Showing posts with label constitution. Show all posts
Showing posts with label constitution. Show all posts

Thursday, November 09, 2006

The Voter ID Question

Last week, in response to my post, I received a comment that, while it didn't address my post directly, did raise a question that is increasingly common (one that, in fact, I read at least twice in letters to the editor this morning): "What reasoning precludes producing a photo ID as a measure to prevent election irregularities?" The simple measure suggested by many, would not be simple to enact for a number of reasons. I didn't address this in my post because, one, it was flamebait, and two, because rhetorical critcism does not suggest policy options, it reveals the complexities of discourse. This post is more formal, and while I won't suggest policy options, I will address the possible discursive arguments, pro and con.

I'll make two concessions:

1. Having a photo ID makes life convenient. You need one to drive, to purchase alcohol (unless you're under 30 in appearance), to cash a check, to fly, even (in some shops) to use a credit card.

2. Requiring photo ID would make it easier on voting clerks, and would eliminate a number of issues such as the one I addressed last week.

Now, on to why it will be difficult for such a measure to proceed. The first point I'll address leads into the second, and both respond, respectively, to the two concessions given above. First: although having a photo ID would make life convenient, it is not required by federal law. Nowhere in the Constitution or US Code does it state that all citizens must have a photo identification. Social Security numbers are required, but a social security card doesn't have a photo (and it would be impractical to require one: I've had the same card since I was seven. I don't look much now like I did then). Legislation has made it all but required: to live in modern America, it is infinitely easier to have a photo ID. As I stated above, you need one to drive, fly, bank, etc. However, all but required is not the same as required.

This leads to the second point: because the right to vote is constitutionally granted to all citizens (unless they commit a felony, and even then, it can usually be regained), it would all but require a constitutional amendment to make the photo ID a necessity. This may seem overblown; however, in today's litigious society, it isn't, really. The issues raised all along by minority voters against challenging tactics at polling places provide a case in point. Some (many) may not have a photo ID: I've worked in many low-rent establishments, and a number of the minority workers (most of whom were citizens) had no photo ID: they didn't use banks because they were paid in cash, they didn't drive because they'd never had the chance, some were homeless and their legal residence was a shelter.

All of these individuals were citizens and, by extension, had the right to vote, whether they had a photo ID or not. So why not simply pass a law? Two powerful complications jump to mind immediately. First, it would be extremely difficult given our concern with privacy and surveillance. Second, enacting such a law would be a process taking years - remember that old adage, that some of the most frightening words on earth are, "I'm from the federal government, and I'm here to help" - and would be inordinately expensive. Given the chance, the ACLU - and any number of young constitutional attorneys looking to make a name for themselves - would have a field day challenging any law short of an amendment in front of the Supreme Court.

It will be interesting to see how this issue unfolds.
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Currently playing - Haydn, Symphony no. 81, Menuetto (3rd movement)

Thursday, September 21, 2006

Voter Confidence Quandary

It's time I inserted my own voice into the controversy concerning electronic voting. As an increasing number of states consider moving to electronic voting, industry-leading Diebold continues to try to quell the swelling number of studies and reports of security flaws in its equipment. Meanwhile, a number of websites, including engadget, i-am-bored.com, blackboxvoting.org, and openvotingfoundation.org have posted pages detailing methods by which the machines may be hacked. The Center for Information Technology at Princeton University, of all places, has published a full research paper detailing the massive and serious security flaws in the hardware and software (which Diebold still maintains are extremely secure) of the voting machines that will be used in 357 counties - representing ten percent of all registered voters - across the US in the coming November election.

My opinion? Electronic voting is a foolish outgrowth of what should be considered - following the dot-com crash - outdated and unfounded cyberlibertarian beliefs, more specifically:
  1. Technology will efficiently and accurately solve all of our troubles.
  2. The Free Market is better than governmental regulation in all cases.
To take these in reverse order: the free market cannot be relied upon to adequately secure individual human rights. The free market has a shitty record in this department because corporations - although they legally act as individuals - care only for the bottom line and pleasing shareholders. If you search Google, you'll find countless images and descriptions of child labor abuses during the Victorian era - before child labor laws: missing fingers (those tiny little bastards could remove objects from gears pretty easily), 16 hour workdays (until the Ten Hours act was passed, making it legal for 13-18 year olds to work only ten hour days), kids playing in the street in raw sewage, and more! Take a look at victorianweb's site about the subject. Hey, take a look at the good old USA, where the meat-packing industry was so corrupt that laws had to be passed against the canning and distribution of rotting meat and other disgusting practices. The free market may be great, but when deregulated, it's a bastard (and the leading cause of communism).

Technology cannot solve all of our problems. Even "secure" technology is rife with flawed security issues. No computer software is too tough to be safe from an enterprising hacker: Google "security flaws" and you'll get over 14,400,000 hits. Anything that can be programmed can be hacked. Hardware designed by human engineers can be modified by geeks nationwide.

Voting is the fundamental right of the citizen in our nation. The right to vote is too important to risk with any computerized system. Paper ballots, marked with ink (instead of punched cards) are the only means by which voters can be certain that a computer will not "miscalculate" or "accidentally delete" their votes - they can be sure that their vote is recorded accurately, at least until someone "accidentally throws away" their vote. The fact that we have to have this discussion makes me ill.
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currently on miPod - Symphony no. 3, 1st movement - Antonin Dvorak

Tuesday, September 05, 2006

Admirable and Rare

As often as I mention the chickenhawks running the war in Iraq, I am quite pleased to celebrate a politician who will put his money where his mouth is. The New York Times reports that Jonathan L. Paton, an incumbent Arizona Republican seeking his second two-year term in the U.S. House, will be at Ft. Benning, GA, preparing for a five-to-six month tour of duty in Iraq and - perhaps - Afghanistan [article link]. Paton, a longtime supporter of the war, is also a Lieutenant Intelligence officer in the Army Reserve.

Paton's decision to deploy is a sign of character that one does not often see in Congress, one that this Democrat is more than ready to applaud. Although five other congressmen are also reservists, congressmen are automatically placed on Standby Reserve, making it less likely that they will be called up. Paton chose to go, despite the loss of four days of campaigning in a heated race with four others seeking his seat. While on duty, Paton is allowed to hold office and remain on the ballot - as he should be - but not to campaign.

So I say to Lt. Paton: you are a fine example of the leadership that is sorely lacking in the United States Congress, and I hope that you return safely, with the legislative seat that you have earned not with words, but through your own actions. To the rest of congress, I say: more of you should have the courage of your convictions to act upon them, rather than just talk about them. The saddest fact about Lt. Paton's action is that in our current political climate, his detractors will call his actions grandstanding, a ploy to ensure re-election. This revolting statement ignores the fact that, as an Intelligence Officer, Lt. Paton is placing himself directly in harm's way, doing himself what he asks others to do.

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currently playing on miPod: Oleander, "Champion"

Thursday, August 31, 2006

More Feces from the "Fart" of it All

Ohio. Lovely place. Home of the Cuyahoga River, which has caught fire no less than five times (June 1949, March 1951, November 1952, December 1951, and the "big one" of 1969) [see a picture of the 1969 fire on the NOAA.gov site]. Home, more recently, to the second great American electoral fraud scandal of the 21st century (which is how old, now? Oh, SIX YEARS). Finally, someone's called them on it. Widely covered everywhere but in the national media (with it's huge "liberal bias" and all - see my last post for more on this), it's another case of widespread disenfranchisement of voters. A team of independent investigators has turned up massive irregularities, including denial of provisional ballots - which is illegal in the United States following the passage of the Voting Rights Act - as well as "loss" of legitimately cast ballots, election returns coming in hours prior to the closing of the polls, the closing of polls with voters waiting in hours-long lines in minority districts, and more.

Responsible for this? Well, the secretary of state runs the elections. I'm sure he has no guilt in the matter, despite resisting independent investigations into the matter for over a year, until he finally caved in to a subpoena. He was going to destroy the paper ballots - per state law, they are allowed to be destroyed after two years - until he caved again when threatened with a lawsuit. Now, according to the New York Times, he's temporarily placing the destruction on hold, but that doesn't do a hell of a lot of good, at least as long as he's got the authority to lift that hold whenever he pleases. Even in Florida, they've placed the ballots from the notorious 2000 election scandal into the state archive.

At this point, I'm sure that I'll be accused of partisan raving. That's all well and good - the corporatization of media organizations made sure that a profit-seeking press would have to resort to making all news adversarial and sensational. When day after day, we read about our world through a conflict-driven lens rather than an informational one, which buffers conflict through actual in-depth discussion, I expect nothing less.

The fact remains, however, that this should not be a partisan concern. The right to cast a vote is a fundamental cornerstone of American citizenship. This is not about Democrats, Republicans, Ralph Nader, George W. Bush, or John F. Kerry. This is not about abstract interpretation of legal fine points extrapolated from overly broad amendments to our Constitution. This is about our fucking right to vote. When any group engages in tactics designed to disenfranchise the citizenry, when "widespread irregularities" and "tampering" indicate that anyone has interfered with the basic right of a citizen to cast a vote and have it count, when evidence PROVES that something is not right, every member of our society should be concerned.

One small example of the tampering? In one precinct of Miami County, the official tally recorded 550 votes cast. The official signature books and ballots indicate that 450 people voted in that precinct. This means that 122% of the votes in that precinct were counted. More disturbing? In several other counties, blank ballots were found - ballots with votes recorded that indicated no precinct of origin - which once upon a time would indicate ballot box stuffing - Tammany Hall type shit.
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currently on miPod - String Quartet no. 9, Antonin Dvorak