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<v Speaker 1>And we are back with another edition of the Federalist

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<v Speaker 1>Radio Hour. I'm Matt Kittle, Senior Elections correspondent at the

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<v Speaker 1>Federalist and your experience shirpa on today's quest for Knowledge.

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<v Speaker 1>As always, you can email the show at radio at

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<v Speaker 1>the Federalist dot com, follow us on exit FDRLST, make

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<v Speaker 1>sure to subscribe wherever you download your podcast, and of

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<v Speaker 1>course to the premium version of our website as well.

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<v Speaker 1>Our guest today is Jay Christian Adams, President and General

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<v Speaker 1>Counsel for the Public Interest Legal Foundation, and we talk

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<v Speaker 1>about the critical topic of election integrity and the battles

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<v Speaker 1>ahead in this critical midterm election year. Christian, thank you

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<v Speaker 1>so much for it for joining us in this edition

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<v Speaker 1>at the Federalist Radio Hour.

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<v Speaker 2>Thank you so much for having me. Great to be here.

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<v Speaker 1>Absolutely, we have a lot of ground to cover. As

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<v Speaker 1>they used to say in the Smoky and the Bandits song,

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<v Speaker 1>We've got a long way to go, but a short

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<v Speaker 1>time to get there, or something like that. We're beginning

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<v Speaker 1>our conversation today with the big story, a Supreme Court

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<v Speaker 1>decision that I think will have a significant effect moving forward.

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<v Speaker 1>It addresses standing of political candidates. The Supreme Court ruling

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<v Speaker 1>on that case. As we speak, I was wondering if

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<v Speaker 1>we could delve into that and what that will all

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<v Speaker 1>mean moving forward.

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<v Speaker 3>Yeah, So it's the Boss case was decided by the

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<v Speaker 3>Supreme Court effectively, I think four to two to two.

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<v Speaker 3>And the big issue there that's important is who can

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<v Speaker 3>sue for violations of election law.

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<v Speaker 2>Good news.

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<v Speaker 3>There's good news and bad news, just so we can

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<v Speaker 3>do both. The good news is this expands the universe

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<v Speaker 3>of people who can bring a lawsuit to candidates. In

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<v Speaker 3>other words, if you're running for Congress and an election

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<v Speaker 3>law is being broken, then you can sue. I get that.

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<v Speaker 3>That's a good thing that the Supreme Court ruled the

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<v Speaker 3>way it did and said candidates can sue. What's a

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<v Speaker 3>little important to understand on the other side of the

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<v Speaker 3>ledger is this probably we need a lot more than

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<v Speaker 3>just candidates having the right to sue.

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<v Speaker 2>The public.

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<v Speaker 3>Interlegal Foundation files lawsuits. We filed a lawsuit exactly like

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<v Speaker 3>this case actually in North Dakota challenging their acceptance of

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<v Speaker 3>mail balance late and we lost on standing just like

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<v Speaker 3>Judicial Watch did in Illinois. On today's case, and ours

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<v Speaker 3>is not a candidate. It was essentially an election official.

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<v Speaker 3>So the standing issue at is a big deal. It

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<v Speaker 3>needs to go further. Today was a good step in

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<v Speaker 3>the right.

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<v Speaker 1>To It is a huge issue. And I'm thinking too,

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<v Speaker 1>it wasn't settled today, but there were lawsuits in the

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<v Speaker 1>last election cycle about state senators or lawmakers having standing

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<v Speaker 1>in these issues, and we saw a pretty famous Pennsylvania

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<v Speaker 1>case stalled out on that front. Where do you think

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<v Speaker 1>that is heading for these others like lawmakers who file

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<v Speaker 1>lawsuits in these election cases.

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<v Speaker 2>Yeah, well that's what the Supreme Court resolved.

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<v Speaker 3>It's settled now in the Boss case bost by the

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<v Speaker 3>way that a candidate would have standing. That's what the

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<v Speaker 3>big opinion was the Supreme Court. Now, it was a

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<v Speaker 3>fractured opinion. Amy Cony, Barrett and Kagan disagreed with it

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<v Speaker 3>and said, yes, they're standing for this particular person, but

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<v Speaker 3>it's because they're wasting and spending money after.

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<v Speaker 2>The election to make sure the law was followed to

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<v Speaker 2>you know.

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<v Speaker 3>Send observers and that kind of So they kind of

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<v Speaker 3>had dollar bill standing in the concurrence, and of course

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<v Speaker 3>two justices dissented said there is no standing. You're going

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<v Speaker 3>to open up the floodgates to crazy people like the

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<v Speaker 3>normal stuff.

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<v Speaker 2>And so it was essentially a four too two opinion.

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<v Speaker 1>Yeah. No, I think I didn't ask that question correctly.

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<v Speaker 1>I know that the candidates now have standing according to

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<v Speaker 1>the Supreme Court. But in the last elections, and we've

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<v Speaker 1>seen this before, legislatures have sued collectively or many members

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<v Speaker 1>of a state legislature have sued in an election dispute,

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<v Speaker 1>and particularly election integrity questions. In a case in Pennsylvania

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<v Speaker 1>comes to mind, where you had a federal judge there

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<v Speaker 1>say I'm sorry, we rely on these previous cases to

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<v Speaker 1>assert that legislation, legislators, the legislature does not have standing

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<v Speaker 1>in the these cases because of you know, a lot

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<v Speaker 1>of different things. I don't think this case dealt with that.

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<v Speaker 1>Where do you think that might be heading based on

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<v Speaker 1>and perhaps informed by this Supreme Court case?

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<v Speaker 3>Yeah, terrific question. My apologies. I'd assumed in your question

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<v Speaker 3>the legislators were on the ballot, right, and that's the difference.

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<v Speaker 2>So you're exactly right.

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<v Speaker 3>This case does not say legislators have standing simply because

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<v Speaker 3>they're legislators. If they were candidates, they would have standing.

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<v Speaker 3>But if there's simply legislators who aren't on the ballot

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<v Speaker 3>that is unchanged.

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<v Speaker 1>All right, gotcha? And again the Supreme Court kind of

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<v Speaker 1>paused on that. One would say, maybe bulk at that

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<v Speaker 1>and we'll see perhaps down the road. Now we are

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<v Speaker 1>in another critical It sounds hyperbolic to say that every

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<v Speaker 1>election cycle is critical. If you look at it from

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<v Speaker 1>the point of view of do you want to save

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<v Speaker 1>this republic? That's pretty critical. So all of that said,

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<v Speaker 1>what do you see at PILF as being the biggest

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<v Speaker 1>election integrity issues as we head into the twenty twenty

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<v Speaker 1>six mid term election year.

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<v Speaker 3>Yeah, I got to tell you it's related to the

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<v Speaker 3>Supreme Court case, which this case didn't reach the bigger issue.

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<v Speaker 3>It only reached the small issue of whether Cannon set standing,

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<v Speaker 3>And that's the federal law that requires male ballots or

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<v Speaker 3>ballots to be received by election day. That's the underlying

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<v Speaker 3>litigation and boss that was not touched by the Supreme Court.

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<v Speaker 3>And I think that late arriving ballots that cause late

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<v Speaker 3>announcements of winners is the single most destabilizing component of

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<v Speaker 3>American elections. It's destabilizing to the country. I think it

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<v Speaker 3>creates doubt, it invites mischief, and that issue is going

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<v Speaker 3>Supreme Court in another case that will hopefully be resolved

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<v Speaker 3>well before election day.

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<v Speaker 1>Yeah, that is critical. I know that you folks have

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<v Speaker 1>been dealing with this for a long time. Ask some

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<v Speaker 1>of the candidates in Nevada how critical that was. There's

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<v Speaker 1>a gentleman who ran for Senate a few years back

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<v Speaker 1>who can tell you all about that. But it's not

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<v Speaker 1>just there, it's California, it's in so many different states.

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<v Speaker 1>Where do you think that case will end up given

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<v Speaker 1>what you've seen so far.

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<v Speaker 3>Yeah, it's a great question, and it's a statutory text question.

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<v Speaker 3>The question is does federal law require all ballots to

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<v Speaker 3>be in by election day? That's the issue before the

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<v Speaker 3>Supreme Court, and the statute says election day they have

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<v Speaker 3>to be cast by election day.

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<v Speaker 2>And so it's going to turn on what the meaning

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<v Speaker 2>of cast is.

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<v Speaker 3>And I think that cast means you're gets dropped in

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<v Speaker 3>the official basket.

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<v Speaker 2>It doesn't mean it gets dropped in the mailbox, are

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<v Speaker 2>given to.

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<v Speaker 3>Some contractor who comes to your front porch and takes

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<v Speaker 3>the mail away.

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<v Speaker 2>And so I think that it's huge.

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<v Speaker 3>I think it's probably going to come out the right way,

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<v Speaker 3>but I certainly won't want to bet put all my chips.

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<v Speaker 2>In the center of the table.

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<v Speaker 1>At the same time, we have to think about the

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<v Speaker 1>dirty voter rolls out there. That's something the Public Interest

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<v Speaker 1>Legal Foundation has thought a lot about over the years.

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<v Speaker 1>You've got a lot of cases in motion right now.

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<v Speaker 1>We have seen some really awfully dirty voter rolls and

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<v Speaker 1>the fruits of those voter rules. Of course in the

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<v Speaker 1>last couple of years. In particular, where does that stand

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<v Speaker 1>and where do your legal actions stand on that front?

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<v Speaker 3>Well, I got some bad news there the Six Circuit

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<v Speaker 3>Court of Appeals in the case we brought against Joscelyn

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<v Speaker 3>Benson in Michigan, we're having twenty five thousand dead people

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<v Speaker 3>on the active voter rolls, which is barely subject to dispute.

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<v Speaker 3>It's lock solid evidence. The Sixth Circuits said, Hey, states

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<v Speaker 3>don't really have to be effective in how they clean

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<v Speaker 3>the roles. They just have to try to. And we're like, Nope,

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<v Speaker 3>that's not what the law says. And this we have

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<v Speaker 3>a petition with the US Supreme Court. If the Supreme

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<v Speaker 3>Court doesn't take the case, guys, there is a court

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<v Speaker 3>decision by the Six Circuit Court.

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<v Speaker 2>Of Appeals that says states really.

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<v Speaker 3>Don't have an obligation to keep clean voter rolls, and

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<v Speaker 3>so this is a huge issue. I think some Republican

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<v Speaker 3>Party groups helped us, but we didn't get enough. We

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<v Speaker 3>didn't get it much in the way of broad energy

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<v Speaker 3>on this. Nobody from Michigan. Nobody, And it's sort of

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<v Speaker 3>sort of discouraging because this is the ballgame whether we're

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<v Speaker 3>going to have clean voter roles or not.

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<v Speaker 1>Why is that? Why didn't you get that energetic response?

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<v Speaker 1>I mean, is really where the rubber meets the road

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<v Speaker 1>in terms of election integrity?

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<v Speaker 2>I don't know, I really don't.

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<v Speaker 3>Maybe that's something you can do a show on and

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<v Speaker 3>ask the people who should have But it's discouraging. Look,

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<v Speaker 3>all we can do is try as hard as we can.

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<v Speaker 3>We litigated this. We went to the grave sites of

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<v Speaker 3>the voters. We visited them in the graveyard with video.

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<v Speaker 3>You can go to Public Interest Legal Foundation and google

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<v Speaker 3>Michigan video graveyard.

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<v Speaker 2>We actually went to the site.

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<v Speaker 3>Some of these people have been dead since the nineties

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<v Speaker 3>and they're still in the active voter rolls.

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<v Speaker 1>Well, what is the argument from Joscelyn Benson. I'm again,

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<v Speaker 1>like a mediocre attorney. I know the answer to this,

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<v Speaker 1>But what is the answer from the Joscelyn Benson's of

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<v Speaker 1>the world, who, by the way, want to move from

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<v Speaker 1>Secretary of State to be the next governor of Michigan.

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<v Speaker 1>Keep that scary thought in mind, But how do they

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<v Speaker 1>justify these dirty voter rolls?

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<v Speaker 3>So there's two ways they do. The first is the

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<v Speaker 3>proportionality way. They say, hey, this is only twenty five

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<v Speaker 3>thousand dead people on the active roles out of six millions,

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<v Speaker 3>so we're and we removed one hundred and fifty thousand

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<v Speaker 3>dead people last year, so we're making a reasonable effort

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<v Speaker 3>to keep the roles clean.

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<v Speaker 1>Go away.

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<v Speaker 3>That's the first argument. It's a tiny fraction of the problem,

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<v Speaker 3>and they removed a bunch of people. The second argument

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<v Speaker 3>they're making is the law doesn't require them to be effective.

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<v Speaker 3>It just requires them to give it the old college

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<v Speaker 3>try and if they fail, oh well they're not liable.

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<v Speaker 3>And so those are the two arguments. And you could

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<v Speaker 3>see how if these two arguments got legs, which they're getting,

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<v Speaker 3>it's going to affect the entire country, not just Michigan.

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<v Speaker 1>Yeah, no doubt about it, because every state that doesn't

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<v Speaker 1>value election integrity and quite frankly, Let's be honest here.

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<v Speaker 1>They want to use dirty voter rolls to the advantage

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<v Speaker 1>of their political favorites. They're going to not only can

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<v Speaker 1>you need to do this, but they're going to, you know,

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<v Speaker 1>expand the issue, and that becomes very critical in twenty

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<v Speaker 1>twenty six. So I ask you that in this vein,

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<v Speaker 1>do you believe that we are going to see without

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<v Speaker 1>COVID But who knows the kind of nonsense that we

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<v Speaker 1>saw in twenty twenty because the left sure seems desperate

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<v Speaker 1>to me.

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<v Speaker 3>Yeah, Look, the good news is I don't think we're

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<v Speaker 3>ever going to see anything like we did in twenty twenty.

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<v Speaker 3>We didn't see it in twenty twenty four, we didn't

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<v Speaker 3>see it in twenty twenty two.

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<v Speaker 2>Twenty twenty is going to go down.

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<v Speaker 3>In history as the year the guardrails were taken down

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<v Speaker 3>and all of the nonsense that occurred in violating state laws,

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<v Speaker 3>suspending state laws. You know, sometimes courts signed off on that.

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<v Speaker 3>But the point is, I don't think we're going to

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<v Speaker 3>see that again. The Left pulled off and inside right

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<v Speaker 3>that year, and too much effort has gone into making

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<v Speaker 3>sure it never happens again.

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<v Speaker 1>What is the status of the save Act that certainly

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<v Speaker 1>ties into the voter roles. And yeah, the Save Act.

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<v Speaker 1>You know, the idea that the vast majority of Americans

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<v Speaker 1>agree with is that you have to be a US

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<v Speaker 1>citizen to vote in a US election, and it requires

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<v Speaker 1>you know, documented proof of that fact. Is it has

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<v Speaker 1>passed in the House. It has been stalled in the Senate.

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<v Speaker 1>Do you know why and what is the status of

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<v Speaker 1>the Save Act right now as we get closer and

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<v Speaker 1>closer to voting in this midterm.

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<v Speaker 3>Well, my understanding is it just doesn't have the votes

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<v Speaker 3>in the Senate, that it just doesn't have the votes

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<v Speaker 3>necessary to pass. And so, you know, I'm not close

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<v Speaker 3>enough to Senate issues on this that I can tell

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<v Speaker 3>you why that is. But at least my understanding is

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<v Speaker 3>it's just a game of math.

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<v Speaker 1>I am curious though, I've heard that there are some

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<v Speaker 1>Republicans who do not support this basic constitutional issue, this

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<v Speaker 1>basic election integrity issue, and that baffles me as well.

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<v Speaker 4>Well. Washington's housing fixes backfire. The watch Doot on Wall

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<v Speaker 4>Street podcast with Chris Markowski. Every day, Chris helps unpack

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<v Speaker 4>the connection between politics and the economy and how it

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<v Speaker 4>affects your wallet. Trump plans on purchasing billions and mortgage

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<v Speaker 4>backed securities, as well as allowing people to use retirement

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<v Speaker 4>to make down payments. Does adding more cash bring down

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<v Speaker 4>the price or at fuel to the fire. Whether it's

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<v Speaker 4>happening in DC or down on Wall Street, it's affecting

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<v Speaker 4>you financially.

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<v Speaker 1>Be informed.

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<v Speaker 4>Check out the Watchdot on Wall Street podcast with Chris

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<v Speaker 4>Markowski on Apple, Spotify, or wherever you get your podcasts.

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<v Speaker 1>What are the other big issues that you will be

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<v Speaker 1>fighting in court this year? I know you have sent

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<v Speaker 1>out a number of warning letters and letters too. Your

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<v Speaker 1>lead researcher, Logan Churchill has written plenty of these saying hey,

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<v Speaker 1>we can help you with this. A secretary of state

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<v Speaker 1>elect state election official, we can get you in compliance

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<v Speaker 1>with election law election integrity. What kind of issues are

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<v Speaker 1>you you're delving into.

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<v Speaker 3>Yeah, so one is we're dealing with the race base

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<v Speaker 3>for districting in California. We have a lawsuit against California

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<v Speaker 3>there where the new congressional maps are jerry rigging the

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<v Speaker 3>system to create race districts. We're also looking at a

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<v Speaker 3>secret ballot in Texas. We have a lawsuit being argued

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<v Speaker 3>this week there as to whether you have a right

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<v Speaker 3>to actually have a secret ballot. I know that sounds shocking,

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<v Speaker 3>but it hangs in the balance. And then there's the

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<v Speaker 3>whole voter roll problem around the country. We continue to

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<v Speaker 3>spend money and time to find dead people, people who

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<v Speaker 3>moved away in the voter roles and make the data

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<v Speaker 3>available to election officials. It's it's something that is fixable,

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<v Speaker 3>and it's something that everybody should agree needs to be improved.

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<v Speaker 1>Where does that California issue stand? And I asked that

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<v Speaker 1>in the main, there are a lot of liberal states

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<v Speaker 1>looking to you know, rig their maps so that they

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<v Speaker 1>can they can grab more congressional seats. Where does your

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<v Speaker 1>lawsuits stand? Where does the issue stand? In general?

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<v Speaker 3>Yeah, it's it's in the hands of a federal court,

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<v Speaker 3>three judge panel. Actually, when you do a challenge like this,

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<v Speaker 3>you get three federal judges and.

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<v Speaker 2>You know where it stands.

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<v Speaker 3>As like, we're in the middle of combat with litigation

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<v Speaker 3>with California, and hopefully, you know, we get some good

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<v Speaker 3>news from the Supreme Court on another redistricting case shorty

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<v Speaker 3>called Louisiana versus Cala, which has a brief in there,

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<v Speaker 3>and hopefully redistricting law moves in a better direction this

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<v Speaker 3>calendar year.

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<v Speaker 2>You bet.

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<v Speaker 1>Our guest today is Jay Christian Adams, President and General

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<v Speaker 1>counsel for the Public Interest Legal Foundation, talking election integrity,

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<v Speaker 1>all the battles ahead in this critical midterm election year.

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<v Speaker 1>Will A lot has changed since the election of twenty twenty.

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<v Speaker 1>We are seeing citizen only voting laws in place or

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<v Speaker 1>amendments to constitutions, a growing movement on that front. Are

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<v Speaker 1>we going to see the movement at least in these

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<v Speaker 1>blue states that didn't change these issues? Are we going

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<v Speaker 1>to see a bigger movement with liberal election offices working

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<v Speaker 1>with far left non profits so to speak, so called

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<v Speaker 1>nonpartisan election groups.

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<v Speaker 3>Yeah, great question, And two things of note. First of all,

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<v Speaker 3>a PILF has been doing a deep dive into the

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<v Speaker 3>personnel in a very blue state's election offices, and we've

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<v Speaker 3>been harvesting resumes and we will eventually have a more

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<v Speaker 3>comprehensive report, but I can tell you from a preliminary standpoint,

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<v Speaker 3>it really makes it hard to have a lot of

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<v Speaker 3>confidence in these election offices while we're seeing. The other

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<v Speaker 3>thing that's happening is states are passing these mini voting

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<v Speaker 3>rights acts like New York did, Virginia did, California did

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<v Speaker 3>to radicalize election law in these states, so like lock

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<v Speaker 3>it down, like this is never changing, We're always going

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<v Speaker 3>to be hyper progressive, crazy and at a challenge to

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<v Speaker 3>Some of these voting rights acts on stay level really

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<v Speaker 3>need to be made and we look forward to doing that.

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<v Speaker 1>Well, let's go into detail on some of those, because

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<v Speaker 1>what these politicians and these activist groups are calling voter

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<v Speaker 1>rights acts is just a lot of times and end

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<v Speaker 1>around to you know, basic election integrity rules, basic integrity laws.

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<v Speaker 1>What are they trying to do in some of these states.

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<v Speaker 3>Well, two things they do, of note they do a

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<v Speaker 3>lot more than that, but I'll just give you two.

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<v Speaker 3>One is they make race the center of state election law.

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<v Speaker 2>In other words, you can bring.

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<v Speaker 3>These cases to demand race based districts like I want

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<v Speaker 3>a black district for Congress, I want to well Congress

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<v Speaker 3>and even down to school board, and they dispense with

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<v Speaker 3>the federal rule. They get rid of the federal rule,

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<v Speaker 3>which is really hard to satisfy. It's a really complicated

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<v Speaker 3>way to do it, and they make it really super easy.

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<v Speaker 3>So what happens is you create all these race based

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<v Speaker 3>districts under state law. That's the first thing The second

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<v Speaker 3>thing they do is they give state attorneys general, the

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<v Speaker 3>bureaucrats in the state, basically the oversight power to review

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<v Speaker 3>everything that the local jurisdictions do about elections. You know,

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<v Speaker 3>if they want to change the time and place of

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<v Speaker 3>the office being open, changing a polling place, everything that

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<v Speaker 3>goes into state elections. These bureaucrats in Albany, Sacramento, they

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<v Speaker 3>get to veto at all, and that allows manipulation by

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<v Speaker 3>state employees in the process.

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<v Speaker 1>Well, now, wait a minute, I thought liberals Democrats weren't

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<v Speaker 1>all that keen on states' rights. It seemed like it.

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<v Speaker 1>For a long time. It was always federal central authority.

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<v Speaker 1>What changed there?

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<v Speaker 3>Well, look, they know that in places like New York

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<v Speaker 3>and Massachusetts and California and Minnesota, they love state power

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<v Speaker 3>because they're always.

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<v Speaker 2>Going to be in power.

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<v Speaker 3>Right Maryland, These are places where progressive is a culture

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<v Speaker 3>and there's no there's no competing political ideology. It's a

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<v Speaker 3>one party state, and so why not be in favor

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<v Speaker 3>of state power when you got the power.

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<v Speaker 2>Yeah.

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<v Speaker 1>Indeed, here's the headline from the Associated Press as we

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<v Speaker 1>talk today. Democrats will spend millions to shift voter registration

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<v Speaker 1>strategy ahead of the midterm elections, kind of what we

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<v Speaker 1>were talking about before. The Democratic National Committee will spend

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<v Speaker 1>millions of dollars to cement control of voter registration efforts

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<v Speaker 1>that have traditionally been entrusted to nonprofit advocacy groups and

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<v Speaker 1>individual political campaigns, a shift that party leaders hope will

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<v Speaker 1>increase their chances. What do you think about all of that?

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<v Speaker 3>Yeah, Look, this has been going on in small measure

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<v Speaker 3>all around the country. I mean, one example, the fight

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<v Speaker 3>was Texas where pardon these people went out to do

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<v Speaker 3>voter registration and they were putting on bad registrations, like

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<v Speaker 3>the fake registrations, and Texas passed the law that said,

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<v Speaker 3>if you want to sign people up to vote, you

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<v Speaker 3>have to go through training, you have to show you

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<v Speaker 3>know the law. And of course what happens next, Texas

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<v Speaker 3>got sued over this law like hey, this is suppression.

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<v Speaker 3>Well the Planner's lost, Texas won. But the same fight

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<v Speaker 3>is taking place around the country where the registration process

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<v Speaker 3>has basically been outsourced to activist groups.

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<v Speaker 1>And we've gone down this road before, where you know,

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<v Speaker 1>you have activist groups trying to you know, trying to

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<v Speaker 1>register voters, trying to register the kind of voter they

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<v Speaker 1>want to turn out. But at one point, of course,

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<v Speaker 1>they were deeply embedded in some of our election offices.

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<v Speaker 1>You know, we saw that certainly in twenty twenty where

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<v Speaker 1>you had a Democrat Party operative in Wisconsin working inside

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<v Speaker 1>Green Bay Office election office there and working alongside with

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<v Speaker 1>the largest blue cities. Do you see that happening again?

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<v Speaker 1>I know there have been some changes in the laws

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<v Speaker 1>on that front.

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<v Speaker 2>Oh for sure.

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<v Speaker 3>I mean, look, some of these election offices in Richmond,

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<v Speaker 3>or at least they were, are populated by volunteers parachuted

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<v Speaker 3>in from activists left as five to one C three

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<v Speaker 3>groups to work inside the election offices.

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<v Speaker 2>This is not a shocker.

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<v Speaker 3>This is the standard operating procedure in a bunch of

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<v Speaker 3>state capitals around the country. And I know people were shocked, like, well,

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<v Speaker 3>who would ever do that for free? Well, they do

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<v Speaker 3>it for free. They parachute people in.

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<v Speaker 1>That leads us to ballot harvesting. You know has dealt

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<v Speaker 1>with this in the past. How big a role will

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<v Speaker 1>ballot harvesting play in the twenty twenty six midterms.

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<v Speaker 3>Well, it depends on which state. A lot of states

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<v Speaker 3>have curtailed it. A lot of states it's a culture.

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<v Speaker 3>Some states have made changes, like Mississippi has it is

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<v Speaker 3>less of a problem than it was in the past.

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<v Speaker 1>You're hearing a lot, interestingly from liberals from the Democrat

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<v Speaker 1>Party about twenty twenty six and how the election might

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<v Speaker 1>not just be fair because you have Donald Trump in office.

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<v Speaker 1>You know, according to the left, he's the biggest threat

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<v Speaker 1>to democracy out there. And they're certainly using terms like

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<v Speaker 1>fascist and what have you. You know, they're talking about

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<v Speaker 1>the R word here, Christian. They're saying, we're really worried

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<v Speaker 1>that the twenty twenty six mid terms could be rigged

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<v Speaker 1>by Trump and Republicans. Isn't that quite a change from

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<v Speaker 1>when there were a lot of folks, including yourself, who

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<v Speaker 1>raised questions about certainly the many irregularities of twenty twenty Yeah.

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<v Speaker 3>I really sincerely hope as we move forward as a

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<v Speaker 3>country that these sorts of claims become very out of fashion.

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<v Speaker 3>It's like a slinky or a I don't know. I

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<v Speaker 3>want to do some cultural fun here, like stuff that's

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<v Speaker 3>no longer popular, like some of the records I have

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<v Speaker 3>at home, like the Bay City Rollers.

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<v Speaker 1>S A t U R Day, my friend right right.

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<v Speaker 3>Right, right, right, right, The point is that I'm looking

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<v Speaker 3>forward to the day that the confidence in the system

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<v Speaker 3>is restored, and you know that the pendulum doesn't swing

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<v Speaker 3>back and forth between one and the other.

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<v Speaker 1>Yeah, I think that has changed. I think the polling

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<v Speaker 1>shows it that there still is a good deal of

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<v Speaker 1>distrust in the system. But people feel a lot better

428
00:26:06.680 --> 00:26:10.559
<v Speaker 1>today than they did a few years back, and understandably so.

429
00:26:11.279 --> 00:26:16.559
<v Speaker 1>How much does Congress have Let me ask it straight here,

430
00:26:16.559 --> 00:26:22.200
<v Speaker 1>how much culpability does Congress have in you? The failure

431
00:26:22.440 --> 00:26:25.400
<v Speaker 1>to bring election integrity to the forefront?

432
00:26:25.920 --> 00:26:26.160
<v Speaker 2>Well?

433
00:26:26.240 --> 00:26:30.000
<v Speaker 3>Limited, because remember Congress has limited jurisdictions. Sure, that's how

434
00:26:30.039 --> 00:26:33.920
<v Speaker 3>the founders wanted it. The founders didn't want Congress involved

435
00:26:33.920 --> 00:26:37.079
<v Speaker 3>in state elections. You know there's a reason for that too.

436
00:26:37.119 --> 00:26:39.720
<v Speaker 3>It wasn't just they flipped the coin, do we want

437
00:26:39.759 --> 00:26:42.160
<v Speaker 3>Congress involved or not? Go ahead and mister Adams flip

438
00:26:42.200 --> 00:26:46.839
<v Speaker 3>the coin. No, it was because they knew centralized authority

439
00:26:47.359 --> 00:26:51.240
<v Speaker 3>throughout human history brings disaster. It might start out as

440
00:26:51.279 --> 00:26:53.880
<v Speaker 3>a really good idea, it might start out as really

441
00:26:53.880 --> 00:26:56.359
<v Speaker 3>well attentioned, but it doesn't end up there. And the

442
00:26:56.359 --> 00:27:00.720
<v Speaker 3>founders knew that. So our constitution has a presumption that

443
00:27:00.759 --> 00:27:03.839
<v Speaker 3>the states are in charge, so I can be a

444
00:27:03.880 --> 00:27:07.960
<v Speaker 3>little bit grateful in a way that Congress hasn't addressed

445
00:27:08.000 --> 00:27:13.559
<v Speaker 3>this and states like Mississippi, Texas, Georgia.

446
00:27:13.680 --> 00:27:17.200
<v Speaker 2>I'm just rattling off some great laws Florida.

447
00:27:18.519 --> 00:27:22.599
<v Speaker 3>Florida passed a lot of great stuff that these laws

448
00:27:22.640 --> 00:27:25.079
<v Speaker 3>are being passed. And look, I know people listening in

449
00:27:25.160 --> 00:27:29.279
<v Speaker 3>Minnesota or Massachusetts or Maine might be saying.

450
00:27:29.119 --> 00:27:29.839
<v Speaker 2>What about US.

451
00:27:30.720 --> 00:27:33.119
<v Speaker 3>I get it, But this is a decision made in

452
00:27:33.160 --> 00:27:38.960
<v Speaker 3>seventeen eighty seven and the founders were worried about not

453
00:27:39.079 --> 00:27:42.400
<v Speaker 3>holding elections, and so they put the Election's clause in

454
00:27:42.440 --> 00:27:48.079
<v Speaker 3>the Constitution. We should use that power very sparingly.

455
00:27:49.799 --> 00:27:53.359
<v Speaker 1>Indeed, are there some areas though, in that Congress does

456
00:27:53.440 --> 00:27:58.680
<v Speaker 1>have authority and they've kind of stepped aside or abdicated

457
00:27:58.680 --> 00:27:59.319
<v Speaker 1>that authority.

458
00:27:59.640 --> 00:28:03.720
<v Speaker 3>Well, one area that the congressional authority is going to

459
00:28:03.759 --> 00:28:06.440
<v Speaker 3>impact the country is this election day. Is election day

460
00:28:06.480 --> 00:28:09.599
<v Speaker 3>case that's going to Supreme Court. Congress passed a law

461
00:28:09.640 --> 00:28:13.400
<v Speaker 3>and said ballots must be cast by election day. Okay,

462
00:28:14.160 --> 00:28:17.319
<v Speaker 3>there you go. They've used that power under the elections

463
00:28:17.359 --> 00:28:22.519
<v Speaker 3>clause to opine about what the law is. Now the

464
00:28:22.599 --> 00:28:28.880
<v Speaker 3>question should they change the NVRA that doesn't require Americans

465
00:28:28.920 --> 00:28:32.720
<v Speaker 3>to pay thirty thousand dollars to get the Alabama voter roll, right,

466
00:28:33.039 --> 00:28:37.480
<v Speaker 3>should they change the NVRA that allows electronic records to

467
00:28:37.720 --> 00:28:41.279
<v Speaker 3>be within the scope of what any American can get

468
00:28:41.559 --> 00:28:44.720
<v Speaker 3>from an election office related to list maintenance. There are

469
00:28:44.799 --> 00:28:47.440
<v Speaker 3>some areas around the edges where Congress could help the

470
00:28:47.799 --> 00:28:51.039
<v Speaker 3>process where they've already made the decision to legislate.

471
00:28:51.519 --> 00:28:53.319
<v Speaker 1>Yeah, how is that going? By the way, because PILF

472
00:28:53.319 --> 00:28:56.680
<v Speaker 1>has been very instrumental in a number of states dealing

473
00:28:56.720 --> 00:29:01.720
<v Speaker 1>with the high cost of obtaining voter roles. If let's

474
00:29:01.720 --> 00:29:05.880
<v Speaker 1>be honest, if we can't see those voter roles, it

475
00:29:06.000 --> 00:29:09.880
<v Speaker 1>is very hard to you know, talk about where election

476
00:29:10.000 --> 00:29:13.359
<v Speaker 1>integrity stands, hard to gauge that you have dealt with

477
00:29:13.400 --> 00:29:18.039
<v Speaker 1>some very very expensive costs associated with the voter roles,

478
00:29:18.039 --> 00:29:22.680
<v Speaker 1>both in red and blue states. Where does that stand

479
00:29:22.759 --> 00:29:24.599
<v Speaker 1>right now? And where do you see the fight ahead?

480
00:29:24.880 --> 00:29:30.839
<v Speaker 2>So some good news. PILF has brought and won an

481
00:29:30.839 --> 00:29:31.880
<v Speaker 2>outcome in New.

482
00:29:31.799 --> 00:29:36.319
<v Speaker 3>Mexico where we got the outrageous fee dramatically reduced by

483
00:29:36.400 --> 00:29:40.759
<v Speaker 3>thousands of dollars, and so you can get these records

484
00:29:40.799 --> 00:29:46.359
<v Speaker 3>without paying a king's ransom. Now in New Mexico. I'll

485
00:29:46.359 --> 00:29:51.240
<v Speaker 3>give you some bad news Alabama. Alabama fought really hard

486
00:29:51.599 --> 00:29:54.680
<v Speaker 3>so they didn't have to turn over electronic records, and

487
00:29:54.720 --> 00:29:57.839
<v Speaker 3>they got an eleventh Circuit decision saying so that they

488
00:29:57.839 --> 00:30:00.119
<v Speaker 3>don't have to turn over electronic versions.

489
00:29:59.759 --> 00:30:00.799
<v Speaker 2>Of voter rolls.

490
00:30:01.759 --> 00:30:05.319
<v Speaker 3>And so we said, okay, fine, you won this case

491
00:30:05.400 --> 00:30:08.960
<v Speaker 3>called Greater Birmingham Ministries. By the way, we'll take the

492
00:30:09.279 --> 00:30:11.559
<v Speaker 3>voter roll records in pay per form the way you

493
00:30:11.599 --> 00:30:14.319
<v Speaker 3>said that you prefer it. Well, guess what, they couldn't

494
00:30:14.359 --> 00:30:18.559
<v Speaker 3>do it. They don't have enough paper to print, right.

495
00:30:18.839 --> 00:30:22.119
<v Speaker 3>And so that's a real bad place that I hope

496
00:30:22.160 --> 00:30:26.279
<v Speaker 3>sorts out. But it's one of these examples where you know,

497
00:30:26.400 --> 00:30:28.839
<v Speaker 3>just because it's Alabama, just because it's New Mexico, don't

498
00:30:28.839 --> 00:30:30.119
<v Speaker 3>think that the outcome is good.

499
00:30:30.680 --> 00:30:32.839
<v Speaker 1>Yeah, there are a lot of states too. I remember,

500
00:30:32.839 --> 00:30:36.599
<v Speaker 1>and I'm speaking as an investigative reporter, Wisconsin was an

501
00:30:36.640 --> 00:30:41.039
<v Speaker 1>extremely expensive place. I remember trying this was fifteen plus

502
00:30:41.119 --> 00:30:44.759
<v Speaker 1>years ago, trying to track dead voters on the voter rolls.

503
00:30:45.119 --> 00:30:46.799
<v Speaker 1>And I said, well, sure you can do that, but

504
00:30:46.880 --> 00:30:49.640
<v Speaker 1>it's going to be ten thousand dollars plus a pop.

505
00:30:50.160 --> 00:30:53.839
<v Speaker 1>Well that's very difficult because voter rolls are indeed subject

506
00:30:53.839 --> 00:30:56.920
<v Speaker 1>to change. And if you've got to spend ten thousand

507
00:30:57.000 --> 00:30:59.960
<v Speaker 1>dollars every couple of weeks to get read on voter rolls,

508
00:31:00.640 --> 00:31:04.240
<v Speaker 1>that's going to price certainly the average citizen out of it.

509
00:31:05.240 --> 00:31:08.839
<v Speaker 3>Yeah, and there's something Congress can fix too, if you're

510
00:31:08.880 --> 00:31:11.240
<v Speaker 3>looking for something to fix Wisconsin. By the way, the

511
00:31:11.279 --> 00:31:14.720
<v Speaker 3>reason I say that is Wisconsin's one of six states

512
00:31:14.759 --> 00:31:19.319
<v Speaker 3>exempted under the National Voter Ilellustration Act from transparency. And

513
00:31:19.359 --> 00:31:22.000
<v Speaker 3>we just made arguments in the Seventh Circuit about this

514
00:31:22.279 --> 00:31:23.119
<v Speaker 3>Court of Appeals.

515
00:31:23.599 --> 00:31:24.759
<v Speaker 2>We had a similar case.

516
00:31:24.559 --> 00:31:26.799
<v Speaker 3>In Minnesota that just got argued in the Eighth Circuit

517
00:31:26.799 --> 00:31:29.559
<v Speaker 3>Court of Appeals as to whether or not this exemption

518
00:31:29.680 --> 00:31:35.960
<v Speaker 3>from transparency election transparency under federal law is valid, and we.

519
00:31:35.960 --> 00:31:36.640
<v Speaker 2>Argue it isn't.

520
00:31:36.680 --> 00:31:38.359
<v Speaker 3>We ought to be able to get the records cheap,

521
00:31:38.920 --> 00:31:42.039
<v Speaker 3>But Wisconsin and Minnesota took the opposite argument, and by

522
00:31:42.039 --> 00:31:44.519
<v Speaker 3>the way, so did the US Justice Department. I might add,

523
00:31:45.119 --> 00:31:49.079
<v Speaker 3>they were in court opposing pill on the question of

524
00:31:49.200 --> 00:31:50.880
<v Speaker 3>cheap transparent voter rolls.

525
00:31:51.559 --> 00:31:56.400
<v Speaker 1>Why why on earth ask them? Yeah, I think we should.

526
00:31:56.640 --> 00:32:00.960
<v Speaker 1>I think that I think that the Trump campaign would

527
00:32:01.000 --> 00:32:06.200
<v Speaker 1>certainly appreciate cheaper voter roles like every other campaign on

528
00:32:06.240 --> 00:32:11.720
<v Speaker 1>the right and the left, you know, and obviously government

529
00:32:11.799 --> 00:32:16.799
<v Speaker 1>watchdogs like yourself. Well, end with this final question for you,

530
00:32:16.880 --> 00:32:20.680
<v Speaker 1>as we look ahead at this critical midterm election year.

531
00:32:21.119 --> 00:32:27.720
<v Speaker 1>How confident are you in election integrity in America as

532
00:32:27.720 --> 00:32:29.799
<v Speaker 1>we get closer and closer to election day?

533
00:32:30.160 --> 00:32:32.960
<v Speaker 3>A whole lot more than I was years ago. A

534
00:32:33.000 --> 00:32:36.160
<v Speaker 3>lot of progress has been made. There's so many good

535
00:32:36.240 --> 00:32:40.359
<v Speaker 3>things happening in this space. I have confidence in my

536
00:32:40.519 --> 00:32:44.000
<v Speaker 3>vote being counted, and I think most people hopefully share

537
00:32:44.000 --> 00:32:44.440
<v Speaker 3>that view.

538
00:32:45.680 --> 00:32:47.880
<v Speaker 1>Very good, sir, Well, it's always good to check in

539
00:32:47.920 --> 00:32:50.960
<v Speaker 1>with you. You've got your your finger on the pulse of

540
00:32:51.039 --> 00:32:53.240
<v Speaker 1>what's happening out there in election integrity because you're dealing

541
00:32:53.279 --> 00:32:56.480
<v Speaker 1>with it every day, and I am sure we will

542
00:32:56.480 --> 00:32:59.160
<v Speaker 1>talk often this year. All right, thank you for having

543
00:32:59.200 --> 00:33:03.839
<v Speaker 1>mesolutely anytime. Our guests today, Jay Christian Adams, President and

544
00:33:04.000 --> 00:33:08.599
<v Speaker 1>General Counsel for the Public Interest Legal Foundation, about the

545
00:33:08.640 --> 00:33:13.359
<v Speaker 1>election integrity battles ahead. You've been listening to another edition

546
00:33:13.400 --> 00:33:16.799
<v Speaker 1>of the Federalist Radio Hour. I'm Matt Kittle, senior elections

547
00:33:16.839 --> 00:33:20.079
<v Speaker 1>correspondent at the Federalist. We'll be back soon with more.

548
00:33:20.519 --> 00:33:24.200
<v Speaker 1>Until then, stay lovers of freedom. I'm anxious for the

549
00:33:24.200 --> 00:33:24.480
<v Speaker 1>pray
