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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 10:20 AM
Response to Reply #14
15. the _memo_ to the DoJ isn't relevant
Edited on Sun Jul-18-10 10:22 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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