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This single sentence from a federal court's ruling exposes the dark right-wing view of voting

October 19, 2020 in Blogs

By Cody Fenwick

Three judges on the Fifth Circuit Court of Appeals on Monday stayed an injunction by a lower district court that sought to protect the voting rights of Texans voting by mail.

The majority decision, written by Judge Jerry E. Smith, blocked the lower court’s orders to Texas Secretary of State Ruth Hughs that would have required officials to notify Texans whose mail ballots were rejected because of an apparent signature mismatch and give them an opportunity to address the issue. Under current law, election officials can reject a mail ballot if they determine that the signature does not match the voter’s signature on file; officials must notify the voter of the rejection within 10 days. But even then, the voter may not be given an opportunity to fix the problem.

As the result of an ongoing lawsuit, the U.S. District Court for the Western District of Texas ordered Hughs to adopt procedures that would allow voters to address a signature mismatch, or to stop rejecting ballots based on signature issues altogether. Judge Orlando Garcia said the existing policy “plainly violates certain voters’ constitutional rights.” But the Fifth Circuit rejected this injunction, saying Hughs should follow the law as written — rejecting ballots without necessarily giving voters any due process.

In a remarkable sentence encapsulating the emerging right-wing view of voting rights, the decision explained:

Because Texas’s strong interest in safeguarding the integrity of its elections from voter fraud far outweighs any burden the state’s voting procedures place on the right to vote, we stay the injunction pending appeal.

While this may sound like dry legalese, it’s a dramatically bold and unambiguously dangerous idea. The court’s claim is that “any burden” on the right to vote can be justified if it is meant to restrict the opportunity for voter fraud.

This notion sounds like a farcical caricature of Republicans’ views on voting, but it’s an actual statement from right-wing judges defending a right-wing administration. It falls apart under even the mildest scrutiny though. While preventing voter fraud is surely a legitimate interest of the state, there must be some reasonable limits on how far the government can go in trying to prevent it. Is it reasonable to, say, create so many obstacles to voting that 10,000 fewer ballots will be cast in an election if doing so will also stop a handful of fraudulent ballots?

The answer should obviously be “no.” The …read more

Source: ALTERNET

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