Voting Nullification

by Michael Fruitman and Jim McCarthy

Other than the continued inanity of conspiracy theorists and theories about the theft of the 2020 presidential election, we may be grateful in this post-Thanksgiving moment that our ballots in that contest mattered and prevailed.

Virginia turnout was 75% of registered voters (4.375 million). The Democrat garnered 2.413 million votes and the Republican 1.962 million, the largest and most significant result in the Commonwealth’s history and testimony to the vitality of citizen participation in the electoral process.

Nationally, the results were not dissimilar to those in Virginia, with 81.3 million popular votes for the Democrat and 74.2 million for the Republican. However, for a small handful of voters who happened to be members of the U.S. Congress, the popular results were not acceptable. On January 6, 2021, and into the early morning of the 7th, members of Congress conducted another vote to overturn the popular results by legislation, rejecting the Electoral College vote count.

One hundred forty-seven Republican members of Congress voted to reject the Electoral College voting. Four of those so voting were among the eleven representing the Virginia congressional delegation (36% of the total representing the state). In effect, the four voted to nullify the votes of the four million-plus citizens of their home state.

Ben Cline, Morgan Griffith, Robert Wittman, and Bob Good will be on the ballot in November 2022. It is likely their hope and strategy that the voters of 2020 will have forgotten or forgiven them for their decision to toss votes in favor of an unfounded allegation of a stolen election. However, their attempt to nullify their constituents’ votes was no mere symbolic gesture. And even if that gesture was intended to be symbolic, the danger posed to democracy was not symbolic, as the attack on the Capitol on January 6 demonstrated.

As the nation and Virginia transition from the events of January 6th and move from this Thanksgiving to the next in 2022, gratitude and thanks are to be given to the good and common sense of millions of others, including members of Congress, who withstood the efforts of a handful to corrupt a democratic process centuries in the making.

There are some signs that the electorate is not nearly as largely populated with sheeple as the politicians who represent them. The distance between November 2020 and 2022 is only two years, not two decades. It is difficult to imagine that the campaigns of the four Virginia representatives will occur without questions and challenges from opponents (perhaps even primary opponents) concerning their attempt to nullify the vote of their own electorates in 2020.

Justifying the vote to reject the Electoral College results is hardly a partisan issue since the intent was universal with respect to each and every vote in each and every state. Those who voted to reject might have been successful had they attained a simple majority in Congress to nullify 155 million popular votes. The successful exercise of that power to negate the express wishes of the nation’s electorate represents a type of oligarchic authoritarianism not dissimilar to current efforts within states to empower legislatures to declare electoral results unsatisfactory.

If the four Commonwealth Congressmen assert that their votes to overturn the Presidential election was mere partisan politicking, then they clearly failed their civics courses. None qualify as a profile in courage. The substance of their legislative behavior was nothing less than a coup d’etat. In some countries, there would be harsh, even fatal, consequences.

With less than one year to Election Day 2022, Cline, Griffith, Wittman, and Good will undertake campaigns to convince Virginians of their qualifications for office and reasons to be elected. In addition, Virginia’s congressional elections will be subject to revised boundary lines to be drawn by the state Supreme Court in a few months. Whether their vote to nullify constituent voting in 2020 plays any role in their failure or success remains in the hands of those very same voters, the likely majority of whom voted in 2020. We expect to stay tuned to this particular issue.

Michael Fruitman and Jim McCarthy are co-editors of www.VoxFairfax.com.


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40 responses to “Voting Nullification”

  1. Eric the half a troll Avatar
    Eric the half a troll

    If the recent re-election of LaRock is any indication, there is no political price paid for undermining our democracy these days. In other words, don’t get your hopes up.

    1. James McCarthy Avatar
      James McCarthy

      If voters and media do not question the candidates regarding their January 6 & 7 votes, who will? If they don’t or won’t answer, that is the equivalent of taking the Fifth.

      1. Nancy Naive Avatar
        Nancy Naive

        And, we ALL know what Trump said about people who plead the Fifth. Of course, as a tea toddler, he was unaware that the fifth has been replaced by the 750ml.

  2. Deborah Hommer Avatar
    Deborah Hommer

    Except there are still some anomalies.
    https://electionevidence.com

  3. vicnicholls Avatar
    vicnicholls

    Finding too many discrepancies – sorry, there is fraud, voters have to be vetted and the results vetted.

    1. Stephen Haner Avatar
      Stephen Haner

      And they were. Just had two recounts in Virginia and lo and behold the R’s held onto both! Perfect chance to steal two seats and somehow it didn’t happen!!! Trust but verify. The recent move to recruit and train a small army of observers (on both sides) is a positive development. I was one three days pre-election, as well as serving as an election officer. (You think anybody pulls fraud on me when I’m in that role?)

      1. Nancy Naive Avatar
        Nancy Naive

        475 national fraudulent ballots and guess for whom they were mostly cast? And, a conspiracy to commit fraud was found by DoJ. Someplace called the “Villages” in Florida where at least 3 residents cast votes in two States. Wonder if that’s a Democrat enclave? Damned hippies!

        BTW, has the Tx LtGov ever paid his bet to the Penn Gov for the fraud up there?

        1. James McCarthy Avatar
          James McCarthy

          No, he did not pay the PA Lt. He did write a check for $25 K from his campaign funds to an election worker who identified a fraudulent Trump voter.

          1. Nancy Naive Avatar
            Nancy Naive

            Yeah, welcher! He bet a million that PA was rampant fraud.

      2. vicnicholls Avatar
        vicnicholls

        Actually there has been more. I don’t think you’ve been watching the specific ones that are using verification methods, not the popular hookum.

  4. As has famously been stated “you have a republic if you can keep it”. The nation has seen and is continuing to see how easy it can be to lose it. Agree that those four members of the House should be called to explain their actions and why they did not constitute a nullification attempt.

  5. LarrytheG Avatar

    Wow! I can’t believe I’m actually reading this kind of content in BR. WTF?
    The current GOP strategy seems to be to holler conspiracies and election fraud unless they win, then all is good.

    But if they lose, election officials have colluded in massive fraud and need to be threatened with bodily harm to get them to admit they have lied and cheated and to re-check the vote and make sure the GOP wins after all!

    1. Dick Hall-Sizemore Avatar
      Dick Hall-Sizemore

      I just want to point out that I raised this issue some time ago. https://www.baconsrebellion.com/virginia-republican-congressmen-support-coup-attempt/

      However, I am glad to see someone reminding the readership of the actions of some of our “representatives”.

    2. Stephen Haner Avatar
      Stephen Haner

      I got into that argument earlier this week, with a person still convinced Virginia’s optical scanners are crooked. Their idiotic “fix” is hand counting millions and million of ballots, as if that will be more accurate. They can’t deal with the fact that the voters threw that guy out….

      But no forgetting, either, that in 2106 it was the Democrats throwing a hissy fit over the certification of the Electoral College. Up until the Trumpenproletariat started beating on police and invaded the building, the parallel was strong.

      1. Nancy Naive Avatar
        Nancy Naive

        Optical scan is Great! Paper trail. Easily audited statistically. No chads.

      2. James McCarthy Avatar
        James McCarthy

        In 2016, the hissy fit did not amount to 138 political party votes to nullify electoral votes. That moral equivalency fails on the proportions however thin the parallel. Nor was there a widespread campaign in 2016 to nullify the Constitutional process across the nation.

        1. LarrytheG Avatar

          There you go with those dang pesky facts

        2. Matt Adams Avatar

          “James McCarthy Stephen Haner • an hour ago
          In 2016, the hissy fit did not amount to 138 political party votes to nullify electoral votes. That moral equivalency fails on the proportions however thin the parallel. Nor was there a widespread campaign in 2016 to nullify the Constitutional process across the nation”

          No it resulted in millions of taxpayer dollars wasted on a special council and investigation that proved nothing. It also resulted in the bleating of a party about removing the Electoral College since they didn’t like the results.

          Point being, it’s not a one sided debate as you’re attempting to frame. Both parties are corrupt yours isn’t any less.

          1. Stephen Haner Avatar
            Stephen Haner

            One, six, or 138, if you think that vote disqualifies an individual candidate it doesn’t matter how much company they had. I think in 2016 and 202o both it was theater.

          2. LarrytheG Avatar

            You think 1/6 was ‘theater” and okay for it to happen again, just same old, same old?

            Sorta like… Trump meant well but he had bad way of commuicating?

          3. Stephen Haner Avatar
            Stephen Haner

            That vote was theater, not the riot. This is why I no longer consider you worth engaging. Worthless partisan.

          4. LarrytheG Avatar

            equating the two is worse than partisan – it’s basically a lie. trying to separate the “vote” from the “riot” as if they are not connected and one is “theater” and has nothing to do with the riot? You actually think this? lord. It’s not partisan to tell the actual truth and living in denial of obvious realities is downright dangerous no matter the subject.

            According to some, what happened on 1/6 and it’s connection to the “vote” is no different than prior “votes” ..and if we see more, then okay.

            It’s not okay and those who won’t stand up for the truth are IMHO actually normalizing what happened and in support of more like it.

          5. Matt Adams Avatar

            I think the theater stretches back to 2000 and it’s been an outrage game since.

            With that statement, accept elections and move on. Is there fraud, of course there is, is it rampant, no it’s not.

            2000: FVP Gore lost because he was an awful candidate (the hanging chad didn’t do it)

            2004: Fmr. Sen. Kerry because he was an awful candidate

            2008: Fmr. Sen. McCain lost because he had no interest in being POTUS, he was happy as a clam being a Senator.

            2012: Sen. Romney because he failed to fight back against the spoiled smarmy image that was thrust upon him.

            2016: Fmr. SoS Clinton lost because, lets face it she only ever made it anywhere because of FPOTUS Clinton.

            2020: FPOTUS Trump lost because people were tired of him and POTUS Biden wasn’t Clinton.

            We’ve been running lessor of two evils elections for decades now, it sucks. From my tiny perspective I want someone who is in awe of the individuals who occupied the White House before them. To look at the structure and say, this has been here since 1814. That type of person would put the interest of the people above their own BS.

          6. James McCarthy Avatar
            James McCarthy

            What votes were taken in 2016 to object to Trump electors? How many Senators joined a House member to object and force a debate upon the objection? Your moral equivalency lacks beef. The quantities and quality of the January votes do matter.

          7. LarrytheG Avatar

            Apparently, by pointing out the differences, it makes one a “partisan’!

          8. Matt Adams Avatar

            Spouting partisan talking points make you a partisan, but you lack the self-awareness of know that.

          9. James McCarthy Avatar
            James McCarthy

            It is quite clearly demonstrated that the EC distorts popular vote results as a structure of the Constitution. Indeed, that’s what the Founders intended but not the value sought hundreds of years since. There is no claim in the article that only one party shares the blame. However, the proportion that is represented by GOP is more than noticeable. The “frame” in question is the failure of media and voters to ask candidates to justify their votes. Sadly, to your point, on this occasion, no Democrats voted to discard electoral votes.

          10. Matt Adams Avatar

            “43 minutes ago
            It is quite clearly demonstrated that the EC distorts popular vote results as a structure of the Constitution.”

            False, it’s rather clear that you’re up in arms about 1/6 while parroting the notion the EC distorts things. The only thing it points out is that the 17th amendment corrupted the system.

            “The “frame” in question is the failure of media and voters to ask candidates to justify their votes. Sadly, to your point, on this occasion, no Democrats voted to discard electoral votes.”

            No, but plenty of them pushed the National Popular Vote Compact in the wake of 2016. Or encouraged Gore to take 2000 to the Courts.

            Oh and an elector in 2016 refuses to cast their ballot for Sec. Clinton and they were a Democrat, where you up in arms then?

          11. James McCarthy Avatar
            James McCarthy

            What is your difficulty with the National Popular Vote Initiative? What is your rationale to continue the EC popular vote distortion? Nor can you name a Democrat elected official who cast a vote to disregard a slate of state electors. The gist of the article concerns the failure to pose questions to members of Congress who voted against state certified electors. The 17th Amendment was pure conservative philosophy: Let the people, not state legislators, decide who is to represent. You may not like the notion that the amendment was contrary to Founder ideas and/or states’ rights, but that’s democracy for you.

          12. Matt Adams Avatar

            Difficulty? It’s Unconstitutional and would nullify the votes of the smaller states for the votes of the bigger. It would allow someone to campaign in places (New York and California) and win (i.e. Sec Clinton) and ignore everywhere else.

            “Nor can you name a Democrat elected official who cast a vote to disregard a slate of state electors.”

            https://www.cbsnews.com/news/which-candidates-did-the-seven-faithless-electors-support-election-2016/

            So you going to remove the foot from your mouth?

            The Populist Party was not ever associated with conservativism.

            State legislature is direct elect from the people whom they serve. Their selection of means the people do pick them, they were never intended to be elected by a popularity contest.

            “You may not like the notion that the amendment was contrary to Founder ideas and/or states’ rights, but that’s democracy for you.”

            We are a representative Republic not mob rule (Democracy), try again.

          13. James McCarthy Avatar
            James McCarthy

            You are mistaken about the NPVI. Try reading material at its website. It would not be unconstitutional were states to vote for it. Your link reference also misses the point. Faithless electors are not members of Congress voting upon an entire slate of electors chosen by popular vote. Thus, you are in error as to both quotes from my comment. How’s your foot taste?

            How does being a republic alter election of representatives – directly or indirectly – by voters? Democracy is “mob” rule? The last mob to attempt rule was turned back on January 6, 2021. The illness of democraphobia is treatable with civics and a reading of progress in history.

          14. Matt Adams Avatar

            “You are mistaken about the NPVI. Try reading material at its website. It would not be unconstitutional were states to vote for it”

            False, it is Unconstitutional because it’s attempting to using a Interstate Compact to bypass the Constitution. If you want to change how the President is voted upon, pass an Amendment like was done previously when the loser no longer became the VP (see the 12th Amendment).

            https://www.heritage.org/civil-rights/report/the-national-popular-vote-misusing-interstate-compact-bypass-the-constitution

            Oh and the NPVI website is filled with BS, just like what you’re parroting.

            “Faithless electors are not members of Congress voting upon an entire slate of electors chosen by popular vote. Thus, you are in error as to both quotes from my comment. How’s your foot taste?”

            Clearly you don’t know how the EC electors are chosen and clearly you are now choosing to ignore what was brought up, it’s relevant despite your contention it isn’t. I’m not the only sucking on my foot, you are and it’s very evident by your comments, you’re ill-educated on the Constitution.

            “How does being a republic alter election of representatives – directly or indirectly – by voters? Democracy is “mob” rule? The last mob to attempt rule was turned back on January 6, 2021. The illness of democraphobia is treatable with civics and a reading of progress in history.”

            By that statement alone you are unqualified to vote let alone make any statements on the matter. I doubt you’d pass a high school history class at this point. If you don’t understand the difference between a Republic and a Democracy plan and simple you’re an uneducated twit. The Jacksonian appropriation of Democrat, is just that an appropriation that has nothing to do with the term. Furthermore, James Madison would laugh in your face and telling you to get an education.

            Your comment history is littered with a litany of comments which are not thoughtful or educated. You should really stop pontificating and get and education or ask for a refund on what you were given.

      3. The optical scanners in my precinct have always been perfectly aligned whenever I’ve fed my ballots into them.

  6. DJRippert Avatar

    How quickly the election and certification of the 2000 presidential election is forgotten.

    https://www.nytimes.com/2001/01/07/us/over-some-objections-congress-certifies-electoral-vote.html

    1. LarrytheG Avatar

      right:

      compare this ” ”May God bless our new president and new vice president and may God bless the United States of America,” Mr. Gore said to a standing ovation from the remaining House and Senate members before gaveling the joint session to a close and signing autographs.”

      to this:

      The 147 Republicans Who Voted to Overturn Election Results

      https://www.nytimes.com/interactive/2021/01/07/us/elections/electoral-college-biden-objectors.html

      and this:

      US Capitol rioters chanted ‘Hang Mike Pence’ — video footage
      Threat came after US president falsely claimed VP could overturn election results

      you really want to equate these?

  7. Nancy Naive Avatar
    Nancy Naive

    An excellent civic duty by BR. It is important from time to time to remind Virginia, in between eye-pokes at UVa, Charlottesville, Stoney, and Loudon’s schools, that we do have honest elections with audits, and that when a Delegate wins by one vote, it was still the will of his district, and that those would nullify our choice as simply “politicking” should be called for their failure as our — Virginian and American — representation.

    Hey, here’s idea. Take down one of those annoying ads on the right, just below the banner, and give this article a year-long link.

    1. Stephen Haner Avatar
      Stephen Haner

      When somebody wins by one vote maybe a second recount is in order….:) What gets me is they think Trump had 400,000 votes stolen in VA. Uh, no.

      1. LarrytheG Avatar

        and if we equate what happened this time with what happened with Bush/Gore, we’re normalizing it and accepting it happen again?

      2. Nancy Naive Avatar
        Nancy Naive

        Yancy by tied by admitting one vote. Not without some controversy. Hand recount and the winning vote was a ballot with a double vote complete with circles and slashes, and it still took 3 judges arguing intent.

        https://cdn.cnn.com/cnnnext/dam/assets/171221111436-03-virginia-ballot-1221.jpg

  8. walter smith Avatar
    walter smith

    Since it is apparently so unthinkable that any fraud occurred, then what is the harm of making sure we have a clean system?
    Do you know what happens to public companies when they don’t cooperate with auditors?
    How come one of the richest counties in the country, and perhaps one of the most technologically advanced, always turns in its votes last? It’s not suspicious?
    What if the margin of cheating is 2%? In 4.3 million votes, that is 86,000. Youngkin won by …66,000?
    Why can’t we audit the voter rolls? Fairfax is pretty transient… So would be the Norfolk/VB areas.
    I don’t think Trump won VA, but I also don’t think it is a bad idea to make sure the vote is honest and correct. Why is that scary? (Unless you want to preserve the right to cheat. And please notice, I didn’t say anything about stopping minorities from voting…now non-citizens…that’s another thing.)

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