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.
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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