Legalese Loopholes

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By Patricia L Johnson and Richard E Walrath

Why did Hillary Clinton win Indiana by such a small margin? 

Senator Clinton had to come from behind in order to win by any margin in Indiana.  Senator Obama had a substantial lead there a few weeks before the primary.  He got almost all of the black voters and did better than usual among white voters.  In the area near Chicago (Lake County, IN) he did especially well. 

The media would have you believe that Clinton failed with such a narrow win in Indiana.  As recently as the day before the primary, the Financial Times reported it was Obama that had to win both Indiana and North Carolina in order to claim the nomination.  He didn’t do it.  No matter how they slice and dice it, neither candidate has enough to win the nomination and until someone does get the necessary delegates, it’s an open race.

What is interesting about the Indiana results is the fact the United States Supreme Court issued a 6-3 favorable decision on Indiana’s requirement that a photo ID is necessary before a person is eligible to vote.  The SC decision was made on April 28, 2008.

On that same date, Indiana’s Secretary of State sent a letter to all candidates appearing on the May 6, 2008  ballots.  Included in this letter was the statement that although the photo ID requirement was necessary for voters who voted in-person, it was not necessary for absentee voters.

"The photo ID requirement applies to voters who vote in-person, either at their polling location or the designated locations for absentee in person.  Voters who quality to vote absentee by mail, or absentee by traveling board will not be required to show photo ID."

There were 317,979 new voter registration applications since the 2006 General Election, and a total of 173,525 Indiana voters voted by absentee ballot on May 6, 2008.

How many of the 173,525 absentee voter were legal?


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