Sunday, July 12, 2015

North Carolina bill Voter Information Verification Act 589

Voter Information Verification Act (click here) 

The election of 2014 was the last election before this law will be instituted. The Act 589 bounces between it's own words and that of G.S. 163-166.9. So here is G.S. 163-166.9. 

§ 163-166.9.  (Effective until January 1, 2016) (click here) Curbside voting.

In any election or referendum, if any qualified voter is able to travel to the voting place, but because of age or physical disability and physical barriers encountered at the voting place is unable to enter the voting enclosure to vote in person without physical assistance, that voter shall be allowed to vote either in the vehicle conveying that voter or in the immediate proximity of the voting place. The State Board of Elections shall promulgate rules for the administration of this section. (2001-460, s. 3.)...

Okay, the bill's length is very lengthy. That is status quo for Republican oppression. The legislation is meant to fatigue it's reader. Unless of course it is an anti-ballistic treaty with Russia, then it is exceptionally short so "W" could understand it.

(b)        Any qualified voter voting under this section shall comply with G.S. 163-166.13(a) by one of the following means:
(1)        Presenting photo identification in accordance with G.S. 163-166.13.
(2)        Presenting a copy of a document listed in G.S. 163-166.12(a)(2).
(c)        The State Board of Elections shall adopt rules for the administration of this section.  (2001-460, s. 3; 2013-381, s. 2.6.) 

§ 163-166.12.  Requirements for certain voters who registerby mail. (click here)

(a)        Voting in Person. - An individual who has registered to vote by mail on or after January 1, 2003, and has not previously voted in an election that includes a ballot item for federal office in North Carolina, shall present to a local election official at a voting place before voting there one of the following:
(1)        A current and valid photo identification.
(2)        A copy of one of the following documents that shows the name and address of the voter: a current utility bill, bank statement, government check, paycheck, or other government document. (birth certificate) 

This form of ID is to facilitate voter registration without added cost to the person to register. These IDs are used by many government activities as a proof of residence.

The thing about voting rights is also the recognition the government still does not guarantee every citizen can write or read. Some citizens in the USA still sign with an "X." That is a failure of the function of governing. This graph is from 2003.

The understanding of EMPOWERING citizens with a low education component in their life, is to remove hurdles. Why? Because the simplest of hurdles prevent those people from voting to ENACT CHANGE. How are the illiterate going to become literate if they can't elect people that will dedicate the government to improve their lives.

There is also the reality that some citizens are under achievers. There will always be a percentage of the country that are unable to over come barriers to what the country would consider 'ordinary' challenges. It is their reality and when there is empowerment needed at that achievement level it is important they are still able to participate in voting. They can be considered disabled and there should be people at the polls that can read the ballot to them and provide instruction in how to vote.

That is just the USA. We recognize those among us that can't surmount social demands. It is a part of quality of life to allow for handicaps of all kinds to exist among normal activity.

Another handicap that is grossly overlooked in the new Voter ID laws is the ability to be mobile. Our society is highly mobile. To accommodate this handicap there have been voting by church members on Sunday because they are at church because of 'the bus.' That bus, in turn, can transport citizens to polling places. This is an effort by private interests, basically churches, to bring about greater citizen involvement.

That is what is so audaciously cruel about these voter ID laws. The obstruction to voting is enforced to church going populations when the legislators boasts of being devoted to God. Excuse me?

Basically, the responsibility of governance is to overcome any and all obstacles to all citizens to assert their rights as a citizen. Limiting the days to vote and the lack of access via transportation to vote guarantees infractions in citizen rights.

(b)        Voting Mail-In Absentee. - An individual who has registered to vote by mail on or after January 1, 2003, and has not previously voted in an election that includes a ballot item for federal office in North Carolina, in order to cast a mail-in absentee vote, shall submit with the mailed-in absentee ballot one of the following: 

The elderly are chronically victimized. They are frequently of diminished health, especially mobility although they have been active voters since they first registered at 18 years old. They can't overcome hurdles to voting alone at the very time when Republicans are attacking SSI and Medicare. No voter that has an active interest in the issues of the day should be prevented from voting, while, excluding them is to be understood the USA is compassionate and would never hurt them. Excuse me? The elderly are to TRUST their children and grandchildren to protect them by casting THEIR votes. I don't think so. Every citizen has the right to assert THE RIGHT TO VOTE to protect THEIR OWN best interests. 

(b1)      Notation of Identification Proof. - The county board of elections shall note the type of identification proof submitted by the voter under the provisions of subsection (a) or (b) of this section and may dispose of the tendered copy of identification proof as soon as the type of proof is noted in the voter registration records. 

This aspect of the law in North Carolina is being completely eliminated. Now, let's get this part correct.

The voter now has to supply a photo ID. The burden to establish the right to vote now falls up on the voter. Voters have to spend monies to obtain a photo ID. In the past as this provision demonstrates, THE BURDEN of proof of voting rights is on the government. It is the way it should be. The voter is not a consumer of services on voting day. A voter is a vital part of the voting and it is the government that is suppose to shoulder the burden.

A photo ID is a burden even when the state supplies that free of change. What is the burden? Getting to the DMV to have the photo ID established. ALSO, the requirement demands the Voter ID to be current. So, let's say a senior member of a community has moved to a different living facility with structure that supports their age and the disability of age. Now, for this person to vote he or she has to sustain that expense of traveling to the DMV all over again.

Sure, sure people are always willing to help, but, the elderly aren't really up to all this mess, now are they?  Not only that, but, a person should not HAVE TO ACCEPT charity in order to vote. A Sunday Church Bus is not a luxury. A Sunday Church Bus is vital to many citizens to get to church and requires money be spent on the bus to purchase and maintain. Across the south there are many buses moving through the streets with this understanding alone. The church bus is not charity, it is a service paid for by donations of citizens to their church for the exact purpose of bringing their members to worship.

Additionally, the elderly wants to enjoy 'the moment' in life. It is their right to have quality of life on their terms. What is the likelihood of an 83 year old to have their birth certificate? Some, in 2015, are still recorded in a Bible. Demanding a certain type of documentation of another government function is simply doubling down on obstruction. Obtaining a birth certificate carries many burdens, ask President Obama.

A utility bill is current and easy to obtain. A paper copy can come in the mail. What is wrong with that as proof of residence?

There are laws to enforce if someone commits fraud. There has never been an instance of fraud in the USA that have changed the outcome to the election and that is THE KEY understanding of the importance of proof of residence. The ONLY instance where fraud has changed the election is 2000. An entire district in Florida was expunged from the voter rolls. That fraud was committed by the state government.

So, the individual carries brevity and the government should not obstruct any access to voting. The government is REQUIRED by the US Constitution to value the expression of preference in living by citizens in casting a vote. It is the government that should be shouldering this burden and NOT the citizen. The proof to voting is never the responsibility of the voter, it is the government and the redundancy of requiring government documentation to register is obstruction. Just that simple. 

(b2)   Voting When Identification Numbers Do Not Match. - Regardless of whether an individual has registered by mail or by another method, if the individual has provided with the registration form a drivers license number or last four digits of a Social Security number but the computer validation of the number as required by G.S. 163-82.12 did not result in a match, and the number has not been otherwise validated by the board of elections... 

Do utility bills have numbers? Do they have account numbers? Oh.

August 19, 2013 
Since the Supreme Court's 5-4 decision in Shelby County v. Holder (click here) in June, conservative governments in the South and elsewhere have raced to introduce new voting restrictions. Most prominent in the attacks is the comprehensive vote-restriction law passed by the Republican majority in the North Carolina legislature. The law cuts back early voting, restricts private groups from conducting voter-registration drives, eliminates election-day voter registration, and imposes the strictest voter ID rules in the country. There is evidence that Republican legislatures elsewhere will follow North Carolina's lead. 

Neither the American people nor the federal courts would tolerate restrictions of this sort if they were imposed on free speech, free assembly, freedom of religion, or freedom to petition government for redress of grievances. For that matter, many Southern states--and probably a majority of the Supreme Court--would reject far less onerous restrictions on the right to "keep and bear arms." Yet each of those rights is mentioned only once in the Constitution. The "right to vote" is mentioned five times--and yet the Court has brushed it aside as a privilege that states may observe at their convenience. Even an overwhelming majority of Congress--which is given the power 

This is a voter registration card. The voter registration card number in this example is 13060.

This voter registration card is legal tender. It can be presented for voting. It was printed because the voter presented proof of residence. This is not valid at the voting booth? What? If a voter has been expunged and has a voter registration card that places them within their rights, a provision ballot should immediately available to vote.

(c) The Right to Vote Provisionally. - If an individual is required under subsection (a), (b), or (b2) of this section to present identification in order to vote, but that individual does not present the required identification, that individual may vote a provisional official ballot....

It is the burden of the government to provide the RIGHT to vote.

This is Rep. Gohmert. He loves appearing on camera via C-Span. He is the one US Representative with a record number of appearances on the House floor. He is from District 1 of Texas. Rep. Gohmert was elected because of gerrymandering. Does District 1 have more than one polling district? Of course, it does.

From Wikipedia:

The 2012 redistricting process changed the district's northern section. All of Marion County, Cass County, and the majority of Upshur County were removed from the district. To compensate this loss, the eastern half of Wood County was added.

The point is a Voter Registration is vital to the voter because it states which district to vote and where to vote within that district. It is important. Yet, a voter registration is not legal tender to the new Voter ID laws. Does a Photo ID by the DMV show voter information? No. What would happen if the Voter Registration Card were eliminated as legal tender and only Photo ID were allowed? What information is lost to the voter on the day of voting?

This entire movement of requiring Photo ID is littered with gross injustice.

In North Carolina your driver's license (click here) is valid for a certain amount of years depending on your age, if you are between the ages of 18-53 your driver's license is valid for 8 years. However if you are 54 years of age or older, your driver's license is only valid for 5 years. Driving without a valid driver's license is illegal, so make sure you are aware of when you will need to replace your North Carolina driver's license.

Does a voter have the same physical appearance in eight years? Let's say a voter in his second year of his valid driver's license has lap band surgery. He/she has lost over one hundred pounds over the next year. Does his/her driver's license picture reflect an accurate ID? No. 

I was traveling by jet. I always used by Passport for positive ID for ticketing and boarding. In the last year of the passport the TSA agent looked at the passport picture and then at me and stated, "This doesn't look like you." I never thought about it once and neither did the TSA agents until that very moment. 

Now, you tell me, will a voter look the same in it's eight year as it did when it was issued? Why do Voter Registration cards eliminate pictures? 

This is the e-page of instructions to renew a North Carolina driver's license; below. It is complicated and time consuming and older citizens have to demonstration their abilities to operate a vehicle safely otherwise their license is not renewed.

Before (click here) your license expires, the DMV will mail you a reminder card explaining the number of years it will be valid. The reminder card is not required in order to renew and you may renew up to 6 months prior to expiration

Interesting. A reminder card is not required to renew. Yet, a photo ID issued by the state is required to vote. What is interesting? THE STATE RECOGNIZES the fact people don't always keep important documents and SEEKS TO REMOVE a hurdle to renewal of the driver's license. THE STATE understands the citizen is not prefect. That is what is interesting in that statement.

(4)   An individual who is entitled to vote otherwise than in person under section 3(b)(2)(B)(ii) of the Voting Accessibility for theElderly and Handicapped Act. (click here)

North Carolina recognizes there are hurdles to achieving voting rights. What is the problem in enforcing the demands for increased voting days? What is the problem in validating a voter registration when agencies, some private, are recognized as having the ability to serve the elderly or handicapped voter? There is a state law that PROHIBITS discrimination by mental or physical status. The NC law that prohibits voting except with NC Photo ID is unconstitutional by the US Constitution, federal handicap laws AND North Carolina State Laws. 

I haven't check to see if the new bill removes these protections, but, even if it does, it is federally unconstitutional. The cases to the Supreme Court is about the legislation of photo ID. These litigation do not address the actual ID and the difficulty in providing VALID IDs without burden to the citizen.  

This is the new law. 

(2) For a registered voter who has a sincerely held religious objection to being photographed and has filed a declaration in accordance with G.S. 163 - 82.7A at least 25 days before the election in which that voter is voting in person, that voter shall not be required to provide photo identification

This would allow people that do not have birth certificates for find them a burden can provide the bible as proof of citizenship. The photocopy should not be necessary. A swearing before the registering person should be enough. A photocopy is a burden. 

This section of the law is ambivalent because of the wording, "25 days before the election in which that voter is voting in person," that raise a question as to the need to subject the voter to a repeat of this registration before each election.

(3) For a registered voter who is a victim of a natural disaster occurring within 60 days before election day... 

This entire provision about natural disasters is burdensome. It adds the idea of a special filing to voting. PROVISIONAL ballots already cover this.

(d) The local election official to whom the photo identification is presented shall determine if the photo identification bears any reasonable resemblance  to the voter presenting the photo identification. If it is determined that the photo identification does not bear any

This is the new law and requires the clerk at the polling place to determine correct ID before voting. That is unconstitutional and highly flawed. It is an enormous burden to the citizen.

(e) As used in this section, "photo identification" means any one of the following that contains a photograph of the registered voter. In addition, the photo identification shall have printed expiration date and shall be unexpired provided that any voter having attained the age of 70 years at the time of presentation at the voting place shall be permitted to present an expired form of any of the following that was unexpired on the voter's 70th birthday....

Section 2.1 (e) through , including (1) through (8), above is unconstitutional by federal and state law. The citizen has to keep their unexpired ID in order to vote after the age of 70. We already know North Carolina recognizes the citizen is not perfect, there is provisions for the handicapped and elderly. The laws regarding the elderly isn't defined by age 70 in this section. The laws are contradictory. There continues the issue of RECOGNITION by photo of the voter at the time of voting. It is all highly flawed and contradicts existing laws invoking age discrimination. Who is to say the citizen at 70 is anymore elderly with depleted ability than the citizen at 55 or 60 or 65? This age 70 is completely arbitrary and provides no validation in other state or federal law.

"§ 163-166.14. Evaluation of determination of nonreasonable resemblance of photo identification

Photo identification is an invalid form of ID to the RIGHT of voting. This entire section is unconstitutional and provides an obstruction to the rights of citizens in voting, as in all the previous statements of this entry. 

This section discusses 'judges of election.' HUH?

(f) Any local or State employee appointed to serve as a judge of election may hold that office in addition to the number permitted by G.S.128-1.1

The judges of election are not elected to the post. There are political discriminations in allowing ANY employee the authority over the vote. Employees in North Carolina can be very dependent on political standing. I don't feel comfortable with any of this. It states it favors the voter if the judges of elections are not unanimous in their DISCERNING the validity of the photo in the photo ID. It is all nonsense. There is huge human error throughout this process. The idea any person has to be scrutinized at the time they vote will prevent some voters from participating. Those that perceive racial discrimination and possible backlash will not go to the polls. People are not to be judged on polling day(s). That is up to the scrutiny of the efficacy of the balloting and potential fraud. 

Absolutely not!

Do we know racism exists in the USA? Damn right we do. 

This provision even provides for a CHIEF judge. So, there are varying degrees of authority within this process. 

Absolutely not!

(1) On election day, the chief judge and judges of election as appointed under Article 5 of this Chapter

The legislation even recognizes it's own corruption.

If the state demands the state is above scrutiny, the very best example is "Bush v. Gore." Wouldn't it have been great to even eliminate the Supreme Court to elect the POTUS. That would be really great, won't it?

The bill as I move through it provides more and more burden to the voter. Now there is a provision for a voter that refuses a photo due to religious purposes have to execute a declaration before an election official. 

This bill never ends to it's demands and burdens to the voter. It is unconstitutional in many ways on both the state and federal level. The Secretary of State holds enormous discretion over elections.

Absolutely not.