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Doña Ana County Clerk Embroiled in Scandal. Again. County Clerk and State Senator making plans to Harm New Mexico's Electoral Integrity?

06/10/2015

Scandal in Doña Ana County.  County Clerk Lynn Ellins and State Senator Daniel Ivey-Soto are now saying they are going to push to make things worse!  New Mexico Needs Leadership on Voting Issues.

Last week, six Doña Ana County Clerk's Office employees were arrested for allegedly stealing personal information of voters for criminal purposes.   These employees allegedly used their access to the voter registration data base to steal personal information, names, Social Security Numbers (SSNs) and Dates of Birth, so that information could be used to file fraudulent tax returns, cash fake checks, get food stamps, and steal the identity of people whose information is in the voter file.

This kind of activity, by the way, could happen at any time in almost any county or state office: employees of Assessors’ offices, Treasurers’ offices, Sheriffs’ offices, the offices of the courts, Motor Vehicle Division, Tax and Revenue and numerous other state and local agencies have access to citizen’s personally identifiable information, and could steal that information and commit crimes. 

That’s why it’s a felony to steal information from the voter file, the driver file and other public databases.  

 

The Reaction from the County Clerk 

The reaction from Doña Ana County Clerk Lynn Ellins and Deputy Clerk Scott Krahling is to blame the “system,” and lobby to stop requiring New Mexico voters to provide Social Security Numbers. 

The Clerk in charge of the office where an entire criminal enterprise was operating is saying that the problem is not his office.   Instead he claims it’s the information required by our legislature that caused the crime—rather than the employees who stole the information. 

If Lynn Ellins and those who think like him, were in charge of the Motor Vehicle Division (MVD) and a theft occurred, apparently their solution would be to stop gathering information for driver’s licenses.    (In fact, these kinds of instances have occurred at MVD offices, and those offices took action to address the security and theft problem, rather than changing the amount of information they collect.)

 

Ellins:  It is Inanimate Objects that Cause Crime.  People?  Not so Much.

Lynn Ellins is trotting out the tired old rhetoric that the situations and circumstances—in this case the statutes—cause crime.  They don’t.  Inanimate objects do not commit crimes.   People do. 

People working in the clerk’s office committed these crimes, not their computers, not the spreadsheets they work with, not the voter registration cards.  And certainly not the turquoise-covered Election Code—it just sits there, waiting to be complied with, or be ignored.  But it doesn’t cause crimes.

Unsupervised people, and employees with no managerial oversight or supervision have the opportunity to commit these kinds of crimes—and they have that opportunity everywhere.  The question is—whether in offices of the district courts, or county assessors, or MVD, or county clerks—is the supervision and oversight competent enough to prevent the crime?

Ellins would have you believe that law enforcement needs to wrestle the voter file to the ground and handcuff it—and make those doggone documents do the perp walk.  But that makes no sense.

The solution is good management.  Enacting laws to remove Voter Integrity and Elections Integrity tools for New Mexico is not the solution.

 

Integrity in the Voter File

The appropriate reaction to this incident is to seek ways to better protect the integrity of the voter file.    Network security is an entire branch of the information technology boom that every responsible office handling sensitive data should engage in.  

It includes simple stuff like—don’t SHOW the full social security number and full date of birth to employees who don’t need to see it.    This is 2015, it’s a simple change in computer programming, and it isn’t rocket science.  Monitor unusual activity in the system—which again is a common network security practice.

 

Seizing the Moment to Make our Elections Less Secure. Why? 

In the wake of the arrests, Clerk Ellins made this statement:

“We have begun a renewed push with our Legislative Delegation and the Clerks’ Affiliate of the New Mexico Association of Counties to…not require a person’s full Social Security number to process a voter registration…it must be eliminated.”

No, it must not be eliminated.  New Mexico is fortunate that years ago our Legislature saw fit to require full SSNs.  (Ellins wants to use only the “last four” of the SSNs.)

This past legislative session, the legislature passed Senate Bill 643, giving the Secretary of State (SOS) the authority to cross check our statewide voter file with the Social Security Administration and with the Motor Vehicle Division.  This gives New Mexico a tremendous opportunity to clean up our voter file. 

This is something the current SOS made the first-ever attempt to do in 2011—actions that brought howls of protest from some politicians. (More on that below). Now the office has the tools to conduct a thorough cross check.

 

Fake Social Security Numbers, Bernalillo County

In 2011, SOS personnel conducted the first-ever cross check with MVD.  Almost 700 names of deceased voters were found and eliminated.  3,600 duplicate SSNs were identified, and over 300 fake Social Security Numbers were discovered.

The fake SSNs were found in Bernalillo County.  The Bernalillo County Clerk’s office had registered voters—and was continuing to register them—who had not submitted SSNs.  That office was “filling in” SSNs—if all 9-digits were not provided—or it was just making up numbers if no digits were provided.

The SOS directed the Bernalillo County Clerk to stop this procedure.  But here is a key point:  the fake registration process was discovered because the SOS could see the full SSN—specifically the first three numbers. 

Bernalillo County was usually starting the fake numbers with 9, which is always invalid.  The first three numbers of a SSN cannot be between 800 and 999—the Social Security Administration does not use them, and they are always invalid.  Ellins’ “last four” solution would not have caught the fraud.

 

 

Ellins, Oliver, Ivey-Soto and the Anti-Voter ID Crowd

Instead of taking responsibility, Ellins, and his allies, like Senator Daniel Ivey-Soto and Clerk Maggie Toulouse Oliver, will use Ellins’ own managerial failure as an excuse to advance their agenda to turn New Mexico into a state where the voter file cannot be validated as accurate.

This will mean that we cannot ensure that the file contains only the names of valid voters—not dead people, not illegal aliens, and not phony, fictional made up names and social security numbers.          

Keep in mind, however, the same clerk who is now saying we shouldn’t collect the full social security number supported a bill in the last session that would have given temporary poll workers access to the full Social Security number!

How can he rationalize these two diametrically opposed positions?   Because now he sees the opportunity to support a public policy that diminishes the validity and integrity of the voter file.  This is a policy position that is consistent with opposition to Voter ID.  

Many politicians (though very few voters) want as few measures as possible to be available to ensure a valid voter file.  Wonder why? 

No one should be fooled.

 

This is the Same County Clerk's Office that has "Overseen" Sunland Park for Years

The Doña Ana County Clerk's office has overseen the repeated Sunland Park fiascoes for many years.  But it wasn't until the current SOS's office conducted an investigation that fraud was documented and prosecuted—at least by the previous district attorney—

(some reports indicate that the current DA, Mark D'Antonio, put an end to prosecutions for vote fraud, and dropped charges against perpetrators.  But we cannot confirm this).

 

The Mary Helen Garcia Case

Lynn Ellins also testified in the case involving former State Representative Mary Helen Garcia—a case in which she certainly appeared to be the victim of 50 to 100 instances of vote fraud—that scores of absentee ballots were not improperly turned in to the clerk's office. 

Significantly however, it appeared that the accused bundler/courier of absentee ballots in that case was about to testify that those absentee ballots were in fact improperly handled—and that he had been the one who did it—when the judge himself intervened and stopped the witness, warning him to use his 5th Amendment protections against self-incrimination.

Bottom line:  There are a number of problems in the Doña Ana County Clerk's office.  They need to be addressed.  Harming elections integrity is not a solution to the problem.

 


 

Email us with your feedback, comments, questions and ideas. 

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Jeb Bush gets religion.

"They said he got religion at the end, and I'm glad that he did."  — Tom T. Hall. The Year Clayton Delaney died.

Well, it's official.  Jeb Bush has changed quite of few of his positions on illegal immigration.  The single most significant is that he no longer endorses the "path to citizenship" for those who came here illegally. 

This is, after all, the key portion of any proposal aimed at "reforming" our existing illegal immigration situation.

No sensible citizen can see any point in trying to deport between 12 and 16 million people currently living in America illegally.  And no candidate for any office that we know of supports that.  What the average American wants is for the country to "get a handle on it."  They want it stopped, our borders secured and future illegal immigration prevented.  It is a national security issue.

The Path to Legal Status

The only way to accomplish the above goals, is to identify current illegal immigrants, get them accounted for, have them documented, and placed on a path to legal status.  Neither they nor their children or spouses should live in a state of fear or anxiety.

But a path to "citizenship" is not the right course.  It is not morally or legally correct.  A merciful and compassionate nation can provide the safeguards of legal status without sending the message to the rest of the world that all you have to do is cross our border and you will eventually get to become a citizen, thus circumventing the legal framework scores of millions of Americans have followed, honored and respected.

If someone who is granted legal status eventually wants to become a citizen, that person should have to return to his or her country of origin and wait in line like 20 million people around the world are doing at any given time.  Failing that, America will forever send the signal that anyone in the world can "jump the line," and that there is no reason at all to obey our immigration and naturalization laws.

We Like Jeb Bush

We are glad Jeb Bush has learned this lesson.  He is a fine speaker, and can eloquently explain his positions on complex issue.  If he were not named "Bush" he would be an actual top tier candidate—in all that that title would entail, including likelihood of acceptance and support of and from the American people in the primaries, and in any theoretical general election.  

We also recognize that he already is a de facto top-tier candidate because of his fame and his fundraising.

If he were to be the nominee of the Republican Party we would heartily support him and endorse him.  We hope, however, that he is not, as he does not give the center-right coalition the best chance of winning.

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    Selma   ????? We have now seen the Oscar-nominated movie Selma.   Our earlier allusion to criticism that sounded as though it was in an Oliver Stone category for historical fabrication is some...

Sports

Sports

The Major League Baseball Playoffs are not realistic, and destroy the actual meaning of the sport. 

Major League Baseball is unique in this respect—its postseason is markedly different from the way the game is played normally.  No other major league sport suffers from this flaw.

Not that much is wrong with baseball. In some respects it's the most well thought-out sport there is.  The "perfect game" many aficionados say.

But the Major League Baseball postseason experience is unique in the world of professional sports, and not in a good way. 

In fact the playoffs are flawed in such a way as to detract from the sport itself and diminish the game and what it means to be the world champion of the sport. 

Among the Big Four team sports of North America: football, hockey, basketball and baseball—and all the 122 professional major league teams competing in the NFL, NHL, NBA and MLB respectively—it is in baseball alone that the postseason turns the sport itself on its head and makes it reflect something that it is not.  This article will explain why that happens and why it is wrong-headed.

 

Background on the The Frequency of Play

The 30 teams in both the National Hockey League and the National Basketball Association teams play a very similar schedule.  On average, each team has a day off between games, sometimes two days off.  Though there are back-to-back games, they are relatively infrequent.  NBA teams play between 14 and 22 back-to-back games a season, and for the NHL it usually ranges between 9 and 19. The NFL has a full week between games, the exception being the new Thursday games that each team plays once, leaving them only four days' rest once a year.

But baseball players play every single day.  Ten days straight, then a day off, then seven more games, then a day off, then ten more games.  Typically a baseball team plays 27 games every 30 days.  For the NHL and NBA it would be 14 per month, and for the NFL the number would be 4.

 

Getting to the Playoffs:  It's a grind

In all four sports, getting to the postseason requires a total team effort—in fact an all-out total organizational effort.  Teams must be deep, have bench strength and the capability of moving players in and out of the lineup, and on and off the roster, who can take the place of key players who go down for an injury, or who have to miss games for whatever reason.  While this is true of the other three major sports as well, it is most certainly even more of a concern for baseball teams because of the sheer volume of games in which a team must field a competitive lineup.

Each league's regular season* is a marathon, not a sprint.  NFL teams play for 17 weeks, 16 games.  The NHL has an 82-game season over six months, paralleled by an NBA season of 84 games over the same timeframe. Baseball is the biggest marathon of all—a true test of resilience and endurance—162 games usually starting around the beginning of April and finishing about the end of September.

NHL teams carry 23-man rosters, of which 20 can be active for any particular game.  The NBA is similar, with 15-man rosters of which 13 can be on the bench for a given game. In the NFL, the teams have 53 players on a roster, but only 46 can suit up on game day.  In Major League Baseball, teams have a 25-man active roster, and all 25 are at the park every day.

 

The Postseason Playoffs:  Sport by Sport

The National Football League:

Of the 32 teams, 12 qualify for the playoffs.  The playoffs are conducted in the exact same manner as the regular season.  Each team plays once a week, the exception being that the four top teams get the first week off.  For a typical qualifier to reach the Super Bowl, the team must play three consecutive weeks.  At that point both remaining teams have two weeks off before the Super Bowl.

In short, the playoffs, with a game each week, reflects the same means of advancement as is present in regular season grind.

The National Hockey League: 

16 of the 30 teams qualify for the postseason.  The playoffs are conducted in the exact same manner as the regular season: a game, a day off, a game, a day off, a game, a day off, and so on.  Just as in the regular season, there are occasionally two days off.  But the playoffs require the same stamina, the same approach as that required to make the playoffs.

 

The National Basketball Association

16 of the 30 teams qualify for the postseason.  The playoffs are conducted in the exact same manner as the regular season: a game, a day off, a game, a day off, a game, a day off, and so on.  Just as in the regular season, there are occasionally two days off.  But the playoffs require the same stamina, the same approach as that required to make the playoffs.

Major League Baseball

10 of the 30 teams qualify for the postseason.  (Although four of those teams qualify only for a one-game do-or-die play-in game.)

Here is where all similarity to baseball ends. 

Unlike the other three sports whose playoffs mirror the test of the regular season, and whose conditions are the same as the regular season, Major League Baseball playoffs in no way resemble the sport itself.  In hockey, basketball and football, the teams win playoff games and reach the pinacle of the sport in exactly the same way that they qualify to try to do so. 

Not so in baseball.  They are two entirely different concepts.  Teams make the playoffs only because they have depth, five-man pitching rotations and can play day-in and day-out at a high level.  But the baseball playoffs suddenly become a kind of "all-star" game within each team's roster.  MLB playoffs are conducted in a way that more closely follows the NBA and the NHL.  Teams have enormous numbers of days off. 

Here's the key point:  No Major League Baseball team could even qualify for the postseason if they played the same way during the regular season that they do in the playoffs.  None.

In the regular season Major League Baseball teams have to use a 5-man starting rotation, with pitchers pitching every 5th day.  There are not enough days off to have even a four-man rotation, let alone a team with three pitchers.  Even the best team in baseball using only a 4-man rotation, would wear them out, and most likely end up with a record of something like 66-96, or 70-92—and that would be if they were otherwise teh best team in the sport.

 

The 2014 Baseball Postseason is Typical

As examples, last year's World Series teams the Kansas City Royals played only 15 games in 30 days, and the San Francisco Giants played only 17 games in 30 days.  The 12 to 15 days off in the non-baseball fantasy world of the MLB postseason, means that teams can turn to three pitchers and give all of them plenty of rest.  But it isn't the way baseball really works.

At one point, the Royals had 5 consecutive days off, and the Giants had 4.  This never happens in the regular season.  Even the All-Star break is only three days.  Very rarely is there anything beyond a one-day break, and even that happens only a couple of times a month. 

What this means is that neither team used the team that got them to the playoffs.  (The NFL, NBA and NHL teams ALL used the very same teams that got them to the playoffs.) 

Baseball teams use a three-man pitching rotation in the playoffs.  Sometimes, they essentially opt for two pitchers only—conceding the likelihood that some of their games are going to be lost—when their third-, or rarely fourth-best pitcher has to face one of their opponents' two-man or three-man rotation members. 

Imagine an NFL team using only one running back and three wide receivers, instead of rotating through their roster in the course of a playoff game—or using only 4 defensive backs and 4 linebackers, instead of rotating 8 or 9 DBs and 6 or 7 linebackers?  In hockey, would a team use only two or three of their forward lines?  Would an NBA team use only the starting five?  They would never make the post season if they tried to present that product to their fans during the regular season.

Those are the equivalents of what Major League Baseball sets up every fall.  No other sport drags its playoffs out in such a way as to completely change the playing field—completely change the dynamics of its game.

Why Does Baseball Do This?

MLB does this because the TV networks want to drag out the games so that they can try to have one game each day  This requires an unnecessary staggering of games, and creates the phenomenon of 15 off-days in a month.

What about travel days?

What about them?  Baseball has travel days constantly.  A team may play in Chicago one day and in Miami the next, or in New York one day and Phoenix the very next day.  Travel days as a routine part of the game are again, a phenomenon of television, and stretching out the playoffs.

In years past, travel days were employed only when necessary. The famous "subway series" games were played on seven consecutive days.  Why?  Because there was no "travel day" required to go from Brooklyn to the Bronx.  Today, they would put in artificial travel days.

Even fairly long train trips didn't necessarily matter.  The 1948 World Series between the Cleveland Indians and the Boston Braves was played in six consecutive days, October 6 & 7 in Boston, October 8, 9 & 10 in Cleveland, and October 11 back in Boston.

This reflects actual baseball, the way the teams play day-in and day-out, and the kind of unique test that baseball presents to its athletes, its managers and management, and to its fans.

In the modern world of charter planes, teams fly from coast to coast to play games on consecutive days.  The artificial "travel day" should be eliminated so that teams can play in the playoffs in the same way that got them there in the first place.


*All these leagues also have pre-seasons and training camps, which add an additional 6-8 weeks to each player's year.


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