Decision by lot
ssafranek at AVEMARIALAW.EDU
Thu Nov 16 11:35:44 PST 2000
After posting a message on decision by lot, I went onto Westlaw to see if
deciding elections by lot was common - it is. A quick review showed that
lot decides elections in many states - WA. St. 28A-305.060, Alaska Statutes
15.20.530, Arizona Statutes 16-649, California Election Code 15651. I
stopped my review there.
Obviously, the Constitution has means for deciding election issues - even if
the states do certain things. But, isn't a state free, as a constitutional
matter, of deciding how elections should be run, votes counted and winners
determined, absent some discriminatory actions by the state? The "by lot"
laws seem to show that the "right to vote" and the "right to have your vote
count" - can be supplanted by a game of chance.
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