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As featured on p. 218 of "Bloggers on the Bus," under the name "a MyDD blogger."

Wednesday, April 30, 2008

Operation More Chaos

This might be something to keep an eye on.

Republicans and independents can vote in Indiana's Democratic primary. But this quirky state law gives voters the right to challenge other voters at the polls for not being sufficiently loyal to the political party in whose primary they are voting.

Here's Indiana's odd rule for primary voting: The state code allows a voter to cast a ballot in a primary election "if the voter, at the last general election, voted for a majority of the regular nominees of the political party holding the primary election"—apparently meaning, in this context, that the voter voted for more Democrats than Republicans in the last general election. The law also lets voters into the primary if they did not vote the last time around but intend to vote for a majority of Democrats in the next general election. The law specifically provides that a voter can challenge another voter at the polling place for not meeting these requirements. The challenger gets to demand that the voter sign an affidavit stating that she meets one of the two requirements above. If the voter signs the affidavit under penalty of perjury, she can vote.

Given the way it's constructed, prosecuting someone under this law looks quite difficult—unless someone is dumb enough to blog about lying on an affidavit, how would prosecutors prove how the voter voted last time or that he lacks the intention to vote for a majority of Democrats at the next general election? And there are questions about the constitutionality of this provision. Still, Indiana Democrats are talking about using it because they're concerned that Republicans will cross over not just to monkey with the presidential primary, but other races as well. Democrats hold a 51-49 majority in the Indiana House of Representatives and think some manipulation of lower ballot races could occur. There is also an important primary in the close gubernatorial contest. The head of the state Democratic Party has threatened a crackdown on Republican crossover voters by challenging them at the polls and making them go through the rigmarole of signing affidavits. Perhaps this talk could deter some Republicans from crossing over and voting. And even if that's unlikely, voters in heavily Republican districts could be put off by long lines if lots of challenges take place.


Rush Limbaugh actually "called off" his Operation Chaos which asked Republicans to vote for Clinton, but I could totally see some disruptive surrogates for either candidate, not controlled by the campaign, going off and picking fights with other voters, challenging their loyalty, etc. How could this law possibly be on the books? Someone with enough chutzpah could essentially shut down the vote entirely.

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