Free and Fair
If one is concerned about whether the rules might determine the outcome, and do so by depriving eligible voters of an adequate opportunity to cast a ballot that counts, then one should keep an especially close eye on two pending cases: Florida v. United States and SEIU v. Husted.
Yesterday was a big day in what Rick Hasen has aptly called The Voting Wars. There were three major developments. This post analyzes all three, one of which is summarized elsewhere on our website. The upshot is concern for how fluid the situation remains concerning the rules to be applied to voting this year, but cautious hope that the litigation process will end up providing enough clarity and consistency to avoid problems that cannot be fixed fairly after ballots are cast.
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