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Heather Cox Richardson: Republicans Abandoned Democracy to Stay in Power

By dianeravitch
January 18, 2025 //
6

Heather Cox Richardson wrote the following brilliant article about the machinations of the Republican Party in North Carolina. Since winning control of the General Assembly (legislature) in 2010, the state GOP has gerrymandered Congressional districts and state districts to hold onto power. Democrats win statewide races, as they did in 2024, but the legislature strips the powers of the Governor and the state Attorney General.

It’s a shocking story .

She writes:

Almost ten weeks after the 2024 election, North Carolina remains in turmoil from it. Voters in the state elected Donald Trump to the presidency, but they elected Democrat Josh Stein for governor and current Democratic representative Jeff Jackson as attorney general, and they broke the Republicans’ legislative supermajority that permitted them to pass laws over the veto of the current governor, Democrat Roy Cooper. They also reelected Justice Allison Riggs, a Democrat, to the state supreme court.

Republicans refuse to accept the voters’ choice.

In the last days of their supermajority, under the guise of relieving the western part of the state still reeling from the effects of late September’s Hurricane Helene, Republican legislators stripped power from Stein and Jackson. They passed a law, SB 382, to take authority over public safety and the public utilities away from the governor and prohibited the attorney general from taking any position that the legislature, which is still dominated by Republicans, does not support.

The law also radically changes the way the state conducts elections, giving a newly elected Republican state auditor power over the state’s election board and shortening the amount of time available for the counting of votes and for voters to fix issues on flagged ballots.

Outgoing governor Cooper vetoed the bill when it came to his desk, calling it a “sham” and “playing politics,” but the legislature repassed it over his veto. Now he and incoming governor Stein are suing over the law, saying it violates the separation of powers written into North Carolina’s constitution.

There is an important backstory to this power grab. North Carolina is pretty evenly split between Democrats and Republicans. In 2010, Republican operatives nationwide launched what they called Operation REDMAP, which stood for Redistricting Majority Project. The plan was to take control of state legislatures across the country so that Republicans would control the redistricting maps put in place after the 2010 census.

It worked. In North Carolina, Republicans took control of the legislature for the first time in more than 100 years. They promptly redrew the map of North Carolina’s districts so that the state’s congressional delegation went from a split of 7 Democrats and 6 Republicans in 2010 to a 9–4 split in favor of Republicans in 2012 despite the fact that Democrats won over 80,000 more votes than their Republican opponents. By 2015 that split had increased to 10–3.

The same change showed in the state legislature. North Carolina’s House of Representatives has 120 seats; its Senate has 50 seats. In 2008, Democrats won the House with 55.14% of the vote to the Republicans’ 43.95%. And yet in 2012, with the new maps in place, Republicans won 77 seats to the Democrats’ 43. The North Carolina Senate saw a similar shift. In 2008, Democrats won 51.5% of the vote to the Republicans’ 47.4%, but in 2012, Republicans held 33 seats to the Democrats’ 17.

When they held majorities in both chambers, Democrats passed laws that made it easier to vote, and voter turnout had been increasing with more Black voters than white voters turning out in 2008 and 2012. But in 2012, Republicans used their new power to pass a sweeping new law that made it harder to vote.

When courts found those maps unconstitutional because of racial bias, the state legislature wrote a different map divided, members said, not according to race but according to political partisanship, despite the overlap between the two.

“I’m making clear that our intent is to use the political data we have to our partisan advantage,” said state representative David Lewis, who chaired the redistricting committee. “I propose that we draw the maps to give a partisan advantage of 10 Republicans and three Democrats because I do not believe it’s possible to draw a map with 11 Republicans and two Democrats.” Lewis declared: “I think electing Republicans is better than electing Democrats. So I drew this map to help foster what I think is better for the country.”

That map, too, skewed representation. Although Democrats won a majority of votes for both the state House and the state Senate in 2018, Republicans held 66 out of 120 seats in the House and 29 of 50 seats in the Senate. Although they had lost the majority of the popular vote, Republican leaders claimed “a clear mandate” to advance their policies.

The fight over those maps went all the way to the Supreme Court, which said in Rucho v. Common Cause that the federal courts could not address partisan gerrymandering. Plaintiffs then sued under the state constitution, and in late 2019 a state appeals court agreed that the maps violated the constitution’s guarantee of free elections. A majority on the state supreme court agreed.

The court drew a new map that resulted in an even split again in the congressional delegation in 2022 (North Carolina picked up an additional representative after the 2020 census). But Republicans in that election won two seats on the North Carolina Supreme Court. In late spring 2022 the new right-wing majority said the state courts had no role in policing gerrymandering. The state legislature drew a new congressional map that snapped back to the old Republican advantage: in 2024, North Carolina sent to Congress 10 Republicans and 4 Democrats.

But they also reelected Justice Allison Riggs, a Democrat, to the North Carolina Supreme Court, by 734 votes. Her challenger, Republican Jefferson Griffin, has refused to concede, even after the two recounts he requested confirmed her win. He is now focusing on getting election officials to throw out the ballots of 60,000 voters, retroactively changing who can vote in North Carolina.

There has been a fight over whether the case should be heard in federal or state court; Griffin wants it in front of the state supreme court, which has a 5–2 majority of Republicans. Last Tuesday the state supreme court temporarily blocked the state elections board from certifying Riggs’s win while it hears arguments in the case.

As Will Doran of WRAL News explains, Republicans currently have a court majority, but three of the seats currently held by Republicans are on the ballot in 2028. Taking a seat away from Riggs would ensure Democrats could not flip the court, leaving a Republican majority in place for redistricting after the 2030 census.

The Princeton Gerrymandering Project gives North Carolina an “F” for its maps. In states that are severely gerrymandered for the Republicans, politicians worry not about attracting general election voters, but rather about avoiding primaries from their right, pushing the state party to extremes. In December, Molly Hennessy-Fiske of the Washington Post noted that Republican leaders in such states are eager to push right-wing policies, with lawmakers in Oklahoma pushing further restrictions on abortion and requiring public schools to post the Ten Commandments, and those in Arkansas calling for making “vaccine harm” a crime, while Texas is considering a slew of antimigrant laws.

This rightward lurch in Republican-dominated states has national repercussions, as Texas attorney general Ken Paxton in December sued New York doctor Margaret Daly Carpenter for violating Texas law by mailing abortion pills into the state. Law professor Mary Ziegler explains that if the case goes forward, Texas will likely win in its own state courts. Ultimately, the question will almost certainly end up before the U.S. Supreme Court.

In the United States today, a political minority has used the mechanics of government to take power and is now using that power to impose its will on the majority. The pattern is exactly that of the elite southern enslavers who in the 1850s first took over the Democratic Party and then, through it, captured the Senate, the Supreme Court, and the White House and tried to take over the country.

The story of the 1850s centered around the determination of southern planters to preserve the institution of human enslavement underpinning the economy that had made them rich and powerful, and today we tend to focus on the racial dominance at the heart of that system. But the political machinations that supported their efforts came from the work of New York politician Martin van Buren, whose time in the White House from 1837 to 1841 ultimately had less effect on the country’s politics than his time as a political leader in New York.

In the early 1800s, van Buren recognized that creating a closed system in the state of New York would preserve the power of his own political machine and that from there he could command the heavy weight of New York’s 36 electoral votes—the next closest state, Pennsylvania, had 28, after which electoral vote counts fell rapidly—to swing national politics in the direction he wanted. Van Buren’s focus was less on reinforcing enslavement for racial dominance—although he came from a family that enslaved its Black neighbors—but on money and power.

Van Buren set up a political machine known as the Albany Regency, building his power by taking over all the state offices and judgeships and by insisting on party unity. He opposed federal funding of internal improvements in the state, recognizing that such improvements would disrupt the existing power structure by opening up new avenues for wealth. Elected to the U.S. Senate in 1820, he used his machine to elect Andrew Jackson to the White House on a platform promising “reform” of the federal government calling for economic development, a government the Democrats claimed had fallen into the hands of the elite. Once in power, Jackson used the federal government to benefit the enslavers who dominated the southern states.

That focus on preserving power in the states to keep political and economic power in the hands of a minority is a key element of our current moment. After the 1950s, as federal courts upheld the power of the federal government to regulate business and promote infrastructure projects that took open bids for contracts, they threatened to disrupt the economic power of traditional leaders. While state power reinforces social dominance as a few white men make laws for the majority of women and racial, gender, and religious minorities, it also concentrates economic power in the states, which in turn affects the nation.

When a Republican in charge of state redistricting constructs a map based on his idea that “electing Republicans is better than electing Democrats,” and when a Republican candidate calls for throwing out the votes of 60,000 voters to declare victory in an election he lost, they have abandoned the principles of democracy in favor of a one-party state that will operate in their favor alone.

Categories Accountability, Cheating, Corruption, Democracy, Disruption, Elections, Ethics, Evil, Extremism, Fraud, North Carolina

Autocracy in North Carolina: Who Won the Election for State Supreme Court?

By dianeravitch
January 12, 2025 //
8

Typically, in this country, elections are decided by the voters. The candidate who gets the most votes wins. But that’s not what is happening in North Carolina, where a corrupt Republican Party pulls every imaginable trick to steal seats, gerrymander districts, and throw out votes–anything to win.

Jay Kuo writes an excellent blog at Substack–called The Status Kuo–where he dissected a political theft in broad daylight. Among other things, Kuo is a lawyer.

He writes:

There’s little that stuns me these days from Republican bad faith actors. But yesterday’s headlines out of North Carolina made me catch my breath, at least until I heard myself cursing aloud.

Here’s the top line news: The GOP-dominated North Carolina state supreme court has halted the election certification of one of its Democratic members, Justice Allison Riggs. That’s right, the Court has decided that it will decide who will sit on the bench among its justices.

Let me be very clear. This election is over, and Justice Riggs won. The race was very tight, as it often is in that state. Riggs won by just 734 votes out of a total of 5.5 million cast. No less than two recounts confirmed her victory. As a point of comparison, when a Democratic supreme court candidate lost an even closer race by 401 votes in 2020, he conceded after the second recount.

The recounts should have been the end of it, but no. The Court has now agreed to hear a case filed by Justice Riggs’s opponent, Judge Jefferson Griffin of the state Court of Appeals, demanding that over 60,000 mail-in votes cast in that election be disqualified. If the Court agrees with this madness, state law would require a complete do-over of that election (and of course, no other election, including Trump’s electoral win in the state).

It’s an unprecedented, dangerous, anti-democratic move that, as I’ll discuss below, even the most extreme election denialists wouldn’t touch as part of their strategy. Together with the GOP’s other recent attacks on democracy in that state, North Carolina is in danger of tipping into one-party rule, just as we’ve seen in Florida. This is happening even as—or perhaps precisely because—the state’s voters have consistently elected Democrats to the highest statewide offices.

Filling in the missing blanks?

The gist of the lawsuit is so absurd as to be laughable, except that no one is laughing now.
To understand how we got here, we need to go back to 2004. The North Carolina legislature passed a law that year requiring a driver’s license or social security number when registering to vote. That’s a bit stricter than other states and often results in disproportional disenfranchisement of minority voters, but it’s not unheard of.

But here’s where it gets wonky. A widely used voter registration form printed at the time failed to include a place for registrants to actually provide the required ID. As a consequence, over the years thousands of voters unwittingly registered without providing an ID required under state law.

It is reasonable, and logical, to presume that completing an official state form as printed should result in a proper voter registration. But no! Griffin now argues that any registrations that failed to provide an ID number simply should not count today.

In his challenge, Griffin has targeted over 60,000 mail-in votes, with the greatest impact on racial minorities who tend to vote Democratic. An analysis of the voter challenges by the local News & Observer in North Carolina found that Black voters were twice as likely to have their votes challenged as white voters.

Further, mail-in votes in general tend to skew Democratic ever since the pandemic and as a result of Trump’s false and conspiratorial statements about the security of mail-in voting. And in a twist, the affected registrations happen also to include both of Justice Riggs’s elderly parents.

Griffin asserts this claim, and the state Supreme Court has agreed to hear it, even though there is no evidence that any voter who cast a ballot was otherwise ineligible to vote; most mail-in ballots provided proof of identification anyway; and the missing information was not the applicants’ fault.

In short, the GOP is seeking to change the rules after the fact and get handed a win by a partisan court. So you can understand Justice Riggs’s astonishment and frustration and the profound concerns of democracy activists.

Indeed, the idea of going back to the voter registrations and trying to find ones you could throw out on technicalities like this was raised and considered by some of the worst organizations that promote outright election denialism, such as the so-called “Election Integrity Network.” And even there, the idea met with resistance and got shot down. As ProPublica reports,

“Months before voters went to the polls in November, a group of election skeptics based in North Carolina gathered on a call and discussed what actions to take if they doubted any of the results.
“One of the ideas they floated: try to get the courts or state election board to throw out hundreds of thousands of ballots cast by voters whose registrations are missing a driver’s license number and the last four digits of a Social Security number.”

But that idea was resisted by two activists on the call, including the leader of the North Carolina chapter of the Election Integrity Network. The data was missing not because voters had done something wrong but largely as a result of an administrative error by the state. The leader said the idea was “voter suppression” and “100%” certain to fail in the courts, according to a recording of the July call obtained by ProPublica.

Similarly, when Griffin first lodged his protest in December before the state’s Elections Board, lawyers for Justice Riggs argued that the claim “amounted to a ludicrous request for a do-over”:

“Whether playing a board game, competing in a sport or running for office, the runner-up cannot snatch victory from the jaws of defeat by asking for a redo under a different set of rules,” they said. “Yet that is what Judge Griffin is trying to do here.”

Democrats in North Carolina are understandably fighting mad about the suit, accusing Griffin and the state GOP of seeking to overturn the election results. As state Democratic Party Chair Anderson Clayton said in a news release, Justice Riggs “deserves her certificate of election and we are only in this position due to Jefferson Griffin refusing to accept the will of the people. He is hellbent on finding new ways to overthrow this election but we are confident that the evidence will show, like they did throughout multiple recounts, that she is the winner in this race….”

The state’s Supreme Court has already shown its partisan stripes before and even affected national politics. Recently, it allowed the GOP to re-gerrymander the state’s district lines and squeeze three Democratic congressional seats out of realistic contention. This happened just one election after the same Court, then with a liberal majority, approved maps apportioning the purple state fairly at seven seats for each party.
Those three lost seats cost the Democrats the Congressional House majority in 2024, proving that local and state politics can have lasting national consequences.

This past fall, following statewide elections that saw Democrats prevail up and down the ticket, the GOP legislature, which itself is ensconced through brutal gerrymandering, voted to strip the new Democratic governor of his power to appoint state Elections Board members. This is a dangerous move now under challenge by the governor’s office. If ultimately successful, it would hand the GOP the power to control and administer elections in the state.

If the move to disenfranchise over 60,000 North Carolina voters over an immaterial and unknown technical defect is any indication, a remaking of the Elections Board by the GOP would deal another heavy blow to democracy in the state. The GOP there has demonstrated time and again that it will act in bad faith in the pursuit of raw power, and now the ultimate question—one of democracy itself—has reached the cynical and feckless majority of the state Supreme Court.

It sadly may prove true that the only message the GOP in North Carolina will ever understand is one of resounding electoral defeat. That worked in Wisconsin, when in 2023 a progressive Supreme Court candidate destroyed the MAGA one by double digits in a special election where voters had grown tired of extremists’ dirty political tricks. That state’s grotesque gerrymanders are now a thing of the past, and party representation at the state level (and soon national level) far better reflects realities on the ground in that state.

A similar wake-up and shake-up in North Carolina is long overdue.

Categories Accountability, Cheating, Corruption, Democracy, Elections, Ethics, Evil, Fraud, Injustice, North Carolina

Network for Public Education Launches National Center on Charter School Accountability

By dianeravitch
September 25, 2024 //
14

Having spent years covering charter scandals and seeking accountability for charters, the Network for Public Education realized that it could not compete with the high-powered corporate public relations firms representing the charter school industry. So, we decided, the only way to get accountability is to do it ourselves.

So NPE established the National Center on Charter School Accountability, which will produce reviews of charter school performance.

Here it is:

Categories Accountability, Charter Schools, Cheating, Closing schools, Education Industry, Education Reform, Network for Public Education, Privatization

Lottery Scams in Mass. and Texas: How to Beat the System, Win Millions, and (Maybe) Get Away with It

By dianeravitch
September 1, 2024 //
4

Every once in a while, you read a story about a person winning the lottery twice or three times, and it seems amazing that anyone could be so lucky. But when the same person wins the lottery thousands of times, something is wrong. The two biggest lottery scams in recent years happened in Massachusetts and Texas. The trick was different in each case but very effective. The perpetrators of the winning plan were jailed in Massachusetts, but not in Texas, where almost anything is legal except abortion.

In Massachusetts, the story appeared in the Boston Globe magazine about a family—a father and two sons—who collected $20 million from the lottery in less than a decade, with more than 14,000 winning tickets.

Dan O’Neil, the director of compliance and security for the Massachusetts State Lottery Commission, doesn’t typically get alerted when someone shows up to claim a $1,000 prize from a scratch-off ticket. Such transactions are usually quiet, pleasant, unremarkable. The lucky winner produces the ticket and the agent, sitting at a counter behind a pane of glass in Dorchester, doles out the money.

The call came from a customer service agent in the lobby at lottery headquarters and the message was short. The Jaafars are here again, the agent said. Yousef Jaafar, this time….

An information technology expert at the lottery had run the math to show just how unlikely it was. An instant-win game called “$10,000,000 Big Money” had a 1 in 1,106.72 chance of producing a jackpot of $1,000 or more, he reported. Yet somehow, over a recent span of six months, the Jaafars had managed to claim nearly $2 million in winnings, the bulk of it from instant tickets like “$10,000,000 Big Money.” To win at that rate, the Jaafars would’ve had to purchase 22,859 such tickets every day, 952 tickets every hour, 16 tickets every minute. “Every minute of every day,” the official said. “Twenty-four hours a day.”

In lottery terminology, there was a name for this. The Jaafars were “high-frequency winners.” They were also breaking the law and the rules of the lottery itself by working with dozens of convenience store operators in an underground network where everyone was trying to avoid paying taxes on lottery prizes. In this network, everyone got cash under the table while the Jaafars got the winning tickets to claim as their own. A lot of them. In 2019 alone, the Jaafars claimed more than $3.2 million in winnings. Yousef was the sixth-highest ticket casher in the entire state that year, Mohamed was third, and their father topped the list…

The Jaafars’ scheme was built on a premise that’s been known to gamblers for decades: Some people prefer not to publicly claim their winnings, particularly if they want to hide money from the Internal Revenue Service.

At American racetracks since at least the 1960s, these reluctant winners have turned to “ten percenters” for help. In the shadows beneath the grandstands, ten percenters would pay cash for someone’s winning ticket, minus a 10 percent cut off the top and often even more — 15 or 25 percent. The real winner would walk away with cash in hand, off the books, tax-free, while the ten percenter would claim the full prize at the racetrack window and often avoid taxes by claiming large gambling losses at the end of the year or by submitting fake identification at the track.

It usually amounted to tax evasion and could have devastating ramifications: the government sometimes lost as much as $1 million a week in tax revenue at a single track. It was only a matter of time before a similar practice of ten percenting infected state-run lotteries. For any jackpot over $600, winners have to produce a valid ID and Social Security number, and pay taxes. Those who owe back taxes or child support have one more obstacle to clear: Massachusetts authorities will take that money before paying out any winnings.

In this world, someone holding a scratch-off ticket worth $1,000 can sell their prize to a convenience store operator for $750 or $850. The winner leaves with cash under the table. The convenience store clerk picks up the phone and calls a runner. This person shows up and buys the ticket for the discount price, minus a cut for the clerk — maybe $50. The runner then pretends to be the real winner and claims the ticket at a lottery office for its full value, scoring a profit of $100 or $200.

Quite a racket. But they didn’t get away with it. The father was sentenced to five years in prison, the older son got 50 months, and the younger son got a plea deal.

In Texas, a slick operation based in New Jersey managed to score a $95 million jackpot by buying every numerical combination.

By April 22, seven months had passed without a winner of the jackpot, and the top prize had grown to $95 million.

That night’s draw — 3, 5, 18, 29, 30, 52 — matched a single ticket purchased in a small store in Colleyville, outside of Fort Worth. 

Winners have six months to claim their prize, either in payments over 30 years or a lump-sum, typically worth about half. On June 27, the state of Texas issued a check for $57.8 million to a New Jersey-based limited partnership apparently formed to collect the jackpot, called Rook TX.

The Texas Lottery Commission, whose proceeds mainly fund public education, celebrated the big win — “generating much needed revenue for Texas Schools,” then-Executive Director Gary Grief wrote. “What the Texas lottery is all about.”

But a statistical analysis of the April 22 Lotto Texas drawing strongly suggests that night’s draw wasn’t what a lottery is about at all. Rather, the numbers indicate Rook TX beat the system.

Unbeknownst to the millions of players who’d invested their hopes and dreams into the game and its life-changing jackpot, the winner had already been decided.

Rook TX appears to have engineered a nearly risk-free — and completely legal — multimillion-dollar payday.

And the state of Texas helped.

Warning: Numbers ahead

While lottery players have occasionally exploited a hidden mathematical advantage to guarantee a lottery profit, there is one sure way to win a jackpot. Stefan Mandel did it 14 times, and it had little to do with luck. He simply bought up every numeric combination.

Yet Mandel, a Romanian economist and mathematician, had to master both probability and logistics. The jackpots needed to be both big enough to cover his costs, as well as favor his chances of being the only winner; splitting a payout could be ruinous. Because buying so many lottery tickets required going to dozens, if not hundreds of separate stores, he required a team of accomplices. 

The recent introduction in Texas of digital lottery apps has lowered the logistical obstacles. The Lotto Texas drawing of April 22, meanwhile, presented a perfect-storm of high reward and low risk that practically guaranteed that an opportunistic player with a sizable bankroll could walk away with tens of millions of dollars.

The evidence is in the numbers.

The first thing someone wanting to buy a lottery drawing would need to know: How many tickets would you need to buy to cover every numeric combination in a game like Lotto Texas? The answer, said Tim Chartier, a Davidson College math professor who studies sports and lottery analytics: 25.8 million.

Lotto Texas draws typically generate 1 million to 2 million ticket sales. Records from the Texas Lottery Commission show that in the days leading up to the Saturday night draw, just over 28 million Lotto Texas tickets were purchased.

That doesn’t prove Rook TX accumulated the nearly 26 million tickets necessary to guarantee a win. But an examination of the second prizes awarded indicates it almost certainly did.

In addition to the jackpot for matching all six numbers, Lotto Texas pays lesser prizes to players who guess five-of-six, four-of-six and three-of-six of the draw. The total possible combinations for each, according to Nicholas Kapoor, a Fairfield University statistics professor who studies lottery probability: 288 five-of-six combos, 16,920 four-of-six combos and 345,920 three-of-six winners.

Lower-value prizes can be cashed in at any retailer that sells tickets, and the state doesn’t track them. But Texas requires any prize over $599 to be redeemed at an official Texas Lottery Commission center, which records the winners. The April 22 drawing paid $2,015 to its five-of-six winners.

Records from the Texas Lottery Commission show Rook TX cashed in 289 winning tickets in the five-of-six game — the same number as all possible combinations plus one for the grand prize ticket. The odds a single entity managed to win the grand prize and every possible five-of-six prize — but somehow didn’t buy up every combination — are vanishingly small, said Chartier…

There is compelling evidence that Lotto Texas’ ballooning jackpot was being probed by sophisticated players in the weeks leading up to Rook TX’s big win.

With the jackpot climbing to $60 million, the April 1, 2023, draw saw a sudden sales spike. Three million tickets were purchased, more than double the previous game.

No one matched all six numbers, but the draw produced a large number of five-of-six winners. More unusual: 17 of the 40 winning five-of-six tickets were held by the same person — a rate that is extremely unlikely to have occurred randomly.

Records show the claimant, Thomas Ashcroft, purchased all his winners through two stores — the Colleyville outlet and Luck Zone, an app-affiliated store in Round Rock. Although Ashcroft gave a Connecticut address, the Chronicle could not locate anyone with that name in the region.

Another burst of sales preceded the April 15 drawing — 7.4 million tickets. While no one claimed the jackpot, the number of five-of-six winners was again high. This time, more than three-quarters of the 71 winners were claimed by a single entity — Rook TX. State records show it purchased all 55 winning tickets from the same two stores. 

For one entity to randomly win that many of the five-of-six prizes, Chartier calculated a person would have to play a lottery game every day for 327 years. 

The Texas Lottery Commission said there was nothing suspicious about the games, which it said were attracting more players because of the big prize and relatively good odds of winning: “This is not indicative of unusual activity in the lottery industry, but rather a strategic decision made by players or groups that are in pursuit of high jackpots.” 

A week later Rook TX won the $95 million jackpot and 289 five-of-six winners. The April 15 and 22 draws are the only times its name appears in the state’s registry of lottery winners.

The Texas Lottery Commission allows winners of $1 million and more to remain personally anonymous, so identifying Rook TX’s members is practically impossible. Delaware corporation records show it was formed two weeks before claiming the top prize. The limited partnership’s registered agent, Glenn Gelband, a lawyer in Scotch Plains, N.J., did not respond to a request for comment.

Texas lottery officials said there was nothing illegal about buying up all the numbers.

Massachusetts put the guys who played the system into prison. Texas can’t find them and apparently doesn’t care. The only way to beat the guys who beat the system is to hope that two or three other combines copy their tactics; they would all lose money by splitting the prize.

Categories Cheating, Corruption, Ethics, Fraud, Massachusetts, Texas

Arkansas Officials Disqualify Petition for Abortion Referendum

By dianeravitch
July 11, 2024 //
15

How naive some citizens of Arkansas were! They thought they could get a referendum on the state ballot to change the state’s draconian abortion ban which allows no exceptions for rape, incest or the life of the woman.

They gathered enough signatures to qualify for the ballot but the Secretary of State, no doubt acting with Governor Sarah Huckabee Sansers’ support, found reasons to throw the referendum proposal out. No democracy for Arkansas!

Axios reported:

Arkansas Secretary of State John Thurston on Wednesday rejected petitions for a proposed amendment to make abortion legal in the state again under certain circumstances.

Why it matters: The proposed amendment would allow abortion through the first 18 weeks of pregnancy, and also in cases of rape, incest, fatal fetal anomaly or to save the pregnant person’s life.

State of play: In a letter to Arkansans for Limited Government, which is spearheading the effort, Thurston said the group failed to submit a statement identifying all paid canvassers by name.

  • He said it also didn’t provide a statement confirming it had provided each canvasser with proper documentation and training about the state’s law before they started gathering signatures.

“By contrast, other sponsors of initiative petitions complied with this requirement. Therefore I must reject your submission,” Thurston wrote.

Between the lines: “Even if your failure to comply with [the law] did not require me to reject your submission outright, it would certainly mean that signatures gathered by paid canvassers in your submission could not be counted for any reason,” the letter reads.

  • Thurston claims 14,143 of the 101,525 submitted signatures were collected by paid canvassers.
  • The remaining 87,382 signatures collected by volunteers fall short of the required 90,704 for a proposed constitutional amendment.

What they’re saying: “At multiple junctures — including on July 5 inside of the Capitol Building — we discussed signature submission requirements with the Secretary of State’s staff,” Arkansans for Limited Government (AFLG) said in a statement emailed late Wednesday.

  • The secretary of state’s office supplied the organization with all paperwork to submit the petitions, AFLG said, adding that the group had no reason to suspect it was incomplete.

AFLG says it supplied a list of paid canvassers to the state, and that’s known because it was obtained through a Freedom of Information Act request to the Secretary of State’s office and “released by our opposition in an attempt to intimidate our supporters.”

  • More than 101,000 Arkansans participated in this heroic act of direct democracy and stood up to loudly proclaim their support for access to healthcare. They deserve better than a state government that seeks to silence them.”

The other side: “Today the far left pro-abortion crowd in Arkansas showed they are both immoral and incompetent,” Gov. Sarah Huckabee Sanders posted on X.

What we’re watching: It’s unclear what legal recourse Arkansans for Limited Government can take; however its statement concluded: “We will fight this ridiculous disqualification attempt with everything we have. We will not back down.”

Categories Arkansas, Cheating, Cruelty, Democracy, Elections, Gender, Health

The Case of Shani Robinson, Wrongly Accused of Cheating in Atlanta, Is Finally Resolved

By dianeravitch
July 10, 2024 //
27

In 2009, Atlanta’s school superintendent, Dr. Beverly Hall, was honored by the American Association of School Administrators as National Superintendent of the Year for the city’s amazing progress in the past ten years.

The scores seemed too good to be true for skeptical journalists. So that same year,the Atlanta Journal Constitution analyzed test results in the city’s schools and found some extraordinary gains that seemed improbable. The Georgia Bureau of Investigation launched a probe and released a report in July 2011 claiming that there was cheating in 44 out of 56 schools. The GBI charged 178 educators with changing answers to raise scores.

Dr. Hall was charged with multiple crimes in 2013. She was accused of putting pressure on teachers to raise scores and creating an atmosphere of intimidation and fear. She never went to trial. She died of cancer in 2015 at the age of 68.

Ultimately 35 educators were indicted and punished with jail time, fines or both. Twelve educators refused a plea deal, insisting on their innocence. Using the RICO statute, intended for racketeering, District Attorney Fani Willis continued to prosecute the 12 holdouts.

One of them, Shani Robinson, wrote a book insisting on her innocence. The book is titled None of the Above. I read the book and was persuaded that she had suffered a grave injustice. Shani was a first-grade teacher. Her students’ scores did not affect the district’s ratings. There were no stakes, no rewards or punishments attached to them.

She was offered a deal: Confess or turn someone else in, and all charges would be dropped. Because Shani refused to do either, she was convicted and sentenced to one year in prison, four years of probation,a fine of $1,000, and 1,000 hours of community service. She believes someone else named her to escape punishment. She has appealed repeatedly and has spent a decade in limbo, worrying about whether she would be sent to prison. Meanwhile, she married and has two children.

I wrote the following posts on her behalf and sent an affidavit to the judge.

In April 2019, I reviewed Shani’s book and became persuaded of her innocence.

In September 2019, I posted a video in which Shani insisted that she was innocent.

In February 2022, at Shani’s request, I wrote a post about my letter to the judge, in which I said,

Shani taught first grade, where the tests have no stakes for students or teachers. She had no motive or reason to cheat. 

I believe she was unjustly prosecuted by overzealous investigators. She could have pleaded guilty or accused others to avoid prosecution but she insisted on her innocence. 

I believe her.

In February 2023, I wrote an update, quoting two Atlanta lawyers who excoriated the prosecution, calling the case “a textbook example of overcriminalization and prosecutorial discretion gone amok…”

In October 2023, Shani wrote an update on the case for my blog.

She wrote:

This RICO indictment has hung over my head for the past 10 years, leading to a diagnosis of Post Traumatic Stress Disorder (PTSD). The impact of PTSD and the fallout from the trial has taken a significant toll on my family. I have 2 small children, sothe thought of going to prison and being separated from them is agonizing. There are 6 defendants, including me, still appealing convictions. We’ve all been able to remain out of prison thus far due to being on appeal bonds. But the case has been handled so poorly; the entire appeals process restarted this year with no end in sight. Millions of tax players dollars have already been spent on this trial. 

 Last year brought a ray of hope: Judge Jerry Baxter granted a new sentence for a principal who was convicted, enabling her to avoid prison and do community service instead. I’m hopeful that Fulton County District Attorney Fani Willis and Judge Jerry Baxter will come to the realization that RICO was misused in our case and find a peaceful resolution. 

The long ordeal is finally over.

A few days ago, Shani and the other holdouts arrived at a plea deal. They had to make a public apology to the children of Atlanta, admitting their guilt, in exchange for no prison time. In addition, she is required to pay a fine of $1,000 and give 1,000 hours of community service.

I believe Shani. I believe she is innocent. I think it’s a travesty that she had to admit guilt in order to avoid prison. That was the deal. I wish she could sue the city of Atlanta for destroying her profession and ruining 15 years of her life.

Categories Accountability, Atlanta, Cheating, Cruelty, Ethics, Fraud, Georgia, Teachers

David Pepper: Democracy Wins in Missouri, for a Change

By dianeravitch
May 26, 2024 //
9

David Pepper describes a stunning victory for democracy in Missouri for outnumbered Democrats. Remember how the Republican-controlled Ohio legislature promoted a referendum called Issue 1 to require all future referenda to get 60% of the vote to pass? They were trying to defeat a referendum on abortion by raising the bar. Voters got wise and defeated the measure. Voters then protected abortion rights with 58% of the vote. Democracy means majority rule, not tampering with the process to defeat majority rule.

On May 18, David Pepper posted this good news on his blog Pepperspectives:

Yesterday proved once again why you never stop fighting for democracy. 

Anywhere. Ever!

For months, Missouri Republicans have been scheming to bring an Issue 1-style attack on direct democracy to their state, where voters have a tradition of using ballot initiatives to exercise their will—including recently expanding Medicaid and legalizing marijuana. And the GOP plan was to sneak the attack through this August, right before a November referendum on reproductive freedom.

You remember Issue 1, right? Where they tried to raise the threshold for constitutional amendments in Ohio to 60%?

Our amazing campaign to crush that monstrosity heated up about a year ago. (Yes, time flies):

Well, as I wrote in “Laboratories of Autocracy,”GOP statehouses always learn from their failures. And adjust. 

And in Missouri, the GOP response was a more sneaky version of Issue 1—where they would’ve required that in addition to a simple up or down vote across the state, a majority of voters in 50% of House districts (you know, highly gerrymandered districts) would have been required for any referendum to gain approval. And that essentially would have locked in a severe form of minority rule even more onerous than a 60% threshold. One study found that as few as 20% of Missouri voters could block an effort under such rules. 

Still, the GOP would’ve falsely insisted that majority rule was still protected. They even tried to add “ballot candy”—such as a ban on non-citizens voting even though they already can’t vote in Missouri—to fool voters into supporting an attack on their own rights. And this could’ve been voted on in August, months before Missouri voters would be voting on an amendment on reproductive freedom in November. 

Overall, it felt like stopping this would be an uphill battle. Downright scary. 

But… 

…Democrats, although outnumbered in Missouri, resisted at every turn. Many more are running this year, bringing accountability to far more sitting incumbents. And current Democratic state senators held the Senate floor in a more than two-day filibuster (the longest in state history) earlier this week.

And yesterday? The Missouri GOP ran out of time. 

The awful, anti-democracy bill died. 

As my friend Jess Piper told me:

“The Freedom Caucus was dead set on stealing one person, one vote. They were beaten by a 50 hour filibuster by Senate Dems and by reading the room. This is the first in their defeats…we’ll also win on the abortion question in November.”

Amazing. Keep going!

Categories Cheating, Democracy, Elections, Missouri

Rick Wilson: The “Both-Sides” Argument is Dangerous

By dianeravitch
April 28, 2024 //
11

Rick Wilson, a Never-Trump Republican and a founder of The Lincoln Project, warns about the danger of normalizing Trump:

I’m seeing a lot of traditional, DC “bothsides” reporting lately, arguing that this is at some level a “normal” election between a center-left Democratic party and a center-right Republican party.


This morning, Axios published a piece by Mike Allen and Jim VandeHei titled “Behind the Curtain: America’s reality distortion machine,” which caused a stir in political media circles.


It leads out with a question: “Here’s a wild thought experiment: What if we’ve been deceived into thinking we’re more divided, more dysfunctional, and more defeated than we actually are?” and proceeds to make some pretty good arguments about why we’re not a dystopian hellscape. I think they missed the big point, and this piece will stand out as a Washington Normalcy Bias exemplar for a long time.


My friend Molly Jong-Fast lit them up on Morning Joe,
She had precisely the right response: “But you understand that the conventional framing elevates the autocrat.”


No, not every American — in fact, not even a majority — is locked in the day to day of political struggle. Yes, there are silos. Yes, the algorithmic hypnosis of social media is real.


I cede all those points. America is a nation filled with hundreds of millions of people who aren’t partisan jihadis, left or right. There really is a desire for basic decency, decoupled from political rage, induced or not.

They’re not wrong to make these points, and the America they describe is one we should crave—not being involved in politics every moment of the day is a luxury only present in stable democracies.


But they ignore the existential issue underpinning this all.


We aren’t in a nation where the sensible center will survive if Donald Trump wins.


Only one side of the political argument wants their president to govern like a dictator. Only one side believes that the President is above the law — if his name is Donald Trump. Only one side of the political equation mounted an armed attack on the United States Capitol.


Only one side has welcomed the “no enemies to our right” philosophy, which means their party winks and nods at the alt-reich, the white nationalists, and the rest of the Daily Stormer crowd. Only one side is banning books, diving deeply into the seas of culture war cruelty and persecution.


Only one side backs America’s enemies abroad and promises to hand Europe over to Vladimir Putin on a plate. I could recite the Bill of Condemnation all day, but you understand the point.


The political movement that embraces the aforementioned horrors is MAGA, and its sole leader is Donald Trump.

Once again, the world is playing chess, and Donald Trump is eating the pieces and crapping on the board, and instead of horror, the reaction is a shrug.


This isn’t a regular election with typical outcomes.


Ordinary people living ordinary lives who think politics doesn’t matter and that the world will go on as it has can’t grapple with what happens in a post-American Presidency. It seems a lot of Washington reporters can’t either.


Normalcy bias is the best friend of authoritarians. If you think the algo-driven bubble on social media is robust, nothing tops normalcy bias. This cognitive bias can play into the hands of authoritarian regimes or leaders in a few ways:


It plays to the natural tendency for people to underestimate the possibility of a disaster, dictator, or disruptive event coming to the fore. It lets people assume that things will continue as normal because they’ve always been that way. (Berlin, 1936, anyone?)


It lulls people into complacency: they assume things will continue as they always have, and like frogs boiling in a slow pot, they may fail to recognize creeping authoritarianism and the erosion of democratic norms and civil liberties until it’s too late.


It makes people—even people reporting on it professionally—miss clear signals that a movement or regime is becoming more authoritarian, even when its leaders lay out their plans in broad daylight.

Once you say, “It can’t happen here,” there’s a high likelihood it’s already happening.
The normalcy bias makes people slow to react and resist authoritarian encroachments because they don’t perceive the seriousness of the threat until it’s too late.


Normalcy bias also rears its ugly head after the damage is done. Authoritarian actions are emergencies, you see. “The Caravan! Antifa! Transing the kids!” demand temporary measures lulling citizens into acceptance of the worst…and the temporary measures seem to last forever.

People convinced that the current system is immutable are less likely to make contingency plans or organize resistance against potential authoritarianism taking root. Trust me, the Never Trump folks screaming into the void for the last decade can tell you all about this one.
It’s tempting to hope that societal inertia in the center will overcome the energy and danger on the MAGA flank.


It hasn’t, and it won’t.

Categories Bigotry, Cheating, Corruption, Cruelty, Democracy, Disruption, Elections, Ethics, Evil, Extremism, Fascism, Trump

Frank G. Splitt Reviews Liz Cheney’s “Oath and Honor”

By dianeravitch
April 8, 2024 //
5

Frank G. Splitt is a regular reader of the blog and a retired engineer of great distinction. He sent me his Amazon review of Liz Cheney’s best-selling book about the Congressional hearings conducted by the January 6 Select Committee. I have been meaning to review the book myself but put it off and am glad to print Frank’s review, as I agree with him.

I found the book to be absorbing, revealing what Congressional leaders said to one another on the day of the insurrection, as well as the inner workings of the January 6 Committee. Cheney doesn’t pull her punches. She was appalled by Trump’s disrespect for the Constitution and his egregious lying. She is contemptuous of Congressionals leaders like Kevin McCarthy who first condemned the violent attack, then turned on a dime to bend his knee to Trump.

Liz Cheney gave up her leadership role because of strong principles. Chief among these was her oath to the Constitution. She refused to betray it, and by doing so, she gave up the likelihood that she would one day be Speaker of the House. Very few Republicans were willing to follow her lead. I have immense respect for her.

Frank G. Splitt writes:

Liz Cheney wrote the book with purpose in mind: to assure that the January 6 Select Committee’s work that revealed the culpability of former president Donald Trump in the January 6.2021, attack on the U.S. Capital would not only be thoroughly documented for posterity, but would also illuminate in detail his criminal behavior backed by solid evidence via trustworthy testimony, mostly from members of his own administration.


The book is fact-based and well organized—providing the author’s first-hand beginning-to-end account of the January 6th, 2021, insurrection from outside and inside the halls of the Capital. She tells in consummate detail how, in the aftermath of the 2020 presidential election, Donald Trump ignored the rulings of dozens of courts, plotted to overturn a lawful election, and provoked a violently egregious attack on our Capitol. Cheney goes on to tell how Trump and his congressional enablers broke their oaths of office— betraying the American people and the Constitution in their attempt to prevent the counting of electoral votes and so keep Trump in office.


Liz Cheney helped organize and lead the Congressional Select Committee investigation into how it happened. In her book she tells the story of this perilous moment in our history—exposing those who helped Trump spread his stolen-election lie while forsaking her promising political career in the process.


In the end, I am disappointed not only with the gullibility of so many American citizens who buy into Trump‘s lies, but even more so with craven politicians who keep silent for fear of losing their positions in Congress. No doubt, Cheney would have been near the top of the list of courageous U. S, Senators in John Kennedy’s 1956 book Profiles in Courage.


I am also somewhat disappointed that Trump did not respond to the Select Committee’s subpoena to testify before the committee. By not appearing, Cheney was denied the opportunity to emulate Senate lawyer Joseph Welch’s admonition of lying Wisconsin Senator Joseph McCarthy at the 1953 Army-McCarthy hearing by saying: Mr. Former President, you’ve done enough. Have you no sense of decency, sir, at long last? Have you left no sense of decency?


This should be a must-read book for every American voter as Cheney’s warning concerning the likely consequences of Trump’s return to office is indeed chilling.

Categories Accountability, Character, Cheating, Corruption, Courage, Democracy, Disruption, Elections, Ethics, Evil, Extremism, Fascism, History, Lies, Republicans, Shame, Trump

California: Unions Complain That Arts Funding Is Misused

By dianeravitch
April 4, 2024 //
9

Howard Blume of the Los Angeles Times writes about union complaints that arts funding approved by voters is being misused.

Blume writes:

Powerful unions have joined forces with former Los Angeles schools Supt. Austin Beutner to call for state intervention to stop what they allege is the misuse of voter-approved funding to expand arts education in California.


In a letter to Gov. Gavin Newsom and other state officials, Beutner and the unions claim that some school districts are taking funding, approved by voters in November 2022 to expand arts education, and are using it for other purposes. This year that funding totals $938 million.


The unions that signed the letter are California Teachers Assn., the largest state teachers union, and CFT, the other major statewide teachers union. Also signing the letter are the largest unions in the L.A. Unified School District: Local 99 of Service Employees International Union, which represents the greatest number of non-teaching school employees, and United Teachers Los Angeles, the second-largest teachers union local in the nation. Other unions include Teamsters Local 572, which also represents L.A. school district workers, and the teachers union for Oakland Unified.


“Some school districts in California are willfully violating the law by using the new funds provided by Prop. 28 to replace existing spending for arts education at schools,” the letter states.

Under the new law, the money must be used by schools to increase arts programs and each school can decide how best to add on to their programs. The arts windfall is drawn from the state’s general fund — at an amount equal to 1% of all money spent on schools serving students in transitional kindergarten through 12th grade. Thus the money is ongoing and will generally increase each year.

The letter lists no specific examples and does not name districts that are suspected by unions of being in violation of the law. Beutner said there is concern that whistleblowers could become targets for retaliation.


The unions and Beutner are calling on the state to require that districts certify within 30 days “that Prop. 28 funds have not been used to supplant any existing spending for arts education at any school.” In addition, the signatories want the state to require school districts to list “additional arts and music teachers” employed by each school district in the current school year and “how that compares” to the prior year.

Categories Arts Education, California, Cheating, Education Reform, Unions
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