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[IP] US Supreme Court Rules "No right to vote for Presidential Electors"





Begin forwarded message:

From: Gene Spafford <spaf@xxxxxxxxxxxxxxxxx>
Date: July 19, 2004 1:58:09 PM EDT
To: dave@xxxxxxxxxx
Subject: For IP: US Supreme Court Rules "No right to vote for Presidential Electors"

In the Washington Post this morning:



Usurping the Voters

By Peter M. Shane

Monday, July 19, 2004; Page A17 (summary; full text at <http://www.washingtonpost.com/wp-dyn/articles/A60580-2004Jul18.html>)

"The individual citizen has no federal constitutional right to vote for electors for the President of the United States," the court said, "unless and until the state legislature chooses a statewide election as the means to implement its power to appoint members of the Electoral College."

...For example, even if Republicans narrowly won New Mexico, the Democrat-controlled state government could decide to cast New Mexico's electoral votes for the Democratic candidate in retaliation against what might appear to be Republican election "irregularities" in another state.

...Republican state governments in Florida, New Hampshire and Ohio, and Democrats in New Mexico, could spare us all some electoral suspense and simply decide their respective states' electoral votes on their own.

...But unless the Supreme Court repudiates its dictum in Bush v. Gore, there is an entirely serious prospect that a capricious state government, Republican or Democratic, might seek to decide the presidential election by removing the choice from the voters.

The writer is a professor of law at Ohio State University.

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