Bacon's Rebellion

We’re Transparent Only When It Suits Our Agenda

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by

Dick Hall-Sizemore
in ,
Jason Miyares

by Dick Hall-Sizemore

On Sept. 9, 2022, Attorney General Jason Miyares announced the creation of an “Election Integrity Unit” within his office. His press release contains this statement:

I pledged during the 2021 campaign to work to increase transparency and strengthen confidence in our state elections. It should be easy to vote, and hard to cheat. The Election Integrity Unit will work to help to restore confidence in our democratic process in the Commonwealth. [Emphasis added]

As I noted in Bacon’s Rebellion at the time, there was no indication that there had been any widespread or major election fraud in the Commonwealth or that Virginians’ confidence in its election system need restoring or strengthening. It was a political stunt—the “unit” consisted of lawyers already on the AG’s staff who would add election law violations to their list of assignments.

An article in today’s Cardinal News highlights how the recent recount of the votes in the Republican primary for the 5th Congressional District illustrates the security and integrity of Virginia’s election system, a point made by Steve Haner on this blog a few days ago. The article describes all the safeguards in the state’s electoral process and quotes Susan Beals, the director of the Department of Elections and an appointee of Gov. Youngkin, “Once you vote in Virginia, your results are checked three times before the results are certified. Between that and the efforts at security of voting machines, security and custody of ballots, and the training that we provide to our election officials, I believe that Virginians can be confident in our elections.”

In preparing the article, Cardinal News asked the Office of the Attorney General for data on voter fraud. Citing attorney-client privilege, the office declined the request. So much for transparency.

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45 responses to “We’re Transparent Only When It Suits Our Agenda”

  1. LarrytheG Avatar
    LarrytheG

    Wait. We have to make sure we have election integrity but we can't say what lapses have been found?

    wow!

  2. Teddy007 Avatar
    Teddy007

    How soon until Miyares announces that he is running for governor?

    1. Thomas Dixon Avatar
      Thomas Dixon

      As soon as he sees his political wind favorable. I had high hopes when he was elected but his showboating on some things while refusing to act on more important but less politically attention grabbing issues expose a man only concerned with moving up regardless of his legal duties.

      1. Nancy Naive Avatar
        Nancy Naive

        Did he not get JMU a bowl?

    2. Teddy007 Avatar
      Teddy007

      All a second term as attorney general can do is get Miyares into a controversy over something. That is why so many candidates for higher office are in their first term.

      1. Lefty665 Avatar
        Lefty665

        ??

    3. Nancy Naive Avatar
      Nancy Naive

      Unless there’s a fight.

    4. Drive-by Commentator Avatar
      Drive-by Commentator

      Miyares is not fit to be governor of a small village, let alone a state as large and complex as Virginia.

      He needs to be hanging around the courthouse, handing out his business card, looking for someone to defend from a DUI.

  3. Carter Melton Avatar
    Carter Melton

    Jut another reason to turn the old cynicism meter up another quarter notch :>( .

  4. f/k/a_tmtfairfax Avatar
    f/k/a_tmtfairfax

    Without vigilance and the threat of law enforcement, there will be voter fraud. A number of years ago, we were in Norfolk moving my son into his dorm at ODU. During the process, there was a younger man trying to get students to register to vote. So far, so good. Several of the students told the man that they were registered to vote and would vote in their hometown or state of residence and declined. The young man told that to register anyway and vote twice. He said it was OK to enable Democrats to win elections.

    This shows both a major level of corruption and disrespect for the law on the part the activist and the polar opposite on the part of the students I observed.

    1. LarrytheG Avatar
      LarrytheG

      Yes but. When you register to vote, the registrar is supposed to check if you are registered elsewhere in the state – and other states.

      The "other" states was done through a program called ERIC which Virginia pulled out of without a real replacement.

      " The state says it’s taking steps toward more reliable voter rolls but some voting experts and Democrats disagree.
      The Virginia Department of Elections announced Wednesday it signed agreements with five states and the District of Columbia to share voter data. The move comes after the commonwealth quit a multistate partnership that is the target of right-wing conspiracy theories.

      The department is also using obituaries to remove dead voters from rolls, updating its process for removing people convicted of felonies and using a private vendor to send mailers to registered voters who may have moved. The new process resulted in 234,736 voter registration cancellations over the last fiscal year, up from 76,166 the previous year.

      This year’s total, however, is not an outlier: In its 2019 report , for example, the department said it had deactivated more than 230,000 voters who were deceased or marked as inactive.

      In an annual report released Wednesday, ELECT said it had made “unprecedented strides in improving the accuracy of its voter list.” Some voting experts and Democrats, meanwhile, said the changes will lead to less reliable voter rolls and could result in the removal of eligible voters.

      Commissioner of Elections Susan Beals announced Virginia was leaving the Electronic Registration Information Center, or ERIC, in May. Though she’d publicly defended the partnership as recently as April, Beals cited concerns about privacy and costs without providing details. Past VPM News reporting showed Gov. Glenn Youngkin’s office was directly involved in discussions leading up to the state's departure from ERIC.

      Since then, Beals has signed individual agreements with neighboring states like Tennessee and West Virginia, as well as more distant ones like Georgia, Ohio and South Carolina.

      But David Becker, a national elections expert who helped develop ERIC, said signing these one-off agreements will result in less reliable, less secure and more expensive data. Department staff would be left using manual processes to match the information they receive — often a name and a birthday — to voter files, resulting in a “ton of false positives.”

      ERIC, by contrast, uses data from a broader range of sources and more states — including DMV records — and provides a centralized report every 60 days."

      https://www.vpm.org/news/2023-09-20/eric-virginia-voter-registration-data-safety-security-new

      So Virginia went from an existing 50-state enforcement tool to
      a 5 state claiming they were increasing election integrity.

      1. f/k/a_tmtfairfax Avatar
        f/k/a_tmtfairfax

        I'm not claiming there is rampant voter fraud in Virginia. I was simply stating what I observed – an open invitation to commit fraud and the refusal by several students to participate.

        The risk of arrest and punishment is needed here as with any other crime. Look at California and shoplifting.

        After we moved to NC and registered to vote, my wife and I received a notice from Virginia noting that we had registered to vote in another state and, as such, we would be removed from Virginia's voter list. We were offered the opportunity to correct that if there was a mistake. However, we each responded that we had moved and should no longer be listed as eligible voters in Virginia.

        1. LarrytheG Avatar
          LarrytheG

          But when Virginia pulls out of ERIC which does cross-check other states – like for the students you cited, what does that accomplish? Looks like they had a way to catch out of state students voting twice and abandoned it.
          Thing thing about “enforcement” is a process that works to identify those who need “enforcement” I would think. Otherwise, there is no fear of punishment if you know Virginia is no longer checking.

      2. Randy Huffman Avatar
        Randy Huffman

        9 states pulled out of ERIC, and there are only 24 left. Quite a number were never in it to begin with, like California and NY. So no, this is not a right wing conspiracy nut job, it had real issues.

        I read a few articles about the concerns with ERIC, including Judicial Watch which regularly goes after States and localities to clean up voter roles because many are are not doing it. You don't need to be in ERIC to share information or be diligent.

        This is one of several articles I read about it that seemed the most succinct, and shall we say, less partisan….

        https://thefga.org/research/states-can-protect-elections-leaving-eric-maintaining-voter-rolls/#

        1. LarrytheG Avatar
          LarrytheG

          re: " You don't need to be in ERIC to share information or be diligent."

          Nope. but that does that mean each state has to set up their own system with every other state?

          ERIC was one place for all states to exchange data without having to set up separate ones for each state.

          It's a clearing house – a most efficient way to accomplish this.

          What problems did Judicial Watch have with ERIC itself?

          " Key Findings:
          MORE THAN 43 MILLION AMERICANS CHANGED ADDRESSES IN 2021, MAKING VOTER ROLL MAINTENANCE A CONTINUAL TASK.
          THE ELECTRONIC REGISTRATION INFORMATION CENTER (ERIC) HAS FAILED TO HELP STATES MAINTAIN THEIR VOTER REGISTRATION LISTS, WHICH ARE ESSENTIAL TO CLEAN AND FAIR ELECTIONS.
          NINE STATES LEFT ERIC IN THE PAST TWO YEARS, AND MORE SHOULD FOLLOW.
          THERE ARE THREE STEPS STATES SHOULD TAKE TO HELP ENSURE CURRENT AND ACCURATE VOTER ROLLS.
          The Bottom Line: To maintain up-to-date and accurate voter rolls, states should stop outsourcing voter roll maintenance efforts to politically driven, third-party groups like ERIC and instead follow the lead of other states that are using their own tools to achieve clean and accurate rolls."

          Maintaining voter lists through ERIC is far more efficient than each state working with 50 other states.

          where does the " politically driven, 3rd party " come from? Just an accusation without any evience?

          In order to do a clearing house, by definition, you'd be doing it with a clearing house rather than each state developing their own in-house for each other state.

          Finally, what replaces ERIC for a clearing house that all 50 states can use?

          Right now, Virginia is in the process of setting up procedures, state by state to replace ERIC and last I heard, they had 5 states – which is 20 less than when they used ERIC.

          What is Virginia doing about the states it does not have an agreement with?

          If Conservatives wanted to set up their own clearing-house and claim it better, that would be one thing but to abandon the one that exists and go back to each state one-by-one makes no sense and is not "better" than ERIC at all.

          here's what really happened:

          https://en.wikipedia.org/wiki/Electronic_Registration_Information_Center

          1. Randy Huffman Avatar
            Randy Huffman

            Did you miss my note that only 24 states are now in Eric, and was only 33 before the 9 pulled out, and neither California or NY were in it? That is NOT a comprehensive data base.

            As for Judicial Watch, you can read what they had to say in 2023 here. I don't know enough about the issue to opine or answer direct questions, but I do trust JW a hell of a lot more than NY Times or NPR to shoot straight on this issue.

            https://www.judicialwatch.org/whats-wrong-with-eric/

          2. LarrytheG Avatar
            LarrytheG

            “only” – yes – but what is a better alternative? If Conservatives want to stand up their own clearinghouse, they should do so but to abandon the current one and go back to a more manual state by state process is actually going backwards.

            What is wrong with reforming the one that is currently in place?

            Here’s an example:

            from the JW :

            ” Next, states should regularly compare their voter rolls to the NCOA database. This database compiles change-of-address requests from individuals to have their mail forwarded to a new address.42 States can use this list to reference voters who have either moved out of the state or moved to a different jurisdiction.”

            They telling states that each one should start doing this.

            ERIC already does this and then compiles that data to the states.

            Conservatives abandon the existing way of doing this then claim that each individual state should START doing it.

            JW is a uber-partisan organization , much worse than the NYT. Do you think Wikipedia is also
            a “left wing” outfit?

          3. CJBova Avatar
            CJBova

            Anyone can post a Wikipedia article. It is not moderated except as volunteer editors may choose to do. It should be considered as a reference to sources , but not necessarily reliable in itself.

          4. LarrytheG Avatar
            LarrytheG

            Not moderated by moderators but moderated by others who submit data and what gets in Wiki or not is
            what has validated references. It's way more "reliable" than many other sources that don't even provide references or the references are selected and not all are accepted and included.

            With ERIC, you see this clearly in Wikipedia and NOT at Judicial Watch. Wiki has the full context, Judicial, not.
            Here's a more complete view of Judicial Watch: https://en.wikipedia.org/wiki/Judicial_Watch .

            That are not known for their objective and balanced behaviors. They are, for instance, totally unlike
            the Pew Charitable trust which IS viewed as unbiased and objective and does NOT engage in legal actions or promote conspiracy theories.

            I can understand the advocacy. There are groups on the left like ACLU that also do that
            but the ACLU does not promote lies
            and conspiracy theories, as JW has been shown to do multiple times.

            "Vince Foster conspiracy theory
            Judicial Watch helped promote the conspiracy theory that Vince Foster was murdered by the Clintons, and still has yet to provide convincing proof.[25][22]"

            "False voter fraud claims
            In August 2017, Judicial Watch falsely alleged that 11 California counties had more registered voters than their estimated populations of citizens eligible to vote; the claims were picked up by outlets such as Breitbart News and Russian propaganda network RT (Russia Today).[50] Judicial Watch counted "inactive voters" in its tally, which is a list of people that California maintains of people who have been removed from active rolls after a mail ballot, voter guide or other official document was returned as undeliverable; California keeps such a list as a fail-safe in case eligible voters have been erroneously categorized as "inactive".[50] "

            This is just two of several.

            https://en.wikipedia.org/wiki/Judicial_Watch

          5. LarrytheG Avatar
            LarrytheG

            Yes, we see that but what is the reason other than partisan politics? It may not be as comprehensive as some say it needs to be but they have no replacement for it. They’re just bailing on the only existing option and going back to a manual process. JW is an uber partisan outfit, not balance nor objective at all no matter what you think of other publications. THey’re not a good outfit and the proof is states bailing out of ERIC with no viable replacement. They’ve actually degraded their ability – all because some partisan outfit is spewing disinformation and conspiracy theories.

          6. Randy Huffman Avatar
            Randy Huffman

            ok so you don’t like JW, and consider the ultra partisan. Ok, I get it. They are not a news organization, they describe themselves as “a conservative non partisan organization who promotes transparency, accountability and integrity in government, politics and the law”, and are a 501 c 3. They are not hiding who they are. You don’t trust them, fine, I generally do.

            Pew charitable trust claims to be non partisan, but unlike what you assert, there are many who disagree that they are unbiased and objective.

            NY times is a News organization I do not trust at all as unbiased, just as you don’t trust Fox. We’re different, that’s fine.

          7. LarrytheG Avatar
            LarrytheG

            So, we were talking about ERIC and election security and Judicial Watch's role and relying on JW for information related to the issue.

            It's not that I "don't like" JW , it's that they have well-earned their reputation for lying, misrepresenting facts and promoting conspiracy theories that disqualifies them as a trusted source of information or policy changes.

            That kind of behavior is way different than "bias" which pales in comparison to what JW does. Apparently, the idea is that if there is some "bias" in media, that's it's okay then to just outright lie, promote disinformation and conspiracy theories – things that neither the NYT nor Pew are known for at all.

            JW makes this claim:

            https://uploads.disquscdn.com/images/d493746056628eea7badef8ec686177fce0baed560e0e8f7ed935374aed116c9.png

            what makes ERIC "politically driven"?
            seriously – is ERIC a partisan outfit?

            It's basically a voluntary clearing house for voter data.

            JW says this:

            https://uploads.disquscdn.com/images/4144ef8d7e064af7782f46d7873bbf04c9f3915ea3c335ed7c2a8f416d7b12f6.png

            https://uploads.disquscdn.com/images/c386b1f67f56a2e83f5723011bfa0cc547b60df7f673cd80cd27eb47b8a39015.png
            ERIC already does the above things and more, all on a voluntary basis yet JW apparently thinks the "they" (Federal Govt?) essentially do this by "forcing" the states.

            So, JW IS advocating a govt mandated centrally managed database just like ERIC and instead of voluntary, that states be required to participate! So much for "small govt".

            And really, if Congress wants to do that , it can be debated but to abandon the only working database to drop back to more manual and less effective processes actually
            results in more outdated voter rolls with voters not removed that should have been.

            All of this, why? Because an organization like JW, which has a well-earned reputation for NOT dealing with truth and facts, says ERIC is a partisan outfit?

          8. Randy Huffman Avatar
            Randy Huffman

            Larry, it’s not just JW who is rejecting ERIC, 9 states pulled out, and many never participated. JW does not have a reputation of lying, they do good work and I support them, your assertions are meritless.

            Cleaning up and managing voter roles is the responsibility of the States.

  5. walter smith Avatar
    walter smith

    Virginia is not the big problem.
    My two biggest issues with Virginia would be the voter rolls, and why does Fairfax County always turn in last, and why is that acceptable?
    Meanwhile, if you wish to infer that election integrity is not an issue and is not a real concern, you are a partisan Leftist hack who likes that your side has perfected cheating.
    30 counties. Fix your cheat there and you "win."
    There are way too many loose holes and the Dems fight to keep them open. Why? To cheat of course.
    How come the French do one day, in person, paper, and know the result in 5 hours?
    The Dems want Venezuela and are d@mn near succeeding in getting us there.

    In Virginia it should be each precinct immediately after closing reports its total for that day and the number of mail ins IMMEDIATELY after closing of the polls. Then, each precinct should report the count and that better add up to the total reported. And there should be a hard line for mail in of in hand as of close of voting. Period. Not a play number wild card of how much cheating is needed.

    Anybody ever wonder how States that went mail in went Democrat over time? How the Dem always magically managed to come from behind and "win"? My favorite has to be Christine Gregoire in Washington who eventually "won" by 29 votes. Including ballots found in the trunk of a car…Yeah, nothing suspicious at all….Shut up peasants!

    Also, please tell me, was Mark Herring entitled to attorney-client privilege? How about him and the Portsmouth attorneys who gave Louise Lucas a pass? And then gave money to the lawbreakers? Or, on his obviously facially wrong Covid vax opinion? Did he deserve to have his attorney client privilege? How about qualified immunity for his (obviously political) governmental decision? Do you have two standards based on politics or one based on truth?

    1. Drive-by Commentator Avatar
      Drive-by Commentator

      ". . . why does Fairfax County always turn in last, . . . "

      Because Fairfax County has 730,000 voters in 238 precincts. In every single precinct, the number of ballots cast must be reconciled against ballots that went through the machine, spoiled or voided ballots, provisional ballots, mail-in ballots returned unused, and the number of people checked in.

      It takes time.

      The county where I have been on the Electoral Board for 10 years has 15,000 voters. Takes us two hours for all 9 precincts to check and double-check then we check and double-check their submissions.

  6. LarrytheG Avatar
    LarrytheG

    https://uploads.disquscdn.com/images/22d9422b560e9aa67afd5549f20a0a0354a4be8c81246cc9d2e4d24f03b00bf9.png
    https://richmond.com/news/state-regional/government-politics/glenn-youngkin-election-security/article_a0cae04e-54f2-11ef-8ee5-ff80100b330b.html?utm_medium=social&utm_source=email&utm_campaign=user-share

  7. Stephen Haner Avatar
    Stephen Haner

    Well, they are correct that any info they have on such complaints from an agency would be privileged. Until or unless any prosecution is sought. Sadly, doubt that our elections are reliable remain widespread in some circles and You-Know-Who will whip that up again now. Miyares and Youngkin understand that the result of that could be lower R turnout, so it behooves them to push back and bolster confidence.

    But apparently compiling stats is not one of the tasks for the "integrity unit."

  8. Nancy Naive Avatar
    Nancy Naive

    Transparency, quite literally, is in the eye of the beholder.

    1. WayneS Avatar
      WayneS

      And a lot of people seem to have cataracts…

  9. Eric the half a troll Avatar
    Eric the half a troll

    “In preparing the article, Cardinal News asked the Office of the Attorney General for data on voter fraud. Citing attorney-client privilege, the office declined the request. So much for transparency.”

    Maybe TJC can file suit… 😉

    1. LarrytheG Avatar
      LarrytheG

      A govt program to address election fraud but the can't report on results? It's a secret thing?

      1. Nancy Naive Avatar
        Nancy Naive

        Security, don’t ya know.

  10. James Wyatt Whitehead Avatar
    James Wyatt Whitehead

    From the office of the Governor. EO 35. August 7th, 2024.
    https://www.governor.virginia.gov/media/governorvirginiagov/governor-of-virginia/pdf/eo/EO-35-Comprehensive-Election-Security-Ensuring-Legal-Voters-and-Accurate-Counting—vF—8.7.24.pdf

    1. Nancy Naive Avatar
      Nancy Naive

      That was quick. Anyone check it for typos?

      1. James Wyatt Whitehead Avatar
        James Wyatt Whitehead

        I thought I noticed a hanging chad. But it was hard to tell.

        1. Nancy Naive Avatar
          Nancy Naive

          Back in the day, at an office celebration, one young fool threw a handful of chads as confetti. Stuff wound up in eyes, ears, up noses…

          1. DJRippert Avatar
            DJRippert

            Did you get in much trouble for throwing those chads?

  11. DJRippert Avatar
    DJRippert

    Covid occasioned A LOT of changes to voting rules. While I don't see any evidence of significant voter fraud in Virginia, new rules and new processes probably warrant increased vigilance.

    1. LarrytheG Avatar
      LarrytheG

      We got a TON of "what-a-bout-ism" and no evidence of massive fraud across multiple precincts, enough to turn a national election.

      Some conservative's apparent problem with ERIC is that it found voters who were not registered and took action to get them identified and registered, so that went against the conservative's normal perceived practice of suppressing votes.

    2. vicnicholls Avatar
      vicnicholls

      Read EPEC's take on it. They use the states' own data. https://epec.substack.com/

  12. DJRippert Avatar
    DJRippert

    Covid occasioned A LOT of changes to voting rules. While I don't see any evidence of significant voter fraud in Virginia, new rules and new processes probably warrant increased vigilance.

  13. VaPragamtist Avatar
    VaPragamtist

    How does one show evidence of voter fraud?

    Convictions? You'd need to show fraud beyond a reasonable doubt, after getting a CA to agree the evidence is sufficient to make a case. That's a pretty high bar when most evidence of fraud is circumstantial.

    Unless you catch in the act (like voting under a different name with a fake ID), there's not going to be a lot of evidence. There's speculation, allegations, and rumor. But little evidence. So little "proof."

    But the absence of evidence being used as proof that voter fraud isn't a problem is flawed reasoning, the "appeal to ignorance" logical fallacy.

    1. LarrytheG Avatar
      LarrytheG

      Well, IF you're gonna CLAIM that it's a problem – it's not responsible to do so without evidence and no attempt to provide
      real evidence.

      If Mr. Younkin and his AG want to stand up an investigation, I
      would welcome it as long as he is committed to keeping it public,
      showing the parts that are concerning and making changes.

      But the "what-about-ism" without any evidence, without any effort to provide evidence is irresponsible and damages people's faith in the process – IMO.

      I want to point out here that Republicans DID make such claims and went to many courts over it and got totally shut down because they were making accusations and provided little or no evidence.

      Don't play what-a-boutism with elections.

  14. Clarity77 Avatar
    Clarity77

    All factors indicate Virginia citizens under this Republican governor can feel confident that their vote counts and that they are not disenfranchised. Of course this bothers leftists such as Dick who have historically counted on voter fraud to win elections. So Dick, nice try to throw shade on Miyares and Youngkin but obviously they are doing a stellar job much to your consternation.

    This is one excellent example where Republicans being on offense ensures the health of a democracy which is under constant attack from the left. As to the 2020 election and the facts are quite clear in this video. Straight from the horse's mouth.
    https://www.youtube.com/watch?v=MA8a2g6tTp0

  15. vicnicholls Avatar
    vicnicholls

    Check out EPEC and they'll show you there are LOADS of holes that should have been fixed before now.

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