Free and Fair
The Identity of Provisional Voters: Private or Public? (An Issue That Might Emerge Early in Overtime)Posted on October 30, 2012, 8:30 pm
An initial effort to anticipate how the process of verifying provisional ballots might start to unfold on November 7 if the presidential election hangs in the balance.
It is important to distinguish “extra innings” as an ordinary part of a well-functioning electoral process from true calamities that deserve to be labeled as such. To this end, I offer this historical perspective.
A contemplation of the possibility that this year's presidential election extends beyond November 6, and how 2012 might differ from 2000 in this regard.
This comment builds on my earlier one on the need for nonpartisanship in the Supreme Court's decision in this case. UPDATE: The Court, without dissent, has denied the State's request for a stay, thereby achieving the unified posture that this comment was hoping for.
Why one should hope for a unanimous decision, whichever way it comes out.
The full Sixth Circuit should let stand the panel's decision, which is best understood as an exercise of the court's "equity" powers regarding temporary injunctions, especially as four federal judges have agreed that a temporary injunction is appropriate and none have disagreed.
In addition to Pennsylvania's voting ID ruling, and the start of early voting in Ohio, today marks the launch of our new Swing State Focus. It's interactive, so check it out to compare how each swing states handles such matters as absentee voting, provisional ballots, or recount procedures.
Election Law at Moritz is nonpartisan and does not endorse, support, or oppose any candidate, campaign, or party. Opinions expressed by individuals associated with Election Law at Moritz, either on this web site or in connection with conferences or other activities undertaken by the program, represent solely the views of the individuals offering the opinions and not the program itself. Election Law at Moritz institutionally does not represent any clients or participate in any litigation. Individuals affiliated with the program may in their own personal capacity participate in campaign or election activity, or engage in pro bono representation of clients other than partisan candidates or organizations.