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

 

New HiveMind Project: What Should We Do About Sugar?

While most people agree that increased sugar consumption is a major cause of too many New Zealanders being overweight and obese, what we should do about this remains a matter of debate and argument. More>>

ALSO:


Gordon Campbell: On Vladimir Putin’s Wonderful, Fabulous, Very Good Year

Safe to say that no-one, but no-one has had a better 2016 than Vladimir Putin. What an annus mirabilis it has been for him. Somehow, Russia got away with directly interfering in the US election process, such that a friendly oligarch is about to take up residence in the White House, rather than a genuine rival. More>>

ALSO:


Gordon Campbell: On The Media Normalisation Of Trump

We all supposedly agree that the media is going to hell in a tabloid handbasket, but the trends to the contrary can be a bit harder to spot. In his 1970s book The Right Stuff, Tom Wolfe had mocked the way the media instinctively acts as what he called The Victorian Gentleman. More>>

ALSO:

Binoy Kampmark: The Reality Of Fake News

Fake news as reality; the inability to navigate the waters in which it swims; a weakness in succumbing to material best treated with a huge pinch of salt. That, we are told, is the new condition of the global information environment. More>>

Alastair Thompson: Helen Kelly And The Compassionless People
I wasn't a close friend of Helen Kelly's. But her passing has moved me to tears more than once in the past two weeks. I feel honoured to be one of the many who worked with her and was helped by her. More>>

Postnatal Depression: 'The Thief That Steals Motherhood' - Alison McCulloch

Post-natal depression is a sly and cruel illness, described by one expert as ‘the thief that steals motherhood’, it creeps up on its victims, hiding behind the stress and exhaustion of being a new parent, catching many women unaware and unprepared. More>>

ALSO:

Gordon Campbell: On News From The US Election Eve

Here’s a somewhat scary headline from October 30 on Nate Silver’s 538 site, which summed up the statistical factors in play at that point: “The Cubs Have A Smaller Chance Of Winning Than Trump Does” More>>

ALSO:

Get More From Scoop

 
 
 
 
 
 
 
Top Scoops
Search Scoop  
 
 
Powered by Vodafone
NZ independent news