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Legal Commentary

: TalkLeft

In 2004, DOJ Precleared MI Internet Voting

By Big Tent Democrat

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By Big Tent Democrat

A Marc Ambinder reader who purports (I do not question this, I simply can not confirm it) to be a former attorney in the DOJ Voting Rights Section says:

I was the DOJ attorney who discussed [allowing Internet voting] with the Michigan Democratic Party, reviewed the party's submission to DOJ, and recommended preclearance. DOJ approved the change and the state party's Internet voting in the 2004 primary election proceeded.

The do-over elections being discussed for Michigan and Florida would similarly be "changes affecting voting" since they would be new elections held on previously unscheduled election dates. Under Section 5 of the Voting Rights Act, these changes must be precleared by DOJ . . .

(Emphasis supplied.) More . . .

I had forgotten about Internet voting in Michigan in 2004. Folks will please excuse me when I opine that DOJ approval of mail-in voting is NOT an issue. And, can be handled with a great deal of expedition if it requires DOJ review. Consider this memo from the Texas Secretary of State.

The Attorney General of the U.S. Department of Justice has 60 days in which to interpose an objection to a submitted change affecting voting. Therefore, if the county executive committee has not already reviewed actions since the last primary elections to see if any changes must be submitted for preclearance, this should be done as soon as possible. If changes need to be made at the last minute, the Justice Department may be able to give the submission expedited consideration.

(Emphasis supplied.) There is plenty of time for the DOJ, which approved INTERNET PRIMARY VOTING in Michigan, to approve the Florida Plan. But even if the approval process runs the 60 days, the revote can take place and become legally enforceable once the DOJ inevitably approves the revote. My gawd, they approved internet voting. How can they disapprove mail in voting?

Full post as published by TalkLeft on March 13, 2008 (boomark / email).

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