Is the Daily Kos' Marko Moulitsas encouraging voter fraud?

by John Bambenek

Yesterday, I filed a complaint with the Michigan Attorney General against Daily Kos' blogger Markos Moulitsas, requesting an investigation into whether Moulitsas is encouraging voter fraud in next week's Michigan GOP primary.

The idea of the freedom to vote is part of the bedrock foundation of this nation.  Vote fraud is not a new concept; likely it reaches back even to the time of the founders.  However, once vote fraud is discovered, it should be prosecuted aggressively like all flagrant violations of the law. Daily Kos' call, under the direction of Markos Moulitsas himself, for a conspiracy to commit massive vote fraud during the Michigan primaries may be one of those serious attempts to circumvent election law.

In Daily Kos' January 10 posting entitled "Let's have fun in Michigan," Moulitsas called on Democrats to cross party lines and vote in the Republican primary for the express purpose of helping Mitt Romney win.  Romney, he says, will be a "weak" opponent for the Democrats in November.  Daily Kos makes no attempt to hide the fact they are influencing Republican primaries as Democrats to benefit Democrats. 

Moulitsas' call could be felonious. Michigan state law clearly indicates that unqualified electors voting in elections is a felony.  It also specifies that counseling or aiding someone to vote in an election they are unqualified for is also a felony.  Election law clearly specifies that to vote in a party's primary, one must actually belong to that party. 

Compromising the power of the vote in this country is a direct attack on the very foundation of our freedom. While much can be said about the closed primary system of which I am no fan, it is the law of the land and undermining that system for partisan gain is an invidious attempt to disenfranchise voters, and simply cannot be allowed to stand.

The parties do have free association rights which allow them the constitutional right to declare who are and are not members and, by extension, those who cannot interfere in the workings of that political organization.  Republicans alone should choose Republican candidates.  Democrats alone should choose Democrat candidates.  The same goes for third parties.

Markos, posting under his own name, may have engaged in a conspiracy to commit vote fraud by counseling Democrats to vote in the Republican primary for Mitt Romney.  The motto for this campaign is "Democrats for Romney: Because the Republicans Deserve the Very Worst." 

That motto says something about those who claim to love America as they so frequently display their hatred for other Americans. More importantly, it advertises the fact that Democrats -- who have no intention of changing parties -- may attempt to interfere with the Republican Party's internal workings. 

While appearing to encourage vote fraud, the Daily Kos may also be encouraging an attempt to subvert Republicans' constitutional right of free association and, at the same time, could be perpetuating a conspiracy to disenfranchise Republican voters and dilute their votes.

Vote fraud happens, and living in Illinois, I am no stranger to it.  Make no mistake, the Daily Kos' posting could be a direct attack on the democratic elements of our Republic, which is exactly why I have filed a criminal complaint in the matter. 

Such public and flagrant disregard for not only Michigan's election laws, but the rights of fellow citizens cannot be overlooked or tolerated.  Doing so will simply encourages a state of lawlessness in our election system.  While monikers such as "they can't cheat if it's not close" may be emotionally satisfying, any such alleged attack against our Republic and its laws should not be shrugged off.

If you agree that the integrity of the vote should be protected and that every vote should count, please contact the Michigan Attorney General, Mike Cox, at miag@michigan.gov and encourage him to look into these allegations.  Cox's office may also be contacted at (877) 765-8388.  Additional contact information may be found here.

John Bambenek is the Assistant Politics Editor for BC Magazine and is an academic professional for the University of Illinois. By trade, he is an information security professional, part of the Internet Storm Center and a courseware author and certification grader for the GIAC family of security certifications. He is a syndicated columnist who blogs at Part-Time Pundit and the executive director of The Tumaini Foundation which helps AIDS orphans and other children in Tanzania to get an education.

Comments

[Dalybill]

Democrats message is so weak and as been so weak for so long, vote fraud, for them is studied and practiced to a fine art.

[Robert]

Unless the laws have been changed since the 1972 incident cited by the Daily Kos, Michigan is an open primary state and as such anyone can vote in them regardless of party affiliation. If the laws have changed, that would be a different story.

Thank you!

[cherryl]

And we walk now with the shoe in on the other foot...Oops :)

[the wonderboy]

I'm pretty sure that Robert is right. I don't think this qualifies as vote fraud. It's probably unethical, but I don't think it's criminal.

[Cao]

John contacted the Michigan Attorney General, who is currently running for governor, to ask for an investigation into Kos' asking people to cross party lines to influence the vote in Michigan. Unfortunately for the KOS kids and KOS himself, according to what John learned from that contact, counseling people to vote for races they aren't qualified for is a felony there.

[Robert]

Is Michigan still an open primary state? If so, then how can "counseling people to vote for races they aren't qualified for" a felony? If it's a felony, why hasn't the Michigan Republican Party not faced criminal charges for the incidents cited in the Daily Kos article? Doesn't that strike you as being just a tad hypocritical?

[John Bambenek]

The Supreme Court has ruled that open primaries tarditionally understood are unconstitutional on free association grounds. In my complaint I cited the current law that says in primaries you can only pick up your own parties ballot.

[Bob]

As someone who lives in MICHIGAN, I think you should worry about your own state's primary and leave us alone. Get over it...

[Rick Sincere]

I am an election official in Virginia, which is an open primary state. (Voters choose which party's primary they wish to participate in, at their polling place on election day; there is no voter registration by party here.)

As I understand the law in Michigan and other states, it is legally possible for a voter to change his party registration prior to a party primary and then change it back at a later date. All of this is subject to those laws that govern deadlines for voter registration (for instance, in Virginia the deadline to register and be eligible to vote in an election is 29 days before that election) and other regulations, which vary from state to state.

As another commenter noted, what the Daily Kos is urging may be unethical, but it is not likely to be illegal.

[John Bambenek]

I very clearly cited the laws involved in the complaint to the AG. Yes, people can change their party on election day, just like they do in Illinois (and that's not really an Open Primary). However, you still must belong to the party you vote in. Party registration may be effected by choosing a particularly party's ballot on election day, but not everyone, for instance, can simply walk up and ask for the other party's ballot.

For instance, a Republican officeholder cannot take a Democratic ballot on election day (well they could, but it would be clear fraud).

The difference is subtle but important. By taking a certain parties' ballot on primary day, you are saying you belong to that party. In cases where that is clearly not so (i.e. party officials, elected office holders) you can be challenged very successfully or tried for vote fraud later because you are obviously lying (unless you have jumped parties, resigned parties, etc).

The difference here is that I'm not going after individuals, I'm going after Kos who is advocating for people who have no desire to change parties to vote in an election they are not qualified for. Yes, a particular voter may be changing their party registration on election day, but Kos is suggesting that people do this who have no intention to change parties, that is, in fact, apparently illegal. You are making an apples to oranges comparision and haven't read the laws I cited.

Sure, anyone can pick up any party's ballot they want on election day but in so doing they are saying they belong or choose to belong to that party. For one person of another party to do that to another party on election day, however, is fraud. That is also why I cited the perjury statute.

[lestatdelc]

And it's Fright-Wingers who complain about frivolous litigation?

The author of this doesn't even know what the hell he's talking about. In Michigan has no party registration when you register. It's binary. Either you're a registered voter, or you're not. Go look at their voter registration forms. There is no party declaration in it.

Oh, the guy's also not even from Michigan. How he thinks he has standing is beyond me if he even called anyone (i doubt it) given the complete lack of understanding of Michigan election law.

[Dave Dial]

Wow, Mr. Bambenek, you are a complete moron.

If you really work at U of I, they must be very ashamed. LOL!

I live in Michigan and voters can vote in whatever primary they want to. They don't ask what party you belong to, they ask which ballot you want.

Your 'unqualified electors' bit is easily understood. Except you and your other freeper buddies can't seem to understand it.

[Free Spirit]

These voters do not INTEND to change parties; they HAVE changed parties. Whether they intend to change parties again the next day has nothing to do with it, as far as the State of Michigan is concerned. They are members of the party if they are registered as such, and, as such, are qualfied to vote in the party's primary.

If any of these voters hold offices in another party, they may be violating the rules of the other party, which probably stipulate that its officeholders must be party members. But they are not committing any kind of voter fraud.

[lestatdelc]

Michigan voter registration does not even include party affiliation.

[carbondale atty]

Michigan has open primaries, jackass. Good luck with your frivolous complaint-- I hope Kos files malicious prosecution charges against you.

[esjaydee]

This is gone beyond silly-you are making a fool of the republican party.

What part of the Michigan election law do you not get?!

Also-I read the post on DKos...did you just happen to omit the larger part of Kos' point-the one he makes about how the Republican party had played these games in several prior elections?

Get a grip! There is NO fraud.

[Ron Russell]

Ah, the sound of Right (actually wrong) Wingnuts going off the rails! How many more laughts can you provide Liberals like me? We're ROTFLOAO over this! Keep the nutty attacks coming boys, we're actually enjoying it (since you clearly aren't going to stop and just take your meds).

[slamkitty]

Desperation breeds all kinds of dysfuntional behavior. Good reminder for those of us on the left that these people never play fair. Their ends justify their means. They have bought their own lie that they are the party of "values" so they can act any way they please. It is fun to hear them whine, but keep in mind they will chew your head off if forced to.

[John Bambenek]

I am amused no one bothered to even look at the Michigan law to tell me I am wrong...

The Kos speaks... they listen.

[Ron Russell]

Come on John, if it was illegal, would the state officials need your advice? Oh, I forgot, only wingers have that Mojo! ROTFLMAO!

[John Bambenek]

I didn't give state officials advice, I gave them a complaint. I'm sure they have better things to do than troll the blogs on the off chance a yard ape decides to do something illegal, so as a good citizen, I brought it to their attention.

[prairie biker]

John,

heh. the statute you cited doesn't include the presidential primary. you really need to stay away from trying to interpret the law.

[Ish Ka-Bibble]

Why is it when the left uses the courts it's a symptom of our over-litigious society, but when a numbnut like Bambenek files a frivolous suit it's somehow heroic?

I hope that legal costs are assessed to him when his case rejected.

[Ish Ka-Bibble]

"I'm sure they have better things to do than troll the blogs..."

Whereas you have oodles of free time in which to jerk off.

Get a job, John.