Book Reviews | Gordon Campbell | News Flashes | Scoop Features | Scoop Video | Strange & Bizarre | Search

 


Clearing Up The Issue Of Provisional Ballots

SCOOP LINK:

Purges & Provisional Ballots

By Robert M. Duncan, Moritz College of Law

For full story see... Election Law @ Moritz - Free & Fair (Purges & Provisional Ballots)

This morning's front-page New York Times story on purges is, I believe, somewhat inaccurate in one potentially significant respect. After describing apparently unlawful purging practices in several states, the article says: "Some states allow such voters to cast provisional ballots."

My understanding of HAVA--and I believe the prevailing understanding in the legal community (of those who focus on HAVA-related issues)--is that HAVA requires every state to let all individuals cast a provisional ballot if they are willing to affirm that they believe themselves to be registered voters, as presumably would occur if there an unlawful or otherwise erroneous purge. The relevant provision is 42 U.S.C. 15482(a). (This requirement is inapplicable to states with Election Day Registration or without any form of voter registration, but the purging problem discussed in the article does not arise in those states.) Thus, any voter wrongly purged should be able to cast a provisional ballot, and it would be a qualitatively different problem on Nov. 4 if any voter who thinks he or she has been wrongly purged is denied a provisional ballot. That's what occurred in 2000, and that's what HAVA's provisional voting mandate was designed to avoid.

Of course, there is a separate question of whether the provisional ballots get counted, as the New York Times article notes. But given the predicate assumption that a voter was purged from a state's voter registration rolls in a manner that violates federal law, either HAVA or NVRA, it would seem that there is a very strong argument HAVA would require the counting of that provisional ballot (unless, perhaps, the review of the provisional ballot turned up some different basis for concluding that the voter was ineligible to vote--for example, being under age 18).

For full story see... Election Law @ Moritz - Free & Fair (Purges & Provisional Ballots)

© Scoop Media

 
 
 
 
 
Top Scoops Headlines

 

Until Dawn: Pick Your Own Horrible Adventure

Suppermassive Games’ Until Dawn sees a group of dumb sexy teenagers take a trip to a spooky mansion atop a mountain. It is, obviously, a horror game. However, the game is so ridiculous it turns out to be more of a comedy. Until Dawn begins with ... More>>

Gordon Campbell: On Donald Trump, And Dr Dre

For the past few months, you, me, and Rupert Murdoch have been waiting for the wheels to fall off the Trump campaign, and for some drab incarnation of business-as-usual (Jeb Bush, Scott Walker) to emerge as the real Republican standard bearer in next year’s presidential election... More>>

ALSO:

Hiroshima: 70 Years On, The Nuclear Threat Looms As Large As Ever

Rumours had been circulating in Hiroshima that the city was being saved for something special. It was. The burst of ionising radiation, blast, heat and subsequent firestorm that engulfed the city on August 6 killed 140,000 people by the end of 1945. More>>

ALSO:

#FutureOfNews: Challenge & Solution - A ''New Scoop''

The development of Scoop's new "Ethical Paywall" approach to licensing commercial use of its news content and addressing the current State of the NZ News Media and the challenges being faced news media everywhere. More>>

ALSO:

Lyndon Hood: God Defend The National Anthem

Recently Labour leader Andrew Little said – deliberately, I think – that he didn't like New Zealand's national anthem and many New Zealanders preferred to sing along to the Australian one. More>>

Keith Rankin: Centenary Of The Battle For Chunuk Bair

I don't agree with the view that our national identity was forged at Gallipoli, despite the rah-rah about this in the week leading up to Anzac Day... What concerns me now, however, is our lack of respect for our own history. Why have we switched off? More>>

ALSO:

Werewolf: Pitch Perfect

Among his other blessings, Pope Francis has been a gift to the world of marketing studies. There can be few other examples where a leader has transformed the perception of an enterprise so thoroughly, but without making any discernible change to its core principles. More>>

ALSO:

US Politics: The Democrats Try To Engage With America (Again)

Venues are being rebooked to accommodate the thousands of people coming to listen to Vermont Senator, avowed socialist, and presidential aspirant Bernie Sanders talk about the redistribution of wealth. More>>

ALSO:

Get More From Scoop

 
 
 
 
 
 
 
Top Scoops
Search Scoop  
 
 
Powered by Vodafone
NZ independent news