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Context of 'December 28, 2011: Virginia GOP to Require Primary Voters to Sign ‘Loyalty Oath’'

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The US Supreme Court, in the case of Harper v. Virginia Board of Elections, finds Virginia’s law upholding “poll taxes” to be unconstitutional. The 7-2 decision finds that poll taxes—fees demanded of voters, which have been used for over a century to disenfranchise minority voters (see February 4, 1964 and December 6, 1937)—violate the Constitution by imposing discriminatory restrictions on voting. Justice William O. Douglas writes the majority opinion, with Justice Hugo Black and John Marshall Harlan II dissenting. Douglas cites the landmark Brown v. Board decision (see May 17, 1954) and the recently passed Voting Rights Act (see August 6, 1965) in his ruling. [Legal Information Institute, 2011]

Entity Tags: Hugo Black, William O. Douglas, US Supreme Court, John Marshall Harlan II

Timeline Tags: Civil Liberties

Florida Democrats sue the Seminole County Canvassing Board in state court for including absentee ballots in the vote totals that they say did not satisfy the provisions of 101.62 of the Florida Election Code (see November 15-17, 2000). These provisions require that a citizen requesting an absentee ballot provide the elector’s registration number on their application. [Leip, 2008] The Seminole County elections supervisor allowed Republican Party workers to correct thousands of Republican ballots to allow them to be counted (see November 12, 2000).

Entity Tags: County of Seminole (Florida), Al Gore presidential campaign 2000

Timeline Tags: 2000 Elections

The Virginia Republican Party will require voters to sign a loyalty oath in order to participate in the March 6 presidential primary. In order to vote in the primary, Virginians will have to sign a form at the polling place pledging to support the eventual Republican nominee for president. Any voter who refuses to sign the oath would not be allowed to vote. The State Board of Elections voted 3-0 to approve the forms as requested by the Virginia GOP. The oath is legal under Section 24.2-545 of the Code of Virginia. The oath reads, “I, the undersigned, pledge that I intend to support the nominee of the Republican Party for president.” The voter must then sign the form and print his or her name. Only two candidates, Mitt Romney (R-MA) and Ron Paul (R-TX), will be on the ballot; other Republican candidates either did not garner enough signatures to qualify or did not seek to be placed on the ballot. Virginia has “open” primaries, which means that voters from any party, or unaffiliated voters, may vote in any party’s primary, although voters must only vote in one primary of their choosing. In the 2000 GOP presidential primary, voters were required to sign a pledge reading, “I, the undersigned, state that I do not intend to participate in the nomination process of any other party than the Republican Party.” Virginia did not hold a GOP primary election in 2004 because President Bush was running uncontested for re-election. For the 2008 elections, the Virginia GOP chose not to require a loyalty oath, partially because Democrats were voting in their own primary election. In 2012, there will be no Virginia Democratic primary because President Obama will be the only Democrat on the ballot. GOP State Delegate Robert Marshall says he disagrees with the idea of a loyalty oath, and that such a thing does not fit in with the philosophy espoused by the Republican Party. “Ironically, requiring a loyalty oath will bar even former US House Speaker Newt Gingrich [another presidential candidate who is not on the ballot] from voting in the primary because he already has said unequivocally that he will not vote for Ron Paul for president if he’s the Republican nominee,” Marshall says. “Virginia’s Republican leadership wants to mandate a loyalty oath when Virginia’s Republican officials are in court fighting the Obamacare mandate? This sends the wrong message.” [Inside NoVA, 12/29/2011; Inside NoVA, 12/29/2011]

Entity Tags: Virginia State Board of Elections, Newt Gingrich, Republican Party, Virginia Republican Party, Robert Marshall, Ron Paul, Willard Mitt Romney

Timeline Tags: Civil Liberties

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