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Concern has been expressed about the reliability of electoral rolls given rapid population shifts and the possibility of deliberate fraud.
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Unlike a ballot access restriction that burdens only certain candidates or parties, Florida's manual recount provision is a "generally applicable and evenhanded" electoral scheme designed to "protect the integrity and reliability of the electoral process itself" -- the type of state electoral law often upheld in federal legal challenges.
The state's manual recount provision, he found, "is intended to safeguard the integrity and reliability of the electoral process".
However, "even handed restrictions" protecting the "integrity and reliability of the electoral process itself" satisfy Harper's standard.
According to Stevens, the law served Indiana's "interest in protecting the integrity and reliability of the electoral process".
(b) Each of Indiana's asserted interests is unquestionably relevant to its interest in protecting the integrity and reliability of the electoral process.
Instead, the manual recount provision is intended to safeguard the integrity and reliability of the electoral process by providing a structural means of detecting and correcting clerical or electronic tabulating errors in the counting of election ballots.
Last November's election made it all too clear that voting machines are fallible and that the reliability of the electoral process people participate in very much depends on where they live.
The erroneous Fox News report was broadcast on the eve of election day and at a febrile moment in US politics when Trump and his supporters have questioned the reliability of the electoral process.
"The application of the statute to the vast majority of Indiana voters is amply justified by the valid interest in protecting the integrity and reliability of the electoral process," wrote Justice John Paul Stevens, who argued the state law is a reasonable reaction to the threat of voter fraud.
Calls to action must take a broader set of forms – for example, organizing in local communities rather than in city centers – if they are to galvanize those who have good reason to question the legitimacy of the electoral process, the reliability of elected officials, and the fairness of the criminal justice system.
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Justyna Jupowicz-Kozak
CEO of Professional Science Editing for Scientists @ prosciediting.com