Georgia Code Title 21. Elections § 21-2-414 vs Burson v. Freeman, 504 U.S. 191 (1992)

[postman]

The Georgia law says

(a) No person shall solicit votes in any manner or by any means or method, nor shall any person distribute or display any campaign material, nor shall any person solicit signatures for any petition, nor shall any person, other than election officials discharging their duties, establish or set up any tables or booths on any day in which ballots are being cast:

(3) Within 25 feet of any voter standing in line to vote at any polling place.

Burson v. Freeman, 504 U.S. 191 (1992) only upheld extending that exclusion zone to within 100 feet
of a polling place. [Tennessee Code §§ 2-7-111(b) preventing campaigning - through verbal speech, signs, pamphlets, or other materials - within 100 feet (30 m) of a polling place.]

They allowed but questioned that distance.

Blackmun wrote in his opinion that "We simply do not view the question whether the 100-foot boundary line could be somewhat tighter as a question of constitutional dimension...The state of Tennessee has decided that these last 15 seconds before its citizens enter the polling place should be their own, as free from interference as possible. We do not find that this is an unconstitutional choice."

If the lines in Georgia extend beyond the 100 feet allowed under Burson, then that part of the law would be a 1st amendment violation and unconstitutional.

Opinions?

 

[martybegan]

The Georgia law says

(a) No person shall solicit votes in any manner or by any means or method, nor shall any person distribute or display any campaign material, nor shall any person solicit signatures for any petition, nor shall any person, other than election officials discharging their duties, establish or set up any tables or booths on any day in which ballots are being cast:

(3) Within 25 feet of any voter standing in line to vote at any polling place.

Burson v. Freeman, 504 U.S. 191 (1992) only upheld extending that exclusion zone to within 100 feet
of a polling place. [Tennessee Code §§ 2-7-111(b) preventing campaigning - through verbal speech, signs, pamphlets, or other materials - within 100 feet (30 m) of a polling place.]

They allowed but questioned that distance.

Blackmun wrote in his opinion that "We simply do not view the question whether the 100-foot boundary line could be somewhat tighter as a question of constitutional dimension...The state of Tennessee has decided that these last 15 seconds before its citizens enter the polling place should be their own, as free from interference as possible. We do not find that this is an unconstitutional choice."

If the lines in Georgia extend beyond the 100 feet allowed under Burson, then that part of the law would be a 1st amendment violation and unconstitutional.

Opinions?

The opinion says 100 feet is A-OK, it doesn't automatically make more than 100 feet unconstitutional.

 

[postman]

The opinion says 100 feet is A-OK, it doesn't automatically make more than 100 feet unconstitutional.

Blackmun questioned if 100 feet was too far, but said that quibbling over if the distance could be shorter wasn't a constitutional question. Their allowing 100 feet but preferring a shorter distance, would certainly suggest 1,000 feet, or 2,000 feet or more to be clearly unconstitutional

 

[postman]

 

[martybegan]

The opinion says 100 feet is A-OK, it doesn't automatically make more than 100 feet unconstitutional.

Blackmun questioned if 100 feet was too far, but said that quibbling over if the distance could be shorter wasn't a constitutional question. Their allowing 100 feet but preferring a shorter distance, would certainly suggest 1,000 feet, or 2,000 feet or more to be clearly unconstitutional

All this does is expand a "bubble" around a person waiting in line to vote.

 

[postman]

Georgia law makes putting up signs hundreds of feet from the polling place illegal, if the line stretches to where the signs are.

Clearly such a law can't be constitutional. Just from the standpoint of being vague. As it depends on how people chose to line up, and not some previously knowable measure.



This would be illegal in Georgia.

 

[postman]

All this does is expand a "bubble" around a person waiting in line to vote.

That's the point. What if voters by choice or chance, line up in front of a RNC or DNC headquarters, or anywhere there are election signs?

Clearly the arbitrary nature of lines, can't be reflected in a constitutionally acceptable law.

 

[TNHarley]

I think its hilarious how people are freaking out over this decent law.

 

[postman]

I think its hilarious how people are freaking out over this decent law.

When a law has such unintended consequences, it should be overturned as a violation of the 1st amendment or constitutional vagueness.

 

[TNHarley]

I think its hilarious how people are freaking out over this decent law.

When a law has such unintended consequences, it should be overturned as a violation of the 1st amendment or constitutional vagueness.

I agree. I dont see this law in the negative light you do.

 

[martybegan]

All this does is expand a "bubble" around a person waiting in line to vote.

That's the point. What if voters by choice or chance, line up in front of a RNC or DNC headquarters, or anywhere there are election signs?

Clearly the arbitrary nature of lines, can't be reflected in a constitutionally acceptable law.

The polling place can designate the direction of the lines. Also parts of this law are designed to reduce lines, something glossed over by dems.

 

[meaner gene]

The polling place can designate the direction of the lines. Also parts of this law are designed to reduce lines, something glossed over by dems.

Why do we only hear about long lines in big cities? Aren't they required to have enough polling places, voting machines, early voting days, and other methods to keep the lines short?

 

[martybegan]

The polling place can designate the direction of the lines. Also parts of this law are designed to reduce lines, something glossed over by dems.

Why do we only hear about long lines in big cities? Aren't they required to have enough polling places, voting machines, early voting days, and other methods to keep the lines short?

They can't make people vote in given time slots, and you can't size a polling place for the max surge with the volunteers you get to run the polls.

 

[meaner gene]

Why do we only hear about long lines in big cities? Aren't they required to have enough polling places, voting machines, early voting days, and other methods to keep the lines short?

They can't make people vote in given time slots, and you can't size a polling place for the max surge with the volunteers you get to run the polls.

This isn't rocket science. They know when people come to the polls in large numbers, from the last election, and the one before that. They run their polling places like the post office, where the window clerks go to lunch around noon, which is when a lot of people run to the post office.

They should take a lesson from fast food places like McDonalds. Who know people come there for breakfast, lunch and after work, and they try to staff to keep the lines short.

 

[martybegan]

Why do we only hear about long lines in big cities? Aren't they required to have enough polling places, voting machines, early voting days, and other methods to keep the lines short?

They can't make people vote in given time slots, and you can't size a polling place for the max surge with the volunteers you get to run the polls.

This isn't rocket science. They know when people come to the polls in large numbers, from the last election, and the one before that. They run their polling places like the post office, where the window clerks go to lunch around noon, which is when a lot of people run to the post office.

They should take a lesson from fast food places like McDonalds. Who know people come there for breakfast, lunch and after work, and they try to staff to keep the lines short.

McDonald's are permanent, all year profit motive driven enterprises. Polls are 1 day or at most 2-3 day affairs in temporary furnishings with zero profit motive.