Is Early Voting constitutional? (user search)
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  Is Early Voting constitutional? (search mode)
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Author Topic: Is Early Voting constitutional?  (Read 6596 times)
jimrtex
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Posts: 11,817
Marshall Islands


« on: May 03, 2007, 07:23:42 PM »

Can someone explain the difference between "Early" voting & "Absentee" voting?

I have voted absentee twice due to knowing in advance that I would not be able to get to the polls because of travel, so in essence I voted early. Maybe I am missing something here.
In Texas, there is only Early Voting, which can either be in person, or by mail.  Voting early by mail has to to be for cause (over 65; health reasons; incarceration in jail; or being outside the county of residence for the entire early voting period plus election day).  Any voter may vote early in person.

In Texas, the early voting period is roughly the two weeks before election day.  Texas has an election on Saturday, May 12.  Early voting began last Monday, and will continue through next Tuesday.  It is ordinary business hours (8-4:30) this week, (7-7) on Saturday, (1-6) on Sunday, and (7-7) on next Monday and Tuesday.

In Harris County, there are 33 early voting locations, and you can vote at any one.  On election day, you must vote in your election precinct.  In the smallest counties, there might only be early voting at the county courthouse, and they might not have the extended hours.
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jimrtex
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Posts: 11,817
Marshall Islands


« Reply #1 on: May 03, 2007, 07:44:19 PM »

The early voting statute in Texas was challenged in 'Voting Integrity Project v. Bomer' (99-20757) decided by the Federal 5th Court of Appeals.   The USSC declined to review the decision.

The plaintiffs had argued that early voting in federal elections was contrary to the federal law setting the first Tuesday after the first Monday in November as election day.  The court ruled that it was only the final decision that had to be made on election day.  The court further said that if early voting in person was unconstitutional, that early voting by mail (absentee voting) would also be unconstitutional, and noted that in several instances Congress had mandated absentee voting.

In 2006, a Maryland court ruled against early voting in Maryland.  In that case it was based on the court's interpretation of the Maryland constitution.  I don't know the status of that law, other than Steney Hoyer took the opportunity to take a cheap shot at Texas.
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