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Friday, October 20, 2006

Big News re Voter ID 

This just in.
The Supreme Court has overruled the 9th circuit's stay of Voter ID in the Arizona case.
Hasen.
Oren Kerr at Volokh.
Drudge/AZ Republic.
I just (7:30 pm) learned of this. I was working late in a secure facility that doesn't allow net access, so I'm just getting my news fix now. I had taken two days off this week to work on my voter ID lawsuit (see prior entry.)
I think the ruling was on process rather than the merits, but I need to go read it.
More shortly.
My first reaction is, let a million lawsuits bloom. The state intends to go ahead, assuming the risk that they are violating the most fundamental rights of every voter. Therefore, every voter has the right to sue for damages.
Anybody care to work up a template?

I posted the following in the comments at Volokh:
arbitraryaardvark (mail) (www):
I post here as arbitrary aardvark. In meetspace, I'm Robbin Stewart. I blog extensively about voter licenses at ballots.blogspot.com where yesterday I posted a draft of a voter ID lawsuit I hope to file next week in Indiana. gtbear at gmail.
I, and my roommate Joell Palmer, were prevented from voting in the primary,and expect to be prevented from voting in the general election if we can't get an injunction.
Palmer does not consent to a search. His right to not consent to a search was upheld in Indianapolis v Edmonds.If the state wants to go through his pockets, they can get a warrant. Denying him the vote is voter fraud. He is a duly registered voter, personally known to the precinct officials. he does not need to be poor to object to a poll tax. Missouri and Georgia courts have found that voter ID is a poll tax as well of a violation of numerous provisions of the state constitution.
I posted to the election law list about a month ago requesting "lawyers guns and money." I can't do all this alone. For an aardvark, I'm a pretty good lawyer, but I recognize the other side has me outgunned, and time is short.
Preventing illegal aliens from voting is a reasonable goal. The way to accomplish this is at registration. One a person is duly registered, they have a right to vote. If you think the person trying to vote is not the actual registered person, document your reasonable suspicion and apply for a warrant. My ancestors fought a war over this point at one time. Declaration of Independence. Incidentally, neither Palmer nor I is a Democrat; this isn't about partisanship, it's about vested rights and democratic process.
10.20.2006 8:21pm

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