[EL] Check out Albuquerque dog becomes registered voter | KOB.com

[BZall at aol.com]

I beg to differ with Ms. Judge, and point her to the Supreme Court on just  
that "draconian" question. 
 
BTW, I don't know why Albuquerque seems to attract these in particular; I  
don't think it has to do with proximity to Roswell (or, for that matter, to  
White Sands missile testing range). Last July we had a spirited exchange on 
this  mailing list about the findings of my brief highlighting that  area's 
issues in 2004: 
_http://moritzlaw.osu.edu/electionlaw/litigation/documents/Rokita-BriefamicuscuriaofAmUnity.pdf_ 
(http://moritzlaw.osu.edu/electionlaw/litigation/documents/Rokita-BriefamicuscuriaofAmUnity.pdf) .  The sainted 
Justin Levitt noted during the exchange that "So yes, the case for  
impersonation fraud at the polls is, from what I can tell, based in large part  on Mr. 
Zall's six incidents."
 
I want to stress that I have no particular bias against Albuquerque, or any 
 reason to think that voter fraud is particularly prevalent there. It just  
happens to be the origination of the one case I looked at in detail. I  
haven't revisited this issue or other places since.
 
Nevertheless, we can argue about whether these were actual fraud or  
mistakes, and whether there are other such incidents elsewhere, but if the issue  
here, as with Voter I.D. and possible suppression, is as much perception as  
reality -- “Confidence in the integrity of our electoral processes is 
essential  to the functioning of our participatory democracy. Voter fraud drives 
honest  citizens out of the democratic process and breeds distrust of our 
government.  Voters who fear their legitimate votes will be outweighed by 
fraudulent ones  will feel disenfranchised.” Purcell v Gonzalez, 127 S.Ct. 5,  7 
(2006) -- then the dog registration and other Albuquerque antics may be  
sufficient to justify reasonable state action to prevent fraud. At least, 
that's  what the current law holds. Crawford v Marion County, 128 S.Ct. 1610,  
1619 (2008). Even one incident is enough. Id., at n. 12. 
 
Barnaby Zall
Of Counsel
Weinberg, Jacobs & Tolani,  LLP
Please note our new address:
10411  Motor City Dr., Suite 500
Bethesda, MD 20817
301-231-6943 (direct dial)
_www.wjlaw.com_ (http://www.wj/) 
bzall at aol.com



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