Legal question - can a voter sue to have her vote counted?

[Hog lover]

It seems to me that the failure to count my vote (including absentees and provisionals)violates my constitutional rights.

[NYC Liberal]

1. How could you prove YOUR vote wasn't counted?

[L84TEA]

3. the question is

HOW COULD THEY PROVE THAT IT WAS COUNTED?????

[Nordic]

4. yeah. I'd like them to prove I voted, and for whom I voted

Can they????

[Hog lover]

6. Well, let's say I asked for an absentee ballot

and I sent it in. From some of the threads here, there is a question whether absentee votes will be counted after a concession by a candidate. Same would apply to provisional votes. Anyway, I understand that in some states, the votes will not be counted if the number of uncounted provisionals and absentees are less than the margin of counted votes. Why am I not entitled to know what happened to my identifiable vote?

[dennis4868]

2. sure.....

if you could prove it....it is a civil rights issue.

[jdj]

5. I'm not sure there was a ruling that came down a few days

ago that defied history by saying the individual could not sue in the case of vote suppression, it had to be the boe, or party (?)or whatever. As usual I have half-assed my memory of it so I don't have more details on it or where it was, but I do remember reading because it apparently was an unusual ruling according to other legislators who were asked to comment.

I think you can sue if you were denied the right to vote, which is why they damn sure had all the provisional ballots around, but I don't know if it's in your hands anymore if you did have a ballot.

[diamondsoul]

9. There was a claim, I believe-

by Ashcroft that the individual voter cannot sue, that it would be up to the Justice Dept. to bring such a suit to the courts...Um yeah, that makes a lot of sense, doesn't it? NOT! I'll try to dig up the link to the info for you.

ETA: Found the link to the article I saw but it requires registration with the LA Times.

http://www.latimes.com/news/nationworld/nation/la-na-votesue29oct29,1,6127504,print.story

"THE RACE FOR THE WHITE HOUSE
Bush Seeks Limit to Suits Over Voting Rights
Administration lawyers argue that only the Justice Department, not the voters, may sue to enforce provisions in the Help America Vote Act.
By David G. Savage and Richard B. Schmitt
Times Staff Writers

October 29, 2004"

[Egalitariat]

7. All votes are still being counted. A concession is meaningless...

Bush isn't officially elected until the electors show up in Washington and cast their votes and then that vote is certified by the Congress.

Concessions have no effect on the electoral process.

[Hog lover]

8. So, are you saying that Kerry wins if he ends up with more Ohio votes

[Egalitariat]

10. Absolutely. No doubt about it****

nm