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Re: Where is the law
Posted: Thu Nov 10, 2011 12:20 am
by randywallace
Wingman wrote:
Randy, I can't get that link to work.
Try this one
http://government.westlaw.com/msag/
and type 94-0424 as the search term. That will bring it up.
Re: Where is the law
Posted: Thu Nov 10, 2011 7:36 am
by Agua
Rob, tell ya what I'll do. I'll call the DOJ voting rights division and just ask one of the staff attorneys if there is anything in the 65 act or regs which touch on this. It really would take too much time and effort to research the thing, especially if your clerk is just plain wrong.
Re: Where is the law
Posted: Thu Nov 10, 2011 9:39 am
by Agua
Okay, made a quick call to the Voting Section of DOJ and the Staff Attorney advised that the intimidation statute is 42 USC 1973, but that there is nothing but the broad language of "shall not intimidate". He said there were no regulations which were specific to a firearm in a polling place either. I looked through the case notes following the statute and there's surprisingly few decisions dealing with the intimidation subsection, and absolutely none which deal with a firearm in a polling place.
So absent there being some specific regulation which the DOJ attorney was unaware of, your Circuit Clerk is wrong. Hell, she may have been unlawfully trying to deny you your right to vote.
