Voting Rights

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Voting Rights

Post by Isgrimnur »

Catch-all for all of the voting rights, voter suppression, etc news.

Pasadena, TX
A Texas city violated the Voting Rights Act and the 14th Amendment by purposefully trying to dilute Latino votes, a U.S. district judge ruled Friday.

Pasadena, Texas, will become the first jurisdiction to have to clear changes to its election laws with the Department of Justice since the Supreme Court’s 2013 Shelby County v. Holder ruling, according to the Mexican American Legal Defense and Educational Fund, which brought the Texas lawsuit.

The 2013 Supreme Court ruling freed states with a history of voter discrimination from having to get DOJ approval to change election laws. Following the decision, scores of states and localities rushed to pass voter ID and other measures that voting rights advocates say disenfranchise minorities.

The Texas lawsuit, filed on behalf of Latino voters in Pasadena, accused Mayor Johnny Isbell and members of the City Council of manipulating the districting system in order to keep Latinos from gaining seats on the City Council.

Latinos make up 62 percent of the population of Pasadena, a city of 150,000 outside Houston, but turnout lags behind white voters. Isbell, a Republican, faced challenges in recent years to his party’s hold on power as the city’s Hispanic population grew. With only a one-vote majority on the City Council, he led an effort four years ago to change the electoral system.

Instead of electing City Council members by districts, which gave areas with a Hispanic majority a better chance of electing Latino officials, Isbell pushed a hybrid system with six single-member districts and two-at large districts, which would be elected by the public as a whole.

Voters approved the redistricting changes in a tight referendum election in 2013. An estimated 99.6 percent of the city’s Latino voters opposed the changes, according to Friday’s ruling by U.S. Chief District Judge Lee Rosenthal.

The ruling also describes how after the referendum, Council Member Pat Van Houte, a Democrat, criticized the changes before the City Council. Isbell had police escort her out of the building for violating a new rule limiting floor speeches to three minutes on any given topic.

In addition to requiring DOJ clearance, Friday’s ruling forces Pasadena to abandon the redistricting plan and go back to its previous system — a map used in the 2013 election made up of eight single-member districts.

Rosenthal called that the “less intrusive remedy” that gives the Pasadena City Council a chance to course-correct in time for its May 2017 election.

But the pre-clearance requirement is indeed the heavier burden.
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Re: Voting Rights

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Texas
A federal court has dealt Texas another loss over voting rights, finding that Republicans racially gerrymandered some congressional districts to weaken the electoral influence of the state's booming minority population.

The ruling late Friday by a three-judge panel in San Antonio gave Democrats hope of new voting maps that could give them more seats in Congress. But the 2-1 decision didn't mandate an immediate fix and Texas could appeal to the U.S. Supreme Court.

Republicans currently hold two of the three congressional districts ruled newly invalid. The maps were originally drawn by the GOP-controlled Texas Legislature in 2011.
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Re: Voting Rights

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North Carolina
The Supreme Court on Monday announced that it would stay out of a fight over a restrictive North Carolina voting law. The move left in place a federal appeals court ruling that struck down key parts of the law as an unconstitutional effort to “target African Americans with almost surgical precision.”

As is the court’s custom, the justices gave no reason for declining to hear the case. But Chief Justice John G. Roberts Jr. issued a statement noting that there was a dispute about who represented the state in the case and that nothing should be read into the court’s decision to decline to hear it.
...
The case challenging the North Carolina law was brought by civil rights groups and the Obama administration. A trial judge rejected arguments that the law violated the Constitution and what remained of the Voting Rights Act. A three-judge panel of the United States Court of Appeals for the Fourth Circuit, in Richmond, Va., disagreed.

The appeals court ruling struck down five parts of the law: its voter ID requirements, a rollback of early voting to 10 days from 17, an elimination of same-day registration and of preregistration of some teenagers, and its ban on counting votes cast in the wrong precinct.

The court found that all five restrictions “disproportionately affected African-Americans.” The law’s voter identification provision, for instance, “retained only those types of photo ID disproportionately held by whites and excluded those disproportionately held by African-Americans.”

That was the case, the court said, even though the state had “failed to identify even a single individual who has ever been charged with committing in-person voter fraud in North Carolina.” But it did find that there was evidence of fraud in absentee voting by mail, a method used disproportionately by white voters. The Legislature, however, exempted absentee voting from the photo ID requirement.

The court also found that the early voting restrictions had a much larger effect on black voters, who “disproportionately used the first seven days of early voting.” The law, the court said, eliminated one of two “souls-to-the-polls” Sundays when black churches provided rides to polling places.
...
In December, state officials asked the Supreme Court to hear their appeal in the case, North Carolina v. North Carolina State Conference of the NAACP, No. 16-833. Two months later, in an unusual last-minute procedural maneuver, two newly elected Democratic officials — Gov. Roy Cooper and Attorney General Josh Stein — asked the court to dismiss the state’s petition seeking review. Lawyers for the General Assembly opposed the motion.

In his statement on Monday, Chief Justice Roberts said the Supreme Court’s decision to decline to grant the petition seeking review, or petition for certiorari, turned on that dispute.

“Given the blizzard of filings over who is and who is not authorized to seek review in this Court under North Carolina law,” the chief justice wrote, quoting an earlier decision, “it is important to recall our frequent admonition that ‘the denial of a writ of certiorari imports no expression of opinion upon the merits of the case.’”
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Re: Voting Rights

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NYT, Dec 9
The House voted on Friday to reinstate federal oversight of state election law, moving to bolster protections against racial discrimination enshrined in the 1965 Voting Rights Act, the landmark civil rights statute whose central provision was struck down by the Supreme Court.

Representative John Lewis, Democrat of Georgia, who was beaten in 1965 while demonstrating for voting rights in Alabama, banged the gavel to herald approval of the measure, to applause from his colleagues on the House floor. It passed by a vote of 228 to 187 nearly along party lines, with all but one Republican opposed.

The bill has little chance of becoming law given opposition in the Republican-controlled Senate and by President Trump, whose aides issued a veto threat against it this week.

The measure is a direct response to the 2013 Supreme Court decision in the case of Shelby County v. Holder, in which the justices invalidated a key portion of the law.
...
On Friday, just one Republican, Representative Brian Fitzpatrick of Pennsylvania, voted “yes.”
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Re: Voting Rights

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NBC News
A conservative law firm on Thursday asked a judge to find the Wisconsin Elections Commission in contempt and impose $12,000 a day in fines until it immediately purges more than 200,000 voters from the rolls, a move Democrats are fighting in the key battleground state.

A judge last month ordered the purge of voters who may have moved and didn't respond within 30 days to notification sent by the elections commission in October. The bipartisan commission has deadlocked twice on attempts by Republicans to do the purge immediately while an appeal to the court order is pending.

Rick Esenberg, leader of the conservative Wisconsin Institute for Law and Liberty that brought the lawsuit, said the commission must purge the voters now. The judge in December ruled that the commission was breaking state law by not removing voters who did not respond to the October mailing asking that they confirm their address.
...
The case is currently before a state appeals court. The commission has asked the appeals court to put the original ruling on hold, but it has not yet acted. The Supreme Court has not said yet whether it will take the case.

The League of Women Voters of Wisconsin also has filed a federal lawsuit to stop the purge. That lawsuit argues that it would be a violation of constitutional due process rights to deactivate the registrations of the voters without proper notice.
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Re: Voting Rights

Post by Isgrimnur »

Florida
A federal court struck down a Florida law which denied individuals with prior felony convictions the right to vote if they could not afford to pay certain fees and fines. Tuesday’s decision will restore the right to vote for some 1.4 million Floridians who would have otherwise been eligible to vote but for the law making that right contingent upon their ability to pay off outstanding fines, fees and restitution.

That law, SB 7066, is now enjoined and cannot take effect. The state defendants seeking to enforce SB 7066 only have recourse to the Supreme Court–which is unlikely to take up their case during the present term; meaning that the ruling probably won’t be overturned or even considered before the 2020 general election.

The 78-page opinion by a three-judge panel of the U.S. Court of Appeals for the 11th Circuit is an all-but total victory for voting rights and Civil Rights advocates who have long complained that Sunshine State Republicans had effectively resurrected Florida’s racist poll tax of the Jim Crow Era under a poorly-disguised legal garb.

“The court unanimously ruled that a person’s right to vote cannot be contingent upon their ability to pay,” said Julie Ebenstein, a senior staff attorney with the ACLU’s Voting Rights Project in a press release. “This law is a modern-day poll tax. This ruling recognizes the gravity of elected officials trying to circumvent Amendment 4 to create roadblocks to voting based on wealth.”
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Re: Voting Rights

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CNN
The Supreme Court on Thursday said Florida can enforce a law barring ex-felons from voting if they still owe court fines or fees that they are unable to pay associated with their convictions.

The unsigned order likely means the law will be in effect for the November election, although the court did not declare the law to be unconstitutional or limit ongoing court challenges.

Liberal Justices Sonia Sotomayor, Ruth Bader Ginsburg and Elena Kagan dissented.
...
This is the latest legal battle for voting rights in Florida. Earlier this month, a federal appeals court in Atlanta blocked a judge's order from May that had cleared the way for hundreds of thousands of felons in the state to register to vote.

In response, the American Civil Liberties Union, along with the Campaign Legal Center and other voting rights groups, filed an application last week asking the Supreme Court for an order overturning the appeals court decision.
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Re: Voting Rights

Post by Holman »

How is that not a poll tax and a violation of the 24th amendment?

If people who owed legal fees were forbidden from publishing in the newspaper, would that not violate the 1st amendment?
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Re: Voting Rights

Post by El Guapo »

Holman wrote: Thu Jul 16, 2020 5:39 pm How is that not a poll tax and a violation of the 24th amendment?

If people who owed legal fees were forbidden from publishing in the newspaper, would that not violate the 1st amendment?
You lose at least temporarily certain constitutional rights when you commit a crime and are duly convicted of it (e.g., freedom of movement and association, for example). That's part of why Florida (and other states) were able to deny the right to vote to convicted felons to begin with. The constitutional amendment that passed barred restricting the right to vote once you served your sentence - all "terms of sentence". The Florida legislature has defined fines (tied to convictions) as part of the "terms of sentence".

Anyway, point is the authority to impose what would otherwise be an unconstitutional poll tax stems from the loss of liberty that accompanied criminal convictions.

But in reality, it's because Florida doesn't want likely non-Republicans to vote.
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Re: Voting Rights

Post by Alefroth »

So all it would take to allow them to vote is paying their fees or fines? A Gofundme could be setup to provide funding, right?
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Re: Voting Rights

Post by El Guapo »

Alefroth wrote: Thu Jul 16, 2020 5:57 pm So all it would take to allow them to vote is paying their fees or fines? A Gofundme could be setup to provide funding, right?
Yes, I believe that's right. Though I'm not sure what the process is or any registration deadlines, so it could conceivably be (or soon become) too late for some of them. Plus of course (in the absence of a GoFundMe) ex-felons are traditionally not swimming in cash.
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Re: Voting Rights

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TPM
Even in response to a federal judge, the Trump campaign was unable to provide evidence of voter fraud in its crusade against drop boxes in Pennsylvania.

Last week, a Trump-appointed federal judge ordered the campaign to show examples to back up their argument that drop boxes, where voters can deposit their ballots, will open the door to widespread voter fraud.

In their response, campaign lawyers declined to do so.
...
The campaign then loaded the 524-page document with articles about a handful of cases of voter fraud unrelated to mail-in voting or drop boxes.
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Re: Voting Rights

Post by Jaymann »

Isgrimnur wrote: Fri Aug 21, 2020 6:30 pm TPM
Even in response to a federal judge, the Trump campaign was unable to provide evidence of voter fraud in its crusade against drop boxes in Pennsylvania.

Last week, a Trump-appointed federal judge ordered the campaign to show examples to back up their argument that drop boxes, where voters can deposit their ballots, will open the door to widespread voter fraud.

In their response, campaign lawyers declined to do so.
...
The campaign then loaded the 524-page document with articles about a handful of cases of voter fraud unrelated to mail-in voting or drop boxes.
That sounds like something a stoned law school student would do.
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Re: Voting Rights

Post by Isgrimnur »

Or Kris Kobach.
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Re: Voting Rights

Post by Jeff V »

How is that not contempt of court? Sounds to me like someone needs attitude adjustment in a fuck-you-in-the-ass prison to stop wasting tax payer money and the court's time.
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Re: Voting Rights

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Re: Voting Rights

Post by Holman »

Jeff V wrote: Fri Aug 21, 2020 6:51 pm How is that not contempt of court? Sounds to me like someone needs attitude adjustment in a fuck-you-in-the-ass prison to stop wasting tax payer money and the court's time.
Please don't treat prison rape as a legitimate part of punishment. It's another grave injustice. It's torture.

Would anyone say a woman deserves to be sent to "fuck-you-in-the-ass prison" and raped? Then why a man?
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Re: Voting Rights

Post by Jeff V »

Holman wrote: Fri Aug 21, 2020 7:33 pm
Jeff V wrote: Fri Aug 21, 2020 6:51 pm How is that not contempt of court? Sounds to me like someone needs attitude adjustment in a fuck-you-in-the-ass prison to stop wasting tax payer money and the court's time.
Please don't treat prison rape as a legitimate part of punishment. It's another grave injustice. It's torture.

Would anyone say a woman deserves to be sent to "fuck-you-in-the-ass prison" and raped? Then why a man?
You seemed to mischaracterize my post My comment was to specify the severity of the prison, not the country club politicians and their cronies are accustomed to spending their incarceration. You know, the kind of place you never ever want to take the chance of going back to ever again.
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Re: Voting Rights

Post by RunningMn9 »

Jeff V wrote: Sat Aug 22, 2020 10:06 am
Holman wrote: Fri Aug 21, 2020 7:33 pm
Jeff V wrote: Fri Aug 21, 2020 6:51 pm How is that not contempt of court? Sounds to me like someone needs attitude adjustment in a fuck-you-in-the-ass prison to stop wasting tax payer money and the court's time.
Please don't treat prison rape as a legitimate part of punishment. It's another grave injustice. It's torture.

Would anyone say a woman deserves to be sent to "fuck-you-in-the-ass prison" and raped? Then why a man?
You seemed to mischaracterize my post My comment was to specify the severity of the prison, not the country club politicians and their cronies are accustomed to spending their incarceration. You know, the kind of place you never ever want to take the chance of going back to ever again.
I understood exactly what you meant, and was still like "Dude, can't do that anymore." I did not think that you were hoping for someone to be raped, but I think the thought here is that people being raped in prison is something that should be stopped, not something that should be considered the cost of doing business when you commit crimes.

While I personally struggled to have empathy for some of the people sent into these hell holes as consequences for that action, I'd like to be a better person that is nominally against torture as an added bonus punishment.
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Re: Voting Rights

Post by Blackhawk »

I've worked in a prison. I've seen what the impact of such things actually are. They fall well into the 'wanton cruelty' range.
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Re: Voting Rights

Post by Daehawk »

Im hoping to avoid any bullshit and do what me and my wife almost always did....early voting. Usually its as simple as going to our old post office, going into the voting area, and voting and leaving. Ive never seen a line there. Of course this year may be crazy who knows. Im still casting my vote mofos. When they give me the sticker that says "I voted" Im adding "for the smart guy".....Biden folk will know who that is and Trump folk will guess wrong so all good. Ive already called to find out when it is. Im ready.
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Re: Voting Rights

Post by Holman »

Jeff V wrote: Sat Aug 22, 2020 10:06 am
Holman wrote: Fri Aug 21, 2020 7:33 pm
Jeff V wrote: Fri Aug 21, 2020 6:51 pm How is that not contempt of court? Sounds to me like someone needs attitude adjustment in a fuck-you-in-the-ass prison to stop wasting tax payer money and the court's time.
Please don't treat prison rape as a legitimate part of punishment. It's another grave injustice. It's torture.

Would anyone say a woman deserves to be sent to "fuck-you-in-the-ass prison" and raped? Then why a man?
You seemed to mischaracterize my post My comment was to specify the severity of the prison, not the country club politicians and their cronies are accustomed to spending their incarceration. You know, the kind of place you never ever want to take the chance of going back to ever again.
I take your point as you state it here.

I've done enough reading on prison conditions to understand rape as a real horror. That we treat it like just part of the system doesn't speak well of us at all.
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Re: Voting Rights

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CNN
Florida can bar ex-felons from voting if they owe court fines or fees associated with their convictions, even if they are unable to pay, a federal appeals court ruled Friday.

The 6-4 ruling by the full 11th US Circuit Court of Appeals overturned a lower court's ruling blocking the law.

The law, Chief Judge William Pryor wrote in the majority opinion, doesn't constitute a poll tax. Instead, "it promotes full rehabilitation of returning citizens and ensures full satisfaction of the punishment imposed for the crimes by which felons forfeited the right to vote."

"That criminal sentences often include financial obligations does not make this requirement a 'capricious or irrelevant factor,'" Pryor wrote. "Monetary provisions of a sentence are no less a part of the penalty that society imposes for a crime than terms of imprisonment. Indeed, some felons face substantial monetary penalties but little or no prison time."
...
Earlier this year, the US Supreme Court said Florida can enforce the law while the legal case over its constitutionality plays out, meaning the rule would likely be in place for the November elections.
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Re: Voting Rights

Post by Holman »

Isgrimnur wrote: Fri Sep 11, 2020 4:43 pm
The law, Chief Judge William Pryor wrote in the majority opinion, doesn't constitute a poll tax. Instead, "it promotes full rehabilitation of returning citizens and ensures full satisfaction of the punishment imposed for the crimes by which felons forfeited the right to vote."
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Re: Voting Rights

Post by Isgrimnur »

The more things change, etc.
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Re: Voting Rights

Post by coopasonic »

Isgrimnur wrote: Fri Sep 11, 2020 4:43 pm CNN
Florida can bar ex-felons from voting if they owe court fines or fees associated with their convictions, even if they are unable to pay, a federal appeals court ruled Friday.

The 6-4 ruling by the full 11th US Circuit Court of Appeals overturned a lower court's ruling blocking the law.

The law, Chief Judge William Pryor wrote in the majority opinion, doesn't constitute a poll tax. Instead, "it promotes full rehabilitation of returning citizens and ensures full satisfaction of the punishment imposed for the crimes by which felons forfeited the right to vote."

"That criminal sentences often include financial obligations does not make this requirement a 'capricious or irrelevant factor,'" Pryor wrote. "Monetary provisions of a sentence are no less a part of the penalty that society imposes for a crime than terms of imprisonment. Indeed, some felons face substantial monetary penalties but little or no prison time."
...
Earlier this year, the US Supreme Court said Florida can enforce the law while the legal case over its constitutionality plays out, meaning the rule would likely be in place for the November elections.
To put it more succinctly, "It perpetuates the current iteration of Jim Crow and we like it that way."
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Re: Voting Rights

Post by Pyperkub »

The other thing to remember about Florida is that the system is so broken, most people trying to get their voting rights back can't even get information on what they may owe and how to pay it and have it work towards getting their franchise rights back.
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Re: Voting Rights

Post by Isgrimnur »

Texas
Texas is now one of just five states won’t accept concerns about the coronavirus as an excuse to vote by mail and state leaders have blocked attempts by local officials in Harris County to make voting by mail more accessible.
...
The Republicans who run state government have made Texas a national leader in voting restrictions, ground zero in a series of long-running fights over voting rights, and hotly debated allegations of potential voter fraud.
...
Republicans in the state say they’re fighting to maintain confidence in the electoral system during one of the most chaotic elections in memory. They insist that they’re defending against rampant voter fraud, pointing to high profile instances and anecdotes, but offering no hard evidence of widespread problems.
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Re: Voting Rights

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CNN
In a significant setback for the Trump campaign in the battleground state of Nevada, a federal judge has dismissed a lawsuit brought by the campaign over the state's new mail-in voting law.

Under the recently passed law all active voters receive a mail-in ballot, whether they ask for one or not. The bill, AB-4, was passed in a special session and requires all active voters to receive a mail in ballot during the state of emergency caused by the Covid-19 pandemic.

The state argued that the campaign had no standing to bring the lawsuit, and District Court Judge James C. Mahan agreed.

In his order, granted on September 18 and made public Monday, Mahan said called the campaign's arguments "too speculative" and did not show there was a "substantial risk" of putting the election in jeopardy.
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Re: Voting Rights

Post by Jaymann »

The state argued that the campaign had no standing to bring the lawsuit, and District Court Judge James C. Mahan agreed.
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Re: Voting Rights

Post by Defiant »

Republicans across the country responded to record voter turnout by unleashing a flurry of legislation aimed at restricting ballot access, citing concerns over unfounded allegations of rampant voter fraud that they themselves stoked for months.

At least 253 bills with provisions restricting voting access have been introduced, pre-filed, or carried over in 43 states, mostly by Republicans, according to an analysis by the Brennan Center for Justice at New York University Law School, dwarfing the number of similar bills filed at this point in 2020.
https://www.salon.com/2021/02/27/republ ... 43-states/
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Re: Voting Rights

Post by Ralph-Wiggum »

If you can't change how people will vote, change whether they can vote.
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Re: Voting Rights

Post by Tao »

Georgia already passed a bill limiting/restricting absentee and early voting. I hope enough people are well enough informed to realize the GOP is trying to screw them over and that those people are willing to work a little harder to make their votes count. I would love to see this initiative blow up in the collective faces of the GOP by driving even more angry Democrats to the ballots.
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Re: Voting Rights

Post by Smoove_B »

I wish I could say I am surprised.


He signed the bill behind closed doors and arrested a State Rep for knocking.
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Officials arrested State Rep. Park Cannon a bit ago as she knocked on the door where the governor was signing a voter suppression bill into law. The bill was rushed thru GA, predicated on disinfo, & continues Jim Crow era tactics of oppression
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Re: Voting Rights

Post by Blackhawk »

I guessed right.
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Re: Voting Rights

Post by Daehawk »

The GOP are the ones who would cut off your hands and tell you its better because now you wont have to pick up anything.
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Blackhawk
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Re: Voting Rights

Post by Blackhawk »

Watching the video of that arrest reminds me why I don't go to protests like that: People being treated unjustly for selfish reasons is my Achille's heel. I'd lose my temper, and I'd end up in jail.
(˙pǝsɹǝʌǝɹ uǝǝq sɐɥ ʎʇıʌɐɹƃ ʃɐuosɹǝd ʎW)
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Skinypupy
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Re: Voting Rights

Post by Skinypupy »

Seriously man, FUCK Georgia (a thread). :evil:

When darkness veils the world, four Warriors of Light shall come.
malchior
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Re: Voting Rights

Post by malchior »

Personally I have traveled there several times and loved it there so I can't condemn the state. I agree with the sentiment though so for me it is fuck the racist, fascistic GOP. And extra measure Fuck Kemp. That guy is a straight up corrupt dirt bag.
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Re: Voting Rights

Post by Skinypupy »

malchior wrote: Fri Mar 26, 2021 10:58 am I agree with the sentiment though so for me it is fuck the racist, fascistic GOP. And extra measure Fuck Kemp.
Yeah, that's what I meant...mostly (the Atlanta Airport can still fuck off to eternity). :)
When darkness veils the world, four Warriors of Light shall come.
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