Philadelphia needs to get serious about preventing election fraud

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Linda Kerns
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      Linda Kerns

      Linda A. Kerns, Esquire is the principal of The Law Offices of Linda A. Kerns, LLC located in Center City Philadelphia. She received her Juris Doctorate from the Loyola University Chicago School of Law. and served as Law Clerk to the Honorable William C. Todd, III in Atlantic County, New Jersey. She was admitted to practice in Illinois, Massachusetts, Pennsylvania, New Jersey and the United States Tax Court. Linda earned a Masters of Law in Taxation and a Graduate Certificate in Estate Planning from Temple University Beasley School of Law. The main focus of her practice is family law matters but she also handles select taxation, business and civil cases. Linda has proudly represented Republican candidates and organizations in election law matters for the past eight years, and is a fixture every election day in Philadelphia Election Court.

Before cavalierly dismissing the New Black Panther voter intimidation debacle as yet another right-wing conspiracy or as a story about race, perhaps apologists should review the actual facts of what happened on Election Day in November 2008.

That Election Day, the poll watchers stationed inside the polling place noted that several Panthers, who were caught on tape, had been outside for at least an hour before finally being removed by the police. Poll watchers later testified that voters approaching the polls immediately reversed course and left upon seeing the Panthers out front.

The New Black Panther incident, as well as other voting place shenanigans, cannot be lightly dismissed as a partisan issue. In fact, Bartle Bull, a civil rights lawyer and lifelong Democratic activist who worked for the campaigns of Democrats Jimmy Carter and the late Bobby Kennedy, filed an affidavit in connection with the New Black Panther case based on his observations that day and stated that the behavior he witnessed was “the most blatant form of voter intimidation I have encountered in my life” and “was a racially motivated effort to intimidate those poll watchers aiding voters, as well as voters with whom the men did not agree.” Bull can hardly be described as a Republican plant.

Most remarkably, what those who want to scapegoat the “right-wing” seem to forget is that charges were filed against the New Black Panthers with the Justice Department. The Panthers, perhaps feeling that they were above the law, ignored the complaint and the United States obtained a default judgment. A default judgment is the legal equivalent of a forfeit. It basically means you win because the other side did not show up. But as a court was ready to enter a judgment in favor of the United States and against the Panthers, the Obama Justice Department ordered the prosecutors to dismiss the case. This is akin to the Yankees failing to show up for a game against the Phillies, and then the Yankees being declared the winners. The Justice Department’s pass is nothing short of outrageous.  Panther apologists, however, magnanimously provide excuse after excuse for the Obama administration. Jerry Jackson, Jr., the taller Panther in the video, is still an official Philadelphia election worker — a duly elected Democratic committeeman.

The Panthers’ actions, as well as the Justice Department’s dismissal of their case, sent a clear message: Election Day misbehavior is tolerated and explicitly encouraged in Philadelphia and will not be prosecuted, even if the perpetrators are caught on tape, billy club in hand, and do not show up in court when they are charged. Is this the message that the birthplace of our nation wants to be sending? I think not.