[sixties-l] Fwd: Florida Voting Rights & Wrongs- Campaign for a Legal Election

From: Kali Tal (kali@kalital.com)
Date: 11/11/00

  • Next message: Kali Tal: "[sixties-l] Fwd: Florida Common Law and Election "Irregularities""

    >Date: Sat, 11 Nov 2000 08:53:57 -0500
    >Reply-To: nathan.newman@yale.edu
    >Sender: owner-triumph-of-content-l@usc.edu
    >From: "Nathan Newman" <nathan.newman@yale.edu>
    >To: <Undisclosed-Recipient:@mr1.its.yale.edu;>
    >Subject: Florida Voting Rights & Wrongs- Campaign for a Legal Election
    >X-Priority: 3
    >X-Rcpt-To: kali@kalital.com
    >
    >Any organization interested in signing onto the Campaign for a Legal
    >Election's statement, please email spin@pantheon.yale.edu
    >
    >=====================================================
    >    Yale Law Students CAMPAIGN FOR A LEGAL ELECTION
    >      Yale Law School  127 Wall Street  New Haven, CT 06511
    >               (203) 432-4888   spin@pantheon.yale.edu
    >=====================================================
    >
    >How dare either candidate claim an election victory (or concede) before the
    >facts of what happened in Florida are determined? Don't let the politicians
    >or the pundits deprive Florida residents of their voting rights and the rest
    >of the country of our democratic process.
    >
    >Please do your part NOW to change the tone of the debate.
    >
    >Don't let the press spin this story to force a hasty solution. Any country
    >can have a quick result. America is special because we believe in the rule
    >of law and the protection of constitutional rights. Let's set an example
    >for the world by proceeding in a patient and dignified way. Any party or
    >politician that seeks to claim this election prematurely will have violated
    >our trust and threatened the legitimacy of our government both domestically
    >and internationally. It is our responsibility to hold them accountable
    >because we will pay the price.
    >
    >Therefore, please do the following:
    >
    >1) WRITE TO YOUR HOMETOWN PAPER (please see a sample op-ed piece below; feel
    >free to use/edit any part of it for letters to the editor, etc.)
    >
    >2) CALL IN TO TALK SHOWS where you live and in Florida. You can find out
    >which staions there are by checking out www.broadcast.com .
    >
    >3) SEND THIS AND OTHER E-MAILS TO FRIENDS AND FAMILY. LET PEOPLE KNOW THAT
    >YOU WILL NOT ACCEPT A RUSH TO JUDGMENT BECAUSE THERE IS TOO MUCH AT STAKE.
    >
    >
    >FOLLOWING IS A STATEMENT OF PRINCIPLES THAT WE ENCOURAGE EVERYONE  TO
    >DISTRIBUTE TO FRIENDS AND/OR SUBSTANTIALLY EDIT AND SUBMIT TO THEIR LOCAL
    >(HOMETOWN) PAPERS. DON'T DELAY: TIME IS OF THE ESSENCE!
    >
    >==========================
    >Voting Rights and Wrongs in Florida
    >==========================
    >
    >Since Tuesday, many politicians and others have suggested that it is
    >inappropriate for the results of the election in Florida to be subjected
    >to a legal challenge. This attitude amounts to a fundamental assault on
    >the Voting Rights Act and the right to vote guaranteed by state and
    >federal constitutions.
    >
    >The right to vote is the underpinning of our society. As the Supreme
    >Court has stated, "other rights, even the most basic, are illusory if the
    >right to vote is undermined." Equally important is the ability to enforce
    >this right to vote. During the civil rights movement, people struggled
    >and died not only for the right to vote itself, but also for the right to
    >pursue legal action if the vote was denied. What James Baker decries as
    >"unending legal wrangling" is the enforcement mechanism of our
    >Constitution.
    >
    >It is premature for either campaign to declare victory or concede
    >defeat. It is neither up to Governor Bush nor Vice President Gore to
    >concede defeat or assume victory until the choice of the people is
    >clear. As the Florida Supreme Court has stated, "the real parties in
    >interest" in a legal challenge to the results of an election "are the
    >voters," not the candidates or their political parties.
    >
    >There is too much at stake to let this election pass without scrutinizing
    >the many reports of problems in Florida:
    >* Thousands of voters in Palm Beach County may have been effectively
    >denied their right to vote due to an illegal and unnecessarily confusing
    >ballot design.
    >* Polls closed while people were still in line in Tampa.
    >* Voters were denied ballots on grounds that their precinct had changed.
    >* Some election officials refused to allow translators in voting booths
    >for Haitian-Americans in Miami.
    >* Hispanic voters in Osceola County alleged they were required to produce
    >two kinds of identification when only one was required.
    >* At least two absentee ballots have already been invalidated due to
    >fraudulent submission, in what may be a statewide campaign of absentee
    >voter fraud.
    >
    >Many have said that such "irregularities" exist in every
    >election. Although that is unfortunately true, a systemic failure in our
    >election process is not license to ignore the law, especially when the
    >very outcome of the election may be at stake. In fact, it is only when
    >elections are subjected to such intense scrutiny that problems such as
    >poorly designed ballots or racial intimidation surface.
    >
    >Courts have the responsibility to ensure that elections are conducted
    >legally, and to order a new election if necessary. If the Palm Beach
    >ballots violate Florida law, this is not a legal technicality; laws
    >provide for a common format for ballots to ensure that the process is
    >uniform and clear statewide, and that the election reflects the intentions
    >of the populace. In fact, under Florida law, a new election is only
    >required if a court finds that violations of elections laws created doubt
    >as to whether the outcome of the election truly reflects the will of the
    >people.
    >
    >  Many people have spoken about the rule of law. What the rule of
    >  law requires, however, is not a blind respect for the ballot count in an
    >  election marred by denials of the right to vote, but a healthy
    >  appreciation of the need for legal redress of any violations. Seeking
    >  legal redress is not being a "poor sport." Rather, it is protecting
    >  one's constitutional rights.
    >
    >Other countries look to the United States as a bastion of legality,
    >stability, and above all democracy. Some have suggested that the
    >continued uncertainty over the outcome of the election is embarrassing,
    >but far more embarrassing would be a rush to an incorrect result. Any
    >country can have quick results. It is a testament to the strength of our
    >democracy and our legal system that the most powerful people in our
    >country must wait for the courts to completely address the concerns of
    >even the most vulnerable American citizens.
    >
    >As law students, we are especially concerned about the assault on the right
    >to use the courts to preserve legal rights. The right to vote was granted
    >to blacks only after the Civil War and made effective only after the Civil
    >Rights movement, and was granted to women only after many years of
    >organizing. To assert that the courts should not intervene to protect
    >this right undermines the very right itself. The late Supreme Court
    >Justice Thurgood Marshall, a veteran of the Civil Rights movement himself,
    >once stated that "the right to vote is preservative of all other
    >rights." Surely, the ability, indeed the responsibility, to enforce this
    >right is equally important.
    



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