Gessler, Vote Fraud Crusader, Loves Caldara’s Vote Fraud

I know it SEEMS like vote fraud, and I would know…

Denver fixture columnist Mike Littwin, now writing for the Colorado Independent, caught up with Secretary of State Scott Gessler at yesterday's event announcing Gessler's gubernatorial campaign. Doing what apparently none of the fancy-pants mainstream media outlets could not, Littwin asked Gessler the same question we would have: what do you think of Boulder resident Jon Caldara's vote fraud scandal in Colorado Springs?

Gessler, who is Colorado’s top elections official and who was, in a previous life, an election lawyer, said he was not offended by Caldara’s stunt. He was all in.

“I think Caldara did a really good job of bringing attention to this,” he said. “I think he really did.

“I think he handled it in the right way in the sense of not casting a vote. I mean, he cast a ballot, but it was blank, so nobody could accuse him of doing something wrong. And it sounds like he’s staying in El Paso.” [Pols emphasis]

Apparently, Gessler hadn't heard the news that Caldara had crassly invoked the recent flooding as an excuse to "keep Boulder as a permanent home." The legal analysis we've heard strongly suggests that Caldara did not "handle it in the right way" at all, and the "blank ballot" won't protect him–as reported yesterday, the Attorney General is now investigating. Presumably, Gessler didn't know that either.

After watching Gessler turn over hundreds of names to local law enforcement to investigate on dubious suspicion of "noncitizen voting," and seeing those investigations time and time again turn up nothing, it's of course reasonable to question Gessler's judgment. At the very least, why would this front-to-back documented case of vote fraud not be worthy of the same scrutiny Gessler expected DAs to give all the perfectly legal voters he turned over to them? Despite all the willful ignorance he's shown over the years, we do believe Gessler is smarter than this, and knows perfectly well that breaking the law as a "stunt" is still breaking the law.

Especially coming from the state's chief elections official, Gessler's lack of concern about Caldara's actions is preposterous–and God help the Gessler for Governor campaign if Caldara does get indicted, after Gessler praised this felonious little "stunt."

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Hickenlooper: Caldara’s “Gypsy Vote” Unlawful

UPDATE: Dr. Seth Masket of the University of Denver writes for Pacific Standard:

In one sense, this is an interesting case of civil disobedience: A citizen knowingly and publicly committed a crime to draw attention to a problematic law. In another, this is a pretty astounding case of a crime being manufactured to demonstrate the need to fight crime. While not quite on the level of manufacturing a galactic civil war to justify the creation of a Clone Army, this is still pretty striking, given the history of this particular issue…

Efforts to crack down on voter fraud, of course, have important consequences on subsequent elections, even if they do nothing to prevent actual fraud. Requirements for voters to bring photo identification to the polls, or efforts to limit who receives a mail-in ballot, tend to have a disparate impact on racial minorities and poorer voters. These voters tend to be strongly Democratic when they actually vote, so it’s hardly shocking that the parties have polarized on the issue of voter fraud.

But the specific case of voter fraud committed Saturday in Colorado is a pretty special one. Here’s an activist concerned about a loophole in a law that would allow people to vote outside their districts. Rather than point to the (so far nearly non-existent) illegal voters, he’s just voting illegally himself. If the statistics don’t support your case, be the statistic.

—–

Jon Caldara.

?A sternly worded press release from Gov. John Hickenlooper's office this morning:

“We are hearing disturbing reports that some people are being encouraged to go to the polls, not to legitimately vote, but to disrupt the process. That would be unlawful and makes a mockery of the democratic process. [Pols emphasis]

“We urge the county clerks in Pueblo and El Paso counties to make clear that people engaged in attempting to disrupt the elections are open to criminal prosecution. We’ve also reached out to the Attorney General to help us ensure fair elections take place this week.”

The Denver Post's Lynn Bartels was first to report Independence Institute director Jon Caldara's appearance at an El Paso County polling location Saturday morning, as well as his intentions to do so Friday. Reporting today in the aftermath of Caldara's alleged felony act:

The governor’s spokesman, Eric Brown, on Sunday talked about “political stunts.”

“We share growing concerns that some people would rather pursue political stunts than respect election law,” Brown said. “Voting integrity and respect for law should be paramount in these recall elections. Coloradans deserve at least that much.”

El Paso County Clerk Wayne Williams said he’s excited Hickenlooper is now paying attention.

“It’s too bad he didn’t pay attention before he signed the fatally flawed law that compromised the integrity of the election system. Perhaps Gov. Hickenlooper should have listened to the testimony about the problems with HB13-1303 before signing it,” Williams said in a statement. “The ‘disturbing reports’ he cites are a direct result of his ignoring the concerns of citizens and signing fatally flawed legislation.”

Again, as we've been repeatedly assured, by numerous competent authorities we trust far more than El Paso County Clerk Wayne Williams, the above statement is false. The "problem" here is not with any flaw in the legislation passed this year. The only "flaw" at work is the reasoning of the Independence Institute's director, and his willingness to commit a crime in order to make a false point. If Williams does not refer this patently obvious case of vote fraud to the district attorney, and higher authorities are forced to step in to enforce the laws he will not, that's going to look very bad–for Williams, DA Dan May, everybody. 

It's worth remembering that Clerk Williams was one of very few county clerks to oppose the election modernization bill in question which passed this year, House Bill 1303, and was written in large part by fellow county clerks from both parties. If you accept the opinion of most clerks that the bill is in fact well written, and the opinion of the Governor and many others that there is no "loophole" which allows for the fraud Caldara committed, the next logical question is why this particular county clerk is smugly refusing to enforce election law.

If you haven't noticed, open contempt for the law from certain public officials charged with enforcing it, from sheriffs and the state's gun laws to Clerk Williams and state's election laws, is starting to become a serious issue.

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Jon Caldara’s Objective: “A Wave of Fear”

A must-see video clip forwarded to us of Independence Institute President Jon Caldara, speaking in Colorado Springs earlier this month about the upcoming recall special election against Colorado Senate President John Morse. Transcript:

CALDARA: If the President of the Senate of Colorado, who did nothing but pass the laws that Bloomberg wrote, [Pols emphasis] is knocked out, there will be a shudder, a wave of fear that runs across every state legislator across the country, that says, "I ain't doing that ever. That is not happening to me. I will not become a national embarrassment, I will not take on those guys." That's how big this is.

It's remarkable to hear Caldara admit that Morse "did nothing but pass the laws that Bloomberg wrote." That's not something he should be admitting in front of a camera. That's not the public message from recall proponents these days, who have broadened the case against Morse to include everything from renewable energy to civil unions for gays and lesbians. And it's the frankest admission we've seen from anyone involved that the true goal of the recalls is to incite a "wave of fear across the nation" that chills momentum for gun safety legislation in other states.

For ourselves, when we think about a "wave of fear," we don't think of something good. A "wave of fear" swept through a movie theater in Aurora just over one year ago. We doubt that's the image Caldara wants in your mind as you hear those words. But what is the issue we're debating again? And why are we debating it in Colorado?

The hard core supporters of the recall won't be fazed by Caldara's realpolitik, of course. But the swing voters needed to actually recall Sen. Morse may well ask themselves if they want to be part of "a wave of fear" in support of guns–and answer "no, that sounds creepy."

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