Why Speaker Johnson Wants a Fake Law

House Speaker Mike Johnson admits he doesn’t KNOW that there is a problem with non-citizens voting but he wants a law banning them from doing it.  “We all know, intuitively, that a lot of illegals are voting in federal elections. But it’s not been something that is easily provable. We don’t have that number. This legislation will allow us to do exactly that — it will prevent that from happening. And if someone tries to do it, it will now be unlawful within the states,” he said.

Intuition?

Wouldn’t you think that the Speaker of the U.S. House of Representatives would know this country has had a law since 1996 that bars non-citizens from voting in federal elections?

Johnson started talking about the potential law after a recent visit to Mar-a-Lago, whose resident golf course champion told Iowans heading to their caucuses in January that immigrants are Democratic political tools:

“That’s why they are allowing these people to come in — people that don’t speak our language — they are signing them up to vote.  And I believe that’s why you are having millions of people pour into our country and it could very well affect the next election. That’s why they are doing it.”

—-Which is a load of equine byproduct.

Rebecca Beitsch and Rafael Bernal, writing for The Hill political newsletter in Washington, talked to people who easily refute Speaker Johnson’s claim that “it’s not something that is easily provable. We don’t have the numbers.”  Johnson could have talked to the same people, but who needs facts when your politically-shaped intuition can be used to malign a big segment of our population and the opposing party as well?

The Hill reporters went to Senior Counsel Eliza Sweren-Becker with the Brennan Center for Justice’s Voting Rights & Elections Program. “We actually do have the numbers, and we know that noncitizens don’t vote illegally in detectable numbers, let alone in large numbers,” she told them.  The Center has data from 42 jurisdictions. The study showed only 30 SUSPECTED BUT NOT CONFIRMED noncitizen votes in the 2016 General Election. There were 23.5 million votes cast in those jurisdictions, 0.0001 (one ten-thousandth) of a percent of the votes cast.

There are those who will dismiss these findings because they come from a center named for Supreme Court Associate Justice William Brennan, considered part of the court’s liberal wing during his 34 years on the court.

So they asked one of the experts at the Libertarian Cato Institute, who called Johnson’s intuition one of the “most frequent and less serious criticisms” about migration.

President Janet Murguia of UnidosUS, the biggest Latino civil rights organization in the United States, says Johnson’s intuition “doesn’t count for anything—doesn’t mean a lick” because Johnson admittedly has no proof.

“Many of our organizations have scoured for any signs of voting that has been irregular or done by folks who are not qualified. There just hasn’t been any evidence. So he can have intuition all he wants, but that does not mean it’s true. It does not mean there is evidence, and it does not mean it’s factual.”  She challenged Johnson and his friends to produce specifics and data.

The Chair of the Congressional Hispanic Caucus, Nanette Diaz Barragan accuses Johnson of finding “another way…to appease the crazies on the right because he’s on the chopping block right now and he’s got to do something to feed them some red bait.”

Johnson’s proposed law would force voters to show they are citizens of the United States to get a ballot. One of the drafters of the questionably-necessary bill, Texas Congressman Chip Roy, maintains, “the most fundamental thing you can do to destroy the rule of law and to destroy our republic is to undermine faith in our elections.” He says a system to guarantee that only citizens vote in federal elections is needed despite the 1996 law doing exactly that.

Documents such as birth certificates, passports, or naturalization papers would fill that bill, but the Brennan Center has found 5-7% of Americans—millions of people—do not have what Sweren-Becker calls “the most common types of documents used to prove citizenship.”

Murguia says conservative organizations have been looking into this issue for sometime, especially voting by undocumented people, and, “they just can’t report any great number, if any at all.”

The conservative Heritage Foundation has numbers Johnson could have gathered if he wasn’t so busy listening to his intuition. The Foundation’s records dating back about forty years show only about fifty cases of voting by noncitizens, which includes visa holders or legal permanent residents, not just people here illegally.

Politifact, a political fact-checking site run by the Poynter Institute, a journalism research organization, got no response from the Trump campaign when it asked the campaign to justify his Iowa claim about Democrats loading the voter rolls with illegal immigrants.

But it, too, has numbers that Johnson doesn’t seem to think exist as well as some examples where authorities actually recruited noncitizens to register to vote. In Colorado, for instance, the Secretary of State before than 2022 midterm elections, sent postcards to about 30,000 drivers license holders encouraging them to register before learning they were non-citizens. He had to send an “oops” postcard to all of them and then worked with county clerks to make sure nobody in that group did try to register.

South Carolina federal prosecutors in 2020 charged 19 people with casting ballots they were not entitled to cast in the 2016 election.  Three cases were dismissed and sixteen people pleaded guilty.  Sixteen people out of more than 4.5 million who voted legally.

And in Georgia, one of the ex-president’s least-favorite people, Secretary of State Brad Raffensperger said two years ago that investigators had found all of 1,634 non-citizens had tried to register to vote during the last TWENTY-FIVE YEARS.

The Hill notes that then-Governor Rick Scott of Florida announced before the 2014 midterms that 180,000 foreign nationals were going to be purged from the voter rolls. That number was reduced to only 2,600. Then it was cut to 198.  Finally, only 85 names were eliminated. And how many prosecutions were there?   One.

One, out of the 180,000 that Scott claimed were problems. That person was Josef Sever, who faced as much as five years in prison for falsely claiming to be a citizen, or as much as one year if he cast a ballot. Convictions also can result in deportation and might preclude any later opportunities for citizenship. Sever got five months in prison, a light sentence because the judge knew Sever was going to be deported.

Forget facts.  Forget that there really are numbers that Johnson claims don’t exist. Forget that we’ve had a federal law on this subject for 38 years. Forget that we heard this one-note song from our former President and his cronies eight years ago when he claimed he would have won the popular vote were it not for three-million votes cast by illegal immigrants (not one of which apparently voted for him).

It was a bogus claim then. It’s a bogus piece of intuition now. But Johnson and other Trump sycophants are going to beat this dead horse as much as they can because our former president wants them to do it.

When Johnson and others start spouting about the need to protect voting integrity, an important question to ask is, “from whom?”

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