Petitioning at the polls is an excellent technique for any group that is trying to get signatures on petitions. Virtually everyone at that location is a registered voter. The U.S. Supreme Court is being asked to hear a case involving petitioning at the polls, Citizens for Police Accountability Political Committee v Browning, 09-861.
Florida says exit pollsters may station themselves 25 feet from the entrance to polling places, but petitioners must be at least 100 feet away. The case involves whether Florida can discriminate in favor of exit pollsters, and against petitioners. Both groups only want to talk to people on their way out of voting.
Recently, six organizations filed this amicus curiae brief, asking the Court to hear the case. The organizations are: The Marion B. Brechner First Amendment Project (part of the School of Journalism at the University of Florida); the Rutherford Institute; National Voter Outreach; The Initiative & Referendum Institute; Citizens in Charge Foundation; and the Brechner Center for Freedom of Information.
As noted before, the U.S. Supreme Court has asked Florida to file a response, so the Court is somewhat interested in this case. Florida’s response is due March 19. Florida’s government refused consent for the amicus brief to be filed, so the organizations are asking the U.S. Supreme Court for permission to file their brief. Florida’s refusal to grant consent is unusual; typically both sides give consent for other groups to file amici briefs.
It would seem that state legislatures could repeal secret ballot laws. Do any states have the Australian/Mass. ballot entrenched in their state constitution? If the secret ballot were in the state constitution, then could a state legislature still repeal it?
I believe quite a few state constitutions have the secret ballot guaranteed.
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The secret ballot stuff came about after the Civil War due to the EVIL party hacks watching how the voters voted — wrong vote = purge of job or worse.
The WAR for REAL Democracy continues — against the EVIL party hacks — EVIL and vicious monarchs / oligarchs.
#4 Balloting was required in congressional races beginning in 1872. Some States at that time (Kentucky at least) used voice voting.
A few years earlier, when Congress had imposed regulation of the manner in which legislatures elect senators, there was a debate about whether legislators should vote openly by voice or by secret ballot.
Many of the US Senators brought there own experience into the debate. They would note that in their state, the legislators had always voted by secret ballot. Or they would say that we always vote by voice, just like our citizens do when electing legislators or US representatives.
The use of secret ballots appears to be more the tradition in New England, while voice voting was more the tradition in the South.
Ultimately, Congress decided to require voting for Senators to be by voice.
http://en.wikipedia.org/wiki/Secret_ballot
One more step in the WAR for REAL Democracy.
Has the SCOTUS ever ruled directly on the constitutionality of the secret ballot in federal elections?