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baseballcrank's profile
Dan McLaughlin
Dan McLaughlin
Dan McLaughlin
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@baseballcrank

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Dan McLaughlinVerified account

@baseballcrank

Senior Writer @NRO. Reaganite, Catholic, Mets fan, ex-lawyer. Opinions 100% my own, but you can share them. Not the Cardinals broadcaster.

New York
nationalreview.com/author/dan-mcl…
Joined May 2009

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    1. Jonathan H. Adler‏Verified account @jadler1969 Mar 27

      On giving stuff to people in line, etc. Joe Biden Botches the Georgia Voting Lawhttps://www.nationalreview.com/2021/03/joe-biden-botches-the-georgia-voting-law/ …

      55 replies 75 retweets 234 likes
      Show this thread
    2. Carissa Byrne Hessick‏ @CBHessick Mar 27
      Replying to @jadler1969

      Unfortunately @baseballcrank misreads the GA statute. The prohibition on giving food and water isn’t limited to those who are trying to influence voters. Nor is it limited to candidates and their staff. And so all of the other state laws he identifies are inapposite.

      32 replies 65 retweets 399 likes
    3. Carissa Byrne Hessick‏ @CBHessick Mar 27
      Replying to @CBHessick @jadler1969 @baseballcrank

      Perhaps the legislative intent behind the new legislation was benign. But that doesn’t change what the actual text says. It makes it a crime to give the person behind you in line to vote an extra bottle of water as you wait. The unqualified actus reus is written that broadly.

      13 replies 38 retweets 264 likes
    4. Carissa Byrne Hessick‏ @CBHessick Mar 27
      Replying to @CBHessick @jadler1969 @baseballcrank

      What’s worse, is if he’d checked the law as it existed in GA before this bill passed, he’d have seen that trying to influence people’s votes while in line was already forbidden and criminalized under state law.

      6 replies 12 retweets 231 likes
    5. Jonathan H. Adler‏Verified account @jadler1969 Mar 27
      Replying to @CBHessick @baseballcrank

      The article notes that in showing prior law.

      2 replies 0 retweets 9 likes
    6. Dan McLaughlin‏Verified account @baseballcrank Mar 27
      Replying to @jadler1969 @CBHessick

      One, this clarifies the existing prohibition. Two, as I explained, it aims narrowly at potential influence - you can still sell openly or donate indirectly, you just can't give direct handouts to voters at the polling location.

      7 replies 0 retweets 7 likes
    7. An Onoma‏ @AnOnoma3 Mar 27
      Replying to @baseballcrank @jadler1969 @CBHessick

      It doesn’t aim narrowly. It outlaws giving voters water to encourage them only to stay in line to vote, not to influence their vote, which was already illegal. Your article misleads readers into thinking otherwise. https://sos.ga.gov/index.php/elections/secretary_raffensperger_cracks_down_on_line_warming_loophole …pic.twitter.com/t92AFD1Qan

      1 reply 2 retweets 31 likes
    8. Carissa Byrne Hessick‏ @CBHessick Mar 27
      Replying to @AnOnoma3 @baseballcrank @jadler1969

      There need not even be the motive of giving the water in order to encourage them to stay in line. Giving the water is now a crime, no matter what the motive.

      1 reply 7 retweets 52 likes
    9. Dan McLaughlin‏Verified account @baseballcrank Mar 27
      Replying to @CBHessick @AnOnoma3 @jadler1969

      How would you propose a workable motive requirement? This is a prophylactic law that is designed to be enforced evenhandedly by cops on the scene.

      12 replies 0 retweets 1 like
    10. Carissa Byrne Hessick‏ @CBHessick Mar 27
      Replying to @baseballcrank @AnOnoma3 @jadler1969

      First of all, the criminal law often criminalizes conduct based only on motive--laws that are enforced by cops on the scene. Happy to share my law review article that chronicles some of those laws with you if you are interested.

      2 replies 6 retweets 52 likes
      Dan McLaughlin‏Verified account @baseballcrank Mar 27
      Replying to @CBHessick @AnOnoma3 @jadler1969

      Of course it does, and should. But not in every case. State of mind requirements make any law much more complex to enforce. The point here is to keep voters from being approached by people with handouts, period.

      8:45 AM - 27 Mar 2021
      2 replies 0 retweets 0 likes
        1. trizzlor‏ @trizzlor Mar 27
          Replying to @baseballcrank @CBHessick and

          This is how Biden described the law!

          0 replies 0 retweets 1 like
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        2. Carissa Byrne Hessick‏ @CBHessick Mar 27
          Replying to @baseballcrank @AnOnoma3 @jadler1969

          Existing law already forbade any attempt to solicit a vote in any manner, Dan. This new law only prevents people--including other people in line--from offering food, water, a folding chair, etc. that *isn't* about trying to get them to vote a certain way.

          2 replies 0 retweets 8 likes
        3. Carissa Byrne Hessick‏ @CBHessick Mar 27
          Replying to @CBHessick @baseballcrank and

          It doesn't make the law more "complex" to enforce to have a state of mind element. Instead it separates out the stuff that people think should be illegal--giving stuff to influence voting--from stuff that shouldn't--giving stuff for no reason at all.

          0 replies 0 retweets 6 likes
        4. End of conversation

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