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Reply #90: No, you are wrong on this... [View All]

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Melinda Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Sep-15-03 01:17 PM
Response to Reply #82
90. No, you are wrong on this...
Look at Bush v. Gore again.

From the opinion:

Plaintiffs argue that the use of defective voting systems creates a substantial risk that votes will not be counted. In addition, they claim that the use of defective voting systems in some counties and the employment of far more accurate voting systems in other counties denies equal protection of the laws by impermissibly diluting voting strength of the voters in counties using defective voting systems. In
short, the weight given to votes in non-punchcard counties is greater than the weight given to votes in punchcard counties because a higher proportion of the votes from punchcard counties are thrown out. Thus, the effect of using punchcard voting systems in some, but not all, counties, is to discriminate on the basis of geographic residence.

This is a classic voting rights equal protection claim. As the Supreme Court explained in Bush, “‘the right of suffrage can be denied by a debasement or dilution of the weight of a citizen’s vote just as effectively as by wholly prohibiting the free exercise of the franchise.’” 531 U.S. at 105 (quoting Reynolds, 377 U.S. at
555).
Further, the “‘idea that one group can be granted greater voting strength than another is hostile to the one man, one vote basis of our representative government.’” Id. at 107 (quoting Moore v. Ogilvie, 394 U.S. 814, 819 (1969)). As the Court stated much earlier in Wesberry v. Sanders, 376 U.S. 1, 8 (1964), “To say that a vote is worth more in one district than in another would . . . run
counter to our fundamental ideas of democratic government . . . .”
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