[EL] Check out New O'Keefe video: Obama campaign staffer caught helping activist v

[bzall at aol.com]

I tried to deal with the distinctions between these types of fraud in a brief supporting cert in Arizona v ITC, No. 12-71. http://sblog.s3.amazonaws.com/wp-content/uploads/2012/08/12-71-Amicus-AmericanUnityLDF.pdf 


Included in the brief, however, are some cites to points in Crawford when "sensible Democrats" were still saying that voter impersonation fraud "simply does not exist." See, e.g., pp. 3-4. Commendably, we have now moved to the point where everyone seems to agree that voter fraud, defined in some fashion, does exist, it's just that voter impersonation fraud is rare. How rare is up for debate, as is the effect of even the occasional fraud on the integrity of the election system. Crawford, Purcell. Legally, however, that question is pretty much foreclosed for photo ID at the polls by Crawford. Which leads to the conundrum that photo ID can be required for the less-likely fraud, but maybe not for the more-likely. 


But the battles go on in other areas. Compare the 9th and 5th Circuits' conflicting approaches on the requirements for voter registration, reflected in the supplemental briefings in ITC, which is being conferenced today, in fact as I write this. Must a state accept only a signature as evidence of citizenship, enforced only by the threat of a perjury prosecution? And who makes that decision: Congress or the EAC? We'll know what the Court wants to do on Monday. 


Barnaby Zall 

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Weinberg, Jacobs & Tolani, LLP 
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bzall at aol.com 
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-----Original Message-----
From: Lowenstein, Daniel <lowenstein at law.ucla.edu>
To: JBoppjr <JBoppjr at aol.com>; rhasen <rhasen at law.uci.edu>; law-election <law-election at uci.edu>
Sent: Fri, Oct 12, 2012 10:09 am
Subject: Re: [EL] Check out New O'Keefe video: Obama campaign staffer caught	helping activist v


       I think the more sensible Democrats have claimed there is no or virtually 
no voter fraud that can be avoided by a photo ID requirement, not that there is 
no significant voter fraud at all.  I very much agree with Rick and others who 
have said the biggest concern about voter fraud arises from the widespread use 
of voting by mail, which gives rise not only to potential fraud problems but, I 
believe, even worse problems of intimidation and bribery.  Indeed, the reporter 
in the video is representing to vote, fraudulently, in Florida by mail, not be 
impersonation.

             Best,

             Daniel H. Lowenstein
             Director, Center for the Liberal Arts and Free Institutions (CLAFI)
             UCLA Law School
             405 Hilgard
             Los Angeles, California 90095-1476
             310-825-5148




 

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