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.
When I vote, I am ID'd by my signature, and of course having voted I preclude anyone else voting in my name. This system "let's you in the door" when you register, and it seems logical to me that registration is the time for eligibility checks.
Good point, maybe both places considering motor voter and other registration programs. Dead guys seem to register and vote a lot in Chicago, anyway.
they slither out from under the rocks...just the f'n president clinton that appointed them.....
send them to mexico the de facto 51st state...after all ...they want all the citizens of mexico voting!
unbelieveable....the US should go to the purple ink fingers like iraq...those elections seem to have had less fraud than what the lib/dems intend in november!!!
"Judge Christopher Boyko"
"The ceremony was the culmination of a process that formally began on July 22, 2004, when President George W. Bush nominated Mr. Boyko. With the support of Sens. Mike DeWine and George Voinovich, (D-Ohio), and the highest rating from the American Bar Association, Mr. Boyko gained the approval of the Senate Judiciary Committee within two weeks. Shortly after the re-election of President Bush, the Senate unanimously confirmed Mr. Boyko on November 20, 2004."
Then this would never be a problem.
With the advent of electronic voting machines, I'm not sure it matters.
This case hangs on the fact that only naturalized citizens were required to show ID. A citizens both native born and naturalized are equal before the law and no level of government and make a distinction between them. The requirements for the Presidency are the sole exception.
Evertyone should be proud to show that they are naturalized or native born. I DAMNED WELL WOULD BE.
This was a poorly written law.
100% of ALL voters should be asked for proof of citizenship
This was an intentionally flawed law so it feels good and is struck down.
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