s now
Posted on 10/24/2004 2:40:01 PM PDT by crushelits
DETROIT - A judge's order requiring some provisional ballots in Michigan to be counted even if they are cast in the wrong precinct was put on hold Sunday, the second time in as many days that a federal appeals court dealt a setback to Democrats who wanted to ease voting restrictions.
A 6th U.S. Circuit Court of Appeals (news - web sites) panel in Cincinnati issued a stay of a lower court ruling that had reversed Michigan's policy for counting provisional ballots, saying it will hear an appeal of the issue quickly. On Saturday, the same three-judge panel had rejected a similar ruling out of Ohio.
Provisional ballots — required in all states for the first time this year — are used when voters say they are properly registered but their names are not on the registration rolls. The ballots are later counted if elections officials determine the voter is validly registered.
Michigan officials had ordered that only provisional ballots cast in the correct precinct should be counted, but a federal judge in Michigan had issued an injunction Tuesday saying ballots should be counted for federal races, including president, if the votes were cast in the wrong precinct but the right city, township or village.
The panel that stayed that ruling promised to hear an expedited appeal of the case, but it was unclear whether a decision would be reached before Election Day on Nov. 2.
"It's by no means over, but the likelihood that the stay will be in effect on Election Day is greater than the chance it won't be," said Michael Pitt, a lawyer who sued the Michigan secretary of state's office over its provisional ballots policy on behalf Michigan Democrats.
Pitt said he expected written arguments to be due Monday afternoon.
A message seeking comment from the Secretary of State's office was not immediately returned Sunday. Michigan elections officials have said voters who show up in the wrong polling places will be directed to the correct one.
Rules on counting provisional ballots vary by state, but Democrats have sued in several swing states where elections officials ruled that such ballots cast outside the voter's precinct are invalid.
Judges had ruled in favor of Democrats in Ohio and Michigan, but the 6th Circuit effectively nullified those rulings this weekend. On Saturday, the court threw out a lower-court decision that said provisional ballots are valid as long as they are cast in the correct county.
In Florida, a federal judge ruled Thursday that the state must reject provisional ballots if they are cast in the wrong precinct. In Missouri and Colorado, judges have ruled that votes in the wrong place don't have to be counted.
Democrats claim the stricter rules disproportionately hurt poor people, who tend to move more often and may not know their correct polling place. They also contend such rules violate the Help America Vote Act, although the U.S. Justice Department (news - web sites) has weighed in on the side of election officials.
Michigan, in its appeal filed Wednesday, argued that changing course at this point could jeopardize an orderly election or timely certification of the results. It accused Michigan Democrats and others of delaying the suit for months and attempting to "railroad" it through the courts at the last minute.
The Michigan Democratic Party said the state should have focused instead on implementing the judge's order instead of appealing.
Take that, Dims!
One more time, the Democrats lose their attempt to steal the race. I've got more confidence in the American people. Also, seems like Dems. are getting their hands slapped all of the country whether in polls, judge's decisions, or liberals eating their own (Maureen Dowd). I'm having a fine day.
rulings of clinton-appointed judges on ballot issues in
Florida, Ohio, and now Michigan have been REVERSED. Truth and
law are inconveniences to these leftys
Good news!
In other news, a United Airlines airliner suffered in-flight damage when it struck a herd of migrating flying pigs over central Michigan on Sunday...
s nowWooooooHoooooooo!
Just a thought about these Provisional Ballots....
IF a ballot is to be "held until proof of registration
is verified," isn't that the same as having your ballot
exposed? Where is the secrecy of the ballot? It obviously has to have your name on the title page of the provisional
sheet, otherwise there would be no way of checking the
voter's eligibility. IOW, it's comparable to declaring your party in the Primaries, only the provisional ballot also reveals exactly WHOM you voted for across the board.
And more than a few states have done away with the party affiliation even in the primaries.
Its a damn shame these judges keep mucking things up. Before you know it the only way to win will be to convince people you have a better idea
How does it works that they are not on the voting lists if they actually are registered? Going to the wrong precinct? How stupid ARE these people?
Sort of rhetorical questions.
I thought you'd like this!
It's clear that the democrats knew they had this problem on caucus night yet have done nothing to correct it. I think it's also clear that they did nothing to correct it and intended to use it to thier fraudulent advantage in this election.
I believe that the provisional ballots are put into two envelopes, just like absentee ballots. The outer envelope has your name and other information that is checked to see if you are really registered. If it is determined that it is a legit ballot, the envelope is opened and the inner envelope is blank. It is put on a pile for later opening and counting.
Excellent news. The RATS' voter fraud plans for 2004 seem to have been almost entirely based on this provisional ballot scheme. If they end up losing all these court cases, there's almost no way they'll be able to successfully pull off the scam.
George W. Bush will be reelected by a margin of at least ten per cent
If they would make it mandatory that voters needed to show their voter's registration cards before voting they could make sure that voters went to the correct precinct.
Sometimes the courts get it right. Both cases in battleground states too.
I'm watching "Farenhype 911" as we speak.
The idea that Kerry will be cheated in, scares me to death.
Is it any good? I think Kerry will go down in flames. There are a lot of hints about a Monday surprise. I don't have a clue about what it is, but am on pins thinking about it.
Actually, a few more appearances and interviews with Teresa should sew it up!
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