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Reply #15: the _memo_ to the DoJ isn't relevant [View All]

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OnTheOtherHand Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Jul-18-10 09:20 AM
Response to Reply #14
15. the _memo_ to the DoJ isn't relevant
Edited on Sun Jul-18-10 09:22 AM by OnTheOtherHand
At that time, the Brennan Center argued to DoJ that this change would need to be precleared under Section 5. The Brennan Center doesn't really say why, and it isn't at all obvious that the assertion is correct. Apparently it wasn't obvious to DoJ, either.* Regardless, it has nothing to do with the lawsuit, except in the sense that if DoJ had slapped down the state board, the lawsuit wouldn't have been necessary.

*ETA: I don't think I ever read a DoJ response; I'm just inferring from the failure to act.

However, the SBOE claims they're voting system was precleared, which is not my idea either.

I'd be interested to know whether the SBOE has indeed claimed that. The board submitted 6210 for preclearance, which makes sense given the wide scope of 6210 (including minority language provisions) -- but I don't see where 6210 says that overvoted ballots will be retained.

It doesn't matter, because preclearance under Section 5 doesn't confer an exemption from Section 2. SBOE may try to argue, with whatever degree of plausibility, that DoJ blessed its treatment of overvotes, but that issue has no direct bearing on the lawsuit.
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  -Brennan Center Drops The Ball On WNYC Radio As Host Suggests Keeping Levers Would Prevent Overvoting Bill Bored  Jul-15-10 01:14 AM   #0 
  - As much as they got right I cringed at their seeming unfamiliarity with the technology.  Wilms   Jul-15-10 01:39 AM   #1 
  - The configuration change would not take long.  Bill Bored   Jul-15-10 01:48 AM   #2 
     - How long to recert? n/t  Wilms   Jul-15-10 02:26 AM   #3 
        - Long time. But that's only if we assume compliance with the election law.  Bill Bored   Jul-15-10 12:45 PM   #5 
           - plus $ to recertify. about $100K for small fixes, $1 M for whole system change  WillYourVoteBCounted   Jul-15-10 08:30 PM   #8 
           - MONEY IS NO OBJECT when it comes to replacing lever machines! nt  Bill Bored   Jul-17-10 12:55 AM   #12 
           - yeah, it's a Voting Rights Act lawsuit  OnTheOtherHand   Jul-16-10 07:23 AM   #10 
              - The VRA applies to Kings, New York and Bronx counties in NY.  Bill Bored   Jul-16-10 04:26 PM   #11 
                 - the VRA applies to the entire country, but not viz preclearance  OnTheOtherHand   Jul-17-10 08:01 AM   #13 
                    - The Brennan Center brought up "preclearence" in their complaint to the DOJ.  Bill Bored   Jul-18-10 12:39 AM   #14 
                       - the _memo_ to the DoJ isn't relevant  OnTheOtherHand   Jul-18-10 09:20 AM   #15 
                          - No law or regulation says overvoted ballots should be retained.  Bill Bored   Jul-18-10 05:41 PM   #16 
                             - seems like a non sequitur to me  OnTheOtherHand   Jul-18-10 07:35 PM   #17 
                                - In case you haven't noticed, we've been bombarded with all kinds of (false) assurances...  Bill Bored   Jul-18-10 08:07 PM   #18 
                                   - That's a bit more clear than your previous post.  Wilms   Jul-19-10 04:11 AM   #19 
                                      - Yes, everyone looked it over, and they were warned after the problem was found in FL in 2008.  Bill Bored   Jul-19-10 08:44 PM   #20 
  - WTF is the Brennan Center and who elected them?  aquart   Jul-15-10 04:25 AM   #4 
     - Excellent question! Here are some answers:  Bill Bored   Jul-15-10 01:06 PM   #6 
        - Thank you. They and I seem to have irreconciliable differences.  aquart   Jul-15-10 02:34 PM   #7 
           - On the other hand, they sued to improve the undervote rate on NYC levers a few years ago and...  Bill Bored   Jul-16-10 12:36 AM   #9 

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