Political Legal Battle over Voting Rights of Foreclosure Victims

The independent newspaper the Michigan Messenger recently published a story on a tactic being pushed forward by operatives in the Michigan Republican party to dampen some of the enthusiasm that Democratic candidate Barack Obama has generated among residents of Michigan.  Republicans are reportedly getting trounced in voter registration drives by Democrats across the United States, and so trying to close that gap is a defensive strategy that may work to tip close states.

Republicans are providing lists of foreclosed homes to election officials in order to stop individuals registered at those addresses from voting.  There is a dispute about the legality of the tactic, since the resident still legally owns the home until foreclosure proceedings end; those published in foreclosure notices may not have technically lost their residence at the time and would therefore still be eligible to vote.

The Obama campaign has now filed a lawsuit, according to the Wall Street Journal, challenging the statements made by Republican Party officials in Michigan.  The lawsuit alleges that the Republicans may be engaging in attempts to intimidate or harrass voters by only stopping those who have received a foreclosure notice. As is the case across the country, many of the areas hardest hit by the foreclosure crisis are in minority neighborhoods, and the profiling of homowners in foreclosure may be tantamount to racial profiling.

Of course, after the 2000 Florida recount dispute, the legality of procedures in national elections has become a common challenge.  Ohio and Florida have also recently seen lawsuits over voting procedures.

For much more, see our feature article at Total Lawyers.

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