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Reply #15: I think those cases are actually 24th amendment cases [View All]

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spoogly Donating Member (75 posts) Send PM | Profile | Ignore Fri Nov-26-04 02:19 AM
Response to Reply #11
15. I think those cases are actually 24th amendment cases
24th Amendment specifically prohibits poll taxes.

Twenty-Fourth Amendment - Abolition of the Poll Tax Qualification in Federal Elections

Section 1. The right of citizens of the United States to vote in any primary or other election for President or Vice President, for electors for President or Vice President, or for Senator or Representative in Congress, shall not be denied or abridged by the United States or any State by reason of failure to pay any poll tax or other tax.

The analogy is a good one though. The principal here is the same...impediments to the right to vote.

I think the violation part of this is as clear as you could ask for. The real question is the remedy???

It just occurred to me that another precedent is probalby "Bush v. Gore" although that case said specifically that it was limited to that case and should not be seen as precedence for other cases. If I remember right that case relied on Equal Protection grounds to say that you had to recount the whole state or it violated the voting rights of the voters in the counties that were not recounted. I would have to read it again though.
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