October 29, 2004

Voter and Election Fraud

Unless there's a Bush-Cheney landslide (unlikely), this election will be fraught with legal wrangling on both sides. A most critical issue will be to safeguard the original ballots or electronic results for recounts that will be inevitable is some places.
While there will be fraud and errors (there always have been some in our elections), my greatest concern is that the legal challenges will be heard first by state judges who themselves are elected, thus are political animals. See this site:

http://www.pbs.org/wgbh/pages/frontline/shows/justice/que/maptext.html

for a list of states and how judges get to be judges. Note that many of the 'battleground states' elect their judges. This is potentially a very bad problem which will consume time for briefs, hearings and appeals. Eventually it's likely that most of these contested votes ( but will contested registrations stay in state courts because voter registration is a 'local' issue?) will wind up in Federal court because this is a Federal election for President. For better or worse, Federal judges are appointed not elected.

One of the most contentious series of battles during the next Presidency, regardless of who wins, will be the appointment of Federal judges, particularly to the Supreme Court. Unfortunately, there's a left-leaning Senator from Vermont likely to be back in Congress for 6 more years doing all in his power to assure liberal judges are appointed.

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