All I want for Christmas is for this house renovation to be over. I am so tired of thinking about it and stressing.
North Carolina Finally Limps Across the Gubernatorial Election Finish Line
As we go to the judges scorecard it is important to remember we are scoring on a 10 point must system. The judges are looking for clean punching, effective aggression, and good ring generalship!
BREAKING: In NC Gov. race, GOP-controlled @NCSBE issues order re McCrory county protests. Congrats Gov-Elect Cooper! https://t.co/AIEwvsDmOc
— Marc E. Elias (@marceelias) November 29, 2016
What does this mean?
Counties that have removed voters from their counts based on the McCrory protests are instructed to add those votes back into their count. https://t.co/rpN5td6lOz
— Marc E. Elias (@marceelias) November 29, 2016
In short: the State Board has ruled that the McCrory protests about individual voters must all be dismissed. https://t.co/HgXXdnCwXx
— Marc E. Elias (@marceelias) November 29, 2016
Now we have to see if Governor McCrory tries some other tactic to maintain power despite the outcome of the North Carolina gubernatorial election.
Here’s the North Carolina State Board of Elections Statement:
STATE OF NORTH CAROLINA WAKE COUNTY BEFORE THE STATE BOARD OF ELECTIONS IN THE MATTER OF: CONSIDERATION OF CERTAIN LEGAL QUESTIONS AFFECTING THE AUTHENTICATION OF THE 2016 GENERAL ELECTION ) ) ) ) ORDER THIS MATTER CAME BEFORE THE STATE BOARD OF ELECTIONS (“State Board”) during a public meeting held November 22, 2016, upon the State Board’s own motion to consider certain legal questions affecting procedures and practices in the authentication of the 2016 general election. The State Board received briefing and heard oral argument from the Republican Party of North Carolina and Pat McCrory Committee, represented by Roger Knight, John Branch, and Brian LiVecchi; the North Carolina Democratic Party and Cooper for North Carolina Committee, represented by Kevin Hamilton (appearing pro hac vice); and the Southern Coalition for Social Justice, represented by Allison Riggs. After hearing from the parties, reviewing written briefs and public comment, and having reviewed relevant statutes and authorities, the State Board hereby orders the following pursuant to its authority under G.S. §§ 163-22(a) and 182.12:
1. The uniform application of law is necessary to ensure fundamental fairness in the administration of elections and to preserve due process for each voter.
2. Article 8 of Chapter 163 of the General Statutes (“Article 8”) provides the means by which one voter may challenge the eligibility of another voter. No voter challenge may be entered after the deadline or made indiscriminately. A timely challenge properly sustained against a voter who has cast an absentee ballot will result in the exclusion of that ballot from the canvassed results.
3. Article 15A of Chapter 163 of the General Statutes (“Article 15A”) provides the means by which a voter may protest an election. A successful protest must prove the occurrence of an outcome-determinative violation of election law, irregularity, or misconduct. If a county board of elections (“county board”) finds a violation occurred affecting votes sufficient in number to change the outcome of a single-county contest, the county board must retrieve the ballots improperly cast and note the deduction in the abstract. If a county board finds a violation occurred that did not affect enough ballots to change the outcome of any single-county contest, the county board must forward its findings to the State Board. The State Board shall determine whether all ballots improperly cast are sufficient to change the outcome of any multi-county contest. If so, the State Board will order county boards to retrieve and discount affected ballots and revise its canvass.
4. A protest alleging the occurrence of an election law violation that affected votes sufficient in number to change the outcome of a single-county contest concerns the manner in which votes were counted or tabulated, and therefore such protest must be resolved prior to county canvass as required by G.S. § 163-182.10(a)(2). A protest that does not allege an election law violation regarding a sufficient number of votes to change the outcome of a single-county contest shall not delay the county canvass procedures since the county may not retrieve and discount such ballots. In no case shall the county board delay the timely hearing and decision on a protest timely filed.
5. A protest of election brought under Article 15A may not merely dispute the eligibility of a voter. Such a claim must be brought timely as a challenge under Article 8. Rather, a protest of election may include claims regarding the eligibility of certain voters only as evidence that an outcome-determinative violation of election law, irregularity, or misconduct has occurred.
6. The county board of elections shall dismiss a protest of election that merely disputes the eligibility of a voter. The county board shall instead consider the claim as a voter challenge brought under Article 8 after the election.
7. No county board may retrieve and discount a ballot cast by an unqualified voter unless a challenge was timely brought under Article 8, or the State Board or a county board has found that ineligible voters participated in numbers sufficient to change the outcome of the election. The latter finding may be based on a protest timely brought under Article 15A or pursuant to complaint or directive of the State Board under G.S. §§ 163-22(a) and 182.12.
8. County boards of election must preserve the due process rights of all voters, including adequate notice and a meaningful opportunity to be heard. If a protest brought under Article 15A includes claims regarding the eligibility of certain voters, the county board must provide notice of the protest reasonably calculated to apprise such voters of the pendency of the protest and afford them an opportunity to present their objections. Due process in the context of time-sensitive post-election protests may mean that county boards expedite notice mailings or reach out to affected voters by other means not ordinarily required under Article 8. At a minimum, county boards must provide written notice to affected voters by expedited delivery service, such that notice is received at least three days ahead of any such hearing.
9. If any county board of elections has retrieved and discounted any ballot in a manner inconsistent with this Order in its canvass of the 2016 general election, the county board shall amend its canvass to include the vote. No such re-canvass shall reset any statutory deadline otherwise associated with the canvass of votes.
10. Counties shall proceed to the canvassing of the 2016 general election consistent with this Order, which shall govern future elections unless otherwise directed by this Board.
This the twenty-eighth day of November, 2016.
_______________________________
A. Grant Whitney, Jr.,
Chair State Board of Elections
North Carolina Finally Limps Across the Gubernatorial Election Finish LinePost + Comments (122)
Through the Mansions of Fear, Through the Mansions of Pain
I’ve been talking with my brother, who’s a Democrat in a deep red state, about our common disaster. One of the topics has been the working class. He sent me this piece on fundamentalism in rural America. Read the whole thing, but the gist of it is that fundamentalist, white America cannot be swayed by reason, by populism or by anything else. I accept that thesis: the White Fundamentalist Working Class (WFWC) is, for the most part, lost to the Democratic party. Nothing we can say to this group will register because the constant diet of bullshit from Fox and the pulpit of their local church drowns out reason about a social safety net and real opportunity. When ~80% of evangelicals vote for Trump, it’s clear that these sheep will vote for Satan if he said he’d punish sluts while quoting a couple of bible verses.
That said, I think we need to separate the White Working Class (WWC) from the WFWC. Obama was elected with a significant number of WWC votes. House districts, and some Senate seats, will swing only if we can swing some of the WWC back to the Democratic column. Erik Loomis is right:
Where the economic anxiety debate legitimately matters is not in long-term Republican counties. It’s in traditionally blue counties in swing states that swung sharply to the right in the last 4 years. Erie County, Pennsylvania went 48-46 for Trump. He won by 2000 votes. In 2012, Obama defeated Romney 57-41 in Erie County, winning by 19,000 votes. Donald Trump won Pennsylvania by about 68,000 votes. It is counties like these–blue-collar union counties with long histories within the Democratic Party, histories that lasted long after LBJ delivered the South to the Republicans in 1964, long after the Reagan era, that voted for Barack Hussein Obama twice. The critical question is why did these people switch their votes at this time. This is where a discussion of economic dislocation and hopelessness plays an important role. It must play an important role. These are voters that Democrats can probably get back without appealing to racism, which it absolutely must never do. That’s the debate we need to be having. Economic issues need to be taken seriously as part of that debate.
Paul Ryan is about to hand us a golden opportunity to talk about economic issues – like how you will die on the street at age 66 of curable cancer after your privatized Medicare vouchers run out. There’s a segment of the WWC that can be swayed if we can package up that issue in a simple, powerful way.
Through the Mansions of Fear, Through the Mansions of PainPost + Comments (198)
Do Not Be Distracted By What The Shitgibbon Says. Pay Attention To What His People Do
One of the signal failures of the media throughout the Trump dumpster fire of a campaign was to focus on his words — parsing, shifts in terminology, trying to distinguish between lies and hyperbole, or simply providing theater criticism on his performances, connections to audience and so on. All the while, the critical information: what the combination of his ample history, the (few) clear positions he staked, and the people he hired revealed about what Trump would actually do as President.
That basic error is still with us, nicely diagnosed in this post by Robinson Meyer over at The Atlantic:
It works like this: Donald Trump, the president-elect himself, says something that sounds like he might be moderating on the issue. Then, his staff takes a radical action in the other direction.
Last week, Trump told the staff of The New York Times that he was keeping an open mind about the existence of climate change.
This was, as Meyer notes, treated as a major shift, given Trump’s earlier claim that global warming was a Chinese hoax. As a result, many slow learners touted this story (Meyer self-indicts here.) But, of course, Trump’s almost certainly intentionally vague statement —
“I think there is some connectivity” between human activity and the warming climate, Trump said. “There is some, something. It depends on how much.”…
both grants him almost unlimited freedom of maneuver and was almost immediately belied by what his transition team is actually doing:
A day after Trump talked to the Times, The Guardian reported that the Trump administration plans could cut all of NASA’s Earth science research….
…which, as many have already noted, is vital for ongoing climate monitoring and ongoing attempts to study the implications of human – driven global warming with the resolution needed to inform action.
Then there’s this:
Politico reports that the Heritage Foundation senior research fellow, Steven Groves, has been added to Trump’s State Department transition team. Just last week, Groves called for the United States to leave the UN Framework Convention on Climate Change, the overarching treaty that governs how the world organizes itself to address global warming. Groves also said the U.S. should move to “dismantle” domestic climate regulations.
Thus, a picture of a Trump administration policy on climate change: destroy the research infrastructure needed to study climate, and wreck both national and international prospects for action to address what a true existential crisis.
The moral, to use Meyer’s phrase, is that Trump is a master of the two-step, baffling the unwary (aka, seemingly, the entire New York Times staff) while proceeding behind that verbal smokescreen towards the worst possible choices. We need a much more vigilant press, and a brave one.
Image: Hieronymous Bosch, The Temptation of Saint Anthony (left panel detail), 1495-1515. Not an exact match to the post, but I’m kinda just looking for apocalyptic images these days, and this certainly works for that.
You be the referee
The NFL had an interesting case of aggressive rules lawyering this weekend by the Baltimore Ravens:
The basic exploit that the Ravens hacked is that a game can end on an offensive penalty. A punt is considered an offensive play for rule purposes. So the Ravens wanted to minimize their risk and they were willing to concede two points to kill the clock as those two points only mattered to the gamblers that the NFL officially pays no mind to. If you believe that, you need to get into the bridge buying business. The Ravens punt team held every potential defender until the punter could run out the clock and then step out of bounds.
That was legal and the game was over on a cheap but legal play.
So let’s think as referees for this scenario. The first thing to do is try to figure out the assumptions behind the rule. The assumption is that most of the time the offensive team if it is actively playing the ball instead of kneeling needs the points. In that assumption, it makes no sense to reward a team for committing a penalty as yardage in the last 10-20 seconds of a game is far less valuable than time. The scenario that this guards against is the offensive team needing to go 30 yards for a TD, the QB seeing nothing open and he tells his center to hold his opponent after a four count to get another shot at the end zone. This makes enough sense although the rule that the fouled team can decline the penalty also guards against this advantage transfer scenario.
If I was a soccer referee and I saw a team up 1-0 taking a goal kick have their ten field players clutch, grab and piggy back ride their opponent’s field players to run out the time, my first response in a USSF/FIFA match would be to continue to add time after I book the entire team for unsporting behavior. NFL officials don’t have the ability to add time on a non-defensive penalty. Once the clock hits 00:00 the game is over if the ball is no longer in play.
I would be worried about retaliation. If I was an NFL coach I would tell my defensive players to hold, kick, punch, apply illegal hands to the face and otherwise attempt to draw a flag on themselves as soon as they feel like they are being fouled. That creates offsetting penalties and another nice big mess for the referees to handle.
This was creative rules lawyering by the Ravens. The NFL will respond. My bet is that the defensive team in cases of egregrious planned tactical fouling will be allowed to elect to have the play replayed at the original time on the clock. As soon as there is no reward of taking time away, this behavior that brings the game into disrepute will no longer be engaged in.
/OPEN THREAD
Monday Afternoon Open Thread
Here’s an intriguing photo from reader “cope” featuring a waterspout on the edge of a squall:
Continuing the rain theme: I pulled a great hoax on my husband earlier today. A while back, he attempted to replace the shower head in the master bathroom with a fancy new “rain” model. But when he was unscrewing the old fixture, the connector that attached it to the water pipe sheared off behind the tile wall.
The mister experimented with various ways to remove the broken connector in his spare time. Meanwhile, we were forced to take showers in the other bathroom, which is a tub enclosure rather than a shower stall.
I just hate tubs — I had never used that shower in the 12 years we’ve lived here until this plumbing crisis for that reason — so I was all for calling a plumber right away. The mister thought he could save a few bucks by figuring it out himself…when he had time to fool with it. His big fear was the plumber would have to knock down part of the tile wall to get at the problem, which would be an expensive mess to fix on top of the plumbing bill.
Long story not quite as interminably long, he finally gave up and agreed on the need for a professional, but did so the day before Thanksgiving. So I had to wait until today to call a plumber, who showed up within half an hour and fixed the pipe in a jiff (without wall damage) for an extremely reasonable fee — all while my husband was out.
Instead of telling my husband about this marvelous jewel of a plumber, I told him I had figured out how to fix the pipe. I told him I’d used pliers to reach through the hole and pull the pipe forward, sawed off the broken connector without damaging the threads and installed the new connector and shower head. And he believed me!
We’ve been married for 20 years and do not lie to each other about important things (e.g., money, birth control, etc.), but we do occasionally make up fantastic stories to see how gullible the other person is. Actually, he is much more prone to do that than I am, so much so that my first reaction is to disbelieve him when he tells an outlandish tale. He’s actually got quite a talent for making up plausible-sounding explanations for scientific phenomena, historical events, etc., inventing things out of whole cloth, right on the spot.
So I was very proud of my ability to pull off the plumbing hoax with a straight face, for the five minutes or so I was able to maintain the illusion without laughing at his astonishment. He’ll try to get back at me somehow, but I will be ready. Anyhoo, open thread!
Breaking: Ongoing events at The Ohio State University
An active shooter event and law enforcement response began this morning around 10 AM EST. NBC4 Columbus has reported that local law enforcement has killed the shooter, taken two other men into custody, eight individuals have been injured. They have reported that there was a vehicular incident as well: a driver ran over several people, though it is unclear how that is or may be related. Additionally, at least one of the students interviewed indicated he heard an explosion in addition to three gunshots.
The shelter in place has been lifted as has the active shooter alert, but all OSU classes have been cancelled today.
Here’s the link to NBC4 Columbus’s live feed.
And here’s OSU Campus Police’s twitter’s most recent update.
UPDATE 1/2 : Shelter in Place lifted. Scene is now secure. ALL classes are canceled on Columbus campus for the remainder of the day.
— OSU Police (@OSUPOLICE) November 28, 2016
UPDATE 2/2: Area around 19th & College Ave. is closed. List of buildings closed and additional information at https://t.co/5eIPORv9us
— OSU Police (@OSUPOLICE) November 28, 2016
Breaking: Ongoing events at The Ohio State UniversityPost + Comments (69)