0
The Court has spoken clearly about the nature of the right to vote.
REYNOLDS v. SIMS, 377 U.S. 533 (1964)."Undoubtedly, the right of suffrage is a fundamental matter in a free and democratic society. Especially since the right to exercise the franchise in a free and unimpaired manner is preservative of other basic civil and political rights, any alleged infringement of the right of citizens to vote must be carefully and meticulously scrutinized."
The Court discussed the fundamental nature of the right in Bush v. Gore, 00-949, as follows:
Emphasis added.The individual citizen has no federal constitutional right to vote for electors for the President of the United States unless and until the state legislature chooses a statewide election as the means to implement its power to appoint members of the Electoral College. U.S. Const., Art. II, §1. This is the source for the statement in McPherson v. Blacker, 146 U.S. 1, 35 (1892), that the State legislature’s power to select the manner for appointing electors is plenary; it may, if it so chooses, select the electors itself, which indeed was the manner used by State legislatures in several States for many years after the Framing of our Constitution. Id., at 28—33. History has now favored the voter, and in each of the several States the citizens themselves vote for Presidential electors. When the state legislature vests the right to vote for President in its people, the right to vote as the legislature has prescribed is fundamental; and one source of its fundamental nature lies in the equal weight accorded to each vote and the equal dignity owed to each voter. The State, of course, after granting the franchise in the special context of Article II, can take back the power to appoint electors. See id., at 35 (“[T]here is no doubt of the right of the legislature to resume the power at any time, for it can neither be taken away nor abdicated”) (quoting S. Rep. No. 395, 43d Cong., 1st Sess.).
The Bush v. Gore Court went on to discuss how the Fourteenth Amendment prevents the denial of that fundamental right:
Emphasis added.The right to vote is protected in more than the initial allocation of the franchise. Equal protection applies as well to the manner of its exercise. Having once granted the right to vote on equal terms, the State may not, by later arbitrary and disparate treatment, value one person's vote over that of another. See, e.g., Harper v. Virginia Bd. of Elections, 383 U.S. 663, 665 (1966) (“[O]nce the franchise is granted to the electorate, lines may not be drawn which are inconsistent with the Equal Protection Clause of the Fourteenth Amendment”). It must be remembered that “the right of suffrage can be denied by a debasement or dilution of the weight of a citizen’s vote just as effectively as by wholly prohibiting the free exercise of the franchise.” Reynolds v. Sims, 377 U.S. 533, 555 (1964).
Well, the Florida Legislature has spoken very clearly about requirements to register to vote in Florida. Section 97.041(1), Florida Statutes, provides when a person may register to vote.
(a) A person may become a registered voter only if that person:
1. Is at least 18 years of age;
2. Is a citizen of the United States;
3. Is a legal resident of the State of Florida;
4. Is a legal resident of the county in which that person seeks to be registered; and
5. Registers pursuant to the Florida Election Code.
(A person who is otherwise qualified may preregister on or after that person’s 16th birthday and may vote in any election occurring on or after that person’s 18th birthday.
Subsection 2 sets forth when a person cannot register:
(2) The following persons, who might be otherwise qualified, are not entitled to register or vote:
(a) A person who has been adjudicated mentally incapacitated with respect to voting in this or any other state and who has not had his or her right to vote restored pursuant to law.
(
So if the corporation is 18 years old, is a US citizen residing in a county in the State of Florida as a legal resident, who registers pursuant to the Florida Election Code, it would be denial of a fundamental right for the state to refuse to allow that corporation to register to vote.
Lets take a look at the National Association for Stock Car Auto Racing (NASCAR)
Is NASCAR 18 years of age or more? Yes, NASCAR came into existence on February 21, 1948.
Is NASCAR a citizen of the United States? Excuse me? We're talking NASCAR. NASCAR IS the United States.
Is NASCAR a resident of the State of Florida? You betcha, with principle address at ONE DAYTONA BOULEVARD
DAYTONA BEACH FL 32114 US.
Is NASCAR a resident of the County in which it seeks to be registered? As long as NASCAR seeks to be registered in Volusia County, FL, the answer is "yes".
Would NASCAR register pursuant to the Florida Election Code? You better believe it, Bubba. The standard voter registration form is a breeze, and NASCAR has the best and brightest among us working for them.
So how can we deny NASCAR its fundamental right to vote? Isn't denial of NASCAR's right to vote really a blow struck against Patriotism, if not against the United States of America itself?
Why shouldn't NASCAR be allowed to vote, and upon what legal basis can NASCAR be denied the right to vote?
