Monday, October 24, 2016

Today I did a third test of early voting at city hall in Indianapolis. Once again I was told by both of the people staffing the line that without ID I can't vote, which is wrong. I ran into one of the higher up staff and she explained to them how it was supposed to go, and I got a polite apology. Maybe I'll do another test tomorrow. I did not get video today. I still need to review last week's audio to see if I got anything useful.

What I've been trying to do in these voter ID tests is develop empirical evidence for how voter ID actually plays out in the field. See https://www.brennancenter.org/publication/developing-empirical-evidence-campaign-finance-cases.
 In Crawford, the court upheld Indiana's voter ID in a facial pre-enforcement challenge, but left a window open for as-applied challenges.

Similarly, in McConnell, the court turned down a facial challenge to BCRA, but in cases like WRTL II, Davis, Free Enterprise Club, and Citizens United, it sustained as-applied challenges. I haven't been able to find counsel to bring such a case, and I don't regard myself as competant counsel. But I keep trying to build the record, because someday such a case will come along.

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