South Dakota: Judge Orders GOP To Halt Intimidating Poll Tactics

[Monte51Coleman]

www.argusleader.com/news/Tuesdayarticle1.shtml

Judge orders GOP to halt poll tactics

Mike Madden
Argus Leader Washington Bureau

published: 11/2/2004

Daschle sues to stop 'intimidation' of Indians

Republican poll workers in Lake Andes were intimidating Native American voters on Monday, a federal judge ruled early today.

Republicans may not write down license plate numbers or follow Native Americans from polling places during today's election, U.S. District Judge Lawrence Piersol ruled in a temporary restraining order.

The ruling comes after Democratic Sen. Tom Daschle sued his opponent, John Thune, and the GOP in federal court in Sioux Falls on Monday, asking Piersol to stop what Democrats say was intimidation of voters.

"This ruling will hopefully ensure that every legitimate voter can vote free of intimidation on Election Day," said Daschle spokesman Dan Pfeiffer.

Piersol, whom Daschle chose for the federal bench, released his opinion about 1:45 a.m. today after hearing one witness from each side.

Daschle is depending on heavy turnout from Native American voters to win an expected close election.

Republicans had not decided whether to appeal, as of early today.

"It's a total joke," said Dick Wadhams, Thune's campaign manager. "What you've got is a situation where there is no credible evidence presented and the judge bent over backward for his long-time political pal."

Daschle charges that GOP poll observers have been crowding voters, making notes as they voted and writing down license plate numbers of cars bringing them to vote.

Reporter Mike Madden covers Congress for the Argus Leader. Reach him at mmadden@gannett.com.

[gbear]

Somebody earlier was saying it wasn't going to be intimidation...well I can understand having my car ID written down and then being followed home from voting being perceived as intimidation. Does anyone disagree?

Now that being said...one over zealous "Chellenger" doesn't make intimidation. This is what I was worried about in OH given the court ruling earlier today. I'm surpried to see it come up in SD.

[Thiebear]

How is it even POSSIBLE:

Piersol, whom Daschle chose for the federal bench , released his opinion about 1:45 a.m. today after hearing one witness from each side.

If they guy put you in office how can you be the judge in the case? Don't you HAVE to recuse yourself due to him appointing you?

***edit*** not into voter intimidation either.. if your caught following people home, your license and description should go to the police...

[gbear]

Thiebear, do you disagree with his ruling that a party can not obviously take down license info and follow voters home?

Aren't federal benches usually confirmed? Senate members get to pick members of the judiciary instead of confirm?

[Thiebear]

3 minutes before I gave my answer.... as an edit: you were still typing at the time ;).

I think EVERY single person found trying to commit fraud should go straight to jail for at least 30 days, lose their ability to vote and get several years of probation...

[Predicto]

Judges are recommended by homestate senators, nominated by the President, and confirmed by the complete Senate.

[aREDSKIN]

JOHN THUNE TO CHALLENGE “SHAM” COURT RULING

This press release was just sent out by the Thune campaign:

JOHN THUNE TO CHALLENGE “SHAM” COURT RULING

SIOUX FALLS –John Thune will appeal the “sham” ruling made late last night by a federal judge with close personal and political ties to Senator Tom Daschle.

“This sham ruling will not stand,” said Thune for Senate campaign manager Dick Wadhams. “Daschle’s desperate move is nothing less than an attempt to steal this election in the dark of night by a political crony in a judge’s robe.”

The testimony presented at the hearing consisted of nothing more than the speculation of a single Daschle operative from Virginia who testified that all he observed was eye-rolling and note taking by observers.

“We will appeal this ruling in the Eighth Circuit Court of Appeals,” Wadhams said. “We are going to order a transcript of the hearing and prove to the people of the State of South Dakota that this hearing was a farce and the decision is not supported by ANY evidence.”

Federal Judge Larry Piersol is a longtime personal friend and political ally of Daschle.

Piersol was Daschle’s personal lawyer in 1978 when Daschle first ran and won a contested election for Congress.

Daschle nominated Piersol for the appointment by President Bill Clinton for the federal judgeship Piersol now holds.

Piersol’s wife, Catherine, is listed as a supporter of Daschle in an ad appearing in today’s Sioux Falls Argus Leader.

http://daschlevthune.typepad.com/daschle_v_thune/

[gstahl]

Okay, I am really confused... I understand the problem with the judge here (though I am not sure that it was not the specific judge who needed to hear the issue, jurisdictionally), but do they really want another judge to say it is okay to write down license numbers or follow people?

People react very negatively to being tracked or follow (I suspect everyone here would). I sure would not want anyone to follow me after voting, I might just get out and sock them. Have folks present photo ID, ensure the ID is valid and there is little more to do. Right?

I should add I expect there is more to the story on both sides that is not being presented.

[gbear]

aRedskin,
look at what the ruling actually prohibits:
"Republicans may not write down license plate numbers or follow Native Americans from polling places during today's election, U.S. District Judge Lawrence Piersol ruled in a temporary restraining order."

IF they weren't doing it to begin with, why the appeal? Are they saying they should be able to do these things? Do you think they should be able to? Enlighten me.

[SnyderShrugged]

The point here is that there was no proof that anyone followed anybody! It's a Daschel political ploy to enrage the local Native Americans enough to vote for him.

It's so transparent it's silly. (not a knock on you gstahl) I've been following the Daschel race for a while. He will lose either way.

[Thiebear]

My biggest issue is: if its not proven then WHY?
Piersol’s wife, Catherine, is listed as a supporter of Daschle in an ad appearing in today’s Sioux Falls Argus Leader.


You have to ensure your above reproach: Not only in the voting polls but as a Judge hearing the case... Its made it seem like a joke already..

[Ghost of Nibbs McPimpin]

THis case is a joke. Besides if it weren't for Becky Red-Earth and her fraud tactics, maybe there wouldn't be extra scrutiny of Native American voters(if there indeed was scrutiny ONLY of them.)

Also, in Philly they had a machine delivered to a polling place with 2,000 votes already counted on it.

And in another place, one of the Rep. poll watchers said the union guys wouldn't give them a poll list so they could cross names off.

Another one, a guy came to vote and someone had already voted in his name.

The only party RELIANT on fraud is the Democratic party because most of these instances occur in Democrat areas. That's not to say there's NO Fraud on the other side, just that they don't rely on it every single damn election.

[Predicto]

Drudge has already backed off about his claim that the polling machines in Philly already had votes on them.

[Ghost of Nibbs McPimpin]

Originally posted by Predicto
Drudge has already backed off about his claim that the polling machines in Philly already had votes on them.

Good. I don't want any recounts, law suits or whining unless they have good evidence that fraud occurred(that's either major party.)

[Thiebear]

Drudge gets to take things back? :) I bet CBS and ABC wish they could... It's nice to be an opinionist and not a news agency...

[Destino]

Sham ruling? This guy is actually fighting for the right to follow voters home? I knew the GOP stood for old time values, but I didn't realize they were talking about THOSE old time values.

[aREDSKIN]

Originally posted by Predicto
Drudge has already backed off about his claim that the polling machines in Philly already had votes on them.


I believe the claim is still valid but it's not as widespead as first reported per MSNBC. Still developing.

[aREDSKIN]

Originally posted by Destino
Sham ruling? This guy is actually fighting for the right to follow voters home? I knew the GOP stood for old time values, but I didn't realize they were talking about THOSE old time values.

Surely you jest. There was no following of anybody. It was rammed through via political cronies to try and score political points with the electorate. I'd suspect even you can see that.