Donald Trump can’t believe it. His prosecutor was just given immense power.
Because Trump’s prosecutor was just handed the keys to the 2024 election.
This weekend, a new requirement in New York will grant significant power to Democrat New York Attorney General Letitia James over the state’s election process, according to election attorney Joseph T. Burns. Burns, a partner at the law firm Holtzman Vogel, highlighted the potential impact of this change during a recent interview with Fox News Digital.
“Nobody is really talking about it or what a big effect it’s going to have,” Burns remarked. He expressed concern over the implications of the new law, noting, “There’s a lot of bad stuff that happens in New York when it comes to the elections and everything else, but this strikes me as being particularly bad. And it’s certainly quite a power grab by the attorney general as well.”
The requirement is part of the John R. Lewis Voting Rights Act of New York, signed into law by Governor Kathy Hochul in 2022. Starting September 22, certain jurisdictions in New York will need to obtain pre-clearance from either the attorney general or a designated court for election-related decisions. These decisions can range from changing early voting hours to updating voter lists by removing deceased residents, as Burns explained.
In a recent op-ed published in the New York Post, Burns warned that the new law grants James “unprecedented power over election processes in some of the most hotly contested congressional districts in the nation, including those on Long Island and in the Hudson Valley.” Despite the potential significance of this change, Burns noted that it has largely gone unnoticed. “Nobody’s talking about it. It’s pretty remarkable,” he told Fox Digital.
#2024electionfraud
Letita james admits the case was timed to up end trumps election pic.twitter.com/QIQm02rCMB— Guy123 (@Pmrussell893) October 6, 2023
Burns argues that the new rule disrupts the long-standing system of bipartisan election administration in New York. “The new rule upends the system of constitutionally mandated, bipartisan election administration that has served New York’s voters ably for generations,” Burns wrote in his op-ed on September 15. “The law requires certain counties, cities, towns, villages, and school districts to get the blessing of the AG or a designated court before making election-related or voting-related changes.”
The preclearance rule applies to extensive jurisdictions, including New York City, nine counties on Long Island, and America’s largest township, Hempstead. These areas, known as “covered entities,” are identified based on factors like arrest rates for residents of “protected classes” and past civil rights or voting rights violations within the last 25 years, according to documents from James’ office.
Burns, who has a background in Republican politics and election law, explained that there are “four triggers” that define a jurisdiction as a “covered entity.” For instance, any political subdivision that has faced a court order or government enforcement action for violating the Federal Voting Rights Act, the 15th Amendment, or voting-related provisions of the 14th Amendment within the past 25 years would be subject to the new rule.
He cited Erie County as an example, where a court order related to the 14th Amendment from about a decade ago has led to its classification as a “covered entity” under the new rules. “You think, ‘Wow, this sounds really sinister,’” Burns said of the 2014 court order. However, he clarified, “What happened was the county executive and the county legislature couldn’t agree on a redistricting plan. Something like that would put a local government under preclearance.”
Burns expressed concern that the new policy could undermine the bipartisan nature of election boards in New York. “It isn’t just bad policy because it undermines the bipartisan nature of the boards of elections. Which, again, they’re not perfect, there’s so many inefficiencies. But by and large, in this day and age where people are so concerned about election integrity, what’s better than having both sides have a stake in the outcome, both sides wanting to and needing to make sure that elections are run smoothly and fairly? And now you have a partisan elected official stepping in to essentially have a veto power over our boards of elections,” he said.
New York’s Constitution mandates that elections be managed by bipartisan boards with equal representation from the Republican and Democrat parties. “One side watches the other, and both parties have a stake in ensuring that elections run smoothly – even in jurisdictions heavily dominated by one party or the other, like New York City. It’s not a perfect system, and it certainly has its inefficiencies. But it successfully preserves voter confidence,” Burns wrote in his op-ed.
He further argued that the state VRA’s preclearance rules compromise this constitutionally mandated system of bipartisan election administration. Burns also suggested that the new rule, set to take effect just 40 days before the presidential election, could cause disruptions at the polls this year.
“It’s certainly possible. I mean, what’s going to happen if, God forbid, an early voting site or an Election Day poll site … and a pipe breaks and it floods and it’s unusable, or there’s a fire in the facility and it burns down. They got to move it,” Burns said.
In such scenarios, local commissioners would need to select a new polling site and then seek approval from the AG’s office. While Burns acknowledged that the AG’s office would likely approve such applications swiftly, he emphasized that the new process adds unnecessary layers of bureaucracy.
“New Yorkers of all political parties and persuasions want elections to be run fairly, honestly and efficiently – and the state’s system of bipartisan election administration already serves voters well,” Burns wrote. He concluded by asserting that “Our elections – and the public’s faith in them – will not be improved by the AG’s meddling.”
Donald Trump just finished a round of rallies in the Northeast, including a major rally in the state of New York which Trump said had over 60,000 attendees. You can watch it below.
THANK YOU, NEW YORK! #MAGA2024 pic.twitter.com/5FLrDRaoAO
— Donald J. Trump (@realDonaldTrump) September 19, 2024
Stay tuned to the DC Daily Journal.
