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Two Letters, The National Voter Registration Act, and Voter-ID in Nebraska

Election Law Society · December 2, 2015 ·

By: Eric Sutton

On September 22, the Omaha World Herald published a story about two letters sent to seven Nebraska counties threatening lawsuits for voter registration irregularities. In particular, the letters alleged that the Nebraska counties of Wheeler, Loup, Kimball, Thurston, Hooker, Keya Paha, and Thomas have more registered voters than individuals of voting age. While the groups behind the letters argue that the threat of suit is designed to prevent voter fraud through effective maintenance of voter registration records, an examination of the Nebraska Legislature’s most recent session, and the past of the two organizations responsible for the letters, indicates that these letters may provide the foundation for a renewed push for voter-ID in Nebraska.

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The Territorial American Exceptionalism to the Fundamental Right to Vote

Election Law Society · November 9, 2015 ·

By Ajinur Setiwaldi

Voting is one of the most fundamental rights of U.S. citizens. Congress explicitly states as much in the National Voter Registration Act. Chief Justice Warren invoked the principle when delivering the Reynolds v. Sims  opinion in 1964, stating, “undoubtedly, the right to suffrage is a fundamental matter in a free and democratic society.”

If you’re a U.S. citizen born and living in Puerto Rico, the U.S. Virgin Islands, Northern Marina Islands, or Guam, your right to vote in federal and presidential elections is a lot less fundamental than that of citizens living on the mainland. If you’re willing to move to one of the 50 states, you can join the franchise. Even if you move to D.C., you will still have a larger say on who the next president will be than you would if you live in the territories thanks to the 23rd Amendment.

[Read more…] about The Territorial American Exceptionalism to the Fundamental Right to Vote

Nevada’s Luck Runs Out: Voting Rights Case Remanded to District Court

Election Law Society · October 19, 2015 ·

By: Kelsey Carpenter

An interesting case has just been remanded back to the United States District Court of Nevada by the 9th Circuit Court of Appeals called National Council of La Raza v. Cegavske (2015) regarding the National Voter Registration Act of 1993 (NVRA). Specifically the plaintiffs challenge Nevada’s following of Section 7 of the NVRA. Section 7 states that voter registration opportunities must be provided by all offices that handle public assistance and services to disabled populations. This provision of the NVRA exists to protect previously disenfranchised low-income voters from being unable to register to vote.

[Read more…] about Nevada’s Luck Runs Out: Voting Rights Case Remanded to District Court

All States (motor-voter): The voting poor

Election Law Society · October 20, 2011 ·

by Patrick Genova

Initiatives aimed at registering poor Americans to vote is un-American, or at least that is the conjecture Matthew Vadum made early last month in a controversial article published by American Thinker. Vadum, the author of Subversion, Inc. and Senior Editor for the non-profit watchdog group Capital Research Center, argues that leftist groups are trying to use the poor as a “battering ram” to advance redistributionist policies. The poor masses, Vadum suggests, are the tools with which Obama and like-minded organizations plan to drag America further from small government ideals. Vadum essentially asserts that voter registration is infringing on his American Dream.

The progressive radio host Thom Hartmann went toe-to-toe with Vadum shortly after the article was released. On the Thom Hartmann Program Vadum defended the views he put forward in the article arguing that, given the chance, welfare recipients would vote for their own interests. Hartmann, expressing concern for the one in seven Americans below the poverty line, argued that everyone, not just the poor, votes for their own interests. Vadum had no substantive response to Hartmann’s prodding.

[Read more…] about All States (motor-voter): The voting poor

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