Congratulations Mayra Flores!
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Congratulations to Mayra Flores and the RNC/RPT team for their HISTORIC win in the special election for Congressional District TX-34! This shows that South Texas and our Hispanic communities are turning away from the disastrous policies of the Democrats. We look to build on these historic gains in South Texas and to continue to grow the Republican party among the Hispanic community!
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The road to convention has almost come to an end. The largest political convention in the country will be convening this week in Houston, Texas. I’m sure I will be seeing many of you there. In case you missed it, don't forget to check out our forum for the RPT Vice Chair candidates. You can find that recording HERE. Be sure to educate yourself on the three announced candidates running to replace Cat Parks. It is a critically important position!
See you in Houston!!
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Talking Points to address specific Election Integrity legislation, litigation or events currently in progress.
State Legislation Highlights
States currently in Session: Arizona, California, Delaware, Louisiana, Minnesota, New Hampshire, New Jersey, North Carolina, Ohio, Rhode Island, Vermont, and Wisconsin.
States in Regular Session throughout the year: Massachusetts, Michigan, New York, Pennsylvania
States Sine die: Alaska, Alabama, Arkansas, Colorado, Connecticut, Florida, Georgia, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Kentucky, Maine, Maryland, Mississippi, Missouri, Nebraska, New Mexico, Oklahoma, Oregon, South Carolina, South Dakota, Tennessee, Utah, Virginia, Washington, West Virginia, and Wyoming.
Arizona
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SB1013: requires the AZ Game & Fish Department to aid with voter registration when accepting license applications by providing a link to the Department of Transportation's voter registration webpage or a voter registration form; directs the Secretary of State to provide the Game & Fish Department with voter registration forms and instructions for applicants to mail completed forms to the Secretary of State; instructs the Secretary of State to forward completed voter registration forms to the appropriate county recorder; specifies that public information derived from this voter registration information must not indicate the source of the registration information; and clarifies that Game & Fish Department representatives who aid with voter registration are not deputy registrars.
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SB1170: requires the Secretary of State, by December 31, 2022, to submit a request to the U.S. Election Assistance Commission to include Arizona's state-specific proof of citizenship on the federal voter registration form.
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SB1260: classifies, as a class 5 felony, knowingly providing a mechanism for another person who is registered in another state to vote. It also requires a county recorder to cancel a person's registration and remove the person's name from the county's Active Early Voting List upon confirmation that a person has registered to vote in another county or upon receipt of a ballot envelope indicating the person has moved.
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SB1362: allows every county recorder to provide for a method for an elector to have the elector's completed early ballot tabulated on site at a polling place or voting center according to outlined requirements.
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SB1460: modifies statutory requirements relating to the issuance of ballots at a polling place to persons that previously received an early ballot, procedures following redistricting, the filing of nomination papers and nomination petitions, the signing of nomination petitions, voter registration information, and vacancies due to the withdrawal of a candidate.
On May 27, Governor Ducey voted HB2617 , which would have required county recorders to cancel the voter registration of a person for whom the county recorder receives and confirms information that the person is not a U.S. citizen, has been issued a driver license or nonoperating license in another state or is otherwise not a qualified elector; and outlined notice requirements prior to cancelling a person's voter registration. It also would have required the Secretary of State and a county recorder to compare the voter registration database with prescribed databases.
Louisiana
The Louisiana legislature passed and Governor Edwards signed HB359, which prohibits implementation of federal election directives and guidance. HB359 also prohibits the spending of federal money for elections, under certain conditions.
Massachusetts
Last week, four Democrats signed off on SB2924, a compromise that would shorten the time a voter must register prior to an election from 20 days, to 10 days, and permanently codifies the mail-in and expanded early voting options made available during the pandemic. The two Republicans on the Conference Committee did not sign off on the compromise.
Michigan
Last week, Sen. McCann introduced Senate Joint Resolution P, which would allow 17-year-olds vote in a primary election if they will be 18 and eligible to vote by the date of November’s general election.
New York
The New York State Assembly passed SB1046E , the “John R. Lewis Voting Rights Act of New York” or “NYVRA”, which establishes rights of action for denying or abridging the right of any member of a protected class to vote, provides assistance to language-minority groups, requires certain political subdivisions to receive preclearance for potential violations of the NYVRA, and creates civil liability for voter intimidation. The legislation was transmitted to Governor Hochul for signature.
North Carolina
The North Carolina State Senate introduced several election-related legislation, including:
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SB819: extends the 2022 deadline regarding retention of the 2020 election records and requires the use of container-return envelopes to hold mail-in absentee ballots for a twenty-two month period.
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SB833: makes the statewide general Election Day an official paid State holiday.
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SB878: updates election dates in various townships and the Maury Sanitary Land District Board.
Pennsylvania
The Pennsylvania Senate passed SB573, which removes the county residency requirement for poll watchers, allowing Pennsylvania residents from any county to become certified poll watchers anywhere in the state. A House panel advanced a bill barring county officials from soliciting or accepting non-government funding for elections.
Campaign Finance
The Federal Election Commission (FEC) issued an interim final rule removing 11 C.F.R. § 109.10(e)(1)(vi) to conform with the decision in Citizens for Responsibility & Ethics in Wash. v. FEC, 316 F.Supp.3d 349, 423 (D.D.C. 2018), aff’d by Citizens for Responsibility & Ethics in Wash. v. FEC, 971 F.3d 340, 356 (D.C. Cir. 2020). The interim final rule provides further guidance on donor disclosure for groups paying for political advertisements.
State Litigation Highlights
Arizona
In August, a lawsuit, Mi Familia Vota v. Hobbs, was filed in AZ challenging SB1485, which removes voters from the permanent mail ballot list if a voter does not vote by mail in two straight election cycles; and SB1003, which requires voters to “cure” signature-less ballots by 7PM on Election Day. The RNC and the NRSC intervened to defend the laws. Defendants filed a motion to dismiss on November 18, and discovery is underway. On March 14, Mi Familia Vota filed a notice with the court stating that it did not intend to seek a preliminary injunction prior to the 2022 midterms. A hearing on the defendant’s motion to dismiss was held on June 7.
Two lawsuits were filed challenging HB2492, which requires proof of citizenship for individuals who register using a federal form required by the National Voter Registration Act. Any voter who cannot satisfy the requirement will be ineligible to vote for president or by mail. On May 12, the RNC, the Republican Party of Arizona, and Mohave and Gila County Republican Parties moved to intervene in the two lawsuits to defend HB249. The Democratic National Committee and the Arizona Democratic Party also plan to file a lawsuit challenging the law.
Florida
In June, the RNC and NRSC were granted intervention in all four lawsuits challenging provisions of SB90, Florida’s 2021 election reform legislation. On March 31, the U.S. District Court permanently enjoined multiple provisions of SB90 including the required registration disclaimers for third party voter registration organizations (§ 97.0575(3)(a)), registration delivery provisions for third party voter registration organizations (id.), drop box regulations (§§ 101.69(2)-(3)), and line warming provisions (§§ 102.031(4)(a)-(b)). Defendants, including the RNC and NRSC filed a notice of appeal on April 7, and a stay request with the 11th Circuit on April 11. On May 6, the 11th Circuit granted the defendants’ stay request, leaving in effect provisions previously struck down by the lower court and rejecting the district court’s order to put Florida under “preclearance” for ten years.
Georgia
In July, the RNC, NRSC, NRCC, and GA GOP were granted intervention in eight lawsuits, including the U.S. Department of Justice’s lawsuit against the State, challenging provisions of SB202 . Previously, the court denied motions to dismiss for lack of standing and on the merits, filed by the RNC, other Republican organizations, and Republican lawmakers in Georgia in eight of the lawsuits. In December, the court denied the motions to dismiss filed by the State, RNC, NRSC, NRCC, and the GA GOP. The court considered the plaintiffs’ request for a preliminary injunction at a hearing on June 9 and 10. In the 9th case challenging SB202, the court dismissed the case without prejudice for failure to serve the defendants.
On May 2, a group of liberal organizations sued Georgia’s Election Board regarding absentee ballot applications. In Georgia, an absentee ballot must be signed with pen and ink. The groups seek declaratory and injunctive relief, requesting the court find that the so-called Pen and Ink rule violates the Civil Rights Act and to enjoin its enforcement.
A federal lawsuit, filed back in 2018 by liberal voting rights groups, is in the middle of its trial in Georgia. The state began its defense today. The plaintiffs argue the State’s “exact match” registration rules and additional absentee ballot requirements, put in place by SB202, violate the Constitution and the Voting Rights Act.
Iowa
The RNC, Iowa GOP, NRCC, and NRSC were granted intervention to defend against a lawsuit challenging provisions of SF413 and SF568. The trial set for March 21 was pushed back in light of discovery disputes between the Iowa legislature and plaintiffs. On March 16, the Iowa Supreme Court granted certiorari to resolve these discovery disputes.
Michigan
In 2019, activist groups challenged Michigan elections laws that restrict paid voter transportation services and out-of-state organizations assisting voters with absentee ballot applications. The RNC and MIGOP were granted intervention in the case. The district court initially granted an injunction that prohibited Michigan from enforcing its voter transportation restriction, but the 6th Circuit reversed . On March 21, the RNC and other Republican groups filed a motion for summary judgment and asked the district court to dismiss the suit. On March 29, Uber filed an amicus brief on behalf of the activist groups.
Montana
In April 2021, the Montana Democratic Party and activist groups sued the State over its election integrity measures, which include elimination of Election Day voter registration, types of voter ID permitted, and paid ballot harvesting. On April 6, 2022, a Montana state court temporarily suspended enforcement of these laws. The case has been appealed to the MT Supreme Court . On May 17, the MT Supreme Court granted the defendant’s stay of the preliminary injunction. Update: On June 9, 2022, Restoring Integrity and Trust in Elections (RITE) filed an amicus brief on behalf of state.
Nevada
On April 14, a lawsuit was filed in Clark County alleging that Nevada failed to offer “meaningful observation” during the 2020 election cycle and that the state does not have a plan in place to provide this in the upcoming elections. A similar case was brought in Washoe County, but was dismissed by the district court judge.
New York
In January, the RNC and NY GOP, leading a broad bipartisan coalition of officeholders and concerned citizens, including Congresswoman Malliotakis and naturalized citizen voters, sued Mayor Eric Adams, the New York City Council, and the New York City Board of Elections in state court over the “Non-Citizen Voting Law,” which illegally allows non-citizens to vote in city elections. The complaint is available here. The NYC Board of Elections has since requested that the State review the law and issue an opinion on its legality. The case was assigned to Judge Ralph Porzio. Oral arguments in the case were held on June 7.
Pennsylvania
In January, Republican David Ritter, a candidate for Judge of the Lehigh County Court of Common Pleas, appealed the County Board of Elections 3-0 decision to count 261 challenged mail-in ballots that were undated or improperly dated. On November 30, 2021, the Court of Common Pleas of Lehigh County denied Ritter’s appeal and ordered the county Board to include the 261 mail-in ballots in its canvass. The case was then appealed to the Commonwealth Court which, in a 2-1 decision , reversed and remanded the case concluding that the 257 ballots that do not contain a date must be set aside and not counted in the Municipal Election. Democrat candidate Zachary Cohen filed an appeal with the PA Supreme Court. The PA Supreme Court denied the appeal.
In January, five voters who failed to date their ballot sued the Lehigh County Board of Elections in federal court to have their undated votes counted. Both Ritter and the losing candidate in the election intervened. The County Board agreed to not certify the election while the litigation was pending. The lawsuit alleges violations of the Civil Rights Act and the 14th Amendment. On March 16, the district court granted Ritter’s motion for summary judgment and ordered that the undated ballots should not be counted. Plaintiffs appealed. After the district court declined to delay certification, the 3rd Circuit issued a temporary injunction preventing the county Board from certifying. On April 1, the U.S. Department of Justice filed a statement of interest in the case. On May 20, the 3rd Circuit ruled that the date requirement was immaterial and ordered that the undated ballots be counted. On May 23, Ritter filed a stay request with the 3rd Circuit which would allow him to file a cert petition with the Supreme Court. The Third Circuit denied the stay request and then SCOTUS granted an administrative stay. Update: The stay was vacated by the U.S. Supreme Court in a 6-3 decision with Justices Alito, Thomas, and Gorsuch dissenting. The U.S. District Court accordingly ordered Lehigh County Board of Elections to count the undated ballots in accordance with the 3rd Circuit’s decision.
U.S. Senate candidate David McCormick filed suit in state court seeking an order for all counties to count undated ballots cast in last week’s primary. The PA Commonwealth Court granted the injunction and instructed County Boards to segregate the ballots and report two tallies to the Secretary of the Commonwealth. A King’s Bench application was also made on the same issue to the PA Supreme Court, which denied the suit. After dropping out of the recount, McCormick filed for voluntary discontinuance or dismissal for mootness with the Commonwealth Court. The Court granted the discontinuance but declined to vacate the order. On June 9, the Pennsylvania Supreme Court granted a discontinuance of the PAGOP’s and RNC’s appeal.
In May, Democrat voters filed suit against the Lehigh and Northampton County Boards of Elections alleging the election officials declined to count those ballots due to noncompliance with the Secrecy Envelope Rule or the Election Day Receipt Deadline. The RNC and Republican Party of Pennsylvania have moved to intervene. Update: On June 7, the RNC and Republican Party of Pennsylvania’s motion to intervene was granted.
On March 8, the PA Supreme Court heard oral argument on the challenge to Act 77, which established no excuse absentee voting in PA. This was an appeal of a January 28 Commonwealth Court ruling that struck down Act 77, holding it violated the PA Constitution. Under PA law, the Commonwealth Court ruling was automatically stayed but the court subsequently terminated the stay effective March 15. The termination of the stay was appealed to the PA Supreme Court, which reinstated the stay, effective until the conclusion of the case. A link to the oral arguments can be found here.
Tennessee
On June 3, a Nashville court ruled that the Tennessee Republican Party’s executive committee violated the state open meetings act when it removed Robby Starbuck from the ballot for the 5th Congressional Republican primary. The judge ruled that Starbuck should be restored to the ballot. Update: On June 10, 2022, Tennessee Supreme Court ruled the lower court erred in granting Starbuck an injunction that put him back on the ballot.
Texas
The U.S. Department of Justice sued the State of Texas and the Texas Secretary of State, challenging certain provisions in the recently enacted election integrity bill: SB1. The DOJ claims the law violates Section 208 of the Voting Rights Act and Section 101 of the Civil Rights Act. The RNC, NRCC, NRSC, and Dallas and Harris County Republican Parties moved to intervene in the DOJ suit and others challenging SB1. The court denied the party committees’ motion to intervene, and the party committees promptly appealed the ruling to the 5th Circuit. The U.S. Department of Justice actively opposed the party committees’ intervention. On March 25, the 5th Circuit ruled that the Republican committees were entitled to intervention as of right and ordered the district court to grant intervention to the committees. The RNC and other party committees re-filed for intervention, which was granted by the district court on May 13. On May 24, the court denied the plaintiffs' motion to dismiss.
Vermont
In September, the RNC sued the cities of Montpelier and Winooski over their new town charters that allow non-citizens to vote in their municipal elections. The lawsuit also raises important concerns about how the laws will be implemented and whether non-citizens will end up on the same voter registration lists used for state-level and federal elections. The RNC is joined in the suit by the Vermont Republican Party and several concerned Vermont voters. A hearing on the motion to dismiss in the Montpelier litigation was held on March 31. On April 1, the Montpelier court granted the defendants’ motion to dismiss , finding the plaintiffs have standing, but under its interpretation of Vermont Supreme Court precedent, was required to dismiss the case. The RNC and other plaintiffs filed a notice of appeal on April 29. The hearing on the motion to dismiss in the Winooski case is set for June 27.
Wisconsin
Other News
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National: iVote, a group focused on electing Democrats to Secretary of State offices across the country, plans to launch an eight-figure media campaign supporting Democrat candidates in Georgia, Arizona, Michigan, Nevada, and Minnesota.
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National: Efforts are underway in several Southern states to restore voting rights to people with felony convictions who have completed their sentences.
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National: The Bipartisan Policy Center released a study on paper shortages for election materials.
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AZ: A state court judge ruled Alaska elections officials cannot certify the results of the by-mail special primary for U.S. House until visually impaired voters “are provided a full and fair opportunity to participate” in the election.
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CT: The State set aside $2 million dollars to counter “misinformation narratives about voting,” which will include hiring the State’s first ever “expert in combatting misinformation.”
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IA: Last week, Iowa saw its second highest turnout for a primary election since 1994, after the enactment of SB413 in March 2021.
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NJ: Public Interest Legal Foundation (PILF) discovered more than 8,000 double-registered voters in its analysis of the New Jersey voter rolls.
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OH: Ohio’s 88 county boards of elections continued conducting post-election audits of the May 3rd Primary Election this week. After every Ohio election, county boards of elections are required to conduct a comprehensive audit of the results to ensure accuracy, during which they compare fidelity between the electronic tabulation and the paper ballots.
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PA: Former U.S. Congressman Michael “Ozzie” Myers plead guilty to numerous voter fraud charges for ballot stuffing in the Eastern District of Pennsylvania.
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PA: The Wall Street Journal weighed in on the U.S. Supreme Court’s decision on Pennsylvania’s undated ballots.
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PA: GoErie has a story on potential legislative solutions to some of the state’s chronic election problems.
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WV: In response to President Biden’s Executive Order, West Virginia’s Secretary of State asked the Administration to rescind the Executive Order because it is an overreach by the federal government.
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WI: The Wisconsin Elections Commission elected Don Millis, the body’s newly appointed Republican member, as its next chair in a 5-1 vote.
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*The full RNC Pundit Prep will be posted on my website.
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Bidenflation Continues:
The CPI Reaches Another 40-Year High
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Bidenflation is continuing to crush American workers, families, and retirees. May’s Consumer Price Index (CPI) reached yet another 40-year high in data released this morning as Americans’ wages fall. We simply cannot afford the failed policies of Joe Biden and the Democrat party.
What you need to know:
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May’s Consumer Price Index surged by 8.6% compared to last year – reaching a new 40-year high.
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Real average hourly earnings fell 3% in May, with rising prices eating up any wage growth.
- Americans’ real wages are falling at their fastest pace in 40 years.
- This news destroys Democrats' narrative that inflation peaked last month – Bidenflation is here to stay.
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Americans are being forced to pay far more for the goods and services they need, all while wages are falling. Since last year:
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Gas: +48.7%
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Meat, Poultry, & Fish: +13.1%
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Milk: +15.9%
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Eggs: +32.2%
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Coffee: +15.3%
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Used Cars: +16.1%
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Real Avg. Hourly Earnings: -3%
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The prices for many categories of goods have spiked at record, or decades-high, rates:
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Groceries +11.9% (Largest increase since 1979)
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Chicken +17.4% (Largest ever increase)
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Restaurants +9% (Largest ever increase)
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Fuel oil +107% (Largest ever increase)
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Electricity +12% (Largest increase since 2006)
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Rent +5.2% (Largest increase since 1987)
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Airfare +37.8% (Largest increase since 1980)
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Services +5.7% (Largest increase since 1990)
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Biden was warned that his $1.9 trillion “stimulus” would fuel inflation.
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Biden and his party wasted our money anyway.
- Biden was warned his anti-U.S. energy agenda would surge energy costs.
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He did it anyway – serving the interests of far-left energy radicals instead of the interests of the American people.
The bottom line:
Bidenflation is a crisis of Joe Biden’s creation – failed liberal economic policies simply don’t work. The American people know Biden’s to blame – that’s why they’ll hold him and his party accountable at the ballot box this November.
Biden’s Gas Hike Rages On
Joe Biden’s war on American energy independence has led to all-time record highs in gasoline and diesel prices, creating major pain at the pump for American families and hitting low-income Americans the hardest. Biden’s America last energy policies are an unacceptable betrayal of the American people.
What you need to know:
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Today, the national average price for regular-grade gas reached a new record high: $4.99/gal.
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The national average price for diesel also reached a new record high: $5.75/gal.
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Biden’s Gas Hike is hitting families across the nation. In 20 states and the District of Columbia, Americans are facing average gas prices over $5.00/gal for regular-grade gas. In California, drivers are paying an average of $6.42/gallon.
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Biden’s Gas Hike is the direct consequence of Biden’s disastrous anti-American energy policies. Just to name a few:
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On his first day in office, Biden “issued a memo suspending the authority of the local Bureau of Land Management offices to approve leases, drilling permits, and mining operations.”
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Biden also reinstated Obama-era energy regulations and began the process of rolling back Trump-era regulations.
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Biden started fulfilling his promise to “sacrifice” hundreds of thousands of blue-collar jobs in pursuit of a “greener economy” by cancelling the Keystone XL pipeline. This move alone killed 11,000 jobs.
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Biden signed an executive order to “eliminate fossil fuel subsidies.”
- The Biden administration has repeatedly suspended or halted oil and gas leases on federal lands, cutting off more potential U.S. oil and gas production.
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In November, the Biden administration announced or proposed multiple policies that targeted American made energy, including increasing royalty rates on domestic oil production, limiting areas available for development, and issuing new regulations for methane emissions which is expected to cost U.S. producers over $1 billion a year.
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The Biden administration proposed standards “to regulate conventional trucks out of existence,” and declined “ to appeal a federal court decision vacating the only lease sale held on federal lands or waters.”
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As Biden and Democrats are waging war on American energy production, they’re begging foreign nations to increase oil production – Biden’s weakening of domestic energy production harms our national security.
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Biden used the term “incredible transition” to describe sky-high gas and energy prices – for leftists, pain at the pump is worth it, since it advances their radical energy agenda.
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As Americans face higher prices for gas, they are being forced to cut back on summer activities. 70% of Americans said their summer travel plans have been impacted by historic gas prices – a 24% increase since last year.
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38% of Americans say that “high inflation is leading to difficulty in planning summer trips.”
- Biden’s Gas Hike is made even more painful by the Bidenflation hitting all sectors of the economy, forcing Americans to pay far more for the everyday necessities they need.
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Democrats’ insulting solution for families struggling with record prices at the pump: buy an expensive electric car. The average price for a new electric car is over $64,000.
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Rising prices could become part of an even wider Biden energy crisis come summertime, with “states at risk” of “widespread” “rolling outages.”
The bottom line:
Pain at the gas pump, higher prices for everyday necessities, shortages, and less freedom – these are the consequences of Biden’s disastrous America last energy agenda.
Democrats’ Reckless Rhetoric Threatens Supreme Court Justices
“I want to tell you Gorsuch, I want to tell you Kavanaugh, you have released the whirlwind and you will pay the price! You won’t know what hit you if you go forward with these awful decisions!”
What you need to know:
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An armed man was arrested outside of the home of Supreme Court Justice Brett Kavanaugh. The man reportedly told police he wanted to murder the Justice.
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This disturbing news is a clear consequence of Democrats’ reckless rhetoric surrounding the Supreme Court and its upcoming ruling on the Dobbs case.
- Democrats have refused to condemn threats against justices, and even encouraged pressure campaigns at their private homes.
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Just hours after an armed man was arrested for attempting to assassinate Justice Kavanaugh, dozens of protestors gathered outside his home.
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Just one day after the man’s arrest, more protestors demonstrated in front of the home of Justice Amy Coney Barrett. Justice Barrett and her husband have seven children.
- Sadly, we are also witnessing the left’s violent tendencies elsewhere.
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The leak of the Supreme Court’s draft opinion in the Dobbs case was unprecedented and poses a serious threat to the Supreme Court’s independence.
The bottom line:
This leftist rhetoric and violence is simply unacceptable – every Democrat must disavow it. The draft opinion leak is now to blame for an attempted assassination of Justice Kavanaugh. The leak must be fully investigated, and the leaker should be held accountable.
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Thank you for allowing me to continue to serve you as your Texas Representative to the RNC! As always, feel free to reach out to me with any questions you might have at tad@toniannedashiell.com, or follow me on Facebook or Twitter at the links below. Thank you for being a strong Texas Republican, and together, let us work to Keep Texas RED!
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Paid for by Toni Anne Dashiell RNC National Committeewoman for Texas
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