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EQUAL PROTECTION ARGUMENT for Overturning Elections..... lawyers?? [View All]

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geo Donating Member (879 posts) Send PM | Profile | Ignore Fri Nov-26-04 12:25 AM
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EQUAL PROTECTION ARGUMENT for Overturning Elections..... lawyers??
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Edited on Fri Nov-26-04 01:09 AM by geo
Hi all,

Any lawyers in the house?

Another writer (Senator) mentioned, "Vote-counts are demonstrably false (not just uncertain), demostrably discriminatory (unlawful), both racially and in favor of bush voters."

This statement made me think, wiuth significant evidence, could the equal protection clause overturn the election?

EQUAL PROTECTION CLAUSE - Portion of the Fourteenth Amendment to the U.S. Constitution that prohibits discrimination by state government institutions. The clause grants all people "equal protection of the laws," which means that the states must apply the law equally and cannot give preference to one person or class of persons over another. (courtesy http://www.lectlaw.com/def/e027.htm )

Bush voters over voters for other candidates, white rural voters over minority urban voters, etc. This vote was clearly a violation of the 14th amendment, but is it the basis for a legal challenge? What evidentiary basis do we need to prove the case? Any precident for such an action?

If anyone is interested in getting a lawyers take on this, please keep kicking this thread until we see some good analysis. I can't believe for a second that the procedural laws governing elections override the 14th amendment. Also, there is likely a litany of case law regarding the burden of proof in dicrimination cases.

Anyone? Anyone?

Warmly,

George
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