Speaking of the vote

Changes in voting practices and in the enforcement of voting rights are widespread. From the LA Times, registration required:

“Bush administration lawyers argued in three closely contested states last week that only the Justice Department, and not voters themselves, may sue to enforce the voting rights set out in the Help America Vote Act, which was passed in the aftermath of the disputed 2000 election.

Veteran voting-rights lawyers expressed surprise at the government’s action, saying that closing the courthouse door to aspiring voters would reverse decades of precedent.

Since the civil rights era of the 1960s, individuals have gone to federal court to enforce their right to vote, often with the support of groups such as the NAACP, the AFL-CIO, the League of Women Voters or the state parties. And until now, the Justice Department and the Supreme Court had taken the view that individual voters could sue to enforce federal election law.

But in legal briefs filed in connection with cases in Ohio, Michigan and Florida, the administration’s lawyers argue that the new law gives Atty. Gen. John Ashcroft the exclusive power to bring lawsuits to enforce its provisions.

. . .

In one case the Sandusky County Democratic Party sued Ohio Secretary of State J. Kenneth Blackwell, arguing that the county’s voters should be permitted to file provisional ballots even if they go to the wrong polling place on election day.

The Justice Department intervened as a friend of the court on Blackwell’s side.

Saturday’s decision in that case, and in other recent cases from Michigan and Florida, gave the department a partial victory. On the one hand, the courts agreed with state officials who said voters may not obtain a provisional ballot if they go to the wrong polling place.

However, all three courts that ruled on the matter rejected the administration’s broader view that voters may not sue state election officials in federal court.

Still, the issue may resurface and prove significant next week if disputes arise over voter qualifications. Some election-law experts believe the administration has set the stage for arguing that the federal courts may not second-guess decisions of state election officials in Ohio, Florida or elsewhere.”

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