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Next entry: Lessons Learned Previous entry: McCain’s New Plan: Describing Having Plans

Smellin’ Like A Felon

imageI swear to God, whoever taught Glenn Reynolds words beyond “heh” and “indeed” should be tried for crimes against those of us with functional brains.

BUT VOTER FRAUD IS A MYTH: A newspaper investigation finds more than 30,000 felons who should have been stripped of their right to vote are still registered in Florida.

The link shows that felons are simply still registered from prior, legal, non-fraudulent registration - not that they registered against state law after they were freed or that anyone submitted false registrations on their behalf.  The Perfesser has done the voter fraud myth one better: he’s managed to convert a bureaucratic error in which no fraudulent activity has taken place into an act of fraud.  Fraud no longer requires the act of one person or group intended to deceive another, it simply requires a record keeper to not keep up with records.  Meaning, of course, that you’re committing fraud when your change of address form isn’t processed by the DMV or when a bank mistakenly places a deposit in your account.

How Glenn Reynolds eats without stabbing himself in the eye with a fork, I do not know.  My guess is either he uses those nice soft plastic forks with barnyard animals on the end, or his diet is restricted to finger foods and chewable vitamins. 

 

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Posted by Jesse Taylor on 02:28 PM • (32) Comments

“How Glenn Reynolds eats without stabbing himself in the eye with a fork, I do not know.  My guess is either he uses those nice soft plastic forks with barnyard animals on the end, or his diet is restricted to finger foods and chewable vitamins. “

I was going suggest spoons, and then I realized he’d probably scoop out an eyeball…

Comment #1: MikeEss  on  10/13  at  03:36 PM

Glenn Reynolds plugged himself into a wall socket, like any good cyborg.

Of course, the current fries his still-human brain, but who cares? CYBORG REPUBLICAN CARES NOT FOR BIOLOGICAL BRAINSTUFFS

Comment #2: Scott  on  10/13  at  03:46 PM

And of course this misses the point by a mile.  There’s no reason for (most*) felons to be disenfranchised in the first place.  It’s time to abolish this despicable law.

*I’ll make an exception for those convicted of tampering with elections or for treason, spying for a foreign power, or similar betrayal of country.

Comment #3: libdevil  on  10/13  at  03:49 PM

Florida is the model for fucked-uppedness when it comes to felon voting, and this is just the latest example.

Comment #4: Incertus, Nacho Daddy  on  10/13  at  03:55 PM

...felons can vote in Florida.  They just have to have their rights restored first, which is neither a terribly long nor arduous process from what I understand.

Comment #5: preying mantis  on  10/13  at  03:58 PM

I mean, obviously the guys still in prison aren’t eligible to vote and should have been purged from the lists until such time as they are released and petition to have their rights restored, but somebody just having a felony conviction doesn’t mean much until you’ve verified that they haven’t gone through that process.

Comment #6: preying mantis  on  10/13  at  04:10 PM

...felons can vote in Florida.  They just have to have their rights restored first, which is neither a terribly long nor arduous process from what I understand.

You understand incorrectly. It’s easier now than it was under Jeb!, but it’s still a pain, and the board that oversees the system is not only overwhelmed, they’re not particularly interested in moving quickly, seeing as most of the people they’d be restoring will likely vote against their boss.

Comment #7: Incertus, Nacho Daddy  on  10/13  at  04:20 PM

the guys still in prison aren’t eligible to vote and should have been purged from the lists until such time as they are released

Seems superfluous. They have access to ballot boxes in prison?

Comment #8: sunsin  on  10/13  at  04:53 PM

The Florida Constitution provides:

No person convicted of a felony . . . shall be qualified to vote . . . until restoration of civil rights . . .

Voters who represent themselves as qualified to vote by the act voting, knowing that their civil rights have not been restored, commit fraud.  That’s why Professor Reynolds referred to it as “voter fraud” rather than “voter registration fraud.”  That the government may have negligently failed to purge the registration is irrelevant to the fraudulent intent.  Your bank may mistakenly credit your account with $1 million, but if you withdraw it knowing it’s not yours you’ve committed a punishable offense.  Voters who try to exercise a right they know is not theirs commit fraud.

Comment #9: Henrietta G. Tavish  on  10/13  at  05:36 PM

Voters who represent themselves as qualified to vote by the act voting, knowing that their civil rights have not been restored, commit fraud.

You may want to reread the linked article.  Heck, reread Jesse’s post—these are pre-existing registrations from before these people were convicted felons.  There is no evidence that they’ve tried to illegally vote, just evidence that the state didn’t bother to remove them from the voter rolls after their convictions.  If you have evidence that people who weren’t dropped from the rolls voted anyway, please present it.

Comment #10: Mnemosyne  on  10/13  at  06:05 PM

If you have evidence that people who weren’t dropped from the rolls voted anyway, please present it.

As you said, “you may want to reread the linked article”:

The Sun Sentinel discovered that at least 4,900 felons turned out in past elections.

The Professor’s concern about voter fraud is that they may do it again, taking advantage of those unpurged, prexisting registrations.

Comment #11: Henrietta G. Tavish  on  10/13  at  06:11 PM

Mnem:

If you have evidence that people who weren’t dropped from the rolls voted anyway, please present it.

You might want to re-phrase that request, considering that the GOP has officially re-defined the word “evidence” to mean “some shit I just made up.”

Comment #12: Dan, Grand High Emperor of Bananas Foster  on  10/13  at  06:13 PM

Three weeks ago, my biggest paranoiac election-related indulgence was the fear there might be an assassination attempt on Obama (yeah, I drank the Kool-aid).  Now it’s that the election will be rigged for the GOP—and the more frantic they get as Obama’s lead grows, the more I indulge.

Comment #13: Ranylt  on  10/13  at  06:19 PM

Henrietta:

The Sun Sentinel discovered that at least 4,900 felons turned out in past elections. The Professor’s concern about voter fraud is that they may do it again, taking advantage of those unpurged, prexisting registrations.

Did the Sun Sentinel also discover that these felons knowingly and intentionally turned out to vote with the express purpose of voting fraudulently? Did the “Professor”? Because if not, this is all just a bunch of bullshit.

This is exactly Jesse’s point. Bureaucratic oversight isn’t fraud. Implying otherwise is extremely dishonest.

Comment #14: Dan, Grand High Emperor of Bananas Foster  on  10/13  at  06:23 PM

Henrietta, the Sun-Sentinel doesn’t say whether or not it investigated these felons nor if they had gone through the process of reinstating their right to vote.  They’d still be felons, but eligible to vote.

Comment #15: Caren-Sun-blocking Creator of Animorphic Pancakes  on  10/13  at  06:30 PM

Did the Sun Sentinel also discover that these felons knowingly and intentionally turned out to vote with the express purpose of voting fraudulently?

The act of “turning out to vote” implies sufficient mental capacity to (1) remember it’s election day, (2) remember where to go to vote and (3) make a decision of who to vote for.  I would submit that anyone capable of doing that is capable of (1) remembering that they’re a convicted felon who spent at least a year in prison and (2) remembering that they never petitioned to get their civil rights restored.

So yes, released felons who vote always knowing commit fraud.  To imply otherwise is extremely dishonest.

I never said that “bureaucratic oversight” is fraud.  I said the voting by felons is fraud.  If there were more bureaucratic oversight they might be stopped from committing fraud, but, hey, since there isn’t they commit fraud.

It’s certainly shopkeeper oversight to leave the doors open overnight, and coat-check negligence to give away an untagged or mistagged coat to someone who doesn’t own it.  But the shop thief and the coat thief are, to pluralize their conduct, thieves.

But I’m sure you understood all of this after my first post.

Comment #16: Henrietta G. Tavish  on  10/13  at  06:35 PM

Henrietta, in case you didn’t catch it, Der Perfesser accused every felon still on the voter rolls of fraud, which is sort of the problem.  The fraudulent act he alleged was legally registered voters who subsequently commit a felony of de facto voter fraud because they weren’t taken off a list that they have no control over. 

The coat thief is a thief, yes, but the person who still has their coat check ticket isn’t committing fraud because the clerk neglected to take it from them.

Comment #17: Jesse Taylor  on  10/13  at  06:41 PM

So yes, released felons who HAVE NOT RESTORED THEIR RIGHTS BUT STILL vote always knowing commit fraud.  To imply otherwise is extremely dishonest.

How do you know that the 4900 felons had not had their rights restored? DOES the sainted sun-sentinel say?

Comment #18: Well, what?  on  10/13  at  07:17 PM

Uh, prior post should’ve contained a “fixed that for ya.”

Comment #19: Well, what?  on  10/13  at  07:18 PM

So yes, released felons who vote always knowing commit fraud.

Unless, of course, their rights have been restored.  Your evidence that the 4,900 who voted had not had their rights restored is ... where, exactly?

Comment #20: Mnemosyne  on  10/13  at  07:33 PM

Something just occurred to me—if you commit a felony in another state and then move to Florida, are you ineligible to vote in Florida?  I doubt that when you get released from prison they hand you a list of all of the states where you’re no longer eligible to vote just in case you happen to move to one of them.

If someone who was a convicted felon in Pennsylvania moves to Florida and registers to vote, has s/he committed fraud?  After all, ex-felons are allowed to vote in Pennsylvania.

Comment #21: Mnemosyne  on  10/13  at  07:38 PM

The link shows that felons are simply still registered from prior, legal, non-fraudulent registration - not that they registered against state law after they were freed or that anyone submitted false registrations on their behalf.

Actually, upon closer reading, it says no such thing.  It saying NOTHING about whether the people registered before their convictions.  It says NOTHING about whether the registrations were “legal” and “non-fraudulent.”  All it says is that those felons “should have been stripped of their right to vote” and that the Secretary of State “has failed to remove thousands of ineligible felons because of a shortage of workers and so many new voter registrations.”  So for all we know, ACORN may have registered them all in the past week.

Comment #22: Henrietta G. Tavish  on  10/13  at  07:41 PM

“They have access to ballot boxes in prison?”

Folks serving a sentence for a misdemeanor conviction or imprisoned while awaiting trial may be able to vote on absentee ballots.  I vaguely recall a lawsuit pertaining to that, but I don’t remember how (or if) it was decided, so I really don’t have any idea how feasible that’d be.  My guess given Florida’s less-than-sterling record on prisoners’ rights would be that they don’t, but of course “currently incarcerated” does not necessarily translate into “will be incarcerated in November.” Assuming you’re going back to the same address and care to vote, there’d be no impediment to the involuntary casting of a disallowed vote if you were ignorant of the conviction having disenfranchised you and the list was inaccurate.

Comment #23: preying mantis  on  10/13  at  07:50 PM

Henrietta:

The act of “turning out to vote” implies sufficient mental capacity to (1) remember it’s election day, (2) remember where to go to vote and (3) make a decision of who to vote for. I would submit that anyone capable of doing that is capable of (1) remembering that they’re a convicted felon who spent at least a year in prison and (2) remembering that they never petitioned to get their civil rights restored.

So yes, released felons who vote always knowing commit fraud. To imply otherwise is extremely dishonest.

Heh. That’s like saying that the fact that you’re capable of posting on a blog frequented by people who are a hell of a lot smarter than you is proof that you’ve never in your life made an argument that wasn’t logically ironclad. Oh, and then claiming that anyone who says otherwise is a liar.

I never said that “bureaucratic oversight” is fraud. I said the voting by felons is fraud. If there were more bureaucratic oversight they might be stopped from committing fraud, but, hey, since there isn’t they commit fraud.

Your problem is that you’ve made this claim based on absolutely nothing other than your very own personal assumptions. The fact remains that you have provided precisely zero actual, real-world evidence of fraudulent intent on the part of anyone at all. All you’ve done is to declare without substantiation that it’s axiomatically impossible for a felon to vote non-fraudulently.

It says NOTHING about whether the registrations were “legal” and “non-fraudulent.” All it says is that those felons “should have been stripped of their right to vote” and that the Secretary of State “has failed to remove thousands of ineligible felons because of a shortage of workers and so many new voter registrations.” So for all we know, ACORN may have registered them all in the past week.

I wouldn’t be at all surprised if that was the first thing that popped into your mind, good little propagandist that you are. But you’re still left with the problem that filling in a pretty sketchy article with whatever conspiracy theories would be most ideologically useful to you isn’t the same thing as making a sound argument.

See, that’s the problem with sophistry. If the things you say don’t actually make any sense under scrutiny, it doesn’t matter whether or not they look like an argument. But it’s always nice to be reminded that there are people who can’t (or won’t) understand the difference. So thank you for that, at least.

Comment #24: Dan, Grand High Emperor of Bananas Foster  on  10/13  at  08:35 PM

Hands up, everyone who thinks that Florida, a state known for just plain losing track of children in foster care, for purging thousands of people who weren’t felons from its voter rolls, adequately informs every convicted person of their status with respect to voter registration and voting.

Comment #25: paul  on  10/13  at  09:30 PM

ACORN.

Comment #26: KLH  on  10/13  at  10:03 PM

Plus voting rights for felons in Florida have been restored.

http://www.floridacapitalnews.com/apps/pbcs.dll/article?AID=/20081004/CAPITOLNEWS/810040331

Comment #27: Dave the pro  on  10/13  at  10:20 PM

That’s like saying that the fact that you’re capable of posting on a blog frequented by people who are a hell of a lot smarter than you is proof that you’ve never in your life made an argument that wasn’t logically ironclad.

No, it’s like saying that felons know they’re not supposed vote, and so commit fraud when the do.
And next time, try for an analogy that’s somewhat decipherable. 

The fact remains that you have provided precisely zero actual, real-world evidence of fraudulent intent on the part of anyone at all.

No, I’ve presented evidence of thousand of felons voting when they know they’re not eligible.  Dan, trying taking a course at Harvard Law without being admitted, and then trying claiming you didn’t know you were trespassing when security hauls you out of the building.

All you’ve done is to declare without substantiation that it’s axiomatically impossible for a felon to vote non-fraudulently.

Well, actually I’d say it’s “Constitutionally” impossible rather than “axiomatically.”  But very well, Dan—I’ll concede there might be one felon who doesn’t know he’s not supposed to vote.  You live in Florida, right?

I wouldn’t be at all surprised if that was the first thing that popped into your mind, good little propagandist that you are.

You haven’t identified a single inaccuracy in my statement.  And you as you admit the article’s “sketchy”, you’ll have to also admit that Taylor was being the propagandist for saying it said the very things that I point out it did not.  So:

(1) Re-read Professor Reynolds’ post.
(2) Re-read Taylor’s post.
(3) Re-read the article linked by Reynolds and Taylor.
(4) Re-read my posts (carefully, this time).
(5) Repeat (1)-(4)
(6)  You stand corrected!

Comment #28: Henrietta G. Tavish  on  10/13  at  10:22 PM

“Well, actually I’d say it’s “Constitutionally” impossible rather than “axiomatically.””

...so felons who’ve gone through the legal process to become re-enfranchised are casting constitutionally-invalid votes?  Do the many, many states which allow this know?

Comment #29: preying mantis  on  10/13  at  11:13 PM

Henrietta, unless we presume that “should have been stripped” means “were stripped, then given”, the plain meaning is “were registered and should have had it taken away”.  If the story were about the state signing up felons to vote, I’m sure somewhere in the story, it would have said that.  Unfortunately, it didn’t, and like you’ve been doing all day, you randomly decided that the bits and pieces of the story that you want to have been written are the only parts, and the rest is just meaningless verbiage. 

Unfortunately, adult reading requires more than that.  Give it a try.

Comment #30: Jesse Taylor  on  10/14  at  12:05 AM

And next time, try for an analogy that’s somewhat decipherable.

Admitting that you’re too stupid to read or think well enough to parse an analogy that wasn’t particularly complicated really isn’t the best way to convince anyone that you have the slightest clue how to conduct a sound argument.

The fact remains that you have provided precisely zero actual, real-world evidence of fraudulent intent on the part of anyone at all.

No, I’ve presented evidence of thousand of felons voting when they know they’re not eligible.

Really? Where did you do that? All I saw was you asserting that they knew they weren’t eligible, based on nothing more than your own self-serving assumptions.

I’m beginning to think that you don’t know what the word “evidence” means.

All you’ve done is to declare without substantiation that it’s axiomatically impossible for a felon to vote non-fraudulently.

Well, actually I’d say it’s “Constitutionally” impossible rather than “axiomatically.” But very well, Dan—I’ll concede there might be one felon who doesn’t know he’s not supposed to vote.

Well, now that you’ve admitted that your assertions are completely unfounded, you can split all the semantic hairs you want.

See, that’s the problem with just making shit up as you go along. Inevitably, someone will ask you to connect your spit-flecked maunderings to reality, and then what are you going to do? Your narcissism won’t allow you to admit that you’ve just been bullshitting the whole time, so your only choice is to just keep on bullshitting.

I wouldn’t be at all surprised if that was the first thing that popped into your mind, good little propagandist that you are.

You haven’t identified a single inaccuracy in my statement.

Well, other than the fact that it’s all made right the fuck up, no there aren’t any inaccuracies.

Isn’t that how sophistry is supposed to work? Or are you admitting that you can’t even do that right?

And you as you admit the article’s “sketchy”, you’ll have to also admit that Taylor was being the propagandist for saying it said the very things that I point out it did not.

In light of the argument you’re attempting to make, that’s probably the single most hypocritical thing you could have possibly said.

So:

(1) Re-read Professor Reynolds’ post.
(2) Re-read Taylor’s post.
(3) Re-read the article linked by Reynolds and Taylor.
(4) Re-read my posts (carefully, this time).
(5) Repeat (1)-(4)
(6) You stand corrected!

You know, you could have dispensed with that entire preening, masturbatory post and just written “heads I win, tails you lose” over and over and over again. Because given the evidence you’ve presented, it’s not clear that you’re capable of any more intellectual sophistication than that.

You can always tell the ones who confuse confidence and competence by the way they jump up and down and declare victory no matter what anyone says to them.

Comment #31: Dan, Grand High Emperor of Bananas Foster  on  10/14  at  12:56 AM

Let’s not forget the original purpose of the felony voter rules, hmmm?

[I]t is no coincidence that the War On Drugs heated up after the civil rights movement achieved a set of huge victories that gave this country a moment of hope for something like racial equality. Now we have a country where 1 in 15 black people are currently in jail.

Amanda Marcotte, “The brainless, pointless War On Drugs”, March 6, 2008

One should also remember that a real wave of felony disenfranchisement laws gained steam at around this time.  As the law in the USA currently stands::
* only two US states have no laws on voting by felons;
* only inmates convicted of a felony are barred from voting (with their right to vote restored upon release from prison) in 13 states;
* felons (in prison and on parole) are barred from voting but can vote upon completion of parole in 5 states;
* inmates, parolees, and probationers are barred (and so can vote only upon completion of all supervised release) in 20 states;
* inmates, parolees, probationers, and ex-felons are completely barred from voting (restoration of voting varies by state) in 10 states.

Given that Blacks are grossly disproportionately represented in the American prison population it should come as no surprise that every single state of the former Confederacy is found in the two categories with the toughest restrictions, as are three states which were Confederate Territories in whole or in part, as are three states that remained in the Union but had majority-Reb populations, and “bleeding Kansas”, which is currently aggressively pro-GOP.  (Further, many of the felony disenfranchisement laws in the Old South started during Reconstruction as the former Confederate states cast about for ways to prevent their’n newly free and unacceptably uppity niggers from votin’.)

Don’t forget that these lists don’t have to be accurate to stop a person from voting.  By way of example: many, many people in Florida (mostly Black) in the notorious 2000 presidential election found themselves unable to vote because of being erroneously listed as having felony convictions, and could not get their right to vote restored in time or at all.  (It was, I’m sure that we all agree, just a coincidence that the list was provided by a Texas GOP firm to a state with a GOP governor, a GOP legislature and a GOP Secretary of State - Katherine Harris - who was disgustingly overt about her efforts to stop people from voting Democrat.  And most Blacks vote Democrat.  Just a coincidence.)

People who moan endlessly about false or allegedly false registrations are often to usually to always dead set against having an effective voter registration system which operates outside private intervention and partisan interference.  They can whine all they want about the integrity of the system but what they are really making a case for is maintaining a flawed, prejudiced, ineffective, partisan and often rigged system.

Comment #32: seeker6079  on  10/14  at  10:53 AM
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