Tina Musto Tina Musto

Voting Rights are Human Rights

While the right to vote is widely recognized as a fundamental human right, this right is not fully enforced for millions of individuals around the world. Consistently disenfranchised groups include non-citizens, young people, minorities, those who commit crimes, the homeless, disabled persons, and many others who lack access to the vote for a variety of reasons including poverty, illiteracy, intimidation, or unfair election processes. An important force in combating disenfranchisement is the growth of organizations engaged in election monitoring.

Human Rights Library, University of Minnesota

According to an October 7, 2020 article, in Pass Blue, entitled International Election Monitors Arrive in the US for the Nov. 3 Poll , by Allison Lecce , the major international body for monitoring elections, the Organization for Security and Cooperation in Europe, has begun observing the lead-up to the United States Nov. 3 general elections. At the invitation of the US State Department, the work of the organization, known as the OSCE, started on Sept. 29 and will operate in just 28 of the 50 states and in Washington, D.C.

The experts consist of legal specialists and political and media analysts, and the team will work at polling stations and with board of election offices to oversee and assist in election proceedings, leading up to the election and on Nov. 3. Analysts from the OSCE’s Office of Democratic Institutions and Human Rights gauged the pre-election climate by looking at such aspects as voting methods, voter rights, cybersecurity and campaign processes. Experts spoke with US government officials, media, political parties and civil society. It found that distrust in the election has been widespread and could negatively affect the results of the presidential election. An observation mission could ease distrust in the process and ensure fair results, the report contends. But what exactly does it mean for the US and voters? Can it save us from attacks from our own president?

Public scrutiny was raised in the late summer after many reports that public post boxes and sorting machines were being removed from sidewalks and some post offices. Voting advocates, politicians and others considered the removals an attempt to sabotage postal voting, and Postmaster General Louis DeJoy was forced to reverse his decision on the policy. DeJoy is a Republican Party donor who was appointed to the job in June.

In this year’s election the right to vote has been assaulted on many levels and in ways that election monitoring groups and civil rights defenders never could of imagined. This assault on the USPS is just one of a myriad of ways the Right to Vote needed protecting this year. I personally discovered two subtle ways in which voting was suppressed, maybe someone else had this same experience. It seems disenfranchisment is not the only way voting is suppressed, as if that isn’t enough.

I became concerned when my partner's mother's ballot did not arrive in the mail. She is 84 and wants to vote again after not voting for years, so, in August, we helped her get registered as a Democrat again in San Diego County. So, we checked the status of her registration and much to our surprise her listed information had a completely wrong address. She lives in La Jolla California and the incorrect address was a Solana Beach address that none of us had ever heard of. We then called her local registrar's office and they told us someone had sent in a change of address form back in September and for some reason they could not see who signed it. They told us she needed to register all over again thereby changing the address back to her La Jolla, Muirlands Vista Way address.

Fortunately, after spending a few hours on the phone, her son was able to take her directly to the Kearny Mesa registrar's office to register again and pick up a new ballot. I'm not sure how many people would have taken the time to straighten all this out and be able to vote. And I'm still concerned that there might be a wayward ballot out there that may adversely affect her new ballot. The new ballot was filled out and dropped off at the the registrar's office earlier today.

But, the most pressing question is whether this may be a pattern, essentially ballot stealing, that is happening. I'm thinking maybe some organized group is getting lists of newly registered voters, who would not have been in the habit of getting their ballot in the mail, and changing the address so they never receive one. Or if not that nefarious, could it be a widespread error in the registrar's process?

A second, even more mysterious instance happened in Lodi California. A friend of mine’s mother is in a nursing home in Lodi California named Delta Rehabilitation and Care Center. When she checked on her mother’s ballot, she found out that none of the residents of the home received their mail-in ballot. Upon tracking her mother’s ballot she found that they were still at the post office and never been delivered. to the residents. And upon speaking with the registrars office she found that they knew they were never delivered. Again, could this be a pattern, to how many nursing homes in the area, or even around the country, did this happen.? This brings should be questioned., an investigation even should happen. But will it?

My friend had to jump many hoops to get her mother the ballot that she so dearly wanted. She said her mother has been looking for her ballot for weeks and was truly disappointed that she had not yet received it.

It certainly is plausible to me that these instances are additional ways our human rights can be assaulted, limited, essentially taken away….including voting rights., and by our own president.

Read More
Tina Musto Tina Musto

Covid and College in 2020

Covid.jpg

The fall is normally my favorite time of year, that is “normally”.

It arrives with cooler temperatures, bright colorful trees, and is carried on by the glory of college football. But this is 2020, not a good year by any standard. Even the locust plagues in the United States in the 1870’s were contained to the U.S. They weren’t accompanied by world economic downturn, extensive unemployment, pandemic, and horrific natural disasters, like massive unmitigated wildfires and torrential rains from hurricanes. We humans, for the most part seem to be making the most of things, however, those who are lucky enough to have been accepted to college are particularly challenged this year.

My niece was one of the “lucky” freshmen. She was accepted to attend the University of California, Irvine prior to the stay-in-doors mandate in March and looked forward to moving up North to Irvine to attend classes.  All of the arrangements were made, which is a lot, as anyone who ever attended college on-campus knows very well. She even paid for her dorm room and some of the tuition.  Then, came March.  The storm rained down on her, besides her disappointment, the question arose, how do we get our money back?  The amount was a hardship for her and her family to dig up. 

Her family paid for 18 weeks' accommodation at the dormitory, but McKenna was only there for six weeks before she returned home because of restrictions imposed by the coronavirus pandemic. 

Also, she is not alone in chasing credits for accommodation payments. As her friends and other parents confirm, "I just don't think the amount of rebate that they've given to the kids that haven't been able to be there is fair," McKenna’s father, Doug, said. “And I know others who would agree with me.”

So, now, University students are chasing thousands of dollars in refunds from accommodation providers, including my niece. And it’s not certain if these refunds will be made available easily, or if those that have paid will have to chase down claims against the universities. Our experts can do the chasing for you. Action Advocates has a great deal of experience with higher level education and it’s administration.

In addition, if you don’t get something, you don’t pay for it, right? Well, not during a pandemic and not on college campuses. That had McKenna also having to ask about pricey fees for things she could no longer get when attending classes on-line, such as parking fees, among others.

So, be aware that if you pay for anything at universities at this time prior to attending that you may be chasing down refunds that may not be that easy to get. 

The other thing I love about fall is Big Ten college football. But, I don’t believe these kids should be playing in the midst of a pandemic, with no one in the stands and no one on campus.  The safety of everyone involved is the most important thing, not profits. But unfortunately, that is an ideology that often fails to fit into our society.  And so it goes, University of Wisconsin-Madison Chancellor Rebecca Blank testified before a Senate committee Tuesday as speculation swirled all the way up to the Oval Office about the fate of the Big Ten’s football season. Donald Trump has tried to pressure the conference — the home of several key Midwestern battleground states in the November election — to reschedule the football season this fall.  And as the fate of our nation goes, so goes the fate of college students, and…college football, in a pandemic.

Email us at Action Advocates if you have experienced any of these types of financial hardships.  We can assist you with your fight for a refund of any of the amounts you’ve expended in your pursuit of a meaningful experience in higher education.

Read More
Tina Musto Tina Musto

AARP, Your New BFF, Don’t Be Scared

AARP.jpg

I just joined AARP, and it didn’t hurt at all! 

It actually made me quite happy when I learned about all the travel discounts I have to look forward to. But for years I was a senior age denier.  That led to tossing out mailers, ads, and deleting emails, at a frantic pace. Yes, all my friends were seniors, but not me. I would gladly be the beneficiary of any discounts they could take when eating out together with them, but personally, nope, I was not gonna carry that card around. Every time the marketing materials came in the mail it reminded how far over the hill I had descended, closer and closer to that dreaded number, 62.  It was a bit scary. I believed that if I joined AARP I would somehow immediately be zapped with a full head of grey hair, and then, forever be known as that “old lady” by all the kids on our street.

Well, I have to admit, I eventually gave in to the ads and joined, and I don’t have any more grey hair than before I joined. One of the main straws, was how I kept seeing the discounts in my Westway magazine from my AAA auto insurance company.   We do a lot of traveling and the hotel discounts alone were an extremely attractive incentive.  And, of course, there are many more advantages to being a member. I did not not realize how many — and what a wide variety — are offered. Some of these include finding free financial advice, saving on car, home, vision and dental insurance. Also, it allows you to pay less for prescriptions, books, and other discounts at a variety of shops and restaurants.  But the very best part…and I know some of you will think I’ve lost any iota of cool that I may have possessed…is getting the AARP magazine and Bulletin. Really, every month they are choked full of helpful and well-written articles on a wide variety of topics that anyone would find useful for everyday living. For example, this month’s edition includes a voting and election guide for each state. And the editors make it entertaining, with interviews with a variety of celebrities, athletes, and other people of interest.  The issues covered in the AARP magazine and Bulletin are the same issues that Action Advocates can help you with, such as social security, health insurance, and real estate ownership issues. The magazine and the accompanying bulletin newsletter have been some of my best resources to help keep up to date on information essential to our business. So, email Action Advocates for help with your everyday issues, and then, go for it, join up, if you’re at that golden age and get your own copy of their magazine and bulletin.  I promise you won’t sprout grey whiskers or forget where you put your readers.  

Read More
Tina Musto Tina Musto

NJ Caregivers Beware of Danielle’s Law

DaniellesLaw.jpg

Who is at risk of violating this law? 

New Jersey Public Law 2003, Chapter 191, Danielle's Law, enacted in 2003, requires staff working in facilities that provide services to individuals with intellectual/developmental or traumatic brain injury to call 911 when there is a life-threatening emergency.

What's the penalty for violating the law: 

First Offense - $5000.00, Second Offense - $10,000, Third Offense - $25,000.

Here’s How it Works: 

The Department of Human Services’ Office of Program Integrity and Accountability (OPIA) will investigate alleged violations. The Division’s Risk Management staff will evaluate the investigative evidence and will present its findings to the Assistant Commissioner who will determine whether a violation has occurred.

BEWARE: If you are working as a caregiver for head trauma in NJ this law requires you to call 911 if the person, you're caring for experiences ANY type of emergency that could possibly be life threatening, this includes all of the following scenarios.

If there's bleeding from any orifice, such as the nose, ears, mouth, or catheter you MUST call 911. If you are an experienced licensed professional doctor, nurse, cna, or aide, you must still call 911!! There are NO exemptions for medical personnel, YOU too must call 911, If in doubt, call 911. If not sure, call 911. If your supervisor says it's not needed, then You call 911. If the doctor says it's not needed, YOU call 911. If the parents say it's not needed, then YOU still call 911.

Taking the action as set forth in the paragraph above is the only way to protect yourself from the money hungry NJ State Department of Human Services, and the assistant commissioners who are out there doling out their overzealous punishment. Their eagerness to apply fines is having an implicit adverse effect on the medical field, making it difficult for wonderful caregivers to do their jobs without fear of being stuck with excessive fines they can’t afford. And why can’t they afford to pay the fines? Because their salaries are barely high enough to make a living, risking having their license revoked, and taking away any chance of making a living in the way they know how.  

Email us at Action Advocates if you have experienced any such type of hardship with regard to these exorbitant fines, we would love to help you find some type of resolution.

This is not a substitute for reading the law yourself or getting legal advice from a licensed attorney.

Read More