Monday, October 24, 2016

The poll finds that among Americans overall, only 43 percent have a great deal of confidence that their votes will be counted accurately. That’s unfortunate, to be sure. Meanwhile, the partisan divide is notable: 55 percent of Democrats have a great deal of confidence in the vote counting, while 44 percent of Republicans and 41 percent of Trump supporters feel the same way.

Given that my vote wasn't counted in the 2016 primary, and I've been told twice so far this election that I can't vote because I won't show ID, it's a reasonable concern.

just uploaded some video of my 2nd voter ID test at city hall in indy. This test was inconclusive, with the poll worker saying, off camera, that she didnt think I could vote without ID, but she would have me talk to somebody, the somebodys then handled it correctly. In today's vote test,and in my first one,
I was told no ID, no vote. Today's guy apologized after his superiors explained he was wrong, so I'm not going to be suing him. But they didnt fix the problem, after having assured me that the problem would be fixed.
https://youtu.be/jbSFsmQdLhM should be the first half, where i'm standing in line.

I couldn't find the videos from the primary that I uploaded earlier, I'll have to play with youtube a little more to find those. They were a lot more dramatic than this set.


here are the earlier ones.

One U.S. law, 18 U.S. Code Section 594, says that any activity that “intimidates, threatens, coerces” or even attempts to do any of those things counts as illegal voter intimidation. That law is joined by three more federal civil statutes that allow individual voters to bring a case against anyone who is even preparing to engage in voter intimidation: Section 3 of the so-called Ku Klux Klan ActSection 131(b) of the Civil Rights Act of 1957; andSection 11(b) of the Voting Rights Act of 1965.


madeline.buckley at indystar.com

oh, as usual, hasen already covered this earlier today.

Today I did a third test of early voting at city hall in Indianapolis. Once again I was told by both of the people staffing the line that without ID I can't vote, which is wrong. I ran into one of the higher up staff and she explained to them how it was supposed to go, and I got a polite apology. Maybe I'll do another test tomorrow. I did not get video today. I still need to review last week's audio to see if I got anything useful.

What I've been trying to do in these voter ID tests is develop empirical evidence for how voter ID actually plays out in the field. See https://www.brennancenter.org/publication/developing-empirical-evidence-campaign-finance-cases.
 In Crawford, the court upheld Indiana's voter ID in a facial pre-enforcement challenge, but left a window open for as-applied challenges.

Similarly, in McConnell, the court turned down a facial challenge to BCRA, but in cases like WRTL II, Davis, Free Enterprise Club, and Citizens United, it sustained as-applied challenges. I haven't been able to find counsel to bring such a case, and I don't regard myself as competant counsel. But I keep trying to build the record, because someday such a case will come along.

Sunday, October 23, 2016


Friday, October 21, 2016

I have requested an absentee ballot, because they won't let me early vote. I don't actually know where I will be on election day. I'm in Evansville right now, I'll be in Texas next week, but I might be home by election day. So maybe my ballot is fraudulent. I am 56, and in Indiana those under 65 need an excuse to get an absentee ballot. I want to vote for Johnson, because this will be a record high for a Libertarian, and I have reservations abouty Trump, although I'm enjoying his disruptive campaign.
Normally, I cast a provisional ballot which isn't counted, so as to have standing to challenge voter ID,
but I think being turned down for early voting was good enough.

Nationally, Nixon prevailed — 31.7 million votes to 31.2 million votes for Humphrey. I didn't realize it was that close. I wasn't following politics closely at the time. All I remember was LJB's speech about how he wouldn't run. I didnt get involved in politics until 1970.

The article is a sermon against voting 3rd party, for Johnson or Stein. But in 1968,
the majority of 3rd party voters did not have HHH as the second choice. Nixon would have had a landslide in a two way race.

As a Johnson voter, Hillary is not my second choice. Johnson represents a principled alternative for conservatives or republicans who have reservations about Trump. Either Johnson or Stein represents a principled alternative for liberal voters who have reservations about re-electing the Clintons to a third term.

NomineeRichard NixonHubert HumphreyGeorge Wallace
PartyRepublicanDemocraticAmerican Independent
Home stateNew York[2]MinnesotaAlabama
Running mateSpiro AgnewEdmund MuskieCurtis LeMay
Electoral vote30119146
States carried3213 + DC5
Popular vote31,783,78331,271,8399,901,118


tom gordon trying to sneak back into office. my mother will be pissed.

Thursday, October 20, 2016

past tense: rigged; past participle: rigged
  1. make (a sailing ship or boat) ready for sailing by providing it with sails and rigging.
    "the catamaran will be rigged as a ketch"
    synonyms:equip, fit out, supplyfurnishprovidearm
    "the boats were rigged with a single sail"
    • assemble and adjust (the equipment of a sailboat, aircraft, etc.) to make it ready for operation.
      "most sails are kept ready rigged"
    • set up (equipment or a device or structure), typically hastily or in makeshift fashion.
      "he had rigged up a sort of tent"
      synonyms:set up, erectassemblebuildMore

“Ladies and gentlemen, I want to make a major announcement today: I would like to promise and pledge to all of my voters and supporters, and to all of the people of the United States, that I will totally accept the results of this great and historic presidential election — if I win,” Trump said, as the crowd cheered.

I heard this quote on npr while driving to a pitch-in tonight. He has nice delivery.
I am continuing to enjoy Trump's plain talk method of campaigning. I did not catch the debate last night but have seen some excerpts. It has the suits all in a twitter, pretending that he's called for armed revolution or something like that, which is plainly not what's he said. I like a good joke candidate,and he's taken it further than we expected him to in some respects. Of course I also expected that if nominated he would spent the billion of his own funds that it takes to win, and he hasn't. He's essentially conceded recognizing that he's an also-ran. I've done the same thing in my own races; only spending token amounts once the polling shows me I can't win. He didn't spend the money to build or rent a ground game to match Clinton's. It's unclear what his long term plans are. Possibly he wants to be a shadow president, leading an opposition faction. He's a bit old to be just running to build support for a future race. 

If my county is typical, enough people have early voted that he's already lost, but we won't know that till later.

Wednesday, October 19, 2016


Tuesday, October 18, 2016

http://www.bbc.com/news/blogs-trending-37682997 nobody 2016.

This is the early voting room at the clerk's office that they wouldn't let me into without ID.

link to a reddit thread discussing my recent voiter ID adventures.

letter sent just now
update: they responded by email saying "we have no such records."

Today, tuesday oct 18th 2016, I went to the city county building to see if I could early vote. I was handed a clipboard and told to get my ID ready.
I asked "what if I don't have an ID?" I was told "then you can't vote."
I asked to get that in writing. I was told that they would not give me anything in writing but that I could make a public records request, to which they would respond within 7 days. (You may recall we went through this recently with my public records request for Dawn Young's voter registration info, but I'll write separately about that later. As a result of your stalling Ms. Young ended up missing the registration deadline, but it wouldn't have mattered because she does not have and cannot get ID. I digress.)

They would not let me go to the election board office to fill out a public records request, but instead had an armed deputy tell me to leave the building.

After that happened, I had a couple of meetings with people who have more influence than I do on how things get done, so I expect this situation will have been fixed by my next visit. None the less, I am following up as requested with this public records request for whatever policy justifies them telling me that I can't vote without ID, and that I had to leave the building.

This is the same situation I encountered at the spring primary, concering which there is supposed to be an open investigation, but I haven't heard any followup.

My concern is not just that I want the situation fixed at the city county building, it is that this malfeasance will be repeated over and over at most of the 600 precincts on election day, resulting in 100s of voters being illegally turned away. 

You may recall that I participated as an amicus in Crawford v Marion County Election Board, that I was a losing plaintiff in Palmer et al v Marion County Election Board and both the Stewart v Marion County Board cases. The second Stewart v Board case was dismissed based on perjured testimony by Linda Proffitt, which is why I videotaped what happened at the primary, so there would be more evidence.

I expect to bring a camera when I come back later this week to try again to vote, if they let me.
addition details of today's events here; http://ballots.blogspot.com/2016/10/today-i-went-to-test-early-voting.html

notice of tort claims:
When they told me I couldn't vote, as described above, they violated my right to vote under article II sections 1 and 2.
When they told me I couldn't vote, they violated my right to vote under the 1st, 14th, 15th, and 24th Amendments.
When they wouldn't let me go to the clerk's office to make a public records request,and when they had an armed officer tell me to leave the building this was a seizure under section 11 of article I and a violation of the 4th Amendment.

Because I have been told this is going to be promptly corrected at least at the city county building, I would be willing to resolve this (today's inclident, not the more serious primary one) with a token payment and a letter of apology. 
In Stewart v Taylor, when I sued the election board and won, in a case about signs, I have initially just asked for a letter of apology, and only after not getting one I sued and won damages of $7,000. That case was about disclaimers. I encourage you to review it, since in the back of my car right now I have a sign I picked up sunday that doesn't have a disclaimer. See also Mulholland v Board, which was settled for $80,000 and like Taylor involved rights under McIntyre v Ohio. But I'll write separately about that.

I hope we can work together so that the many temporary board employees who staff the precincts and the early voting locations are properly trained instwad of unlawfully telling people that they can't vote.

It is important to me that in this election I get to vote and have my vote counted, unlike in previous years where I have been willing to cast provisional ballots that you didn't count even though you knew it was my ballot and that I am who I say I am. If we can rach some such agreement that might resolve the above claims.

Cordially, Robbin Stewart
4015 E Washington St

P O Box 29164 Indianapolis IN 46229
gtbear at gmail.com317 redacted

update: by wednesday the problem was mostly fixed. the young woman running the clipboards, when asked about ID, looked perplexed and said "I don't think you can vote without ID. I can have you talk to someone." Once she got me into the room to talk to someone the staff was informed and cooperative and fgave the choice of a provisional vote or to request an absentee ballot mailed, which is what I already did last week. I have not yet reviewed today's video, probably not very good.
yesterday's entry:

Today I went to test the early voting procedures at the Indianapolis City Hall.
This time they had signs up pointing to the early voting entrance. In last week's test I went in the regular entrance, asked if I could come in to vote without being searched was told no, so went through the screening. Complained to the Sheriff's office and now they have the signs up. A rare small victory. But that's not what this post is about.

Today I went to test the early voting procedures at the Indianapolis City Hall.
I got into the line, was handed a clipboard, told to have my ID ready. I asked what if I didnt have my ID.

interlude: A black guy just walked past with a handmade tshirt saying "Vote Trump - You have rights." No disclaimer, so that would violate federal law. I should have otten a photo. I'm at a starbucks sidewalk table downtown.

I asked what if I didnt have my ID.
I was told I couldn't vote. The other guy, something Steward from his namebadge, said "get your ID and come back. We're here 'til 5." I went and did my other city hall business. (One of my houses was taken by the city for liens.) I went back to the line, asked Steward "What if I don't have ID?" He said "You can't vote." I asked him "Can I get that in writing?" He said "I'll go get somebody."
I sat quietly on a chair for a couple minutes waiting for him. A county sheriff deputy took me by the arm and asked if I had finished voting,and it was time for me to go. I don't recall his exact words, and I didn't record vodeo this trip. I should come back tomorrow and video,

I explained that I was waiting for the guy. At this point 4 of them swarmed around me plus the officer,and I was told that I would not be given a written statement. Some doubletalk about how I could go over to voter registration, I said I was already registered, this was about voting, that I did not have my registration card with me. I was told I could make a public records request and they would have 7 days to respond. I asked if I go to the clerk's office to fill out the request. They said no. This was a large black woman from the registration office who I did not recognize.

Since the deputy was looming, looking for an excuse to get physical, I left.

It is my feeling that my voting rights were violated. I will expand on that with an edit later. It looks like rain right now and I don't want my computer to get wet.

I next went to the Indiana Democratic HQ. Talked to someone on the elevator to the 11th floor who gave me the address of the county office, and told me she'd pass on my comments about the voting situation.
I next went to the County Delocratic HQ. Met the county chair, Joell __, who shook my hand, understood what I was talking about, and said he'd look into it. That's more likely to bring changes than me trying to do stuff on my own.

Possible claims:
My .. here comes the rain...

Update: on the way home, I stopped at the election warehouse next to the FoodforLess. The person I spoke to said she remembered me from the provisional ballot hearings last year. I explained the problem and she said she'd get it fixed by tomorrow.

Monday, October 17, 2016


Saturday, October 15, 2016



Friday, October 14, 2016

Hasen is saying that Johnson hurts Hillary and helps Trump, but his analysis assumes his conclusion.
Johnson offers a principled way for republicans to vote for someone other than Trump.
I applied for my absentee ballot today and expect to vote for Johnson.
Johnson is, as expected, fading in the polls after failing to organize a 3 or 4 way debate independent of the partisan debate commission. The wall street journal article is behind a paywall so I haven't read it.
“Libertarians and Greens Can Win—Even If They Lose”
“Should the Johnson or Stein campaigns earn 5% of the popular vote, their parties could receive public funding in 2020.”
But the libertarians don't want public funding, and the greens won't get 5%,

A few weeks ago I posted polls showing Trump leading in some key swing states. It now looks like Trump is expectd to lose, and maybe so badly the house will be about evenly split.

Thursday, October 13, 2016

Is florida's two-party recording statute constitutional?

Apparently one of these true the vote type groups [update it's eric o'keefe's group] had a mole inside a florida clinton office [update: at a restaurant so public place most likely] and caught people destroying GOP voter registrations and making iffy comments.
update: the ripping up registrations was hypothetical and didnt happen.
 So now there's an accusation that the recording was unlawful.

Here's the statute:


The 7th circuit found an illinois statute unconstitutional as against cops. People v. Melongo, Docket No. 114852 (Ill. Mar. 20, 2014). Is there a first amendment free press right? is there a florida constitional free press right? I don't know. Off to google.

Florida law makes an exception for in-person communications when the parties do not have a reasonable expectation of privacy in the conversation, such as when they are engaged in conversation in a public place where they might reasonably be overheard. If you are operating in Florida, you may record these kinds of in-person conversations without breaking the law. - 

Digital Media Law Project


So offhand it looks like the statute doesn't even cover this.

Thailand's king, king since the 1940s, has died at 88.
I won't say much about this since I hope to go to Thailand some day and they are very sensistive of any discussion of the monarchy.

Tuesday, October 11, 2016

“Kobach: Trump comments ‘pale in comparison’ to issues facing country”

Even a stopped clock is right twice a day.

“The Walking Dead” returns for season seven on Oct. 23.
The question is whether we will see “The Voting Dead” on Nov. 8.

Saturday, October 08, 2016


tonight's debate.




tonight's debate.

 I sat Trump beside Vendela, thinking that she would get a kick out of him. This was not the case. After 45 minutes she came over to my table, almost in tears, and pleaded with me to move her. It seems that Trump had spent his entire time with her assaying the “tits” and legs of the other female guests and asking how they measured up to those of other women, including his wife. “He is,” she told me, in words that seemed familiar, “the most vulgar man I have ever met.”
- Vanity Fair.

Trump is creepy and weird, but far less so than the Clinton tag team of the accused rapist and his enabler.

it can reasonably be argued that the presidency of George W. Bush was an eight-year warm-up act for the final stage of a dumbed-down America: a Trump presidency. You can draw a relatively straight line from the Florida recount of 2000, which took Bush into office, right through to the shambolic Trump campaign. The election of Bush led to the invasion of Iraq, which led to the de-stabilization in the Middle East (Libya, Egypt, Syria), which led to the migrant crisis, which led to European nationalism, Brexit, and, at the tail end of all these disasters, Trump.

This is insightful, although what is leaves out is Clinton bombing Bin Laden in Somalia during the wag the dog episode with the blue dress.


This BBC article appears to show Clinton 4 points ahead, but actually she's 1.5 points ahead, within the margin of error, when Johnson and Stein are included.

As expected, Johnson's numbers are falling after he failed to get either major party candidate to debate him.

Friday, October 07, 2016


Complaint in the Furman College students voter registration case.


Thursday, October 06, 2016

I got my hair cut today. The sense at the barber shop is they are tired of the election and want to be over so they can watch more sports games on tv. One guy told how he voted for Kennedy at age 9 whehn his mom snuck him into the voting booth, but he hasn't voted since. he referred to Obama as "the first nigger", something i'm not used too hearing from a white person. Another guy is voting for clinton because he doesn't like trump; the rest of dislike both clintona nd trump. One guy wants Perot to get back in the race. I'm headed back to my ivory tower, but I figured I'd do this quick blog about the word on the street.


samantha bee on Trump and riggers.

I think the coverage of Trump's foundation, largely generated by CREW, displays a double standard by the media, when the Clinton Foundation issues are orders of magnitude larger.
Here are a few sample stories, mostly from August, that are being eclipsed by biased coverage of a minor bookeeping error by one of Trump's staff, the Bondi donation. There are other issues with Trump's Foundation, but they pale in comparison.

Hillary Clinton’s Reaction to Her Foundation Scandal Is Disastrous

As I watch Hillary Clinton wish away the fallout of the Clinton Foundation’s unseemly ties with the State Department during her tenure as Secretary of State, I can’t help but think that her self-inflicted wound just bleeds and bleeds and bleeds. Every day that she fails to seriously address the rotten consequences of her poor judgment, Clinton further erodes the already lacking public trust in her. By avoiding a sincere display of contrition, she risks her candidacy and the foundation her family built.


The media has latched onto the news that more than half of those who received a personal meeting with Hillary Clinton while she was the secretary of state had also donated to the Foundation. In truth, this is just one of many scandals the Foundation is involved in—but most others have been reported and quickly forgotten, in favor of blowing up something GOP presidential nominee Donald Trump said or did. Even this latest scandal is trying to be diluted by some in the media. 
Clinton-backed branch of foundation donor GM now caught in major scandal

The visit came a year after the General Motors Foundation had contributed $684,455 in vehicles to the Clinton Foundation. Fast-forward several years, and GM-Uzbekistan is now embroiled in a massive scandal, reportedly facing charges of fraud, money  laundering, and embezzlement, a legal case that has reached high-ranking government officials in the country.


One thing is certain in the Clinton Foundation scandal: Hillary didn't avoid the 'appearance' of conflict.
Clinton Foundation scandal will dog Hillary until election day’
The Clinton Foundation Scandal Explained: Money, Power And Influence Questions Hound Hillary Clinton Campaign

Wednesday, October 05, 2016

the latest josh douglas article.
The Right to Vote Under Local Law
linking it here too read later.

A complete analysis of the right to vote requires at least three levels of inquiry: the U.S. Constitution and federal law, state constitutions and state law, and local laws that confer voting rights for municipal elections. But most voting rights scholarship focuses on only federal or state law and omits any discussion of the third category. This article — the first to explore in-depth the local right to vote — completes the trilogy.



Tuesday, October 04, 2016

request for proposal:

can someone run off a few thousand "I might have voted" stickers for Chicago?

http://electionlawblog.org/?p=87140 When the demographics are right, vote buying doesn't require proof of how you voted, only that you turned out. There are precincts in Chicago where Trump will get less than 10%; the objective is to maximize turnout in those areas.


N Dakota softening its new voter ID with an affidavit option but implies prosecution of non-residents.
There are some legitimate questions about who is a resident, when they live in  a tipi and expect to leave when the protest is over, but for now they reside there.

Monday, October 03, 2016


One of the latest stories going around about supoosed voter fraud is this case. I did just a bare amount of research and it seems to boil down to her voting at a different address than she probably actually lived at, but voted only once per election, so not the kind of voter fraud they are looking for.
A Charlie White kind of story.
Also, it was an inside job. Her mother, Santa Ayala, ran the voter registration office. In such cases voter ID doesn't make a difference. I did not see whther she voted in person or absentee.

Nate Silver shows the likely outcome of the senate races as a 50-50 tie, with a likely but not certain Dem veep. He has NM and PA replacing incumbents with challengers. My question is, why is Dan Coats retiring? There's no scandal, no "spend more time with family." I'm not aware of him having health issues. He doesn't seem that old.
Birch "Evan" Bayh is his likely replacement.


usa v popa, law banned anon ymous annoying phone calls. guy called eric holder a negro, got 9 months, time served, now he has the conviction tossed.
It's a McIntyre case i'd missed for 17 years.

See also United States v. Popa (D.C. Cir. 1999) (defendant’s seven anonymous telephone messages left on United States Attorney’s office telephone, containing racial epithets directed at United States Attorney and complaints about abusive police officers, constituted protected speech directed at public official; statute punishing anonymous telephone calls made with intent to annoy, abuse, threaten or harass held unconstitutional as applied to defendant, requiring reversal of conviction) - Eugene Volokh.

Also two cases on the right of anonymous speech for sex offenders, one in GA, White v. Baker, 696 F. Supp. 2d 1289, 1313 (N.D. Ga. 2010) (holding that enforcement of a registration requirement would irreparably harm a registered sex offender “by chilling his First Amendment right to engage in anonymous free speech”, cited in a new Florida case. Florida sent Doug Guetzloe to jail for engaging in anonymous speech, and generally doesn't recognize the right, so this is an odd sort of progress.
https://www.washingtonpost.com/news/volokh-conspiracy/wp/2016/09/28/new-endorsement-of-the-right-to-anonymous-speech-in-florida/?utm_term=.175247afe951 David Post blog at Volokh.

Sunday, October 02, 2016


Notorious RBG is putting out a greatest hits album.

Thursday, September 29, 2016


Wednesday, September 28, 2016

https://www.bloomberg.com/view/articles/2016-09-28/cheer-up-history-will-forget-this-dismal-campaign Tyler Cowan.

Silicon Valley tycoons and deep-pocketed donors with connections to the legal medical marijuana industry are among the top financial backers of a pro-pot campaign that has raised almost $17 million. Opponents have raised slightly more than $2 million,

Tuesday, September 27, 2016


I have misplaced my copy of this useful and expensive book, so this is a note to myself to get another one.

Trump seems to be leading, barely, in Colorado, Florida, Pennsylvania, and Ohio, with Michigan a toss-up. I'm going to go out on a limb and make a tentative prediction: The GOP will hold the senate and the house. A couple months ago Trump looked so far behind that there were legitimate worries he'd drag down the senate as well in a Mondale-scale blowout. But now it's relatively neck and neck.
 I think Clinton, like Obama, has a much better ground game. But it's possible that people are underreporting their support for Trump, the old Nixon silent majority bit. So the election remains too close to call. I certainly do expect the GOP to lose seats in the senate, starting with Indiana.

FiveThirtyEight's forecast pegs Trump's chance of winning at 51.9 percent to Clinton's 48.1 percent. That's a pre-debate number, but I don't think the debate changed anyone's mind.

I LOVE THAT TRUMP AND HILLARY ARE STANDING IN FRONT OF “That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed, –That whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it, and to institute new Government, laying its foundation on such principles and organizing its powers in such form, as to them shall seem most likely to effect their Safety and Happiness.”
Is it time yet?
Posted at 9:11 pm by Glenn Reynolds


Saturday, September 24, 2016


"Who's behind group police say submitted fraudulent voter registration forms?"

Disclosure: i received $400 today indirectly from this group. one of my roommates is working for them and paid some of his back rent.


"Who's behind group police say submitted fraudulent voter registration forms?"

Disclosure: i received $400 today indirectly from this group. one of my roommates is working for them and paid some of his back rent.


Friday, September 23, 2016



Oral argument in Lee v. VA 


District Court Documents

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