“Protecting the Right to Vote on Election Day”

Frank Askin has written this article for the Clinical Law Review.  Here is the abstract:

Every General Election Day, students from the Rutgers Law School Constitutional Rights Clinic, under faculty supervision, represent voters who need orders to vote. These are voters who believe they have a right to vote but are turned away at their polling place because their names are not on the rolls. The majority of the clients claim they registered before the deadline but the registrations were never processed. Other clients visited a motor vehicle agency in New Jersey or some other “voter registration agency” designated as such by the National Voter Registration Act (NVRA) but were not offered an opportunity to register. Pursuant to New Jersey statute, assigned Election Day Judges have the authority to issue orders to vote to applicants who made a “good faith” effort to register to vote. The article describes the mechanics and pedagogical value of this project, surveys election law in other states and suggests ways in which other programs could emulate the Rutgers project.


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