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Author Message
25 new of 409 responses total.
gelinas
response 313 of 409: Mark Unseen   Dec 5 18:49 UTC 2000

Since folks don't seem to understand:  If you submit an incorrect,
incomplete or otherise invalid APPLICATION, you DON'T GET A BALLOT.
YOU do NOT get to vote.  Period.  End of discussion.  You missed the
election.  Just as if you slept through the whole day the polls were open.
You weren't there.

These incomplete, invalid APPLICATIONS were (apparently, allegedly,
to be determined as a fact in a trial court) IMPROPERLY AND ILLEGALLY
completed, THEREFORE the ballots they represent WERE NEVER CAST and
*should* be discarded.  Just as the ones with improper postmarks *should*
have been discarded.  (For all I know, my overseas ballot _was_ discarded.
But that was more than a decade ago, and in Michigan, not Florida.)
aaron
response 314 of 409: Mark Unseen   Dec 5 19:16 UTC 2000

carson, it is incorrect that voter fraud can only occur if multiple ballots
were returned. In fact, the 1998 case of absentee ballot fraud, which led to
the present language of the application statute, did not involve multiple
voting - it involved ballots being issued to ineligible voters.
carson
response 315 of 409: Mark Unseen   Dec 5 19:35 UTC 2000

(hmm.  I hadn't meant to exclude that possibility, but rather to say
the fraud would be in the ballot counting, not the ballot issuing.  you
are more correct than I.)

resp:313  (apparently not in some Florida counties, where the officials
          were completing incomplete absentee voter applications.  if
          that's what the judge rules, then more than the [15,000 by some
          reports] Martin County votes would be tossed.)
mdw
response 316 of 409: Mark Unseen   Dec 5 20:23 UTC 2000

This is sounding more and more convoluted, the more I hear.  Also, I had
thought this involved seminole county, not martin county - or are these
actually different cases with different things happening? In any event,
it will be interesting to hear what the judge(s) decide really happened,
and how the judges interpret whatever laws are involved.
rcurl
response 317 of 409: Mark Unseen   Dec 5 20:31 UTC 2000

The same things happened in both Seminole and Martin counties. They
are different cases, however. 
mcnally
response 318 of 409: Mark Unseen   Dec 5 20:48 UTC 2000

  Salon has an article this week alleging that the private contractor
  hired by the state of Florida to provide lists of felons ineligible
  to vote apparently returned a very high rate of false positives, so
  that in counties where the lists were accepted as valid, a substantial
  number of erroneously identified supposed felons were removed from
  voter lists and denied the vote when they reached the polls unless
  they were able to prove that they were not felons (and how, one may
  ask, are you supposed to do that?)  In other counties the lists were
  refused when their inaccuracies were noted, in one case because a
  county election official found her name on the list erroneously.
  Of course those counties have to deal with the hysterical but effective
  Republican spin campaign about "felons who are allowed to vote when
  absentee ballots from our men and women in uniform are rejected on a
  technicality.."

  Unfortunately the Salon piece tries to spin an unlikely conspiracy
  angle on the story by pointing out the company's owners' ties to the
  Republican party (news flash:  company's owners vote Republican..) but
  the real story, in my mind, is the by-now-too-familiar story of what
  happens when data mining companies are contracted to perform a task
  like this without proper safeguards on the process.
carson
response 319 of 409: Mark Unseen   Dec 6 00:24 UTC 2000

(actually, the confusion stems from *similar* incidents in Seminole
and Martin counties.  the reference I posted discusses the Martin
County case.  I can't speak to the details of what happened in
Seminole County.)
gelinas
response 320 of 409: Mark Unseen   Dec 6 02:26 UTC 2000

Re the 2nd par of #315: that's why 313 says, "apparently, allegedly, to be
determined as a fact in a trial court." ;)
polygon
response 321 of 409: Mark Unseen   Dec 6 03:26 UTC 2000

The right answer to do it Michigan's way, and allow all resident U.S. 
citizens of the appropriate age to vote, regardless of their prior sins. 
Or at a minimum, there ought to be a reasonable time limit of no more than
ten years.  It's ludicrous that there are 65 year olds who aren't allowed
to vote because they were in trouble at age 18.
rcurl
response 322 of 409: Mark Unseen   Dec 6 06:28 UTC 2000

It's the Republican way.
gelinas
response 323 of 409: Mark Unseen   Dec 6 06:47 UTC 2000

I'm catching arguments in the Seminole County case on C-SPAN right now.
The canvassing board's attorney, Greg McNeil, has pointed out that if
these voters had not gotten an absentee ballot, they *probably* would
have either checked up on it and so gotten one OR would have shown up
at the polls and voted in person.
aaron
response 324 of 409: Mark Unseen   Dec 6 13:28 UTC 2000

So what, then, was the harm in letting them chedk up on it, or letting them
vote in person? Why circumvent the legal process?
gelinas
response 325 of 409: Mark Unseen   Dec 6 17:43 UTC 2000

In the closing minutes of the pre-trial hearing (which is what I happened
across), the judge asked the plaintiff's attorney about what difference
this action would make: was it clear in the paperwork that throwing out
the ballots would change the result?  The attorney (whose name I didn't
bother noting) cited a few paragraphs that he thought made the point that
it would change the outcome and then said that if they weren't enough he'd
move to add "the magic words" now.

The plaintiffs survived the motion for dismissal; the case will go on to
trial.

From this exchange, it seems pretty clear that if the result of having
let/forced the voters to either follow up or vote in person would still be
a convincing vote for Governor Bush, then it would seem no harm occurred,
therefore this case will fail and the ballots will stand.  We'll see.

Should the applications have been refused and no ballots issued based
on them?  I think so.  Would refusing to issue ballots have made a
difference in the outcome of the election?  I don't know.
mdw
response 326 of 409: Mark Unseen   Dec 6 21:06 UTC 2000

From the numbers I've heard bandied about, my impression is that
throwing those ballots out is very likely to flip the results of the
election.  I believe I've heard "1500" and "60% republican" - those
particular numbers would drop Bush by 600 votes, which would put him
behind by 70 votes.  That may have been just one county, so if the
results are thrown out in both counties, there might be a larger shift.
Of course, this makes the hand-count court decisions even more
important, because if Bush succeeds in throwing out the hand counts and
going back to his original 930 count lead, losing 600 votes to absentee
ballots won't make the same difference.

Re #323, that word "*probably" is real interesting.  An amazing # of
people, including very probably many people who vote by absentee ballot,
work on the principle of "least hassle".  Grex picked up 25 members when
it was "less hassle" to become a member by credit card.  I'd bet a
significant # of those people didn't remember their election ID #, and
I'd also bet a significant number, either through forgetting that # or
for whatever reason, would not have bothered with the extra hassle
required to vote properly.

But, at this point, whether it would "*probably" have made a difference
or not doesn't matter.  Those 3,000 people who voted for Buchanan, or
19,000 who voted for both Gore and Buchanan, would likely not have made
that choice if it were available to them.  The as many as 1 in 3 people
who tried to vote in some precincts and were rejected because they
weren't on the rolls (apparently because they were thought to be felons)
would likely also have voted if the hassle of proving they weren't a
felon and were entitled to vote weren't so completely insurmountable.
The courts obviously weren't interested in what these other groups
"probably" would have done had they the opportunity, so I'm not at all
sure why they should be any more interested in this case.

I believe the interesting thing in this case is that it appears there
was in fact fradulent intent.  It's hard to argue the democrat who
designed the butterfly ballot intended her candidate to lose; it's a lot
easier to argue the republicans who acted to fix their own ballots while
opposing efforts to fix democratic ballots were in fact acting unfairly
and that the courts should act to correct this unfairness.  (Ok, ballot
applications, or whatever it was.)

Do you suppose when all the dust settles, that whomever ends up being
president might end up with a single digit lead over the loser?
mcnally
response 327 of 409: Mark Unseen   Dec 6 22:34 UTC 2000

  >Do you suppose when all the dust settles..  single digit lead..

  No, I don't, because I don't think that the two sides will ever
  agree on a count -- I think both sides will favor whatever interpretations
  and whatever rules (no hand recounts?  count dimpled chad?) favor their
  position.
mdw
response 328 of 409: Mark Unseen   Dec 6 22:45 UTC 2000

At this point, it looks very likely the courts will end up being the
ones that recognize some particular count as being "The" count.  The two
parties may indulge in necrophilia after that, but I'd be very surprised
to see the courts at all interested in interferring with the actual
electoral college once it starts.  So yes, I expect that for practical
purposes, the dust will settle.
klg
response 329 of 409: Mark Unseen   Dec 7 01:08 UTC 2000

You are neglecting to note that the Democratic Party also distributed
absent voter ballot applications.  And the Democratic Party inserted
the voter ID # on those applications.  And the Democratic Party's
absent voter ballot applications, UNLIKE the Republican's appli-
cations were addressed to a Democratic Party office (where who-knows-
what mischief could have occurred) before they were delivered to the
county elections office. This sounds to me like an extreme case of
the pot calling the kettle black.
mdw
response 330 of 409: Mark Unseen   Dec 7 01:24 UTC 2000

Really?  And just how does that qualify under the law as "fraud"?
gelinas
response 331 of 409: Mark Unseen   Dec 7 03:32 UTC 2000

The number I heard was 1500 contaminated applications.  Since the ballots
belonging to those applications, the suit asks that *all* absentee ballots
in the affected county be discarded.  Two-thirds of _that_ number wipes out
Governor Bush's lead completely, since Vice-President Gore does not lose as
many votes.
bdh3
response 332 of 409: Mark Unseen   Dec 7 04:46 UTC 2000

There is also a relevent federal thingy that prohibits preventing any
person from being able to vote because of a defect in any paperwork. 
Thus the corrected defects (ID#'s) should be upheld by federal law. 
Also a seem to recall an even more rediculous florida case where
although elections officials were chastized in a ruling, the ballots
still were held as valid.

Incidently, the previous florida supremes case pushing back the deadline
for certification relies on affidavit that the DNC lawyer knew was wrong
- a citation of Illinois case was presented even though an ammended
affidavit was presented correcting a mistatement that was used as a
basis. Seems the DNC lawyer lied, what a surprise.  (Chicago Tribune) 
gelinas
response 333 of 409: Mark Unseen   Dec 7 05:00 UTC 2000

I see that I dropped part of a sentence.  #331 should read, in part:

     Since the ballots belonging to those applications cannot be
     identified, the suit asks that *all* absentee ballots in the
     affected county be discarded.
mdw
response 334 of 409: Mark Unseen   Dec 7 06:10 UTC 2000

I think it would be nothing less than astounding if all the paperwork in
all these court cases were right - there's an awful lot of them, there's
a pretty big time crunch, & even if "the lawyer knew" that doesn't mean
the law clerk who actually wrote the text knew.

I'm pretty sure I've heard of past election court cases where the courts
*were* willing to discard a significant # of ballots under certain
circumstances.  I don't know what the federal thingy is, but it
obviously didn't help the "1 in 3" people who weren't on the rolls, so
there are clearly some pretty serious limits in that "thingy".  How the
"thingy" interacts with whatever the judges decide happened is clearly
going to be interesting.
johnnie
response 335 of 409: Mark Unseen   Dec 7 16:05 UTC 2000

And it gets more interesting than that.  The (Republican) Florida 
legislature has called a special session to name their own electors.  
Their bunch would effectively override whatever the outcome of the 
various court cases, as I understand it.  Bush will likely end up the 
President no matter how successful Gore is in court(s).
johnnie
response 336 of 409: Mark Unseen   Dec 7 17:11 UTC 2000

That's a little sparse, let me elaborate:  If the courts don't come to a 
definitive answer (and get all necessary votes recounted) by, say, 
Monday (hah!), the Florida legislature will go ahead and appoint their 
own chosen slate of Bush electors "just in case".  Eventually (early 
January, I think) it comes time for the US Congress to approve the work 
of the nation's electors.  If, at that point, Gore has won his court 
cases and is declared the winner, then Congress has to choose between 
the Gore electors and the Florida-legislature-appointed Gore electors 
(and we all know how that will turn out).  

That's the simplified version.  It actually gets trickier in that the 
House is controlled by the Republicans, of course, but the Senate is 
50-50, with Al Gore getting the tie-breaking vote (all this is done by 
the newly elected congress, not the current one).  And there's something 
about how Jeb Bush could refuse to obey a court order to certify Gore 
the winner in Florida, thereby invalidating the Gore slate of electors. 
Or something.  It will certainly be interesting to watch.
mcnally
response 337 of 409: Mark Unseen   Dec 7 21:15 UTC 2000

presumably you meant to say "the Florida-legislature-appointed Bush electors"
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