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Weekly Wrap Up

Election Law Society · October 8, 2010 ·

Due to a loophole in Florida election law, a violation can go without any punishment. On September 30, a Florida District Court of Appeals ruled that because the statute allowed candidates to opt for an administrative hearing regarding their violations but didn’t give those courts the power to levy sanctions, candidates could violate election law and not be penalized. This was caused by a “glitch” in the legislation and was not intentional. Florida Election Commission Chairman says that it won’t affect the cases for this year’s elections because the legislature will have an opportunity to fix it before they’re heard.

According to the 9th Circuit, Washington doesn’t discriminate against minorities in prison. The Court ruled on October 7 that the Washington felon disenfranchisement law, which prohibits incarcerated felons from voting, does not constitute discrimination despite disproportionately affecting minorities. In January, a three-judge panel of the 9th Circuit held 2-1 that incarcerated felons should be allowed to vote. Sitting en banc to reconsider the decision, the Court unanimously upheld the law. The Court ruled that the felons must show “intentional discrimination” on the part of the state and not merely that the law does discriminate, something the prisoners failed to do in this case. [Read more…] about Weekly Wrap Up

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