The Megyn Kelly Show - Deep Dive： One Group Fighting To Safeguard Against Illegal Voting in November 2024 ｜ Ep. 867

00:00:00.000 Hey, everyone, I'm Megan Kelly. Welcome to The Megan Kelly Show. Early voting in America starts

00:00:04.820 in a couple of weeks. And in the shadow of 2020, many Americans are wondering about efforts to

00:00:10.260 ensure the safety and legality of our vote. We wanted to take a deep dive on this issue with

00:00:16.360 someone whose organization is making it a point to stop illegal voting in America.

00:00:21.220 Gene Hamilton is that man. He is executive director and general counsel at America First

00:00:26.640 Legal. And he joins me now to discuss what America First Legal or AFL is doing.

00:00:33.740 Some Americans really enjoy using their credit cards because it can be a hassle-free way to pay

00:00:39.200 and not to mention it's secure. But our sponsor, the American Payments Coalition, says that some

00:00:44.300 DC politicians want to change all that with the Durbin Marshall credit card bill. They say the

00:00:49.720 bill lets corporate megastores pick how your credit card is processed, allowing them to use untested

00:00:54.900 payment networks that jeopardize your data security and rewards. They say corporate megastores will

00:01:00.700 make more money and you'll wind up paying the price. Find out more info at guardyourcard.com and consider

00:01:06.740 telling Congress to guard your card while you're there, too. Gene, welcome to the show.

00:01:12.800 Megan, thanks for having me.

00:01:14.660 Okay, so just outline the problem for me first, as, you know, you were looking at it before you

00:01:19.080 decided to tackle it. Of course. Look, everyone in America has heard about problems related to

00:01:27.180 non-citizens or illegal aliens being on voter rolls. This is a very common occurrence. Now,

00:01:34.180 the left would want you to believe, of course, that this never happens. No one would ever be an

00:01:40.760 illegal alien and register to vote. But it's actually more common than what you would actually

00:01:45.800 think. It's actually a very frequent occurrence, especially at the point of obtaining a driver's

00:01:53.280 license or other such things, where someone can get added to a state's list of voters where they

00:02:01.080 shouldn't be. Or if they actually use a federal form where they just simply check a box that says

00:02:07.700 that I swear that I am a citizen. Now, please register me to vote. Those are real problems. There should

00:02:15.000 never be an illegal alien on any state's voter rolls. Now, look, there are a number of states who

00:02:22.480 have been doing some things for a number of years that are kind of very basic and that are helpful

00:02:28.280 and that are good, but there don't go far enough. So what we have done at America First Legal is

00:02:35.420 identify a plan that every state across America can use. Steps that they can take to remove illegal aliens 1.00

00:02:44.840 from their list of voters using data and information that they're entitled to receive

00:02:52.220 from the Department of Homeland Security. All right, stand by. We'll get to the cure in a minute. I want

00:02:56.960 to spend another few minutes on the problem. So is it the case, because when I lived in New York City,

00:03:02.700 they passed a law trying to make it legal for illegal aliens to vote. That was not upheld. But

00:03:10.840 are there states out there like the crazy New York, you know, policy that are actually trying,

00:03:19.040 you know, you mentioned driver's licenses for illegals. We know Tim Walsh wanted this in

00:03:23.900 Minnesota. So there are states out there that are saying it's fine for illegals to get driver's 0.62

00:03:29.340 licenses. And I guess there could be some as crazy as New York where then they say, and they should

00:03:34.740 have the right to vote. Do you know what, whether that's out there? Yeah, and it certainly is. And

00:03:40.220 it can also happen in states that aren't crazy, because there is a single point of failure. And

00:03:45.100 the single point of failure is at the point of the person getting the driver's license from a clerk at

00:03:51.040 the DMV. That is your single point of failure. So if you are a clerk at the DMV and someone comes to

00:03:57.300 you, maybe they're an illegal alien and maybe it's a crazy state that says, hey, we give driver's

00:04:02.140 licenses to everyone who's here, regardless of their immigration status. Or maybe you're a good

00:04:06.620 state. But your laws in your state say that if you're here and you have work authorization

00:04:12.820 from the Department of Homeland Security, that we'll go ahead and give you a driver's license.

00:04:18.040 Now, what can happen, though, at that single point of failure, at the point of getting your driver's

00:04:22.220 license, is that at least before the Real ID Act, and there's still problems after the Real ID Act,

00:04:28.100 is that it's just a matter of somebody checking a box that says, I'm a citizen.

00:04:31.420 And I want to be registered to vote. This is something that happens all over the place.

00:04:37.420 And it is something that leads to people being on the voter rolls, which, of course, is an important

00:04:43.900 point to point out to everyone right now. The issue here is not necessarily that an illegal alien

00:04:50.980 is 100% of the time going to go register to vote at the DMV or through the mail, and that they are then

00:04:59.200 going to show up at the ballot box and themselves cast a vote. The issue here, of course, is that

00:05:06.760 they are getting their name registered to vote. And when you have states all across the country using

00:05:10.860 mail-in ballots, right, this is all about ballot harvesting and getting as many names on as many

00:05:16.020 ballots as you possibly can turned in, get the votes counted, of course, before anyone can do

00:05:20.540 anything. And then at the end of the day, say, look, there's more ballots that were cast for so-and-so

00:05:25.460 than the other. Explain that. What do you mean? So Democratic operatives engaging in fraud would

00:05:31.120 figure out who's an illegal and who's not and try to send in a ballot for this guy that he doesn't

00:05:36.580 even know he's sending in? Look, that's certainly something that can happen. And it's certainly

00:05:41.000 something that can happen, especially in transient communities. So if you're at an apartment, your

00:05:45.760 listeners across the country will understand that if you're in an apartment, it's oftentimes you'll get

00:05:51.080 mail for the prior residence. It's especially going to be true in transient communities populated

00:05:58.880 by immigrants. And so if you are somebody who gets registered to vote and you're in one of these 0.80

00:06:05.380 states that does 100 percent mail-in balloting, one of these states that makes it extremely easy to

00:06:10.660 request your ballot to be sent in via the mail, and no one ever has to check or confirm that you are,

00:06:15.680 in fact, a citizen, that at some point along the process that you produce documentation that shows

00:06:22.220 that you are, in fact, a citizen of the United States, the recipes for fraud are almost unlimited

00:06:27.380 in terms of what can possibly be done. How do we have any idea how many illegal aliens are

00:06:35.140 currently registered or have been registered over the past few years in the United States and in

00:06:41.940 particular in the swing states? It's a wonderful question, and I don't know that there's any kind

00:06:47.640 of actual reliable evidence indicating one number or another. The fact of the matter, though, is that

00:06:53.780 there are millions upon millions of illegal aliens who have entered the United States over the last

00:07:00.100 three and a half years, that they are here and they are loose in the United States. And when you look

00:07:05.940 at the margin of victory in a place like Arizona or in a place like Georgia, where just a couple

00:07:11.800 thousand, ten thousand, twenty thousand votes can make the difference in the outcome of an election,

00:07:17.560 the recipe is there. And it's really a matter of how do we make sure that there are none on the voter

00:07:25.800 rolls? If it's a hundred, that's a problem. If it's a thousand, it's a problem. If it's a hundred

00:07:30.740 thousand, it's a problem. Now, some of your listeners have probably seen in recent weeks, there have been a

00:07:36.700 number of elected officials across the country putting out press releases saying things like,

00:07:42.160 hey, guess what? We removed four thousand non-citizens from our voter rolls over the last year or so.

00:07:48.420 Twenty five hundred in Pennsylvania. Exactly. Virginia's been cracking down. North Carolina

00:07:53.860 identified more than fourteen hundred. Yeah. Arizona said we've identified forty two thousand people as

00:08:01.480 federal only registrants, which I don't totally understand. But yes. So more and more are coming out to say,

00:08:06.320 they're making this effort and they've identified some. So keep going. Yeah, absolutely. So and that's

00:08:12.260 great. And what they're typically doing in those situations is using a system called SAVE that DHS

00:08:18.760 administers. And so for your viewers at home and listeners at home, if they think about it this way,

00:08:25.100 DHS has a database that states are eligible to ping against. But to use that database to have it be

00:08:33.740 reliable, you have to have some kind of an identifier that links the person to an identifier

00:08:39.680 in the DHS database. And so that identifier tends to be what's known as an alien registration number.

00:08:46.480 And so think of this as like you're searching for a friend on social media, right? And if you're

00:08:50.760 searching for a friend and you have their email address, maybe you can actually find the person

00:08:55.300 because you have their email address. But if you don't have their email address, you're never going

00:08:59.700 to find the person. And this is depending on the privacy settings. And so this is the single point

00:09:05.700 of failure for the SAVE system is if you have someone who's registering to vote, whether that's

00:09:12.880 with a federal form, and we can touch more on that in a minute, or whether it's somebody who registered

00:09:17.420 to vote at the DMV, chances are they didn't provide you with an alien registration. Chances are that 0.98

00:09:25.320 they just gave you their name and their date of birth, which makes this DHS SAVE system essentially

00:09:31.560 worthless to get the folks off of the voter rolls who didn't actually give you their alien registration 0.94

00:09:38.200 number. So when you see a press release from someone saying, hey, we removed, you know, two,

00:09:43.700 4,000 people from our voter rolls using the DHS SAVE system. Well, that's fabulous. And that's

00:09:49.840 great. Now, just imagine how many more you can do if you could instead search by things like a name

00:09:57.220 and a date of birth. Hmm. Okay. So you're saying there's a lot more on that federal registry

00:10:02.900 who would be illegal. We just, we don't have the technology right now to capture them. And so they

00:10:09.340 will remain on the voter registration rolls as illegal aliens. The system is flawed. 1.00

00:10:15.220 Well, yes and no. So the system that DHS built for the states to use called SAVE is flawed and it has

00:10:24.020 that issue. But here's the great thing. And here's the fun thing for all of the states across the

00:10:29.160 country. And it's actually part of a plan that we laid out for all of the states across the country

00:10:35.060 to use, which is there's a law in the books, in the Immigration and Nationality Act at 8 U.S.C. 1373.

00:10:44.340 And it says that a state or local government can get information from the Department of Homeland

00:10:52.060 Security to verify or ascertain the citizenship status of any individual in their jurisdiction for

00:10:59.580 any purpose authorized under law. And that DHS has to provide that information to the state or the

00:11:06.720 locality. And so what DHS is doing is that they've been telling the states and the local governments,

00:11:13.740 hey, you have to use this SAVE database and you have to use this alien registration number as the

00:11:18.200 query. Oh, and by the way, DHS charges the states and localities to use it. But there is a separate

00:11:24.240 provision of law that no one was using up until recently that says that actually the states are

00:11:30.580 entitled to receive this information as a matter of law. And it's about any individual. And it's to

00:11:36.940 ascertain or to verify their citizenship or immigration status for any purpose authorized under law. And so

00:11:44.740 any purpose authorized under law certainly has to include ensuring that there are eligible voters on

00:11:52.440 your voter rolls and there's not any illegal aliens or, for example, permanent residents or anyone else

00:11:57.480 who's not entitled to vote on the voter rolls. And so the states have the ability to ask DHS to give

00:12:04.960 them the information that they need about anyone that they have any question about on their voter

00:12:11.240 rolls. They just need the will to do it. So they need the will to do it. But in my experience, the only

00:12:18.040 states that would have the will to do it would be blue states and they're not going to do it. I mean,

00:12:22.360 and they don't be like they're not going to. And the red states might want to do it, but that doesn't

00:12:29.780 really help Republicans make sure there are fair elections. Right. So then what are the swing states

00:12:34.400 do? The odds of the swing states actually taking advantage of this, I think, are slim and none because

00:12:39.420 I don't know, most of them tend to have Democratic governors.

00:12:42.660 Yeah, look, it's a real conundrum. And you've identified it is everyone should be doing this,

00:12:49.660 though, because DHS has the capability to verify based on a name, based on a date of birth. They

00:12:56.600 do have a technological capability of doing this. And so this is a matter of common sense. This is a

00:13:02.800 matter of good government. This should not be a red or a blue issue or anything in between. This is a

00:13:08.840 common sense measure that every state across the country should be using. And if the citizens of

00:13:16.120 each state petition their leaders and they say, hey, look, why aren't we doing this one way or the

00:13:22.540 other? Why aren't we trying to make sure that there aren't people who shouldn't be on our voter

00:13:26.760 rolls voting regardless of how they vote? And this is one of these situations where the solution is

00:13:32.880 there. The federal law provides a remedy and the states can use it to get people off this against

00:13:39.660 very good government kind of basic obligation thing to do. But because nobody, don't you think

00:13:46.520 that they'll look at they'll slow roll it, this administration be like, sure, we're definitely

00:13:50.440 going to comply with your many requests and we'll get that information to you probably around February.

00:13:54.900 Yeah, right. Well, so that's again, you've identified a very real problem, which is why what states need

00:14:02.220 to do is give DHS hard and fast deadlines. And if DHS doesn't comply in a reasonable amount of time

00:14:10.040 with the information the states are obligated to receive under federal law, the states should go into

00:14:15.080 federal court and sue and demand immediate remedies to get the information that they need, given that

00:14:21.540 there's an election coming up soon, given as you identified early voting starts very soon in many

00:14:27.300 states. And the time is now to act in Pennsylvania. Absolutely. September 16th is like right around the

00:14:33.320 corner. So can you tell me, do you know what Virginia is doing? Some kind of interested in what 1.00

00:14:37.360 Glenn Youngkin is doing down there. He clearly does care about voter integrity. It seems like he's making

00:14:43.040 sure that there's going to be paper ballots there, mandating a documented chain of custody for the paper

00:14:49.800 ballots. They don't use voting machines down there, just paper ballot counting machines. But they also

00:14:57.280 have to have the paper ballots retained for 22 months. The absentee ballots seem to be more secure

00:15:05.380 than they are in other states requiring a Social Security match. I don't know. It seems like Glenn

00:15:10.760 Youngkin is one governor who's in not exactly a swing state, but it's still a little purple trying to set

00:15:17.400 things right. Yeah, it certainly seems that way. And his efforts should be commended. Every governor

00:15:23.540 across the country should be doing more, and they should be doing as much as they possibly can do

00:15:28.120 to do things that are just common sense. I mean, look, for the viewers and listeners at home,

00:15:33.860 if your elected officials are not doing things that would be common sense measures that you would

00:15:40.300 think that maybe even like the bank would require for you to be able to go take money out of your

00:15:45.480 account, verifying your identity, ensuring that there's proper paper trails, doing all those

00:15:51.460 types of good governance measures, you know, why shouldn't we expect the same of our elected leaders

00:15:57.240 when it comes to our elections, when it comes time for the citizenry to, you know, cast the kind of the

00:16:04.080 ultimate pinnacle of democratic action in society, which is casting that vote, that ballot,

00:16:10.780 um, and getting, getting that ballot counted properly, um, and having it administered in a

00:16:17.080 way that people can have confidence in the integrity of the system and in, uh, the future

00:16:21.960 of their democratic society. Yeah. I mean, this is definitely something that people are very worried

00:16:27.080 about on top of the issue of just stealing, you know, they're very worried about people stealing

00:16:33.720 ballots and harvesting and taking, but this is an area that you're saying, this is an area that can be

00:16:38.780 exploited by bad actors. Uh, that's one of the many reasons it could be the illegal alien, or it could

00:16:44.580 be somebody who's taking advantage of the fact that there is an illegal alien who's registered

00:16:48.500 who might not know he's getting a ballot by mail and Bob's your uncle. Boom. I mean, Biden won Georgia

00:16:54.980 by 11,000 votes. That's just one state. So every vote counts as we know, Jean, thank you. Thanks for

00:17:00.980 all the great work you guys do at America first legal love, love all of it. Thanks very much for having

00:17:06.640 me on. Really appreciate it. All the best. Uh, and thanks to all of you for joining us today for this

00:17:11.600 special deep dive into the problem of how to solve the illegal aliens voting in our elections back

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The Megyn Kelly Show - August 22, 2024

Deep Dive： One Group Fighting To Safeguard Against Illegal Voting in November 2024 ｜ Ep. 867

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