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

From: Ted Morgan (epm2@lehigh.edu)
Date: 11/12/00

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    Hi Kali,
    Thanks for the messages... Are you still at Arizona? & HOw is it going there, if
    you are.. I know it was rough at first... (And our Pres. Likins left to be Pres.
    there).
    Best,
    Ted
    
    
    Kali Tal wrote:
    
    > >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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