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SickZip
Jul 29, 2008

by FactsAreUseless

mdemone posted:

You must have missed Syzygy Stardust on the previous page saying that black people being removed from voter rolls at a higher rate than white people, is "probably related to the behaviors that also lead to lower credit ratings. Or why disenfranchisement of felons hits them harder. Not everything is a conspiracy, some groups are just better and worse at some objective criteria."

Black Americans have lower home ownership and move more often. If a racially neutral X% of moves result in a voter registration status not being updated, then registrations of Black Americans will be purged at a higher rate. This does not mean that Black Americans are prevented from voting at a higher rate however. This would be true even if the criteria worked perfectly and not a single actual person was prevented from voting.

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mdemone
Mar 14, 2001

Dead Reckoning posted:

So this theoretical voter cares enough about an upcoming election that they're going to vote for the first time in over six years, but not enough to check that they're registered to vote?

Giving everybody the franchise just really seems like it's going too far for you, so why don't you just describe your ideal system of determining who gets to vote?

mdemone
Mar 14, 2001

VitalSigns posted:

It's not theoretical it actually happened, I provided you a link to a Navy vet this happened to.

And yes, most people don't just assume that they got deregistered at some point and check months before the election just in case, they go to the polling place like they did the last time they voted.

I am apparently also a theoretical voter. I didn't check my registration before voting last time, and it had been more than six years (I moved around a lot and had some other severe obstacles during those years).

Fortunately New York State allowed me the privilege of voting anyway.

SickZip
Jul 29, 2008

by FactsAreUseless

VitalSigns posted:

*assuming you know you were de-registered, and as Breyer covered in his dissent, it is overwhelmingly likely that people will not since they're striking many times the number of voters a year as there are people who actually move outside their country.

It is extremely trivial to check your voting registration in Ohio. It is a sub 5 minute process to verify your registration

mdemone
Mar 14, 2001

SickZip posted:

then registrations of Black Americans will be purged at a higher rate. This does not mean that Black Americans are prevented from voting at a higher rate however.

Semantics over the word "prevent".

VitalSigns
Sep 3, 2011

SickZip posted:

Black Americans have lower home ownership and move more often. If a racially neutral X% of moves result in a voter registration status not being updated, then registrations of Black Americans will be purged at a higher rate. This does not mean that Black Americans are prevented from voting at a higher rate however. This would be true even if the criteria worked perfectly and not a single actual person was prevented from voting.

If they're moving within the same county (as most people who move solely because they lack home ownership are doing) then they're still eligible to vote and they shouldn't be removed from voter rolls according to the stated justification for the law.

And anyway we know that moving isn't the reason they're being purged, as Breyer's dissent discusses, many times the number of voters are being purged than are actually estimated to have moved outside of county lines.

SickZip posted:

It is extremely trivial to check your voting registration in Ohio. It is a sub 5 minute process to verify your registration
That doesn't mean that people are likely to do it, especially months before the election when the registration deadline expires, if they don't have any reason to believe they're no longer registered. This is the way voter suppression works.

What other constitutional rights should go away as long as there's a 5-minute process that theoretically you could do to keep them, let's hear all about it.

VitalSigns fucked around with this message at 17:33 on Jun 12, 2018

mdemone
Mar 14, 2001

SickZip posted:

It is extremely trivial to check your voting registration in Ohio. It is a sub 5 minute process to verify your registration

Read Breyer's dissent. He probably has a better handle on this than you do.

qkkl
Jul 1, 2013

by FactsAreUseless
Would this system prevent voters registered in two places from voting twice?

1. When a person registers to vote, their name, social security number, and other personal identifiable information is hashed into an irreversible key.
2. This key is then put in a database that can be accessed from anywhere in the US online. Even if the database is hacked the attackers don't get any useful information because personal identifiable information can't be extracted from the keys.
3. When counting votes, one key can only vote once.

SickZip
Jul 29, 2008

by FactsAreUseless

Jethro posted:

Voting can be a pain in the butt. Maybe someone doesn't bother taking time off of work to vote in midterms or local elections because they live in a highly partisan district where their individual vote is unlikely to make a difference, but their vote could matter in a presidential election because they live in a swing state so they usually make the effort every four years. Well, if they missed the postcard and then something unexpectedly comes up on election day in one presidential year, then they're purged before the next one with the only additional notice being "sorry, you can't vote today, you're not registered."

Besides absentee voting, Ohio also has early in-person voting for 30 days prior to the election.

mdemone
Mar 14, 2001

qkkl posted:

Would this system prevent voters registered in two places from voting twice?

1. When a person registers to vote, their name, social security number, and other personal identifiable information is hashed into an irreversible key.
2. This key is then put in a database that can be accessed from anywhere in the US online. Even if the database is hacked the attackers don't get any useful information because personal identifiable information can't be extracted from the keys.
3. When counting votes, one key can only vote once.

State election boards would poo poo themselves, and anyway there is way too much election law in place that would have to be entirely revamped. But in principle that sounds decent.

hobbesmaster
Jan 28, 2008

qkkl posted:

Would this system prevent voters registered in two places from voting twice?

1. When a person registers to vote, their name, social security number, and other personal identifiable information is hashed into an irreversible key.
2. This key is then put in a database that can be accessed from anywhere in the US online. Even if the database is hacked the attackers don't get any useful information because personal identifiable information can't be extracted from the keys.
3. When counting votes, one key can only vote once.

So you can vote once for each variation of your name?

moths
Aug 25, 2004

I would also still appreciate some danger.



mdemone posted:

You must have missed Syzygy Stardust on the previous page saying that black people being removed from voter rolls at a higher rate than white people, is "probably related to the behaviors that also lead to lower credit ratings. Or why disenfranchisement of felons hits them harder. Not everything is a conspiracy, some groups are just better and worse at some objective criteria."

:stare: Jesus gently caress. JUst assume I'm waving at all of that, too. Like, this whole thing. This is goddamn wiping-before-making GBS threads backwards territory here.

Dead Reckoning posted:

So this theoretical voter cares enough about an upcoming election that they're going to vote for the first time in over six years, but not enough to check that they're registered to vote? Sometimes exercising your rights requires you to make the bare minimum of contact with the government. We don't have a problem with jailing people who ignore certain government letters, after all.

Rights don't require upkeep or maintenance. They're rights. This encroaching infringement is a dedicated effort to dissolve your rights - by a lovely, dying, unpopular political party who would prefer to erode democracy rather than compete in it.

Harold Fjord
Jan 3, 2004

mdemone posted:

Giving everybody the franchise just really seems like it's going too far for you, so why don't you just describe your ideal system of determining who gets to vote?

Everyone who meets the criteria that just happen to statistically hurt minorities more. The key is that there has to be action they can take so blame can be shifted to them

ulmont
Sep 15, 2010

IF I EVER MISS VOTING IN AN ELECTION (EVEN AMERICAN IDOL) ,OR HAVE UNPAID PARKING TICKETS, PLEASE TAKE AWAY MY FRANCHISE

VitalSigns posted:

thanks for your dumb anti-democracy opinions.

I appreciate your attempt to convince me that this opinion should raise some concern.

VitalSigns posted:

And just lol at liberals jumping on board with GOP voter suppression of Democrats' own voter base because the desire to win elections is dwarfed by their contempt for the proles.

By definition, non-voters aren't the voter base.

Groovelord Neato
Dec 6, 2014


Dead Reckoning posted:

I really want to hear about these court cases from the 18th and 19th centuries holding that there is no individual right to own a firearm.

until the rise of the "Standard Model" in the 80s, it was understood the second amendment was a collective right.

Harold Fjord
Jan 3, 2004
Don't even bother, he's read it hundreds of times here and just ignored it like he does every argument that shuts down his stupid bullshit.

ulmont posted:

By definition, non-voters aren't the voter base.

When you have to get this stupidly pedantic it's pretty clear you lost the real argument

VitalSigns
Sep 3, 2011

"Oh it's just 5 minutes (if you know you're supposed to do it, months in advance of the election, when you may not have gotten or realized the importance of a single postcard) so what's the problem" is exactly how voter suppression and disenfranchisement has been carried out for decades, because the point isn't to ban people from voting wholesale. The point is to shift elections by a few points and allow you to carry close elections you otherwise would have lost by putting annoying pointless busywork hurdles in the way of voting and thus depressing turnout on the margins enough to shift the results.

Admiral Ray
May 17, 2014

Proud Musk and Dogecoin fanboy

Dead Reckoning posted:

This is the case for residents of New York City, but for some reason you don't think that their constitutional right is unduly burdened. :thunk:

DR we've never talked about this, ever, so nice job constructing both sides of the conversation. Personally I think gun rights are very weird because in order to exercise the right you have to spend money. So long as they remain an enumerated right I'd prefer a gun be handed out with voter registration and prefer people to have to drill with them in an organized local/state unit.

VitalSigns
Sep 3, 2011

ulmont posted:

By definition, non-voters aren't the voter base.

I've already covered how disingenuous this is, repeating it only makes you stupid.

We have documented cases of people trying to vote and not being able to, what is the point of lying about "it won't stop anyone from voting", we have proof that this isn't true.

VitalSigns fucked around with this message at 17:48 on Jun 12, 2018

mdemone
Mar 14, 2001

Admiral Ray posted:

DR we've never talked about this, ever, so nice job constructing both sides of the conversation. Personally I think gun rights are very weird because in order to exercise the right you have to spend money. So long as they remain an enumerated right I'd prefer a gun be handed out with voter registration and prefer people to have to drill with them in an organized local/state unit.

Now there's a thought that'll fester.

hobbesmaster
Jan 28, 2008

Admiral Ray posted:

DR we've never talked about this, ever, so nice job constructing both sides of the conversation. Personally I think gun rights are very weird because in order to exercise the right you have to spend money. So long as they remain an enumerated right I'd prefer a gun be handed out with voter registration and prefer people to have to drill with them in an organized local/state unit.

Make gun rights contingent on a PT test. :getin:

moths
Aug 25, 2004

I would also still appreciate some danger.



Narrowing the definition of "arms" to "militia pikes and truncheons" really would solve a lot of problems.

ulmont
Sep 15, 2010

IF I EVER MISS VOTING IN AN ELECTION (EVEN AMERICAN IDOL) ,OR HAVE UNPAID PARKING TICKETS, PLEASE TAKE AWAY MY FRANCHISE

Nevvy Z posted:

When you have to get this stupidly pedantic it's pretty clear you lost the real argument

If you read what I responded to, it's pretty clear it wasn't part of any real argument.

VitalSigns posted:

We have documented cases of people trying to vote

You have zero cases attested in the SCOTUS or 6th circuit opinions - or the SCOTUS oral argument transcript - and one news article from Ohio, out of what (per the principal dissenting opinion) are more than 1.5 million notices sent out annually (or at least per 2-year cycle) in Ohio alone.

Keeshhound
Jan 14, 2010

Mad Duck Swagger

mdemone posted:

Now there's a thought that'll fester.

Isn't that how Switzerland does it?

Stickman
Feb 1, 2004

ulmont posted:

I appreciate your attempt to convince me that this opinion should raise some concern.


By definition, non-voters aren't the voter base.

What the gently caress? Are you seriously trolling the SCOTUS thread?

Non-voters are non-voters until they aren't, and do you expect them to continue to be engaged in the process when they make the effort to be engaged in the process for the first time and are told "lol, sorry, did you miss our tiny junk mail slip? Too late!"

You live in a country that a) systematically makes voting as difficult as loving possible for poor people, minorities, and especially poor minorities (of which there are a lot, because 'Merica), and b) has an electoral and political system that would be difficult to be worse for inspiring voter engagement. JFC.

E: You know what else people who haven't voted in the last X elections are? A voting fraud risk.

Stickman fucked around with this message at 18:18 on Jun 12, 2018

SickZip
Jul 29, 2008

by FactsAreUseless

mdemone posted:

Read Breyer's dissent. He probably has a better handle on this than you do.

I got to the part where he was going on about how only 4% of voters move counties in a given year while ignoring that Ohio was sending out notices in response to 2 years of inactivity (ie 8% of voters are going to have moved counties in that timeframe) and also that moving counties is not the only reason for inactivity and non-response (an additional 2% of voters will have died in that 2 year period for instance).

SickZip fucked around with this message at 18:21 on Jun 12, 2018

Devor
Nov 30, 2004
Lurking more.

SickZip posted:

I got to the part where he was going on about how only 4% of voters move counties in a given year while ignoring that Ohio was sending out notices in response to 2 years of inactivity (ie 8% of voters are going to have moved counties in that timeframe) and also that moving counties is not the only reason for inactivity and non-response (an additional 2% of voters will have died in that 2 year period for instance).

Take that, people trying to vote! You just got proved stupid!

(Your numbers still don't add up to the number of people Ohio is tagging as secret movers/zombies)

SickZip
Jul 29, 2008

by FactsAreUseless

mdemone posted:

Semantics over the word "prevent".

It's not semantics.

What matters is people prevented from voting, not registrations purged from the voting rolls in a county. A person can be purged from the rolls in one county can be simultaneously registered and voting in another county. Don't conflate the 2 and imagine every voter purged is a person disenfranchised.

Keeshhound
Jan 14, 2010

Mad Duck Swagger

Devor posted:

(Your numbers still don't add up to the number of people Ohio is tagging as secret movers/zombies)

They tried to add 4% from one year and 4% from the next to get 8%, I don't think math is a strong suit.

Devor
Nov 30, 2004
Lurking more.

SickZip posted:

It's not semantics.

What matters is people prevented from voting, not registrations purged from the voting rolls in a county. A person can be purged from the rolls in one county can be simultaneously registered and voting in another county. Don't conflate the 2 and imagine every voter purged is a person disenfranchised.

Do you think no one was prevented from voting? Or just people that you deem unworthy?

SCOTUS can find anecdotal evidence of denials. There was no need of doing statistical analysis on the record for this case because it was a question of law, not effect

SickZip
Jul 29, 2008

by FactsAreUseless

Devor posted:

Take that, people trying to vote! You just got proved stupid!

(Your numbers still don't add up to the number of people Ohio is tagging as secret movers/zombies)

There's no reason it should. There's a reason why Ohio gives it 4 more years before they take any action

Devor
Nov 30, 2004
Lurking more.

SickZip posted:

There's no reason it should. There's a reason why Ohio gives it 4 more years before they take any action

The reason why Ohio gives it 4 more years before they take any action is because that time period is explicitly required by federal law before someone can be removed from voter rolls for a change of address

If you don't think they would reduce or eliminate that waiting period if they could, I have a Russian Trump property for you to invest in

OJ MIST 2 THE DICK
Sep 11, 2008

Anytime I need to see your face I just close my eyes
And I am taken to a place
Where your crystal minds and magenta feelings
Take up shelter in the base of my spine
Sweet like a chica cherry cola

-Cheap Trick

Nap Ghost
I live in Massachusetts and they'll boot you from the rolls if you don't vote and ignore your mail for 4 or 5 years.

Dead Reckoning
Sep 13, 2011

Devor posted:

The reason why Ohio gives it 4 more years before they take any action is because that time period is explicitly required by federal law before someone can be removed from voter rolls for a change of address

If you don't think they would reduce or eliminate that waiting period if they could, I have a Russian Trump property for you to invest in
"They would do something different if the law was different" is not a particularly compelling argument. That seems to be the real objection here: Ohio's policy seems quite reasonable and complies with the law, but the real reason people are opposed to it is that Republicans will use it as part of their campaign to make voting more restrictive. (Same thing with Masterpiece Cake Shop.) This isn't a good argument. Just because we know Sean Hannity is going to lie to try to convince people to vote for Trump does not mean we should restrict free speech.

twodot
Aug 7, 2005

You are objectively correct that this person is dumb and has said dumb things
Purging rolls for inactivity is dumb because it costs money and creates approximately 0 benefit, but arguing it's bad because voting is a fundamental right is missing a step. If voting is such a fundamental right, then the whole concept of voter registration shouldn't exist, non-citizens should be able to vote, I don't have to be a 18+ year old citizen who has filled out the appropriate governmental form to have protection against unreasonable search and seizure. I think there's a real argument there, but the middle ground of "well voting is a right, but we get to make you fill out a form before you can exercise that right, but after you fill out the form the first time, you don't have to fill out the form again (well you do if you move, but the government can't make you fill out the form a second time if you didn't do anything)" doesn't seem tenable.

Raldikuk
Apr 7, 2006

I'm bad with money and I want that meatball!

Foxfire_ posted:

It's a bad policy result, but I'm not sure it's a bad ruling.

Looking at § 20507, it does kind of seem like it says you can have a program like Ohio's, and noone seems to have argued that that part of the NVRA is unconstitutional

code:
(b) Confirmation of voter registration 
    Any State program or activity to protect the integrity of the electoral process 
    by ensuring the maintenance of an accurate and current voter registration roll for 
    elections for Federal office

    (1) shall be uniform, nondiscriminatory, and in compliance with the Voting Rights 
        Act of 1965 (42 U.S.C. 1973 et seq.) [now 52 U.S.C. 10301 et seq.]; and
        
    (2) shall not result in the removal of the name of any person from the official list of 
        voters registered to vote in an election for Federal office by reason of the person’s failure 
        to vote, except that nothing in this paragraph may be construed to prohibit a State from using the 
        procedures described in subsections (c) and (d) to remove an individual from the official list of 
        eligible voters if the individual
        
        (A) has not either notified the applicable registrar (in person or in writing) or responded during 
            the period described in subparagraph (B) to the notice sent by the applicable registrar; and then
        (B) has not voted or appeared to vote in 2 or more consecutive general elections for Federal office.


(c) Voter removal programs
    (1) A State may meet the requirement of subsection (a)(4) by establishing a program under which
    
        (A) change-of-address information supplied by the Postal Service through its licensees is used to
            identify registrants whose addresses may have changed; and
        
        (B) if it appears from information provided by the Postal Service that
            
            (i) a registrant has moved to a different residence address in the same registrar's jurisdiction
                in which the registrant is currently registered, the registrar changes the registration 
                records to show the new address and sends the registrant a notice of the change by forwardable 
                mail and a postage prepaid pre-addressed return form by which the registrant may verify or 
                correct the address information; or
                
            (ii) the registrant has moved to a different residence address not in the same registrar's 
                 jurisdiction, the registrar uses the notice procedure described in subsection (d)(2) to 
                 confirm the change of address.
    
    (2)
        (A) A State shall complete, not later than 90 days prior to the date of a primary or general election 
            for Federal office, any program the purpose of which is to systematically remove the names of 
            ineligible voters from the official lists of eligible voters.
        (B) Subparagraph (A) shall not be construed to preclude
            (i) the removal of names from official lists of voters on a basis described in paragraph (3)(A) 
                or (B) or (4)(A) of subsection (a); or
            (ii) correction of registration records pursuant to this chapter.

(d) Removal of names from voting rolls
    (1) A State shall not remove the name of a registrant from the official list of eligible voters in elections
        for Federal office on the ground that the registrant has changed residence unless the registrant
        
        (A) confirms in writing that the registrant has changed residence to a place outside the registrar《 
            jurisdiction in which the registrant is registered; or
            
        (B)
            (i) has failed to respond to a notice described in paragraph (2); and
            (ii) has not voted or appeared to vote (and, if necessary, correct the registrar's record of the 
                 registrant's address) in an election during the period beginning on the date of the notice 
                 and ending on the day after the date of the second general election for Federal office that 
                 occurs after the date of the notice.
I think it's a plausible reading that (c) establishes a sufficient program to meet the obligation in (a)(4) [(a)(4) is a bit before this that requires the states to have a program that makes a reasonable effort to remove dead and moved away voters], but that you're allowed to do something else as long as you don't violate (d)

There's a decent argument that the removal procedures are unconstitutional since they burden people's right to vote, but I can't find anywhere where the respondants made that argument.

The law clearly states that to remove based on change of address it has to come from the Post Office that the person moved outside of their current voting district. If they haven't the state is supposed to update the person's address and notify them. This is why Breyer goes into the discussion of how many people move etc; Ohio is basically saying over a million people moved outside of their voting district and the facts don't support that conclusion.

This feels like the VRA ruling where SCOTUS ignores the text of the law (in the VRA case a constitutional amendment, so especially egregious) in order to forward its dismantling of voter protections.

ulmont
Sep 15, 2010

IF I EVER MISS VOTING IN AN ELECTION (EVEN AMERICAN IDOL) ,OR HAVE UNPAID PARKING TICKETS, PLEASE TAKE AWAY MY FRANCHISE

Foxfire_ posted:

It's a bad policy result, but I'm not sure it's a bad ruling.

Looking at § 20507, it does kind of seem like it says you can have a program like Ohio's, and noone seems to have argued that that part of the NVRA is unconstitutional

The only real legal issue is whether the NVRA's "failure to vote" clause applies: a state program “shall not result in the removal of the name of any
person . . . by reason of the person’s failure to vote.”

Ohio says (and the majority agrees) that no, they are removed by reason of a failure to vote and to respond to a confirmation postcard ("It is undisputed that Ohio does not remove a registrant on change-of-residence grounds unless the registrant is sent and fails to mail back a return card and then fails to vote for an additional four years.")

Respondents say (and the dissent agrees) that no, you can't start a purge based on a failure to vote ("In identifying registered voters who have likely changed residences by looking to see if those registrants failed to vote, Ohio’s program violates subsection (b)’s express prohibition on “[a]ny State program or activity [that] result[s] in the removal” of a registered voter “by reason of the person’s failure to vote.” §20507(b)(2) (emphasis added). In my view, these words are most naturally read to prohibit a State from considering a registrant’s failure to vote as part of any process “that is used to start, or has the effect of starting, a purge of the voter rolls.”")

Harold Fjord
Jan 3, 2004

Oh goody more of that classic DR projection about how the real reason we make these arguments is hatred of conservatives.

Dead Reckoning
Sep 13, 2011
Not what I said, and also:

moths posted:

This encroaching infringement is a dedicated effort to dissolve your rights - by a lovely, dying, unpopular political party who would prefer to erode democracy rather than compete in it.

Mr. Nice! posted:

You are right, though, that if people voted more this wouldn't be an issue, but at the same time we have one major party in the country working constantly to prevent people that vote against them from voting at all.

"If the court sides with Ohio," said Professor Rick Hasen, an election law expert at the University of California at Irvine, "you'll see more red states making it easier to drop people from the voter registration rolls, and it's going to continue what I call the voting wars between the parties."

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OJ MIST 2 THE DICK
Sep 11, 2008

Anytime I need to see your face I just close my eyes
And I am taken to a place
Where your crystal minds and magenta feelings
Take up shelter in the base of my spine
Sweet like a chica cherry cola

-Cheap Trick

Nap Ghost

Raldikuk posted:

The law clearly states that to remove based on change of address it has to come from the Post Office that the person moved outside of their current voting district. If they haven't the state is supposed to update the person's address and notify them. This is why Breyer goes into the discussion of how many people move etc; Ohio is basically saying over a million people moved outside of their voting district and the facts don't support that conclusion.

This feels like the VRA ruling where SCOTUS ignores the text of the law (in the VRA case a constitutional amendment, so especially egregious) in order to forward its dismantling of voter protections.

It doesn't say that.

May means that it's entirely acceptable, not that is the only way to do it.

If you are making something an absolute requirement you are going to use "shall" or "must" to indicate something that specific.

OJ MIST 2 THE DICK fucked around with this message at 20:01 on Jun 12, 2018

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