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July 11, 2006

Court Upholds Law Allowing Faxing of Overseas Ballot

From the California Court of Appeal opinion in Bridgeman v. McPherson:

"We shall conclude the constitutional guarantee of secret ballot must be balanced against the constitutional right of voters to cast a vote. We further conclude we should respect the Legislature’s determination that fax voting is necessary to allow some voters overseas to vote in California. This is constitutional.

The voters allege improprieties in the fax voting system but have failed to adduce substantial evidence in support of their allegations. We shall therefore reverse the judgment."

Update: The California Appellate Report has this analysis.

Posted by Randy Riddle at July 11, 2006 05:12 PM