Home |   About Us  Submit a Legal Question to Unequal Justice News Find a Black Attorney | Submit a News Story |   Contact Us  

Your legal right to vote, don't let it be stolen from you.
BlackLegalIssues.com Oct-23-2008 1465 15  BlackLegalIssues RSS Feed RSS Feed    Digg This Article
In 2000, 4-6 million votes were lost in an election that was decided by 537 votes. During the primaries an estimated 41 million votes were cast. In 2004, twenty percent of the electorate had voted before Election Day. It is projected that in this election a third of the voters will have cast their votes prior to Election Day.

What's frightening about this all is that in the first week of early voting we are already hearing about problems with under trained and not enough poll workers, straight party ticket questions, election machinery breakdown, voters wrongly labeled as felons, confusion with voter ID requirements and voters being denied his or her right to vote because they wore Obama paraphernalia. With less than two weeks to go before Election Day, it is important for you to verify your registration, find your correct polling place, have the required ID, or if you recently moved, don't forget to mail in absentee ballot.

Should you not have the required documents in your possession or there is a problem with your voter's registration you may still be allowed to cast what is known as a "Provisional Ballot." A provisional ballot is used to record a vote when there is some question about voter's eligibility. This is due in large part to the Help America Vote Act of 2002 which guarantees that any voter who shows up at the polling place, anywhere in the country, who is not able to cast a regular ballot is given a provisional ballot. Once the election is over the appropriate entity will determine if you were eligible to vote. The question remains, are provisional ballots counted?

This is what concerns me the most. I would simply suggest during the early voting period that instead of casting a provisional ballot try to resolve the problem so that you're able to cast a regular vote by November 4. If your name is not on the election roll, have the Election Judge contact the Secretary of State's office to verify your eligibility to vote so that you are able to case a regular ballot.

In the 2004 elections, 1.9 million U.S. voters cast provisional ballots. According to the Brennan Center, only 64.5% of these provisional ballots were counted. A provisional ballot should be far removed from your thought process at this stage of the elections and should ONLY be considered when there is absolutely no other option to vote.

If you experience a problem during early voting, you can check your registration and get information from your local election officials or get help by calling the Lawyers Committee for Civil Rights under Law ("Election Protection") at 1-866-OUR-VOTE or logging on to www.866ourvote.org. The National Bar Association has once again partnered with Election Protection and will work with the local election officials to ensure that every voter can cast a ballot for the candidate they choose, and that every ballot cast is counted.

Daryl K. Washington is an attorney with the Dallas law firm of Shackelford Melton & Mckinley. He can be contacted by sending him an email at dwashington@shacklaw.net.


Comment On This Article
Name  
Email  
Your WebSite URL (optional)
Comment
 
Comments on this article
POSTED ON 10/23/2008 11:38:01 AM By KW
Very informative email. Knowledge is Power!
POSTED ON 10/23/2008 11:38:25 AM By KW
Greetings Daryl! Thanks again for sharing your website with me. I will certainly pass on this link to others in my network. I think that this article is very timely, especially given the miriad of issues that folks have been reporting all over the country. As the adage goes, "those who do not understand history are bound to repeat it." There is an insidious energy at work right now, to steal the election from the party that is truly about CHANGE! Some of us do remember the stolen election of 2000, and are well aware that it can happen again! Let's all be smart and pass this kind of critical information around. We have been waiting for change in this country since it's inception! "Little by little, the bird makes it's nest" (African proverb) With patience, preparation, hardwork, and preserverance, we may finally see the manifestation of the dream! Keep up the good work! Ms. Sano
POSTED ON 10/23/2008 12:54:41 PM By oayotunde@hotmail.com
Oayotunde, Well written. Thanks very much for your compliments and support. I hope this site can be utilized as source of information that can bring about a change. Beginning in December, we will be featuring the outstanding work of African Americans throughout the United States. I will let you know when the first feature is launched.
POSTED ON 10/23/2008 1:00:33 PM By Daryl
Your site is a great avenue!! Your commentary has placed a challenge for those with "opportunities" so that when it's time to go to the poll and cast their vote, they can get their information corrected so their vote counts. One of things that I learned early in this year's presidential election process is how uninformed people are about the voting process. While in Nevada working on the Obama campaign, people did not have a clue about the caucus process. Although a new process for Nevada, it seemed as if people didn't take the time to be informed and chose to complain instead. When things don't go our way, the average person gives up. They don't press forward to resolve the matter because they think it is bigger than them. I like how you talked about the provisional ballot. Most people are not aware and may not realize that voting provisionally can really fall into that "my vote doesn't count so I am not going to vote". People are quick to settle. I too have heard stories of polling locations with undertrained workers, not enough workers, etc. It's great that you have this site and you can write a commentary but...what about those who do not know about blacklegalissues.com, 866-OUR-VOTE, and other medias to get informed or the correct information? How do we get them informed?
POSTED ON 10/23/2008 1:01:59 PM By Kimberlie
This is great information to know! Great article!!!
POSTED ON 10/23/2008 1:02:39 PM By Maria
Great commentary. Very informative and too the point. I especially like the advice on "what to do" if someone experiences a problem during early voting. Many times issues are raised, but advice is seldom given about "what to do". Due to a lack of knowledge, we suffer. Collectively, we all have to work very hard to get this information out to those who may not read this article. I will start the process by sharing this information with others. Thanks Daryl for your dedication to keep us informed!!!
POSTED ON 10/23/2008 1:27:18 PM By Regina Shaw
Great article! It is inspiring to see how involved we as a people have become in the voting process since there has been an African American candidate for president. It does sadden me however, that for way too many years, we did not take our responsibility to vote serious enough. Your comments on the provisional ballot piqued my interest. It would be very interesting to find out in additiion to the percentage of votes that weren't counted, the reasons that they weren't counted. I agree with those who commented that we need to get the word out. Thank you for starting this process!
POSTED ON 10/23/2008 1:51:15 PM By Nicole
As always, thanks friend for keeping me and the world informed. The information you provided will definitely benefit many out there especially in these cruicial historical times. Thanks for all of your efforts in trying to prevent us from being ROBBED! Crystal
POSTED ON 10/23/2008 2:26:18 PM By
The information given is so extremely important. I for one can not stomach to watch another election reminiscent of that in 2000, where the candidate that wins the popular votes fails to win the electoral votes. The idea that only 64% of provisional ballots were counted in 2004 is unconscionable, which is why the piece written is so important. Many people fear change. As a reslult of that we as voters have to make sure that we are informed, that our basis are covered, and that all of our votes count! I agree that provisional ballots should only be used as a last resort.
POSTED ON 10/23/2008 2:42:45 PM By CCH
Thank you Daryl for spreading this knowledge. I was not aware of this and this type of information is what the general public needs to know. Thanks again
POSTED ON 10/23/2008 3:26:46 PM By Marcus
Great news - too many people will not be counted and I like that you actually advise on what to do rather than just being upset, angry and walk away with 'tude but take corrective action immediately. I suppose there is some luxury in knowing I will vote early and checked last month on my status. Keep up the great efforts and folks definitely share this information with your friends.
POSTED ON 10/23/2008 3:41:00 PM By Nancy
Great information D! This election is so important and it is important to get this information out! Hope you dont mind me directing more people to the site and forwarding your letter to others!!!! God Bless! J
POSTED ON 10/23/2008 8:54:42 PM By JDL
Mr Darryl, Great article! It is so important that "we", especially younger voters, understand how important the voting process is. Yes, i think we all remember the maddness of the previous elections, but I pray to God that the "RIGHT" person is elected into office; the person that will benefit the Americans and TRULLY about CHANGE (hint Obama!!) I never heard of a "Provisional Ballot", although I understand its meaning. Thanks for informing us and giving us advice about what to do if we come across something on Election Day. I also agree with Nancy about WHY the provisional ballots were not counted?? What's up with that? Guess its too late now, but I surely hope that Obama is not cheated out of the White House for something that man tries to construct or mess with. All we can really do is do our part; inform others, vote, pray, and watch the Election coverage that night. I am straight for November 4 and knows exactly where I need to be to vote. Thanks again for this valuable information and I will be more than happy to share it with others. God bless! Jenn
POSTED ON 10/24/2008 12:43:30 AM By Jennipher
It's ironic you wrote an article about the Provisional Ballots because I was just having a conversation with a colleague about this very subject. I was trying to learn more information about it and he had never heard of it. You helped to clear up some unanswered questions I had about provisional voting. Thanks Kevie Kev! (wink wink).
POSTED ON 10/27/2008 12:48:26 PM By Silk
Related Stories
Feb-08-2010 24 0
For 16 years, Loretta Zilinger loathed Dean Cage for what she believed he did to her when she was 15 years old.

Dressed in her immaculate Catholic school uniform, she was on her way to class in October 1994. She heard footsteps coming up behind her. By then, it was too late.

A tall man attacked her, hauled her into an empty building and threatened to kill her. She kept her eyes open as he performed sex acts on her. She used her hands to touch his face; her fingers traced his nose, his eyes and his lips. She wanted to remember him.

Several days later, Chicago police brought her into the meat market where Dean Cage, a tall black man, worked. A police officer instructed her to identify her attacker by gently tapping the officer's arm.

Instead, she wailed frantically. She pointed at Dean Cage. 'I'm innocent'

Cage, then 26, was shocked when the police arrested him.

"I'm innocent," he insisted.

That didn't matter. Two years later in 1996, Zilinger's testimony would convict Cage, sending him to prison for 40 years. Zilinger was absolutely sure. Even his voice sounded like her attacker's, she said.

After four appeals and 14 years in prison, Cage won his freedom. A sample of the assailant's saliva, retrieved from the victim's body in 1994, was the proof he needed. A DNA test, which was not available at the time of the trial, was performed on the saliva and excluded him.

He was determined to start a new life with his family. He hadn't been able to be the husband, father and son he wanted to be during his years in prison. He had postponed wedding his fiance and missed his sons' graduations. When his elderly mother fell ill, he couldn't care for her.

"I thought, 'How could this person say these terrible things about me?' " Cage said. "The people I hung around knew what kind of a person I was, that I wasn't a rapist."

All her fault

Cage was freed from a state prison in Canton, Illinois. Several hundred miles away in Hobart, Indiana, Loretta Zilinger learned the news of his release. She was petrified.

"The first thing I asked [the prosecutor] was to ensure my family would be safe," she recalled.

She cried at work when she learned about the news. She cried in the car ride home. She locked herself in her room and cried some more.

She was convinced the DNA test was all wrong. She was told by the assailant to rub dirt on her naked body, which could have skewed the DNA results, she reasoned.

Meanwhile, Cage's exoneration made the local news. She read comments on news Web sites that called her a terrible person for putting an innocent man with a family behind bars. She ran into people who knew about her ordeal and told her, "It's your fault."

She was angry at her attacker. She spent years in counseling sessions that ate away at her family's savings. She managed to graduate from high school, and then college, despite the nightmares that disturbed her sleep.

The sexual assault affected her relationships with her stepfather and her husband. It was hard to trust men, even her four little boys.

Now that Cage was free, she prayed he would stay away from her.

An unexpected reunion

In November 2009, Zilinger, 31, packed her bags and headed for Los Angeles, California. It was her first visit.

She was going to share her ordeal with the world on the syndicated "Dr. Phil" show. She agreed to appear on behalf of rape victims like herself, who were too scared to speak up.

But Zilinger had no idea the show would offer her the chance to face the man she thought attacked her. During the taping, host Phil McGraw, a psychologist, explained the DNA tests to her.

Then, the show offered to let her meet Cage the next day.

Filled with anger and grief, Zilinger said she would have to think about it. She was still confident Cage's DNA results were incorrect.

Later that night, after talking to her husband of 10 years, she changed her mind. Zilinger's husband had worked as a police officer in Indiana for almost eight years. He knew witnesses made mistakes and that DNA tests were highly accurate.

That conversation was the first time the couple had really discussed the rape. For all those years, Zilinger had kept the attack to herself.

"I eventually knew I had to face him," she said. "I felt guilty that I was responsible for all the years he spent in jail."

It was Cage's first time in Los Angeles, too. The 43-year-old thought he was doing another interview about his exoneration. He didn't expect to see his accuser there.

His two years of freedom with his family had changed Cage. The resentment he held toward Zilinger had faded. He had goals, like finding a job and raising his 3-year-old granddaughter.

The attacker, who has not been found, had ruined both their lives, he concluded. They were both made victims.

On the show's stage, Zilinger and Cage embraced

"I hope you get the closure, and I hope you can find the person who did this," he said to her.

"Can you help me?" she asked.

"Can we help each other?" Cage responded.

Making a difference

Zilinger and Cage are sharing their story to help exonerated people and victims who have misidentified their assailants. Most victims truly believe the exonerated person is guilty despite DNA evidence, according to experts who study wrongful convictions.

They plan to start an organization to educate groups about wrongful convictions and spread their message of forgiveness.

"She was sincere in her apology," Cage said. "I knew it was the right thing to do."

For the first time since the attack, Zilinger no longer lives in fear. She feels at peace, like she has closure, and she wants to help other women reach that point.

"I realized I can't always call myself a victim," she said. "I have to start calling myself a survivor."

She has asked the Chicago Police Department to reopen her case. She wants the DNA evidence that freed Cage to find her attacker.

Since the original taping in November, the two have had lunch together. Cage has met with Zilinger's brother, who is helping him find a better-paying job. Since his release, re-integration into society has been harder than Cage expected. He works a minimum wage job at a barbeque joint to earn rent money for his family.

Things are looking up, though. His wedding has been delayed for 16 years, first by his wrongful arrest in 1994 and recently by the rocky economy.

But Cage plans to marry his fianceé in May -- and he has already invited Zilinger.

Feb-08-2010 10 0
Dr. Conrad Murray, personal physician to Michael Jackson, was charged Monday with involuntary manslaughter in connection with the pop star's death last summer.

A criminal complaint filed earlier in the day alleged that Murray "did unlawfully, and without malice, kill Michael Joseph Jackson."

Murray turned himself in shortly before 4 p.m. at a branch courthouse near Los Angeles International Airport. He pleaded not guilty during a brief hearing before Judge Keith L. Schwartz.

The judge set bail at $75,000, despite arguments from prosecutor David Walgren that Murray is a flight risk.

The judge refused to suspend Murray's medical license as a term of his bond, but he did order him not to use any anesthesia on patients.

"I don't want you sedating people," Schwartz told Murray.

Michael Jackson's family -- including his parents, three of his brothers and one sister -- filled the first two rows of the small courtroom.

The involuntary manslaughter charge means that Murray caused Jackson's death by acting "without due caution and circumspection."

If convicted, Murray would face a maximum four-year prison sentence, according to prosecutors.

More on involuntary manslaughter

Murray traveled to Los Angeles at the end of January from his home in Houston, Texas, in expectation of possible charges, his lawyer said.

He used part of his time last week to visit the pop star's resting place in the Forest Lawn Memorial Park in Glendale, California.

Murray, a cardiologist, was hired as Jackson's personal physician last spring as the singer prepared for comeback concerts in London, England.

The doctor told Los Angeles police that he was with Jackson at his $100,000-a-month rented Holmby Hills mansion through the early morning hours of June 25, 2009, in an effort to help the pop star fall asleep, according to a police affidavit.

He administered sleep aids, and after Jackson finally began sleeping in the late morning hours, Murray said, he left the bedroom for "about two minutes maximum," the affidavit says.

"Upon his return, Murray noticed that Jackson was no longer breathing," it says.

The doctor stayed with Jackson as an ambulance rushed him to UCLA Medical Center.

Efforts at CPR proved fruitless, and Jackson was pronounced dead at 2:26 p.m.

The Los Angeles County coroner ruled Jackson's death a homicide, resulting from a combination of drugs, primarily propofol and lorazepam.

The coroner's statement said Jackson died from "acute propofol intoxication," but there were "other conditions contributing to death: benzodiazepine effect." Lorazepam and two other drugs Murray said he used are benzodiazepines.

The doctor told investigators he had given Jackson three anti-anxiety drugs to help him sleep in the hours before he stopped breathing, a police affidavit said.

Murray had been treating Jackson for insomnia for six weeks at the time of the singer's death. The doctor told investigators he gave Jackson 50 milligrams of propofol, the generic name for Diprivan, diluted with the anesthetic lidocaine every night via an intravenous drip.

The doctor told police he was worried that Jackson was becoming addicted to the drug and tried to wean him off it.

During the two nights before Jackson's death, Murray said, he put together combinations of other drugs that succeeded in helping Jackson sleep.

Feb-07-2010 153 0
Baltimore Mayor Sheila Dixon has received probation before judgment under a plea deal that required her to step down from office.

Dixon declined to address the court as she was sentenced Thursday morning. She resigned. City Council President Stephanie Rawlings-Blake was sworn in as mayor at a noon ceremony.

Dixon was convicted of embezzling gift cards donated to the city for needy families and lying about gifts from her former boyfriend, a prominent developer.

Judge Dennis Sweeney says Dixon is receiving "a heavy penalty -- a badge of dishonor that she will live with for the rest of her life." But Sweeney also says Dixon was fortunate to get the plea deal because the cases against her "were strong if not indeed overwhelming."
Feb-07-2010 150 0
A Houston mother who was arrested Sunday is accused of starving her 8-year-old daughter to death inside an empty apartment.

Halle Smith weighed 15 pounds when she died, and the only photos available of her -- taken at the time of her death -- are disturbing, said Estella Olguin, a Child Protective Services spokeswoman.

“[They are] probably the worst pictures I have ever seen,” Olguin said. “It’s upsetting to look at them.”

Halle was limp and unresponsive when her mother brought her to a hospital emergency room in January 2009. Because Halle was a special-needs child who had to be hooked up to a feeding tube, the investigation took time, as did determining her cause of death, investigators said.

“The officers had to get an autopsy report, complete sets of medical records, and then conduct a thorough investigation to determine if this was, in fact, a deliberate injury,” said Donna Hawkins with the district attorney's office.

Prosecutors said they now believe Halle's mother, Almita Nicole Lockhart, 34, isolated her in an empty secluded apartment off Northborough and did not feed her.

“The medical examiner said her death was a homicide and said it was due to malnutrition and dehydration,” Hawkins said.

CPS said Lockhart is the mother of nine other children. However, when CPS looked into her situation after Halle's death, they said they found none of the children, who are between the ages of 2 to 18, were living at home. Some of them hadn't been in school, CPS said. CPS said it is in the process of terminating Lockhart's parental rights.

“We had concerns because, once we found those children, they were being taken care of by adults who had drugs and weapons in the home,” Olguin said.

CPS said it had visited Halle and Lockhart's home back in 2006 after Lockhart was convicted and served time for illegal drugs.

“When we saw her she appeared healthy. The house was furnished. There was food in the home. The children appeared healthy,” Olguin said. “So something happened in the last two-and-a-half years.”

According to court documents, Lockhart was offered free nursing care for Halley 24-7, but she told them to stay away.

Medical documents show when Halley was 2 she weighed 35 pounds, but that on her last visit to the doctor in 2006 she weighed just 27 pounds. That is the same year CPS visited her home.

At the time of her death, the medical examiner said Halle had lost 40 percent of her body weight and it was clear the mother was "failing to properly nourish" the child.

CPS said it is reviewing what it could have done differently.

“We don’t have the right to just go check up on people, unless we have a new report,” Olguin explained.

She said the agency had not heard anything about Halle’s family for more than two years.
Feb-05-2010 190 0
An anti-abortion group targeting African-American women has begun putting up dozens of billboards around metro Atlanta, declaring black children to be “an endangered species.”

Ryan Bomberger, co-founder of the Radiance Foundation, said 35 should be up by Feb. 15. “We’re aiming for a lot more, but that’s where we’re at,” Bomberger said.

The billboards were announced at a state Capitol news conference at which another group, Georgia Right to Life, announced that it would back legislation this session that would make it a crime to “solicit a woman to have an abortion based on the race or sex of the unborn child.”

The two groups are citing what they say are federal statistics that indicate 56 percent of abortions in Georgia are performed on African-American women, though black make up 30 percent of the general population.
Feb-05-2010 144 0
Did a former Detroit City Councilwoman dine and dash? The owner of a couple of Greektown restaurants testified in U.S. District Court Tuesday that Monica Conyers often walked out without paying her bill.

Greektown Businessman Jim Pappas says Conyers probably owes about $3,000 to the Mosaic restaurant.

Those accusations came Thursday as Pappas testified about his dealings with Conyers and her former chief of staff Sam Riddle, who is on trial in federal court facing extortion and bribery charges.

Pappas said he paid Riddle, former Detroit political consultant, a $10,000 bribe as a favor to Conyers, because she persuaded her husband, Congressman John Conyer, s to support a controversial hazardous waste injection well in Romulus, operated by Pappas.

Conyers pleaded guilty last year to accepting money for her vote on a sludge contract in 2007. The charges against Riddle include that deal.

The government is expected to wrap up its case against Riddle this week.

Riddle stands accused of conspiracy, interfering with commerce by extortion, bribery and making false statements. The government claims he took money from people doing business with the city council or Detroit's pension board.

Riddle says he's not guilty.
Feb-05-2010 265 0
Chief stays, but wrongful-termination suit looms for black group

A judge dismissed a lawsuit to oust the leadership of the nation's oldest black Greek-letter sorority, including its president, former Chicago Housing Authority financial executive Barbara A. McKinzie.

But the Chicago-based organization is headed for trial in a wrongful-termination lawsuit filed by a former staffer who said she was fired for questioning spending and alerting state authorities.

Eight members of Alpha Kappa Alpha Sorority Inc. sued in June to remove McKinzie, claiming she misappropriated millions of dollars in AKA money, using some of it to pay for a wax statue of herself in a Baltimore museum. They also claimed she arranged for a $4,000 monthly stipend to be paid to her after she leaves the traditionally unpaid office. Her four-year term ends this year.

In her ruling Monday in Washington, D.C., Superior Court Judge Natalia M. Combs Greene criticized the plaintiffs for making "hyperbolic allegations riddled with buzzwords."

"Throughout her tenure, Barbara McKinzie has led Alpha Kappa Alpha Sorority Inc. with the utmost integrity and professionalism, and this ruling reaffirms that very fact," said Dale Cooter, attorney for McKinzie.

Plaintiffs' attorney Edward W. Gray Jr. said his clients are reviewing their options.

Meanwhile, the case is still on for a Chicago woman who said she lost her job as meetings director at AKA's Stony Island Avenue headquarters in June for refusing to sign off on McKinzie's expenditures, then complaining to the state's attorney general's office.

Cook County Judge Ronald Bartkowicz recently denied the sorority's request that the wrongful-termination suit be dismissed.

AKA, which has 60,000 paid members, has until Feb. 22 to answer allegations that it fired Kenitra Shackelford-Johnson within a week of her e-mailing a complaint to the attorney general's office last June. In August, the sorority denied any wrongdoing, saying Shackelford-Johnson resigned.

"We have every intention of going forward with this case and don't see any reason why it won't go to trial," said Ruth Major, the lawyer representing Shackelford-Johnson.

McKinzie -- former chief financial officer of the Cook County Forest Preserve District -- hasn't shied away from the spotlight, appearing at the National Urban League 2009 conference in Chicago and addressing a packed Regal Theater to tout a partnership with Coca-Cola Co. during a Sprite Step Off competition last month.
Feb-05-2010 100 0
Ten members of a U.S. missionary group who said they were trying to rescue 33 child victims of Haiti’s devastating earthquake were charged with child kidnapping and criminal association on Thursday, their lawyer said.

Edwin Coq said after a court hearing that a judge found sufficient evidence to charge the Americans, who were arrested Friday at Haiti’s border with the Dominican Republic. Coq attended Thursday’s hearing and represents the entire group in Haiti.

Group leader Laura Silsby has said they were trying to take orphans and abandoned children to an orphanage in the neighboring Dominican Republic. She acknowledged they had not sought permission from Haitian officials, but said they just meant to help victims of the quake.
Feb-05-2010 107 0
Nelson Mandela, fellow veterans of South Africa’s anti-apartheid struggle and family have raised glasses of bubbly to celebrate the 20th anniversary of his release from prison.

Mandela was released Feb. 11, 1990 after 27 years in prison, most of it spent on Cape Town’s Robben Island. In video released from a celebration at his Johannesburg home Thursday, Cyril Ramaphosa, an ANC leader who helped organize Mandela’s welcome two decades ago, proposes a toast in which he says that Mandela remains an inspiration and that the sacrifices he made would never be forgotten.

Mandela’s former wife, Winnie Madikizela-Mandela, and some of their children and grandchildren joined the celebration.
Mandela, who turns 92 on July 18, had largely retired from public life.

>>--More Black Legal News
   
     

All Content © 2008 Black Legal Issues  unless otherwise stated.