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    Did the US Supreme Court deliver the Indiana Primary to Hillary Clinton?
    by Harvey Wasserman | May 3, 2008 - 1:02pm

    article tools: email | print | read more Harvey Wasserman

    by Bob Fitrakis & Harvey Wasserman

    Imagine Hillary Clinton's luck.

    When she needed to win a primary in New Hampshire, the machines glitched up, and she emerged with an unexpected margin of victory. Whether it was due to electronic voting breakdowns is not clear. But there was never a a full recount or a thorough investigation of the serious problems that plagued the vote count in that state.

    When she needed a victory in Ohio, Republican voters -- urged on by Rush Limbaugh -- crossed over in droves and helped give her one. Cross-over voting may also have been a factor in her critical victory in Pennsylvania. There were also numerous instances of computer tabulation glitches in the Pennsylvania secretary of state's office.

    Now the Indiana primary looms ahead. Less than a week prior, the US Supreme Court has delivered a devastating decision on voter ID that could again make a big difference in Clinton's favor.

    Contrary to two centuries of American election law, the Court has ruled 6-3 that it is legal for a state to require official photo ID in order to vote. The lead decision in this case, written by liberal Justice John Paul Stevens, acknowledges that there is no evidence of voter fraud to make this requirement vital to the security of the election process. Indeed, it is clearly stated in the minority opinion that requiring photo ID to vote discriminates heavily against citizens who are young, poor, elderly and of color.

    The Indiana primary will now be the first in US history with a Supreme Court-certified requirement for photo ID. GOP stalwarts -- led by Limbaugh -- are positively ecstatic. There is simply no doubt this requirement will eliminate hundreds of thousands of Democratic voters in November. It is in place not only in Indiana, but in Florida, Michigan, Louisiana, Georgia, Hawaii and North Dakota. Other Republican-controlled legislatures will hasten to duplicate the requirement, though it's unclear how many can pull it off before this November.

    In the meantime, despite indisputable proof that electronic voting machines are the perfect engine for stealing elections, millions of Americans will still be voting on them this fall. In Ohio, e-voting will occur 53 of 88 counties even though Secretary of State Jennifer Brunner's study documented the critical vulnerabilities of Ohio's electronic voting machines.

    Whether that will guarantee the election of John McCain remains to be seen, but it certainly won't hurt him.

    And whether the photo ID requirement now enshrined in Indiana will deliver the Hoosier State's primary votes to Hillary Clinton is also unclear.

    But much of that may be up to Barak Obama. Obama did not rise to help Dennis Kucinich obtain a recount in New Hampshire. He's said little or nothing about GOP cross-over voting in Ohio and Pennsylvania or the electronic glitches. Neither he nor Clinton has taken on the electronic voting machines that were crucial to delivering the White House to George W. Bush in 2000 and 2004.

    Nor has Obama risen up the challenge this latest GOP disenfranchisement machine, the photo ID requirement.

    In the interim, it seems clear the Republican Party and its conservative bloviator corps is pushing Clinton, and fear the Obama phenomenon.

    But will Obama step forward in Indiana -- as did Bobby Kennedy on April 4, 1968 -- to side with the people? If not, then what is the real substance of his campaign?

    Justice Steven's lead opinion is worded in a way that leaves open the door to challenge this photo ID law. Obama and/or Clinton can and must file a lawsuit on behalf of every Hoosier State voter who is disenfranchised by this law. If we're to preserve any semblance of democracy in America, there must be a real test of how this law is applied in Indiana on Tuesday.

    For example, the African-American woman who challenged the law in the first place had been prevented from voting because her photo ID was an expired driver's license. She also had two additional current identity items including a utility bill showing she lived at the same address. But she was still barred from voting.

    You can bet that white suburbanites and rural Republicans will not be held to the same rigid or stringent standards as urban minorities. As Justice Souter noted in his dissent, roughly 6-10% of voting age Americans lack photo IDs. And it's clear who they are.

    If Obama doesn't stand up for these disenfranchised voters, he will drop the bottom out of the "Obama Phenomenon". If Clinton is aided to victory in the Indiana primary by this GOP engine of targeted disenfranchisement, and ultimately gets the nomination, it could nonetheless lead to her ultimate downfall.

    For only one thing is certain: if this photo ID law is not challenged, and it spreads to other states, or becomes a major factor in November in the key states where it's already in place, it could render this entire Hillary-Obama-Drama moot by putting John McCain in the White House.
    _______

    About author

    Harvey Wasserman is co-author, with Bob Fitrakis and Steve Rosenfeld, of WHAT HAPPENED IN OHIO?, just published by the New Press. He is author of SOLARTOPIA! and HARVEY WASSERMAN'S HISTORY OF THE U.S., available at www.harveywasserman.com.

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    He won't

    Obama is as much a corpo-candidate as Hillary is, only we're not supposed to notice.

    Submitted by BlueTigress on May 3, 2008 - 5:59pm.

    Not true ...

    The statement "cross-over voting may also have been a factor in her critical victory in Pennsylvania". This is so untrue. First off, Pennsylvania holds a "closed" primary. Registered Republicans cannot cross over and vote in the Democratic primary. From what I've read those who were previously registered Republican and changed their registration to Democrat actually voted for Obama. But regardless of what you want to believe, Clinton in some Pennsylvania counties garnered as much as 80% of the Democratic vote. This has nothing to do with cross over voting. Obama just plain and simple lost big time in certain parts of the state. The same demographics that are going to cause him to lose big time in West Virginia and Kentucky.

    Submitted by Speakout on May 4, 2008 - 10:36am.

    In 06 primary, the first

    In 06 primary, the first election this law was in effect I decided to be an @$$hole and hassle the poll workers so I handed them my voter registration card. They asked for a photo ID and I pointed out that I’d just given them proof of my registration, a document issued by the clerk of the county. Fortunately the line was short so I had a couple of minutes to argue the finer points of this law, not the least of which was that when America’s constitution was ratified photography was still 50 years from being invented. Eventually I turned over my driver’s license. In 06 general election when I went to vote I did the same thing and handed the poll worker my voter registration card, they took it without hesitation and others just stated their name and were allowed to vote without presenting any ID.

    It’ll be interesting to see, now that this law has been vetted by the Supremes, if it will be enforced at the Primary.

    Since you can now buy your license plates on line most of the neighborhood license branches have been closed, in my case I would have a 40+ mile round trip to obtain a photo ID assuming that I could meet the requirements to obtain one.

    With this decision coming down just nine days before the election I’m amazed that Obama has not challenged it on grounds that there simply is not enough time for voters to conform with the requirements of the law.

    Submitted by Madhoosier on May 4, 2008 - 12:24pm.

    Good grief

    "When she needed to win a primary in New Hampshire, the machines glitched up, and she emerged with an unexpected margin of victory. Whether it was due to electronic voting breakdowns is not clear. But there was never a a full recount or a thorough investigation of the serious problems that plagued the vote count in that state."

    How much of a recount did you want?
    Probably none - you just want to try to throw into doubt Hillary winning NH.

    "When she needed a victory in Ohio, Republican voters -- urged on by Rush Limbaugh -- crossed over in droves and helped give her one. Cross-over voting may also have been a factor in her critical victory in Pennsylvania. There were also numerous instances of computer tabulation glitches in the Pennsylvania secretary of state's office."

    Amazingly little comment on Obama and Republican crossovers. About 75% in Wisconsin for example, and slightly more than 50% in Texas.

    Also on the comment that there's "no doubt" that this would disenfranchise hundreds of thousands of democratic voters.

    Only 969,011 votes went D in the 2004 Presidential election. So for hundreds of thousands to be lost you are talking about greater than 20% of the D voters not having photo ID.

    While it may be a bad law let's try to stay away from the florid overblown drama shall we?

    Submitted by cewillir on May 4, 2008 - 2:20pm.
     
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