ABA Journal


The Modern Law Library

Voter Fraud v. Voter Suppression: Author Explains That Neither Is Quite What We Think

Oct 22, 2012, 05:00 pm CDT


Voting fraud is as real as rain.

By Yankee on 2012 10 24, 7:03 pm CDT

Interesting article about a tape that has surfaced of Congressman Jim Moran’s son caught on tape teaching vote fraud techniques:

By Yankee on 2012 10 24, 8:00 pm CDT

The Americans with Disabilities Act can be quite useful to those qualified disabled Americans that find themselves waiting in long lines possibly outside in hot or cold stormy weather in order to cast their vote on election day this November. Under the U.S. Supreme Court decision in Tennessee v. Lane, the judicial system (and by implication) state voting polls are obligated to provide reasonable accommodations to “would be” qualified disabled Americans.

A shorter line and/or assistance in voting would be a reasonable accommodation to the disabled. Having a note from ones doctor, and making a call to the proper authorities in advance of voting, may help an individual at the polls obtain reasonable accommodations to vote, and help avoid having to use a provisional ballot, if one is denied their fundamental right to vote because they were unable to wait in a long line in bad weather, or could not physically enter the polling place or use new voting equipment without assistance.

The ABA and state bar associations should make the above known to as many lawyers and disabled Americans as soon as possible.

By Neal Taslitz, Esq. on 2012 10 26, 8:55 am CDT

We also have a constitutional amendment on the ballot with persuasive language to help those who won’t read the whole thing before voting… so they will know how the governor, Lt. gov, and Speaker think they should vote.  That is why I’ve been campaigning about the true underbelly of it.  An amendment to establish of more politically-appointed positions to oversee something they are in favor of… which has historically and successfully ignored state and federal regulation to the point where parents of disabled kids are losing rights.  Charter schools have found away around the ADA, IDEA, and state regs.  Now if it is an amendment, some attorneys will be dancing in the isle, and leaping over pews.  This is all to the detriment of children.  They should be ashamed.

By HelicopterMom on 2012 10 26, 11:20 am CDT

Oh.. forgot to mention that is in the fine state of GA.

By HelicopterMom on 2012 10 26, 11:22 am CDT

Meanwhile, electronic voting machines with no standardized or advanced security systems, owned by political bundlers, providing no paper trail to allow results to be checked, are becoming ubiquitous as their manufacturers buy themselves into the process.

Please vote for rational people at the state level, and then tell them that election integrity should be the highest priority. Higher than feeding the poor, taxing the rich, “creating” jobs, or dismantling health care.

By Voice of Reason on 2012 10 26, 2:30 pm CDT

@ Yankee.

Voter fraud is a non issue in this country. It doesn’t affect elections and it happens with so little numbers, they wouldn’t affect the local dog catcher election. Voter suppression has far larger ramifications, as does the whole move to unverified and no paper trail electronic voting.

By Wouldn't you like to know on 2012 10 26, 3:22 pm CDT

What do we do about dead men voting?  We now know it happens.  Big news earlier this month when a hospitalized 90 year old veteran cast his ballot from his bed.  He has now died.  Since he died before the election, is his ballot now disqualified?  Of course, how would we know, since ballots are supposed to be anonymous.  I would argue that the ballot becomes invalid upon death, and that is not a political statement, as I do not know which way he voted.

By JME on 2012 10 26, 7:26 pm CDT

Amen Amen

By Tom Youngjohn on 2012 10 26, 11:54 pm CDT

Yeah, we can tell that voter fraud is a non-issue. Bush-Gore lets us know that a few votes here and there are meaningless. Of course, I’m in Texas where we have some experience with that non-issue, oh, say, with Landslide Lyndon and the Duke of Duval. You know, dead guys voting and that sort of thing.

By George Renneberg on 2012 10 27, 12:33 am CDT

If you actually listent to Mr. Hasen his point is that most election fraud is perpetrated through absentee ballots or by election officials and that it rarely occurs.  Voter id laws don’t solve that problem.  There is a basis to believe that voter id laws are designed to suppress the votes of legitimate voters who tend to vote democratic.  Example my mother in law in her 80’s has never driven and has never had a driver’s license, obviously she’s not going to have a driver’s license.  On the other hand, the suppression is not as great as Democrats imagine.  It does matter in close races such as Florida in 2000. There is a general belief that something like 1,500-2,000 people were wrongfully excluded from voting as felons when they were not but simply had a similar name to someone who was.  Let;s face it if you have a common name, some crook probably shares it with you.  In any event, both sides use the issue for partisan advantage.

By George Sly on 2012 10 28, 6:35 pm CDT

In response to Mr. Sly’s comment ( see # 11 above), I neglected to advise readers that I reside in Palm Beach County, Florida. I have visited the local library where early voting began yesterday, and found out from the local authorities that the line to vote was averaging three hours. Today it was averaging around 90 minutes, and many people in line were disabled..

Considering the large senior population and the fact that many seniors are disabled and require walkers and wheel chairs to wait, authorities need to be vigilent in letting disabled voters avoid long lines outside by establishing a special line for them, in order to make their efforts possible and less problematic.

Many people with heart conditions or blood clots cannot stand or wait in line for 90 minutes without a serious risk to their health. The Americans with Disabilities Act mandates that states provide reasonalbe and effective accommodations, which is not being done in many areas of Florida.

Considering that there are over 40 million disabled adults in the U.S. and most likely over a million in Florida alone, the issue is much more important than most people realize.

By Neal Taslitz, Esq. on 2012 10 29, 12:47 am CDT

The only real Question is how the potential fraudulent voter is going to vote. 

If we think that the questionable voter is likely voting for our candidate then we outraged that anybody would even think to question the voter. 

If we think the questionable voter is going to vote for the other candidate, we want a signature, picture identification issued by a government agency, proof of residency, a thumbprint, a retinal scan, and DNA sample.

By Charles Victor Szasz on 2012 10 29, 9:13 pm CDT

Add a Comment

We welcome your comments, but please adhere to our comment policy.

Commenting is not available in this channel entry.