[EL] could tougher voting laws squelch the youth vote

John Tanner john.k.tanner at gmail.com
Sun Aug 5 04:20:08 PDT 2012


the first case I ever worked on (as a paralegal) was US v Waller County, TX
(home fo Praire View A&M) under section 301 of the voting act, which
authorizes the Attorney General to enforce the 26th amendment.   I believe
that the statute requires a showing of intentional discrimination (biy not
a textual prohibition), which certainly was present in Waller County - and
returns from time to time

On Sun, Aug 5, 2012 at 1:44 AM, Robbin Stewart <gtbear at gmail.com> wrote:

> Have there ever been any cases on the 26th Amendment? (right of 18 year
> olds to vote.)
>
> I can't think of any offhand. I'm wondering what the standard of review
> would be. I'm thinking of situations where there's an argument some
> procedure infringes on the voting rights of 18-21 year olds,  short of an
> absolute ban. For example a rule that blocked college students from voting
> from their dorm addresses might raise a claim (setting aside that this
> issue can be addressed as a due process or equal protection claim.) Another
> example might be in Indiana where those over 65 can vote absentee without
> cause, but 18-21 year olds cannot (and thus are disparately impacted by
> voter ID rules.)
>
> This is a hypothetical question; I don't know any 18-21 year old voters in
> this position. Such a case might win a footnote in some future edition of
> an election law casebook. I really have no idea how a court would approach
> it; perhaps they would require overt intent to discriminate; perhaps they
> would only address cases that specifically textually single out the 18-21
> group. I'm not sure the supreme court would find this question certworthy.
> I invite speculation.
>
>>  “Could tougher voting laws squelch the youth vote?”<http://electionlawblog.org/?p=38079>
>> Posted on August 4, 2012 10:57 am <http://electionlawblog.org/?p=38079>
>> by Rick Hasen <http://electionlawblog.org/?author=3>
>>
>> AP<http://electionlawblog.org/Could%20tougher%20voting%20laws%20squelch%20the%20youth%20vote?%20%20Read%20more:%20http://www.sfgate.com/news/article/Could-tougher-voting-laws-squelch-the-youth-vote-3762386.php#ixzz22bLGD7B9>:
>> “Gone are the days when young voters weren’t taken seriously. In 2008, they
>> helped propel Barack Obama<http://www.sfgate.com/?controllerName=search&action=search&channel=news&search=1&inlineLink=1&query=%22Barack+Obama%22>into the Oval
>> Office<http://www.sfgate.com/?controllerName=search&action=search&channel=news&search=1&inlineLink=1&query=%22Oval+Office%22>,
>> supporting him by a 2-1 margin. But that higher profile also has landed
>> them in the middle of the debate over some state laws that regulate voter
>> registration and how people identify themselves at the polls. Since the
>> last election, Pennsylvania, Kansas, Wisconsin and Texas and other states
>> have tried to limit or ban the use of student IDs as voter identification.
>> In Florida, lawmakers tried to limit “third party” organizations, including
>> student groups, from registering new voters.”
>>
>> More:
>>
>> The U.S. Supreme Court has sided with students on this issue and their
>> ability to vote where they attend school, even when they’ve come from
>> another state.
>>
>> “So students should be registering in the communities that they feel are
>> home — whether that’s their parents’ home or their apartment or their dorm
>> room,” says Lee Rowland, counsel for the Democracy Program at the Brennan
>> Center for Justice, a nonpartisan legal think tank in New York. “It is a
>> constitutional right to vote.”
>>
>> To help them understand that right, she says the Brennan Center created
>> an online guide for students with pages that detail voting rules and
>> requirements in each state — http://bit.ly/Pl1pbE
>>
>>
>>
>>   “Survey cites difficulties getting Pa. voter ID”<http://electionlawblog.org/?p=38076>
>>  “The Essential Facts of Pennsylvania’s Voter ID Trial”<http://electionlawblog.org/?p=38016>
>>
>
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