Friday, October 20, 2006

The opinion contains text that cuts both way.
“[T]he right of suffrage can be denied by a debasement or dilution of the weight of a citizen’s vote just as effectively as by wholly prohibiting the free exercise of the franchise.” Reynolds v. Sims, 377 U. S. 533, 555 (1964). Countering the State’s compelling interest in preventing voter fraud is the plaintiffs’ strong interest in exercising the “fundamental political right” to vote. Dunn v. Blumstein, 405 U. S. 330, 336 (1972) (internal quotation marks omitted). Although the likely effects of Proposition 200 are much debated, the possibility that qualified voters might be turned away from the polls would caution any districtjudge to give careful consideration to the plaintiffs’ challenges.

Denying the vote to registered voters dilutes the vote everyone in their party or faction. The state here is engaging in voter fraud.

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