Why Voting Integrity Requires Proof Positive

Recently I wrote, “Mailing out ballots to inactive voters is an open invitation to voter fraud.”

This prompted leftist gadfly Alan Franklin to reply in a series of Twitter posts, “[I]f mailing ballots to inactives is ‘an open invitation to voter fraud,’ I assume you have… evidence of that? … Because if you have no evidence… you’re just another clown using baseless scare tactics. You know that, right?” He further claimed that I’m using “baseless scare tactics to stop ballots from going to voters” and “[t]echnicalities to suppress voting.”

This is a serious topic that deserves serious consideration (as opposed to Franklin’s ad hominem attacks).

The principle involved here is that the onus of proof lies on the one making an assertion. So if someone were to falsely accuse Franklin of theft, he could sensibly reply, “You have no evidence that I’ve committed theft; therefore, your accusation is groundless.”

Does a voting system likewise require positive proof of fraud before that system may be declared unsound and prone to fraud? No. The difference is that voting is the positive evidence required for an election result, and that positive evidence must be collected and presented according to reasonable standards of integrity.

To return to the example of falsely accusing someone of theft, imagine the following discussion:

Ben: “You are a thief”
Alan “No, I’m not. You have no evidence of that, and you are lying.”
Ben: “But you have no evidence that I’m lying, so therefore you are a thief!”

The problem is that Ben bears the burden of proving that Alan is a thief. Ben cannot throw the burden of proof back onto Alan.

Likewise, the voting system bears of burden of proving which candidate (or side) earned the specified number of votes. One cannot reasonably accept just any system of voting based on the claim, “Well, you have no evidence there’s anything wrong with this system.” Voting requires positive evidence that it yields accurate results.

Imagine some different scenarios that illustrate this principle.

In Country P, the dictator says, “I am the rightful ruler of this country, because the people support me!” If a critic were to answer, “There’s no good reason to think the people support you; why not throw the question up for a fair and open election?” What we we say if the dictator answered, “I know my people, and I know they support me. You have no evidence that there’s anything fraudulent about my claim, you clown!”

But let’s say we could persuade the dictator that an actual vote by the reasonably qualified electorate would better determine which leader has the majority’s support. The dictator says, “I have collected all the ballots, and I have counted them myself, and I am the clear winner.” If the critic were to reply, “It’s not good enough for you to count the ballots yourself, because you have a strong incentive to miscount or ‘lose’ the ballots you don’t like. Therefore, the ballots must be counted in an open and verifiable way.” Again we would not be persuaded if the dictator replied, “You have no evidence that my vote count is flawed, you clown!”

Let’s switch the scenario to something more like our actual system. Suppose the Secretary of State issued the following proclamation: “I am standing up to the opposition’s voter suppression machine! I want to ensure that every qualified voter has an opportunity to cast a ballot. Therefore, I am mailing ten copies of the ballot to every residential address in Colorado, to ensure there are plenty of ballots to go around to all qualified voters. Moreover, people can also walk into my office, without any identification (because demanding ID would make me part of the voter suppression machine!), and request all the extra ballots they may need for themselves and others they know who are qualified voters.”

A critic might argue, “But, Secretary, such a system would be an open invitation to fraud!” What would we think of a Secretary who answered, “You have no evidence that such a system would result in fraud, you clown!” It would quickly become clear which party more closely resembles a clown.

A voting system requires positive proof that only qualified voters cast ballots, and that each voter casts only one ballot per election. You can’t just mail out ballots to everybody in the state. You can’t just let everybody wander in off the streets to vote, without identification.

Mailing ballots to inactive voters clearly fails the test of voting integrity. Often voters become inactive because they move out of state. Mailing ballots to those old addresses, absent any additional evidence that the voter actually lives there, is just asking for fraud. Setting up a system of voting that easily allows fraud is stupid and contrary to the very purpose of voting.

(Remember that inactive voters easily can reactivate themselves.)

Indeed, I worry that the entire strategy of mailing out ballots invites fraud. How many elderly voters get a little “help” from their activist grandchildren? How many people cast ballots that aren’t actually theirs? We do not know. It is impossible to know. And the absence of proof of voting integrity is the problem.

If we are going to maintain the system of mailed ballots, at least that system must include basic safeguards to prevent the worst and most obvious invitations to fraud.

Far better is to return to the polling place. (Note that there could even be a roving polling facility for the physically incapacitated.) Then voters can show their ID at the door. It’s clear that one voter casts one vote by his or her choice. That provides positive proof that the election is fair. Would that result in fewer people voting? Probably. But if you can’t be bothered to put in the minimal effort required to ensure voting integrity, seriously do you have any businesses helping to determine the future of our civilization?