To: Badger1
Question decided in Ruling #1:
Must provisional voters declare reasons for doing so? Answer: No
This changed Colorado law which up until that point required provisional voters to declare reasons.
Question decided in Ruling #2:
Does the new law created in Ruling #1 apply to all counties in Colorado? Answer: Yes
This simply applies the new law created in Ruling #1 statewide. This ruling was required under equal protection rights guaranteed under the Constitution. Ruling #2 did not change the law as decided in Ruling #1.
To: SolidSupplySide
Question decided in Ruling #1:
Must provisional voters declare reasons for doing so? Answer: No
This changed Colorado law, which up until that point required provisional voters to declare reasons.
Question decided in Ruling #2:
Does the new law created in Ruling #1 apply to all counties in Colorado? Answer: Yes
I think we are arguing the same side here, but we are disagreeing on the technicalities.
My take would be -
Question decided in Ruling #1:
Must provisional voters declare reasons for doing so?
Answer: Yes, if the provisional ballot included the provisions for doing so as required by state law.
Question decided in Ruling #2:
Does the new law created in Ruling #1 apply to all counties in Colorado? Answer: No new law was created, but equal protection rights guaranteed under the Constitution were violated.
So to guarantee equal protection rights guaranteed under the Constitution, all the provisional ballots should be counted.
14 posted on
11/21/2002 10:25:38 AM PST by
Badger1
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