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Keywords

2002, Help America Vote Act of 2002, HAVA, Help America Vote Act

Abstract

This Comment examines whether the Anti-Fraud provision provides a fair scheme for the identification process during voter registration, or if it inherently violates certain fundamental rights and freedoms of American citizens who wish to cast their ballot. This Comment conducts a historical assessment of the institution of voting, examines the standard of review used by courts to determine whether a law violates a citizen's constitutional right to vote and analyzes whether the Anti-Fraud provision is the appropriate means required to achieve its stated objective of decreasing voter fraud. This Comment argues that discriminatory infringements on voting rights need to be eliminated because the right of the citizenry to cast their vote in a federal election serves as the basis for all other rights.

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