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View Diary: How Ohio was Rigged For Bush (266 comments)

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  •  What can be done (3.50)
    There are some lawyers who post here, and they believe that there is a legal basis for arguing that this was a violation of the civil rights laws, because of the disproportionate impact on minorities.  Whether the courts will see it that way is an open question.

    We could argue that the situation was so egregious, and the impact on Kerry voters so significant, that the outcome of the Ohio vote is invalid and that the state, or at least the affected counties, should revote.  There is a pending lawsuit, I am sure that is exactly what they will argue.  Do I think that a revote will actually happen?  No, one chance in a million at best.  

    Do I think it is worth pursuing through the courts and making a big, holy stink about it?  Absolutely.  

    Because if we don't, the exact same thing will happen again.  At a a minimum, we might be able to get court orders for a minimal standard of machines per registered voter in the future.  Even better, maybe we can get a new federal voting rights law that imposes certain standards - HAVA actually did that, but the standards were weak and inadequate.  We need to do a lot better.

    Hope this makes sense to you.

    Voting rights are our most important rights because all the other ones depend on them

    by markusd on Mon Nov 22, 2004 at 12:53:54 PM PST

    [ Parent ]

    •  But is causing long lines (none)
       the legal equivalent of voter suppression?

      That's been my question all along.  I know that it could be argued that it amounts to voter suppression, but I don't know that its actionable, and I've yet to see anybody discss this beyond their feelings on the subject.

      In a democratic society some are guilty, but all are responsible. -Rabbi Abraham Joshua Heschel

      by a gilas girl on Mon Nov 22, 2004 at 03:13:40 PM PST

      [ Parent ]

      •  No, it is not actionable (none)
        However

        Either the long lines and other irregularities were  (a) an unintended result, for example of poor planning or (b) an intended result

        Can one ever prove (b) happened?  Are (a) and (b) even distinguishable operationally? Maybe not, but this is certainly not impossible and apparently people are willing to spend time investigating.

        In case (b) if there was a plan to cause long lines, who brought that plan into existence? If there are enough people poking around, someone close to those responsible sooner or later will freak out.

        But this won't happen soon and it won't affect who will be inaugurated.  Is that enough to stop this? Not in my opinion.

      •  It is illegal if (none)
        it has a racially disparate effect. That is true even if it was unintentional
        •  yeah i wrote this in a post below but people keep (none)
          making legal arguments without I think understanding the law- de facto discrimination is a potential challenge, but by no means it will be a failure if the evidence can be mounted- which is a BIG reason to investigate now why the evidence is fresh
    •  Has there ever been a re-vote? n/t (none)

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