbers of write-in votes: The longer voting period doesn’t stress counting systems as badly as packing most of the ballot haul into one “election day.”

If the goal is to get back to truly free and fair elections in America, we should pair universal vote by mail with universal use of the Federal Write-In Absentee Ballot.

Thomas L. Knapp (Twitter: @thomaslknapp) is director and senior news analyst at the William Lloyd Garrison Center for Libertarian Advocacy Journalism (thegarrisoncenter.org). He lives and works in north central Florida.

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COVID-19: “Second Wave” or Not, No More Lockdowns

Photo by cottonbro from Pexels
Photo by cottonbro from Pexels

Here we go again: Fear of a “second wave” of COVID-19 infections is on world tour. Naturally, the same “experts” who demanded a global lockdown/shutdown in response to the “first wave” are saddling up for an encore. Their logic, faulty the first time around, is even more so the second.

We shouldn’t, even for a moment, set aside the hideous and lethal  immorality of placing hundreds of millions of human beings under de facto house arrest without accusing, let alone convicting, them of any crime whatsoever, or of forcibly grinding much of the economic activity that keeps 8 billion humans alive to a halt. Those were evil and stupid ideas. But at least there was an excuse, however flimsy, to justify the evil and the stupidity.

That excuse was a supposed need to “flatten the curve” of infection —  to temporarily slow down the rate of new cases so that hospitals could get enough ICU beds and ventilators in place to handle the case load.

Mission presumably accomplished, and then some. In much of the world, the COVID-19 case load hasn’t come close to taxing bed or ventilator availability, and in places where it did, the virus began to slow down as those availabilities began to catch up.

COVID-19 isn’t gone and never will be, but our sacrifices of liberty theoretically bought us time, which in turn bought us the ability to treat more patients more successfully while we wait for herd immunity, mutations toward weaker strains, or even a vaccine to turn the disease into a rare and/or minor ailment instead of a plague.

Unfortunately the “experts” — or at least the newly empowered and increasingly authoritarian politicians they work for —  are moving the goal posts, threatening a return to “lockdown” any time they decide they’re seeing “too many” cases of COVID-19.

The answer to the first lockdown orders should have been a firm,  non-negotiable, universal “no.” We each knew (and still know) our own isolation and social distancing needs far better than any politician or “expert” can know everyone’s.

Instead, we gave the politicians the proverbial inch, they took the inevitable mile, and they only gave back a bit of it when they realized we were going to take it  back whether they liked it or not.

Now they’re looking for excuses to make us run a marathon with them. And again, the answer we should be giving them is “no.”

Thomas L. Knapp (Twitter: @thomaslknapp) is director and senior news analyst at the William Lloyd Garrison Center for Libertarian Advocacy Journalism (thegarrisoncenter.org). He lives and works in north central Florida.

PUBLICATION/CITATION HISTORY

Police Violence: “Reform” Is Not Enough

Protest against police violence -- Justice for George Floyd. Photo by Fibonacci Blue. Creative Commons Attribution 2.0 Generic license
Protest against police violence — Justice for George Floyd. Photo by Fibonacci Blue. Creative Commons Attribution 2.0 Generic license

Every few years, some particular instance of a pervasive phenomenon — police violence in the form of unjustified or at least highly questionable killings — “goes viral” with the result that America’s cities explode in protest.

Every time that happens, some American politicians complain about a non-existent “war on police,” while others promise “reforms” such as closer supervision (like the increase in body camera use following the 2014 killing of Michael Brown in Ferguson, Missouri), civilian review boards to investigate complaints, better training, and of course more money.

After each round of “reforms,” the problem continues.

“We can’t settle for anything other than transformative structural change,” says US House Speaker Nancy Pelosi (D-CA). She’s right, but the bill she’s  promoting — the Justice in Policing Act of 2020 — isn’t any such thing.

The bill isn’t likely to become law. It may pass the Democratic House, but the Republican Senate and White House are already busking for support from police unions and their faux “law and order” base in November’s elections.

And even if it did pass, it’s a glass not even half full. Pelosi herself contradictorily describes it as both “full, comprehensive action” and “a first step” with “more to come.”

The bill would “reform,” rather than eliminate, “qualified immunity.” It would reduce some of the barriers that plaintiffs have to get over in holding police accountable for rights-violating misconduct, but it doesn’t go nearly far enough. Cops need to be held to EXACTLY the same standards as civilians when it comes to use of force.

The bill would also outlaw “no-knock raids,” but only for drug cases. “No-knock raids” are nothing less than violent home invasion burglaries. They’re precisely the kind of “unreasonable searches” forbidden by the Fourth Amendment and need to be outlawed entirely.

The Justice in Policing Act isn’t “transformative structural change.” It’s a band-aid on a gaping, traumatic wound that is, indeed, structural.

The root of the problem isn’t police violence.  It’s police themselves, and the system they serve. The purpose of police as we know them is to hold the productive class down so that the political class can rule and rob us, full stop. Everything else — “serve and protect,” etc. — is incidental or illusory.

Progressives calling for “defunding” of the police are on the right track, or would be if they were serious. Most of them seem to use “defund” to mean “shift funding between state activities,” not to mean “eliminate a state activity.” They don’t want the pepper balls and rubber bullets, but they refuse to abandon the system the pepper balls and rubber bullets prop up.

“Transformative structural change” would require more than re-training and de-militarizing the police. It would require dis-empowering them and going back to voluntary community “peace officer” models of law enforcement.

Donald Trump, Nancy Pelosi, et al. know their control over the rest of us relies on the existing police state model. The only way for it to go is for them to go as well.

We need a real revolution, not fake “reform.”

Thomas L. Knapp (Twitter: @thomaslknapp) is director and senior news analyst at the William Lloyd Garrison Center for Libertarian Advocacy Journalism (thegarrisoncenter.org). He lives and works in north central Florida.

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