Free and Fair
A tentative thought, building on Rick Hasen\'s and Justin Levitt\'s analysis of how the equitable powers of the federal judiciary apply in the context of the new Texas voter ID ruling, in comparison to the recent equitably trilogy in SCOTUS (OH, NC & WI).
Main points: (1) Ohio’s elimination of Golden Week has some differences than NC’s elimination of same-day registration throughout all of early voting; and (2) NC’s reversion to a rule disqualifying out-of-precinct ballots has an outright disenfranchising effect lacking in Ohio’s case, but present in Wisconsin’s.
To disqualify absentee ballots already cast based on a judicial change in the applicable rules for counting those ballots violates a Due Process principle articulated in Griffin v. Burns, 570 F.2d 1065 (1st Cir. 1978), among other precedents.
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