Thursday, October 23, 2008

Election "fraud" fog in Nashville

Mark at "Dork Nation" (Republicans Allege Vote Fraud in Nashville) is sifting through a report (here) of a report about a recent dust up at a Davidson County early voting site (via A.C. Kleinheider). It should go without saying that the organic, real time, unedited, entertainment-focused medium of talk radio is a messy venue for sorting out the facts in such a situation, but here goes . . .

Actually, the problem (based on my conversations with Election Commission insiders) was that a person (an interpreter) was claiming authority to accompany voters into the polling booth to assist them with voting . . . that's not legal, unless the Officer of Elections concludes the voter is unable to vote without assistance and unless the voter requests that the person accompanying him/her be allowed to assist him/her. And the law only contemplates illiterate or some other physical disability, but I guess illiteracy can reasonably be construed to include persons "illiterate in English." T. C. A. § 2-7-116. That's a debate for another day.

Also, though Mark (and ACK) imply that the statute summarily dispenses with claims that ID is required to cast a ballot, completing an affidavit of identity (in lieu of proper ID) is only one step in the process of determining if the person can vote. The code further requires that the information on the affidavit be compared with the information on file (his/her signature and other info collected when a person registers). If everything is perceived to be on the up and up, they're given a normal ballot; if not, they're allowed to vote with a provisional ballot. T. C. A. § 2-7-112

But something that needs to be pointed out in this whole debate is that one means of undermining ballot integrity is by flooding a polling place with potential voters who require special treatment. Given the histrionics about voter suppression and other forms of "disenfranchisement," poll workers are often motivated to give the demanding party (e.g., the ACORN or La Raza rep. or the friendly ACLU lawyer-on-loan) whatever they demand rather than wait for confirmation from Election Comm. HQ or rather than go through all the steps that are required for determining the person's eligibility to vote. One clever trick I've heard of (I think in PA in 2006) is to swamp a polling place (which invariably has a limited number of provisional ballots) with "ineligible" voters who ultimately are allowed to cast normal, untraceable ballots rather than be turned away because of a shortage of provisional ballots.

Complicated and rife with technicalities, you say? No doubt; but it is difficult to conduct a fair ballot (actually, it is almost impossible, especially if you expect it to be simple and easy) when determined persons have concluded that the end of winning an election justifies even immoral means.

5 comments:

dorknation said...

I imply no such thing. I read AC's link and thought that's what he thought. I point out that there is an alternative if you do not have ID on your person, and that there was no reason to prevent these people from voting.

nedwilliams said...

I had not read AC's original post on the matter (I only saw his link to your post), and that might have affected how I read your post.

That being said, upon reading your post, you flatly said, "Even if they did not [have ID] they can still vote" and "they may still vote." Absent any qualifiers on your assertion, it seems you were implying that it was an open and shut case on whether people without ID may vote and cast a normal ballot.

But I'm glad to know that is not what you intended.

And to be clear, there may still have been a "reason to prevent these people from voting" . . .

Thanks for stopping by to clarify your remarks, Mark.

dorknation said...

Nice try ned, but I referenced the same subsection re: provisional ballots that you did.

dorknation said...

you must not have read the entire original post

nedwilliams said...

Yes, I see that now, and I apologize for missing your inclusion of the section about provisional ballots.

I don't think Brook Thompson's order was that they be allowed to cast a provisional ballot.

"Nice try" at doing what?