Law & the Courts

The Corner

The Presidential Advisory Commission on Election Integrity

The Left has been asserting for some time that there is no such thing as voter fraud: Not just that it is not widespread, or that there is only some of it, but that as a practical matter there is none of it at all.

There are a couple of reasons that the Left needs to take this dubious and extreme position. First, it is essential to its credibility in opposing ballot-integrity measures like voter ID. As long as there is (or even could be) at least some voter fraud, it is hard to see why measures taken to stop it are a bad idea. Second, if voter fraud is a myth, then any and all ballot-integrity measures can only be explained as racist, and this in turn makes it more plausible that we have to resurrect Section 5 of the Voting Rights Act, incapacitated by the Supreme Court’s 2013 decision in Shelby County v. Holder, to keep states from enacting these measures. And the resurrection of Section 5 (requiring federal “preclearance” of all state and local practices and procedures that affect voting) is important because it will enable the Left to block not only perfectly legitimate voting laws, but will also get it back in the game of requiring racial gerrymandering that is partisan driven and politically correct.

(By the way, I’m not saying that it is impossible for a state-enacted ballot-security measure to be racially motivated. But there are plenty of laws available to challenge them.)

So the Left has to discredit the new election-integrity commission. It says it is afraid that the commission will somehow falsely declare that there is widespread voter fraud, but really it would be fatal to the Left’s agenda even if the commission just found that there was some voter fraud. Conservatives, on the other hand, should be happy with the commission simply doing an honest job of documenting what the facts are. If it does so, it probably won’t find that, for example, fraudulent ballots cost Donald Trump the popular vote, but it would also be most unlikely to find that, as a practical matter, there is no voter fraud at all. And such a balanced conclusion would be not only perfectly reasonable — it would also shut up the Left.

So let the commission do its job.

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