Slashdot Mirror


Federal Judge Says No Right To Secret Ballot, OKs Barcoded Ballots

doug141 writes "A Colorado county put bar codes on printed ballots in a last minute effort to comply with a rule about eliminating identifying markings. Citizens sued, because the bar codes can still be traced back to individual voters. In a surprise ruling, Denver U.S. District Judge Christine Arguello said the U.S. Constitution did not contain a 'fundamental right' to secret ballots, and that the citizens could not show their voting rights had been violated, nor that they might suffer any specific injury from the bar codes."

11 of 584 comments (clear)

  1. LOL, American "democracy"! by Anonymous Coward · · Score: 5, Insightful

    LOL!

    1. Re:LOL, American "democracy"! by mrmeval · · Score: 5, Insightful

      We call it demockracy and that's not what we had. What we have now is an unstable crypto-plutocracy with the trappings of fairness and equality slathered on and maintained through the inertia of habit. We've not had a republic since the civil war which for the most part destroyed the concept of the sovereign nature of the states. There were a few amendments that eased the process. Governments will invariably acquire more power, sometimes it's given to it with great cheering and sometimes it's sullenly forced upon it and sometime it takes it by force.

      --
      I'd go on a Vegan diet but the delivery time from Vega is too long. --brownkitty
    2. Re:LOL, American "democracy"! by TheGavster · · Score: 5, Insightful

      I personally know at least one person who voted underage through voter impersonation. If I, as someone totally removed from the "inside" of the politcal process run into it, I can assure you that there are many, many cases with much more malicious intent than a 16 year old who really really wanted to be able to say he voted for Kerry. If a fully naturalized citizen must present ID to board an airplane, buy alcohol, or even travel by car near the beach on a holiday weekend (hello, welcome to the checkpoint, papers please!), why is it suddenly "racist" to demand ID to vote? Are minorities somehow incapable of going to the DMV for their non-driver ID cards like everyone else?

      --
      "Because Science" is one step from "Because old book". Try "Because of my experiment testing my falsifiable assertion".
    3. Re:LOL, American "democracy"! by Anonymous Coward · · Score: 5, Insightful

      Sure there is: don't buy their products.

      We tried that with GM and it didn't work very well

    4. Re:LOL, American "democracy"! by ultranova · · Score: 5, Insightful

      Corporations deserve/require a voice in government too.

      No, they don't. Their owners already have a voice. Why would they deserve to speak with additional voices through entities that only exist as legal fiction? Should I be able to vote once for every pseudonym I use on the Internet?

      Our system of investment would crumble along with our economy if it wasn't there. The government has to be conducive to business if you expect jobs and/or a middle class of people.

      When corporations get a voice in the government they don't have any incentive to make things conductive to business. They have an incentive to make things hard for their competitors and conductive to the kind of financial games that led to the current crisis. Oh, and to allow employee abuse.

      If anything, giving corporations a voice in government would make it harder to start new ones since the existing ones have every incentive to pre-emptively fight against competition.

      --

      Forget magic. Any technology distinguishable from divine power is insufficiently advanced.

  2. This is going to the supreme court by InPursuitOfTruth · · Score: 5, Insightful

    The fundamental problem is that lack of anonymity creates pressure to change one's vote not due to one's personal beliefs, but rather due to pressure from an outcome of what another might think. In the extreme case, we are talking potential retaliation by a regime or political part. This has happened repeatedly through history, and happens today. While the extreme case doesn't appear to apply in the US today, in pre-WW II German, it did. If civilized countries can change quickly to oppress, then how, if our inherent right to vote does not come with an obvious need for protections such as anonymity, can our constitution protect us indefinitely?

  3. Re:Freedom by Nerdfest · · Score: 5, Insightful

    Well, I say "I think" as I'm not American, nor am I an expert in American law, but I was under the impression that you do have the right to a secret ballot to protect you from having your vote coerced. If the barcode is tied to you voter registration number, it easily allows a machine to do what a human readable voter number would do, and tie your vote back to you.

  4. We are not slaves by jabberw0k · · Score: 5, Insightful

    The U.S.A. is a free country, we do not require Identity Papers. I did not have a drivers license until age 33 and lived my whole life just fine. For you to say that I would be required to carry identity papers, would be to say that I live as a slave in a totalitarian government. I only carry my drivers license when driving, and only show it to a police officer in regards to a driving offense. That is all it is to be used for.

    1. Re:We are not slaves by RabidReindeer · · Score: 5, Insightful

      The U.S.A. is a free country, we do not require Identity Papers. I did not have a drivers license until age 33 and lived my whole life just fine. For you to say that I would be required to carry identity papers, would be to say that I live as a slave in a totalitarian government. I only carry my drivers license when driving, and only show it to a police officer in regards to a driving offense. That is all it is to be used for.

      I can tell you don't fly. Or are papers required to take the bus/train these days, too?

  5. "appropriate measures" by pepty · · Score: 5, Insightful
    Odd how republicans campaign on slashing and eliminating unnecessary regulations while simultaneously adding burdensome regulations without bothering to demonstrate that they solve an actual problem.

    If these were health, safety, or environmental regulations republicans would be screaming that the cost of implementing the regulations is a waste of tax dollars, that citizens have to be reimbursed for the "takings" (lost income, expenses) these regulations forced them to incur, and overall would blather about the rules being another example of intrusive big government. They would go on to say that any effect of improper voting is speculative and demand to see evidence of actual harm (thrown elections) before allowing any such regulations.

    Amazing how republicans' math skills invert if you switch from talking about arsenic in drinking water to improper voting.

  6. Try "zero" hours a week for the DMV by davidwr · · Score: 5, Insightful

    In George W. Bush's home state of Texas, voter-ID laws are on hold in part because dozens of counties have NO place to get a driver's license or photo ID card. Everyone in those counties has to drive to the next county to get one.

    Voter registration can be done by mail, which is a much lower burden on those with no car or who work basically the same hours as the DMV office is open.

    By the way, the impact on minorities is not BECAUSE they are minorities, but because being a minority is, for now at least, highly correlated to being poor, lacking good access to transportation, and other impediments to getting to the DMV office to get a photo ID or drivers license. If poverty and lack of access to good transportation were both uniformly distributed over ethnic and racial groups and other "minority" groups, then voter-ID laws would still hurt the poor and those without access to good transportation, but it would not have a disproportionate effect on any particular racial or ethnic group.

    --
    Knowledge is how to play a game, intelligence is how to win, wisdom is knowing what game to play.