Jennifer Brunner
Posted on 10/10/2008 10:47:42 PM PDT by Gator_that_eats_Dems
CINCINNATI—A federal appeals court sided with Ohio's top elections official Friday in her running battle with Republicans over how to verify the eligibility of newly registered voters.
The 6th U.S. Circuit Court of Appeals set aside a federal judge's order a day earlier that Democratic Secretary of State Jennifer Brunner institute the means to verify voter registration information and make it available to Ohio's 88 county election boards.
Brunner argued that it would take two to three days to create the necessary computer programs, and that nothing in the Help America Vote Act required her to do what the lower court ordered. A three-judge panel of the appeals court agreed in a split decision.
"With less than a month until the election, and less than two weeks until the beginning of counting absentee ballots, the secretary cannot be required to undertake the extensive reprogramming and other changes to the election mechanics without complete disruption of the electoral process in Ohio," the majority said in its opinion. "The irreparable harm to the voting public caused by the district court's order is equally clear."
On Thursday, U.S. District Court Judge George C. Smith in Columbus ordered Brunner to verify new registrations by matching information on them against a database maintained by the Ohio Bureau of Motor Vehicles or the Social Security Administration. He also ordered her to establish a process by which the county boards can access the information generated by the checks.
Brunner praised Friday's decision, saying there are sufficient systems in place to verify new-voter registration.
(Excerpt) Read more at boston.com ...
H.R. 3295 [107th]: Help America Vote Act of 2002
--- Section 302 ---
Provides for provisional voting by individuals who declare that they are registered to vote in a Federal election in a jurisdiction but who are not on the official list of registered voters or are otherwise alleged to be ineligible. Requires that: (1) such individuals be permitted to cast a provisional ballot; (2) the ballot be promptly verified and counted if determined to be valid under State law; and (3) the voter be able to ascertain whether the vote was counted, and, if the vote was not counted, why it was not counted.
Declares that States that do not require voter registration for Federal elections may meet these provisional voting requirements using voter registration procedures established under applicable State law.
Requires: (1) a sample ballot and other voting information to be publicly posted at each polling place on the day of each election for Federal office; and (2) that if polling hours are extended as a result of a court order any individual who votes during the extension will vote by provisional ballot and the ballot cast shall be held separate from other provisional ballots cast by those not affected by the order.
--- Section 303 ---
Requires each State without voter registration requirements for Federal elections to implement a single, uniform, official, centralized, interactive computerized statewide voter registration list that contains the name and registration information, including a unique identifier, of every legally registered voter in the State to serve as the official voter registration list for the conduct of all elections for Federal office in the State.
Requires the appropriate State or local election official to perform list maintenance with respect to the computerized list on a regular basis and to provide adequate technological security measures to prevent unauthorized access to the computerized list.
Requires the State election system to ensure that voter registration records in the State are accurate and are updated regularly. Prescribes minimum requirements for verification of voter registration information, including driver's license number or the last four digits of a Social Security number.
Requires voters who register by mail to present a current and valid photo identification when voting in person, or if voting by mail, to enclose a copy of such identification or of a current utility bill, bank statement, or government document showing name and address.
Requires that mail-in voter registration forms developed under the National Voter Registration Act of 1963 include questions requiring voters to verify that they are U.S. citizens and old enough to vote. Requires States to notify voters who fail to complete the question on citizenship and provide them with an opportunity to complete the form before the next Federal election.
--- Section 304 ---
States that the requirements established by this title are minimum requirements and nothing in this title shall be construed to prevent a State from establishing stricter election technology and administration requirements so long as they are not inconsistent with requirements under this title or specified Federal law.
Usually courts do not like to be overruled unless you’re the 9th Circus. If this gets appealed to the Supreme Court, the 6th will probably want a second look at it.
ping!
They shopped until they got enough Dems on the Panel of Judges. It is done all the time!
The three judges (one dem borrowed from the 8th circuit, an LBJ appointee)
:
Moore was nominated by President Bill Clinton on January 24, 1995
Griffin was appointed to the Sixth Circuit on June 10, 2005, after being nominated by George W. Bush on June 26, 2002
BRIGHT Judge, U. S. Court of Appeals for the Eighth Circuit
Nominated by Lyndon B. Johnson on April 25, 1968
Are they really defying the Supreme Court of the United States?
Jennifer Brunner
A Republic... If we can keep it.
Benjamin Franklin
You heard it first through The Spartan Truth.
Our last hope to stave off a full bore lurch into socialism will be to get the U.S. Supreme Court somehow involved in the presidential election.
I think they bumped it cause they don’t want to be the deciding court, they passed the buck knowing it would be appealed and that way the decision doesn’t fall on their shoulders.
Either a vote is real and it matters, or it doesn’t and toads and snails in vacant lots mean more than we do. 500 “Misplaced” votes got Washington State a Dim Governor, 5 people went to prison form ACORN for it, but she is still in office.
"We will let voter fraud continue"
It won't happen. Nobody gives a crap.
Nobody.
This country is officially a Banana Republic.
Elections are meaningless.
This is a coup.
My ignorance aside, can’t a voter sue in federal court that their vote is being made meaningless by not vetting the voters?
No, they do have a choice.
It’s called the law.
I don’t blame the USSC.
Election laws are with the states.
I hope the states start enforcing the laws they have on the books.
That’s not happening yet!
Stop it!
Get over your dour self!
I like you, but tonight you are a drama queen.
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