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Does a mere voter have "standing" to sue re: vote fraud?

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scottxyz Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Nov-23-04 06:49 PM
Original message
Does a mere voter have "standing" to sue re: vote fraud?
Like under the 14th Amendment or something (Equal Protection) - can't a bunch of voters file a class-action suit saying they want PROOF their vote was counted?
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Junkdrawer Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Nov-23-04 06:58 PM
Response to Original message
1. Ashcroft filed a preemptive suit claiming only HE had the right...
Edited on Tue Nov-23-04 07:07 PM by Junkdrawer
to file suit under the new HAVA laws. Civil rights attorneys went nuts claiming this flew in the face of 50 yrs of precedent. I'll look for a link.
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Junkdrawer Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Nov-23-04 07:01 PM
Response to Reply #1
4. Here's the Truthout article (via the LA Times)...
Bush Seeks Limit to Suits Over Voting Rights
By David G. Savage and Richard B. Schmitt
The Los Angeles Times

Friday 29 October 2004

Administration lawyers argue that only the Justice Department, not the voters, may sue to enforce provisions in the Help America Vote Act.
Washington - Bush administration lawyers argued in three closely contested states last week that only the Justice Department, and not voters themselves, may sue to enforce the voting rights set out in the Help America Vote Act, which was passed in the aftermath of the disputed 2000 election.

Veteran voting-rights lawyers expressed surprise at the government's action, saying that closing the courthouse door to aspiring voters would reverse decades of precedent.

Since the civil rights era of the 1960s, individuals have gone to federal court to enforce their right to vote, often with the support of groups such as the NAACP, the AFL-CIO, the League of Women Voters or the state parties. And until now, the Justice Department and the Supreme Court had taken the view that individual voters could sue to enforce federal election law

.....

http://www.truthout.org/docs_04/103004U.shtml
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geo Donating Member (879 posts) Send PM | Profile | Ignore Tue Nov-23-04 07:53 PM
Response to Reply #4
5. That is so sad...
Hi all,

John Ashcroft used to be one of us, and used to be a major champion of civil rights... then came the Patriot Act, Patriot Act II (being passed in tidbits, or right after the next "terror" attack), and now I read this.

I know he was voted out in favor of a deceased individual, but why the passive aggressive revenge streak? This is a lesser entertaining version of watching Anakin become Vader. And much more distrubing because it is way too real.

I hope you all don't mind the somewhat reflective mini-rant, but I'm just shocked more people don't see how he really just flipped over the last few years.

And they call Kerry a flip-flopper... wow.

Warmly,

George
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pacalo Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Nov-24-04 01:47 AM
Response to Reply #5
6. Welcome to DU, geo! :)
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YellowDoginthehouse Donating Member (406 posts) Send PM | Profile | Ignore Tue Nov-23-04 06:59 PM
Response to Original message
2. Yes, that's how CASE is filing....
check out:

www.caseohio.org
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noamnety Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Nov-23-04 07:00 PM
Response to Original message
3. The Ohio folks were looking for volunteer plaintiffs
for their class action lawsuit. So I would say yes.
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demobabe Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Nov-24-04 03:58 AM
Response to Original message
7. Good questions...
Trouble is, you don't have a Constitutional right to vote, let alone have a Constitutional right to have your vote counted. Some states have added this to their own Constitutions - so it might be possible for civil suits in individual states. PROVING disenfranchisement/vote fraud on the other hand - good luck there.
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JD Lau Donating Member (209 posts) Send PM | Profile | Ignore Wed Nov-24-04 07:28 AM
Response to Reply #7
8. Kick.
I think this needs to be brought up more and discussed.
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