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OH: Judge throws out citizenship voting rule
AP on Yahoo ^ | 10/4/06 | Joe Milicia - ap

Posted on 10/04/2006 10:42:22 PM PDT by NormsRevenge

CLEVELAND - A federal judge on Wednesday struck down a first-of-its-kind voting rule that required naturalized citizens in Ohio to provide proof of their citizenship if challenged by a poll worker.

A group of naturalized citizens, backed by the state chapter of the American Civil Liberties Union, sued in August, alleging the law singled out one group of citizens and placed an unfair burden on them.

Secretary of State Ken Blackwell agreed that the rule was unconstitutional and did not challenge the lawsuit at a court hearing Wednesday.

Judge Christopher Boyko said the rule raised concerns of profiling and would have been detrimental to the voting rights of naturalized citizens.

"There can be no second-class American as far as any court is concerned," Boyko said. He asked that his decision be disseminated to other states.

Poll workers might have profiled voters based on their appearance, speech or manners, the judge said.

"How offensive it would be to be singled out by a poll worker," he said.

The law was believed to be the first of its kind in the country.

When the lawsuit was filed, Blackwell, the Republican candidate for governor, said the rule was unenforceable.

The rule was part of a voter identification law enacted this year that also would have required naturalized citizens to cast a provisional ballot if they could not show proof of citizenship upon a poll worker's request.

The voters would have had to go to a county elections board with documentation within 10 days to validate their ballots.

Laura Boustani of Cleveland, a naturalized citizen who emigrated from Lebanon in 1984, said the law was demeaning.

"I didn't think the country I chose would treat me this way," said Boustani, who was among the plaintiffs in the case.


TOPICS: Crime/Corruption; Government; Politics/Elections; US: Ohio
KEYWORDS: citizenship; judge; rule; throwsout; voting
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1 posted on 10/04/2006 10:42:24 PM PDT by NormsRevenge
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To: NormsRevenge
"How offensive it would be to be singled out by a poll worker," he said.

Almost as offensive as somebody who is NOT A CITIZEN voting in a federal election, you dipwad!

2 posted on 10/04/2006 10:44:23 PM PDT by Howlin (Release the Joe Wilson Niger Report!!!!)
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To: NormsRevenge

Don't like a law enacted by the people? Get a federal judge to strike it down under any whacky pretense he pleases.


3 posted on 10/04/2006 10:51:41 PM PDT by AZRepublican ("The degree in which a measure is necessary can never be a test of the legal right to adopt it.")
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To: Howlin

Where do these f&ck(*ng judges come from!?!?!?!?!?

Better yet, where can we send them?!?!?


4 posted on 10/04/2006 10:52:24 PM PDT by true_blue_texican
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To: Howlin
This caught my eye,,

--
Laura Boustani of Cleveland, a naturalized citizen who emigrated from Lebanon in 1984, said the law was demeaning.

"I didn't think the country I chose would treat me this way," said Boustani, who was among the plaintiffs in the case.
--

demeaning? Good thing she didn't choose Cuba.

5 posted on 10/04/2006 10:56:05 PM PDT by NormsRevenge (Semper Fi ......Help the "Pendleton 8' and families -- http://www.freerepublic.com/~normsrevenge/)
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To: Howlin

Without recourse to the idea of being demeaned, I think the law violates equal protection. I would think that the proper precautions would be at the time of registration. I suppose, though, that this is already a lost battle, and that this law was a reaction to that. At any rate, the argument against it seems strong to me.


6 posted on 10/04/2006 10:57:29 PM PDT by dr_lew
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To: Howlin

Easy solution - just ask EVERYBODY for ID when they vote.


7 posted on 10/04/2006 10:58:09 PM PDT by bpjam (Hezbollah, Hamas, Al Qaida - The Religion of Peace)
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To: Howlin; gubamyster
"Almost as offensive as somebody who is NOT A CITIZEN voting in a federal election, you dipwad!"

Well said!

8 posted on 10/04/2006 10:58:43 PM PDT by TheLion
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To: bpjam

But if you do that, you'll have people on this very site screaming about THEIR RIGHTS, doncha know?


9 posted on 10/04/2006 10:58:56 PM PDT by Howlin (Release the Joe Wilson Niger Report!!!!)
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To: dr_lew

I don't think they should profile HER; I think they should profile EVERYBODY.

Show a damn picture ID or don't vote.


10 posted on 10/04/2006 10:59:45 PM PDT by Howlin (Release the Joe Wilson Niger Report!!!!)
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To: NormsRevenge

Bub-bye America, it was nice knowing ya'.


11 posted on 10/04/2006 11:00:35 PM PDT by Bullish ( Reality is the best cure for delusion.)
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To: NormsRevenge

I knew this was going to happen. The rats can't do their vote fraud with logical laws in place.


12 posted on 10/04/2006 11:01:47 PM PDT by TheLion
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To: NormsRevenge

It does place an unfair burden on naturalized citizens. When possible, all citizens should shoulder the same burdens. Require proof of citizenship from all voters. For most, a simple picture ID and access to a database of citizens should be enough. For the unusual case of recently naturalized citizens who may not have such records on file, a certificate of naturalization should suffice -- but it should not be required of every naturalized citizen.


13 posted on 10/04/2006 11:03:19 PM PDT by Caesar Soze
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To: bpjam
Easy solution - just ask EVERYBODY for ID when they vote.

Which would be Constitutional and non discriminatory.

14 posted on 10/04/2006 11:05:11 PM PDT by Navy Patriot (Striving to obtain liberal victim status.)
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To: NormsRevenge

I agree with the court. But let's make ALL citizens and all voters prove their citizenship. If not with a Passport, then with a voter ID card which can only be issued to proven citizens.


15 posted on 10/04/2006 11:06:54 PM PDT by montag813
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To: NormsRevenge

How could intelligent people pass a law like this? How are you supposed to tell the naturalized citizens from the native born? I don't get it.


16 posted on 10/04/2006 11:11:06 PM PDT by claudiustg (Iran delenda est.)
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To: bpjam

That's the way it is done in Indiana.


17 posted on 10/04/2006 11:14:34 PM PDT by jerry639
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To: NormsRevenge
Make everyone show a photo-I.D.
18 posted on 10/04/2006 11:15:18 PM PDT by fortheDeclaration (Am I therefore become your enemy because I tell you the truth? (Gal.4:16))
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To: claudiustg

It isn't about the law or logic. It is about keeping the door open for vote fraud. The Democrats plan to have illegals voting, otherwise they would be all for this law.


19 posted on 10/04/2006 11:16:56 PM PDT by TheLion
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To: NormsRevenge

The right to vote is so precious, and so many people want to abuse it, that everyone should show an ID to register and when voting.


20 posted on 10/04/2006 11:19:52 PM PDT by KittyKares
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