Monday, May 09, 2005

http://www.thesession.org/tunes/display.php/602 no that's not it, that's "whiskey for breakfast." I'll try again.
writes about election fraud in england postal voting, and cites Ashby v White:
Ashby v White, 1704 might not be a perfect precedent since the Returning Officer who denied Matthew Ashby his vote acted maliciously, and there was also a conflict regarding Parliamentary privilege that need not detain us here, but surely the general principle should still apply:

"It is Resolved, by the Lords Spiritual and Temporal in Parliament assembled, That, by the known Laws of this Kingdom, every Freeholder, or other Person having a Right to give his Vote at the Election of Members to serve in Parliament, and being wilfully denied or hindered so to do, by the Officer who ought to receive the same, may maintain an Action in the Queen's Courts against such Officer, to assert his Right, and recover Damages for the Injury."

So perhaps there is a common law right to vote that would be violated if someone were kept from voting because they don't have ID, for example? I don't generally allege common law claims in voting rights cases, but maybe I should. It'll certainly confuse everybody, and that's worthwhile.

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