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  1. #1
    Super Moderator Newmexican's Avatar
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    Is the Texas Secretary of State Encouraging Voter Fraud?

    The "Rights" page of the Secretary of State's website fails to mention that if you are not a citizen of the US you can not vote in a Federal election.

    Or, is 18 U.S.C. § 1015 : US Code - Section 1015: Naturalization, citizenship or alien registry, another law that the Federal Government is failing to enforce?

    Your Rights


    HEY, YOU HAVE RIGHTS!


    As a registered voter in Texas, you have the right to:
    • A ballot with written instructions on how to cast a ballot.
    • Ask the polling place official for instructions on how to cast a ballot (but not suggestions on how to vote).
    • Cast your vote in secret and free from intimidation.
    • Receive up to two more ballots if you make a mistake while marking the ballot.
    • Bring an interpreter to assist you as you qualify to vote if you do not understand the English language.
    • Help to cast your ballot if you cannot write, see the ballot, or understand the language in which it is written.
    • Report a possible voting rights abuse to the Secretary of State (1.800.252.8683) or to your local election official.
    • Cast a provisional ballot if your name does not appear on the list of registered voters or you do not have proper identification.
    • Vote once at any early voting location during the early voting period within the territory conducting the election.
    • File an administrative complaint with the Secretary of State concerning violations of federal and state voting procedures.
    VOTE TEXAS.GOV
    If you have elderly parents that are in a nursing home, they may become victims of voter fraud and identity theft for voting purposes.

    My mother was in a nursing home facility in Collingsworth County TX until last year. She had been diagnosed with Dementia in 2009 and entered the nursing home. Yet, it seems that during the last election she able to vote with the help of the nice folks that came to the nursing home and helped her. When asked who she voted for she says "I don't know". So, I went looking for information that would help us remove her from the voting rolls in Texas. She has moved from the state and does not have the mental capacity to vote in an election in 2012, nor in 2010, the last she "voted".

    When I went to the Texas Secretary of State's site for information. I find that she is definitly registered at the nursing home's address as of 2010, and that she voted. I looked her up on the Searcho page so voter fraud is an issue.

    The Secretary of State's page lists the voter's rights to an INTERPERTER to help you vote, but does NOT explain that non citizens voting in a Federal election is illegal.



    This does not track with Federal Laws according to US Code.

    Search 18 U.S.C. § 1015 : US Code - Section 1015: Naturalization, citizenship or alien registry


    (a) Whoever knowingly makes any false statement under oath, inany case, proceeding, or matter relating to, or under, or by virtueof any law of the United States relating to naturalization,citizenship, or registry of aliens; or(b) Whoever knowingly, with intent to avoid any duty or liabilityimposed or required by law, denies that he has been naturalized oradmitted to be a citizen, after having been so naturalized oradmitted; or(c) Whoever uses or attempts to use any certificate of arrival,declaration of intention, certificate of naturalization,certificate of citizenship or other documentary evidence ofnaturalization or of citizenship, or any duplicate or copy thereof,knowing the same to have been procured by fraud or false evidenceor without required appearance or hearing of the applicant in courtor otherwise unlawfully obtained; or(d) Whoever knowingly makes any false certificate, acknowledgmentor statement concerning the appearance before him or the taking ofan oath or affirmation or the signature, attestation or executionby any person with respect to any application, declaration,petition, affidavit, deposition, certificate of naturalization,certificate of citizenship or other paper or writing required orauthorized by the laws relating to immigration, naturalization,citizenship, or registry of aliens; or(e) Whoever knowingly makes any false statement or claim that heis, or at any time has been, a citizen or national of the UnitedStates, with the intent to obtain on behalf of himself, or anyother person, any Federal or State benefit or service, or to engageunlawfully in employment in the United States; or(f) Whoever knowingly makes any false statement or claim that heis a citizen of the United States in order to register to vote orto vote in any Federal, State, or local election (including aninitiative, recall, or referendum) -Shall be fined under this title or imprisoned not more than fiveyears, or both. Subsection (f) does not apply to an alien if eachnatural parent of the alien (or, in the case of an adopted alien,each adoptive parent of the alien) is or was a citizen (whether bybirth or naturalization), the alien permanently resided in theUnited States prior to attaining the age of 16, and the alienreasonably believed at the time of making the false statement orclaim that he or she was a citizen of the United States.Findlaw, US Code



    (a) No person except as otherwise provided in this subchaptershall hereafter be naturalized as a citizen of the United Statesupon his own application who cannot demonstrate - (1) an understanding of the English language, including anability to read, write, and speak words in ordinary usage in theEnglish language: Provided, That the requirements of thisparagraph relating to ability to read and write shall be met ifthe applicant can read or write simple words and phrases to theend that a reasonable test of his literacy shall be made and thatno extraordinary or unreasonable condition shall be imposed uponthe applicant; and(2) a knowledge and understanding of the fundamentals of thehistory, and of the principles and form of government, of theUnited States.(b)(1) The requirements of subsection (a) of this section shallnot apply to any person who is unable because of physical ordevelopmental disability or mental impairment to comply therewith.(2) The requirement of subsection (a)(1) of this section shallnot apply to any person who, on the date of the filing of theperson's application for naturalization as provided in section 1445of this title, either - (A) is over fifty years of age and has been living in theUnited States for periods totaling at least twenty yearssubsequent to a lawful admission for permanent residence, or(B) is over fifty-five years of age and has been living in theUnited States for periods totaling at least fifteen yearssubsequent to a lawful admission for permanent residence.(3) The Attorney General, pursuant to regulations, shall providefor special consideration, as determined by the Attorney General,concerning the requirement of subsection (a)(2) of this sectionwith respect to any person who, on the date of the filing of theperson's application for naturalization as provided in section 1445of this title, is over sixty-five years of age and has been livingin the United States for periods totaling at least twenty yearssubsequent to a lawful admission for permanent residence.Findlaw, US Code
    I will be filing a complaint as soon as the Texas Attorney General's office opens this morning.

    Contact for Secretary of State, Texas if anyone would like to remind them that only US citizens can vote in Federal elections. The US code sections are listed above.

    Contact Us


    Texas Secretary of State

    P.O. Box 12060
    Austin, Texas 78711-2060
    E-mail: elections@sos.state.tx.us
    Toll free: 800.252.VOTE(8683)
    Local: 512.463.5650
    Fax: 512.475.2811
    Need to File an Election Complaint?
    Let us know (PDF, 111kb)

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  2. #2
    MW
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    Senior Member MW's Avatar
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    Only American citizens can vote in federal elections. All legal immigrants must pass an English literacy test to become U.S. citizens.

    "The only thing necessary for the triumph of evil is for good men to do nothing" ** Edmund Burke**

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    Senior Member ReggieMay's Avatar
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    A friend with a mentally challenged son was appalled to find he was picked up and driven to a polling place and then voted for Obama during the 2008 election. She promptly notified the registrar's office that her son was not able to vote due to his condition. They insisted that her son come to their office and certify that he didn't want to vote.
    "A Nation of sheep will beget a government of Wolves" -Edward R. Murrow

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  4. #4
    Super Moderator Newmexican's Avatar
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    Voter fraud persists in South Texas as enforcement efforts fail


    Wednesday, Apr 07, 2010, 07:08PM CST
    By Steve Miller

    MATHIS, Texas --- South Texas is rife with agents from local political camps who prosper by organizing mail-in ballot fraud, elections administrators and other observers in the region say, even after a state-level push to curb the wrongdoing.
    The office of state Attorney General Greg Abbott has several open investigations into the practice of shepherding mail-in ballots, mostly in the name of elderly voters. But perpetrators leave a sparse paper trail, election officials say, and the potential five-figure earnings for local operatives far outweigh any punishment levied for committing fraud, typically a misdemeanor.
    “It’s a racket,” said Nicole Perez, general manager of the Alice Echo-News Journal, a daily newspaper that has chronicled voting malfeasance in the region for years. A canvasser can earn as much as $30,000 during a political season, Perez said, by walking elderly and infirm voters through the mail-in ballot process, coaching their vote for the favored candidate and helping those voters sign, seal and deliver that ballot.
    Perez led her newsroom in a 2008 investigation of checking each mail-in ballot in two counties, lining up the signature on file for each voter with the signatures on the request form and return form for the mail-in ballot.



    PEREZ

    The newspaper found numerous inconsistencies in the voting process for the March 2008 primary in Jim Wells County. Findings included unaccounted for mail-in ballots; duplicate, and in some cases, triplicate, mail-in ballot applications for one person; and some applications that cited disability as the reason for voting by mail when the voter had no disability.
    The newspaper's stories coincided with a state AG's investigation, but despite the newspaper's interviews and documentation of seemingly blatant abuses of the voting process, only three minor charges have been filed so far.
    The current penalties for committing the fraud -- in the same penalty class as first-offense shoplifting -- are doing little to discourage the practice. Despite cautionary reports from elected leaders in Austin, lawmakers have failed to address the issue of a tainted mail-in ballot process.
    On the horizon, though, is a consortium of South Texas elections administrators who plan to take their concerns about voter fraud to the statehouse during the next legislative session. Elections administrators in 10 counties -- Willacy, Kenedy, Jim Wells, Cameron, Duval, Hidalgo, Webb, Nueces, San Patricio and Starr -- are passing on complaints from the voters.
    “The elderly are finally speaking up,” said Pam Hill, elections administrator for San Patricio County and a member of the consortium. “We don’t know how many years it’s been going on ... but they’re saying, ‘Someone is coming and taking my ballot, and they’re voting for me.’ And that is their biggest complaint. And of course, that is illegal.”



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