[EL] Lead Penn Voter ID Plaintiff gets her ID
Justin Levitt
levittj at lls.edu
Fri Aug 17 08:31:35 PDT 2012
One more conceptual note about /l'affaire /Applewhite:
I'm all for uniformity in the rules ... but it's worth questioning the
value of uniformity in the sanctions/consequences if those rules aren't
followed. Strict application of any sort of uniform rule will
inevitably fail to ensure that all eligible voters, and only eligible
voters, can cast a valid vote. That's mostly because we humans are
quite expert at failing to anticipate every possible circumstance in
setting down initial rules.
Applewhite's example illustrates the concept. The law required certain
documents to get a state-issued ID, and she didn't have them. The
default consequence is that she couldn't get an ID. But given the
material she _did_ have, no reasonable person could have thought that
she wasn't who she said she was. And so, despite the fact that she
didn't comply with the uniform law, her failure to comply with the rule
was forgiven.
I've recently argued for a materiality principle
<http://ssrn.com/abstract=1477663> precisely like the one that looks
like it was applied to Applewhite, which I argue ought to be applicable
to mistakes and lapses by officials and voters alike, in all kinds of
election rules. It's similar in some ways to Rick's Democracy Canon
<http://ssrn.com/abstract=1344476>, but I think more grounded and more
capable of (heh) uniform application ... and a principle for all
decisionmakers, not just courts. And some federal law (the Civil Rights
Act of 1964) and some state laws already incorporate the principle ...
though not for circumstances quite like Applewhite's.
Justin
On 8/17/2012 7:24 AM, Rick Hasen wrote:
> Joe,
> You may not know this, but I actually favor a national voter
> identification card (with optional thumbprint---you can't leave your
> thumb at home), coupled with free and universal voter registration
> conducted by the federal government through an independent agency.
> When someone turns 18, graduates or drops out of college, they get a
> unique voter number which follows them when they move so that they do
> not need to do more to update registration than submit a change of
> address to the post office.
> This is an area where the more uniformity in the rules for running
> elections, and the less discretion in the hands of local election
> officials (who often lack adequate resources or training), the better.
> The goal should be to ensure that all eligible voters, and only
> eligible voters, can cast a vote which will be accurately counted.
>
> Rick
>
> On 8/17/12 7:20 AM, Joe La Rue wrote:
>> I agree, Rick, with your hope that the State sets appropriate
>> guidelines to aid this process. Although you and I disagree as to
>> whether there ought to be voter photo ID laws, we are in complete
>> agreement that ALL eligible Americans should be allowed to vote.
>> Joe
>> ___________________
>> *Joseph E. La Rue*
>> cell: 480.272.2715
>> email: joseph.e.larue at gmail.com <mailto:joseph.e.larue at gmail.com>
>>
>>
>> CONFIDENTIALITY NOTICE: This e-mail message, including any
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>>
>>
>>
>> On Fri, Aug 17, 2012 at 7:17 AM, Rick Hasen <rhasen at law.uci.edu
>> <mailto:rhasen at law.uci.edu>> wrote:
>>
>> I hope that the state has set forth uniform rules for how to take
>> age and other factors into consideration. One thing studies have
>> demonstrated is that there is not uniformity in local election
>> administration, when local election officials are given
>> discretion over how to administer the rules.
>>
>>
>>
>> On 8/17/12 7:15 AM, Joe La Rue wrote:
>>> Interesting development in the Penn Voter ID case:the lead
>>> plaintiff, who said she wouldn't be allowed to get an ID, just
>>> got one
>>> <http://mobile.philly.com/news/?wss=/philly/news/breaking/&id=166490216&viewAll=y>.
>>>
>>>
>>> /The day after a judge upheld Pennsylvania's new voter
>>> identification law, the lead plaintiff in the suit seeking
>>> to block the law went to a PennDot office and was issued the
>>> photo ID card she needs to vote./
>>>
>>> /Nothing has changed since Viviette Applewhite, 93,
>>> testified in July. The law stands. She still doesn't have a
>>> driver's license or Social Security card. The name on her
>>> birth certificate is still different from the name on her
>>> other documents - all of which, under the law, should have
>>> barred her from getting her photo ID./
>>>
>>> /But at precisely 1:16 p.m. Thursday, she got it anyway./
>>>
>>> The State did just what has been saying it would do: it took
>>> "age and other factors into consideration" and got this lady her
>>> ID so she could vote. I wonder if the other plaintiffs might be
>>> able to do the same thing?
>>> Joe
>>> ___________________
>>> *Joseph E. La Rue*
>>> cell: 480.272.2715 <tel:480.272.2715>
>>> email: joseph.e.larue at gmail.com <mailto:joseph.e.larue at gmail.com>
>>>
>>>
>>> CONFIDENTIALITY NOTICE: This e-mail message, including any
>>> attachments, is for the sole use of the intended recipient(s)
>>> and may contain confidential and privileged information or
>>> otherwise be protected by law. Any unauthorized review, use,
>>> disclosure or distribution is prohibited. If you are not the
>>> intended recipient, please contact the sender by reply e-mail
>>> and destroy all copies of the original message.
>>>
>>>
>>>
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>>
>> --
>> Rick Hasen
>> Chancellor's Professor of Law and Political Science
>> UC Irvine School of Law
>> 401 E. Peltason Dr., Suite 1000
>> Irvine, CA 92697-8000
>> 949.824.3072 <tel:949.824.3072> - office
>> 949.824.0495 <tel:949.824.0495> - fax
>> rhasen at law.uci.edu <mailto:rhasen at law.uci.edu>
>> http://law.uci.edu/faculty/page1_r_hasen.html
>> http://electionlawblog.org
>> Now available: /The Voting Wars/: http://amzn.to/y22ZTv
>>
>>
>
> --
> Rick Hasen
> Chancellor's Professor of Law and Political Science
> UC Irvine School of Law
> 401 E. Peltason Dr., Suite 1000
> Irvine, CA 92697-8000
> 949.824.3072 - office
> 949.824.0495 - fax
> rhasen at law.uci.edu
> http://law.uci.edu/faculty/page1_r_hasen.html
> http://electionlawblog.org
> Now available: /The Voting Wars/: http://amzn.to/y22ZTv
>
>
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--
Justin Levitt
Associate Professor of Law
Loyola Law School | Los Angeles
919 Albany St.
Los Angeles, CA 90015
213-736-7417
justin.levitt at lls.edu
ssrn.com/author=698321
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