Election May Bring On Wave of Lawsuits

The US Presidential election has already spurred a couple dozen lawsuits over the past six months.  These particular lawsuits have revolved around photo ID requirements and limited poll hours. However, a new torrent of litigation, beginning on election day, is looming over who gets to vote and which ballots will be counted.

Voter rights advocates and attorneys may initially head to court to try to keep polls open longer because of the breakdown of machinery and/or to make up for Hurricane Sandy’s aftermath.  They may also challenge partisan poll watching.  This is according to Edward Foley, a law professor at Ohio State University. And, Bloomberg reports Democrats in Florida, on Sunday, sought to extend early voting hours and in Ohio last minute provisional ballot restrictions are being contested.

The most voluminous onslaught of litigation, would probably come after Election Day and could be reminiscent of 2000, when it fell to the courts to determine the next US President. The states most likely to be involved in this sort of legal action are Virginia, Ohio and Florida, according to Jocelyn Benson, a professor of law at Wayne State University and director of the Michigan Center for Law and Administration. “Provisional ballots could very likely be the hanging chads of 2012,” Benson said. “The battle over provisional ballots will take center stage where any election is close and a significant number of such ballots have been cast.”

The fallout from Hurricane Sandy may end up being the catalyst for multiple lawsuits. Voters and their advocates might sue to extend voting hours in states where loss of power or other issues limited access to the polls. Federal law dictates that votes cast after regular hours are considered provisional ballots, and in a close election lawsuits challenging the extension may follow.

A court could determine that the extension was not appropriate. In that case, “these provisional votes won’t be counted,” says Steven Huefner, also a law professor at Ohio State University. And, Foley has said that litigation over provisional ballots may “bump up” against deadlines for resolution of the presidential election. He added that electors meet on December 17, by law, and these disputes have to be settled prior to that date.

Virginia could potentially erupt into a hotbed of election litigation if the margin between Romney and Obama is close. This could occur because Virginia passed a new voter ID law and may rely more heavily on provisional ballots than in the past. “Because Virginia is populated enough that its electoral votes matter, if there is a problem, Virginia could be litigated tremendously,” says Michael Dimino, a law professor at Widener University in Harrisburg, Pennsylvania.

Additionally, voter fraud could very well be an issue. Consider the fact that the 2000 presidential race was determined as based on only 537 votes. Therefore, it is not difficult to envision situations in which some might be tempted to engage in election fraud, particularly in such a close presidential race. The left has steadfastly denied that voter fraud presents a major problem in this election but The Heritage Foundation and others have documented its existence.

And then there are the poll watchers. “In Michigan, and elsewhere there’s a heightened concern about people who might show up on Election Day challenging people’s right to vote,” Benson said. “There will be a lot of attorneys on hand for both parties, prepared to react to any potential problems.”
So, challenges to poll watchers, who are often seen as illegally interfering with voter access and intimidating voters, could ensue.

Incidentally, the presidential election isn’t the only one in which lawsuits may arise. They could also emerge from ballot initiatives and congressional seats in multiple states, including the Senate election in Missouri.

This is not an exhaustive list of the various in which legal battles that could arise from this election.  Just know that the battle may not end on Election Day.

Cross-posted on RedState & Red Pill Report

Illegal Alien Sues Over ID Laws

Fernando Castillo Solis, Arrested in 2010. Photo from BustedMugShots.com

In Gwinnett County Georgia, an illegal immigrant is suing the state over their drivers' license laws and policies.

Under the law, those seeking a license must provide proof that they have had an established a legal residence in Georgia within the past 30 days prior to the application for the license. The law also allows for those driving without a license to be prosecuted, even if they obtain a legal drivers' license prior to the court date.

Fernando Castillo-Solis is a Mexican citizen, legally, who is in Georgia illegally, without a visa and without a "green card". Legally, he does not reside in Georgia. He is in the state (and the country) illegally.

The law also forbids personnel who are in the country illegally from obtaining a drivers; license.

His case is that the law, a 287(g) program, allows for racial profiling and is unconstitutional.

Other state laws also enable any illegal immigrant caught driving illegally (without a license) is also subject for turn-over to ICE for prosecution and/or deportation. 287(g) is a program under the auspices of The Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (HR2202). Gwinnett County, GA is a certified 287(g) partnership county under the federal law, which allows limited partnership and an amount of delegated enforcement authority from the federal government and ICE to the certified local law enforcement officials.

The Georgia state Supreme Court will hear the case in March 2013.

For further analysis, commentary, and the original article, please visit P-G Matuszak's Mental Aikido.

Syrians Arguing Over Death Toll of Suicide Bombing

A suicide car bombing in Ziyara, Syria has claimed at least two lives.

State media, SANA, says that the blast killed two and injured dozens, outside of a development agency.

However, rebel groups claim that the explosion killed at least fifty soldiers and pro government fighters, outside of a command center.

Jabhat al-Nusra, a branch of Al Qaeda, has claimed responsibility for the bombing.

In the town of Harem, at least twenty rebels were killed when government forces attacked with artillery and aircraft.

Fresh Baked Goods Make People Kinder

A study released by researchers at the University of Southern Brittany in France, shows that baked goods directly influence our moods.

In their study they found that people exposed to the smell of freshly baked bread, pastries, etc. caused people to be kinder.

According the to the researchers, seventy-seven percent of people exposed to the smell were willing to help a complete stranger.

When not exposed to the heart warming smells, only fifty-two percent of people would.

The researchers also stated that they expect anyone exposed to pleasant smells would be more likely to help someone, and that it wasn't just baked goods that caused the increase.

NASA's Spot The Station

NASA has announced a new feature, in order to celebrate the twelfth anniversary of the international space station being inhabited.

They've set up a new system, that will send you an alert, a couple of hours before the station is set to pass above you.

The Spot the Station service is available world wide, all one need do is sign up for it.

When you sign up you can choose to have the alerts emailed or texted to you.

Only the sun and moon are brighter that then ISS, and knowing when and where to look will make it all the easier to find it.

NASA hopes that it will bring greater interest in the station and the space program in general.

32 Dead From Indian Floods

At least thirty-two people have been killed in India.

Torrential downpours have been hitting over the last week, causing massive flooding.

In Andhra Pradesh twenty-two people were confirmed dead, and in Tamil Nadu ten more have died.

The rains are expected to continue through Wednesday.

Traffic in the affected areas has been all but show down, as roads and railways are underwater.

Despite the lack of reliable transportation, thousands of people have fled the region.

Anonymous Celebrating on November 5

Anonymous has their own way of celebrating Guy Fawkes and the Gunpowder Plot.

They've been busy hacking websites, and replacing them with poems remembering the events of November 5, 1605.

NBC, Lady Gaga, the Australian government, Paypal, and Symantec were amongst their victims.

All of those sites are currently back up and running.

In a Youtube video, the group called for everyone in the world to join them in protests against government surveillance.

Specifically mentioned were Trapwire and Indect, which use CCTV to detect faces throughout crowds.

Officially those programs are attempts to fight terrorism, but Anonymous says they are an invasion of privacy.

The group is correct in stating that they can be used for so much more than their official purpose.

Remembering: The Gunpowder Plot and Guy Fawkes

A group of Catholic conspirators, led by Robert Catesby, began seriously plotting on May 20, 1604, in order to make England a Catholic nation. Their plot was to overthrow and kill the mostly Protestant Parliament, along with King James I.

To do this, they decided to stockpile gunpowder under Parliament and blow the building up, during the Parliament's opening ceremonies, at which the king would be present. As word of Parliament and the king's deaths spread, an uprising would begin in other parts of England. Everything was set by July 20, 1605, but the opening of Parliament was delayed by the plague, and it was rescheduled for November.

As the date approached, one of the conspirators, in worry for fellow Catholics who would be present, sent out at least one warning note. Receiving one of the notes, on October 26, Lord Monteagle took it and warned the crown. Despite knowing they were compromised, the conspirators continued with their plans.

On November 5, 1605, the day Parliament had been rescheduled to open, the basements of Parliament were searched by royal decree. Guards found Guy Fawkes there with a couple dozen barrels of gunpowder, under his guard. The Gunpowder Plot had been stopped and Parliament and King James I had been saved.

Fawkes became one of the key faces of the act, and for centuries was reviled as a traitor. Even Colonial American rebels, fighting for their independence, considered Fawkes something to be abhorred.

It wasn't until 1841 that he was portrayed from a sympathetic light, in Guy Fawkes; or, The Gunpowder Treason, by William Harrison Ainsworth. Then in 1905, a series of penny novels and children's books brought him out as an action hero. In 2005, the movie V for Vendetta sought to show him as a patriot hero. Now copies of the Guy Fawkes mask are used in protests around the world, as a symbol of fighting against tyranny. Hacker group Anonymous and the Occupy movements, most often use them.

Certainly the image of Fawkes has under gone some changes throughout history. Ironically, in his changed form, he looks to outlive the facts of what actually occurred. Historically, Guy Fawkes was a religious terrorist. But the masses seem to be more and more making a hero of him.

Kuwaiti Police Disperse and Arrest Protesters

Thousands of protesters blocked the main artery into Kuwait City, Sunday.

They were protesting a new electoral law that the emir put in place, less than two months before new elections.

After they refused to move out of the way, the military was called in.

With the military at their backs, riot police moved in on the protesters with smoke bombs, tear gas, and stun grenades.

Police then arrested anyone who did not get away from them.

Security forces had blocked two different locations which were the original site and alternate site for the protest.

The Arkells and Lights at Summit Music Hall

Photo by Janice Scott

Saturday night Toronto artist Lights played at the Summit Music Hall, in Denver. Opening for her were the Arkells, out of Hamilton, Ontario.

For those who haven't heard of Lights, she is an amazing artist who's albums have each had very different sounds. We are very much looking forward to what her next album will bring.

It was our first time at Summit Music Hall, and we greatly enjoyed the seats we were able to grab, right behind the sound booth. Though we didn't try the food, they do have a kitchen available, as well as a full bar.

We were however very disappointed when security did not allow us to go the merchandise tables, after the concert. Apparently management has a music is over, get out policy.

Photo by Janice Scott

The Arkells opened up with some great energy, firing up an already enlivened crowd.

With their lead singer's Prince like looks and non stop movement from their amazing pianist, they brought a sound, partly reminiscent of the eighties combined with modern alternative, that you can't help but move to the beat of.

Our personal favorite of theirs was "Where U Goin?" We will definitely be purchasing their albums.

Photo by Janice Scott

Lights, well she was simply spectacular. Her energy was beyond infectious, and by the end of her first song, new comers to her music were declaring themselves fans.

Playing a mix of songs from both her Siberia and The Listening albums, she truly rocked the crowd. Pretty much every song had the entire audience singing along, especially the older songs from The Listening.

Her amazing voice hit levels that enraptured the crowd into screams, during Savior. And the crowd's only complaint, about her performance, was that it ended. Go see her as soon as you get a chance.

She is set to begin work on her next album, after this current tour ends. We can only guess as to what amazing sounds she'll bring with that album.