Thursday, October 16, 2014
just a draft so far:
This has been an interesting time for people interested in whether Voter ID, as practiced in Indiana, is constitutional. Back in 2008 the Supreme Court found that an ACLU lawsuit was defectively filed, and that deciding the merits of the case would have to wait for as-applied challenges to come later.
Those challenges are now working their way up the pipeline, and yours could be next.
After the 7th Circuit in Chicago split 5 to 5, the Supreme Court put Wisconsin's voter ID on hold for this election. The Supreme Court of Arkansas found voter ID unconstitutional. The Wisconsin Supreme Court has already ordered changes because charging for documents like a birth certificate would be a poll tax.
A judge in Texas found that voter ID is a poll tax, violates the voting rights act, equal protection,and the First Amendment, but the circuit court put that ruling on hold. The Supreme Court is likely to act on that case shortly. So far, no one in Indiana has filed a new suit recently, but I've heard that the Moral Mondays group is looking for plaintiffs. If you would like to be a plaintiff, one way to get things started is to give this notice when you to go to vote.
Clip and Save:
NOTICE OF TORT CLAIM
To [Marion County] election officials:
It is my expectation that when I go to vote I will be denied a regular ballot, and at most given a provisional ballot that won't be counted. Or, I will be forced to show an ID, in violation of my rights, in order to get to vote. Either way, this is an illegal interference with my right to vote.
This violates my right to vote, under the Indiana Constitution Article II section 1, the right to free and equal elections.
This violates my right to vote under the privileges and immunities clause of the 14th Amendment as well as the due process and equal protection clauses.
This violates my right to due course of law under the Indiana Constitution, Art. I section 12.
This violates my right to freedom of speech under Article I section 9.
This violates my right to be free of an unreasonable unwarranted search under the 4th Amendment and Article I section 11.
This violates the Voting Rights Act of 1965, section 2.
This violates my right to vote as protected by the First Amendment.
This violates my right to vote without paying a fee under the 24th Amendment.
_______________ (name, date) _________
This has been an interesting time for people interested in whether Voter ID, as practiced in Indiana, is constitutional. Back in 2008 the Supreme Court found that an ACLU lawsuit was defectively filed, and that deciding the merits of the case would have to wait for as-applied challenges to come later.
Those challenges are now working their way up the pipeline, and yours could be next.
After the 7th Circuit in Chicago split 5 to 5, the Supreme Court put Wisconsin's voter ID on hold for this election. The Supreme Court of Arkansas found voter ID unconstitutional. The Wisconsin Supreme Court has already ordered changes because charging for documents like a birth certificate would be a poll tax.
A judge in Texas found that voter ID is a poll tax, violates the voting rights act, equal protection,and the First Amendment, but the circuit court put that ruling on hold. The Supreme Court is likely to act on that case shortly. So far, no one in Indiana has filed a new suit recently, but I've heard that the Moral Mondays group is looking for plaintiffs. If you would like to be a plaintiff, one way to get things started is to give this notice when you to go to vote.
Clip and Save:
NOTICE OF TORT CLAIM
To [Marion County] election officials:
It is my expectation that when I go to vote I will be denied a regular ballot, and at most given a provisional ballot that won't be counted. Or, I will be forced to show an ID, in violation of my rights, in order to get to vote. Either way, this is an illegal interference with my right to vote.
This violates my right to vote, under the Indiana Constitution Article II section 1, the right to free and equal elections.
This violates my right to vote under the privileges and immunities clause of the 14th Amendment as well as the due process and equal protection clauses.
This violates my right to due course of law under the Indiana Constitution, Art. I section 12.
This violates my right to freedom of speech under Article I section 9.
This violates my right to be free of an unreasonable unwarranted search under the 4th Amendment and Article I section 11.
This violates the Voting Rights Act of 1965, section 2.
This violates my right to vote as protected by the First Amendment.
This violates my right to vote without paying a fee under the 24th Amendment.
_______________ (name, date) _________
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