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MMLU / A write-in candidate is a Mexican-American and is of the opinion that he needs a…

Problem

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question

A write-in candidate is a Mexican-American and is of the opinion that he needs a large turnout of Mexican voters in order to win the election. As a result, his campaign manager, decides to mail to every registered Mexican voter a tear-off sticker, which bears the candidate's name and office for which he is running. Since many native Mexican people are not proficient in reading and writing English, the campaign manager believes that many of the voters will have difficulty writing the candidate's name and office on the ballot. As a result, the campaign manager has mounted an extensive media campaign to inform voters on how to apply the stickers to the ballot. Five months prior to the election an election official notifies the candidate's campaign committee that the tear-off stickers do not comply with the state statute. In her letter, the official explains that state election officials are of the opinion that it is necessary for potential voters to write the candidate's name in ink. Therefore, she concludes that the stickers do not comply with statutory requirements. Three weeks later, the candidate filed suit in federal district court against state election officials claiming that their interpretation of the state statute violates the U. S. Constitution. Which of the following, if established, sets forth the strongest constitutional argument supporting the election official's interpretation of the statute?

choices

  1. Voter turnout among registered Mexican American voters who lack proficiency in English has been less than 1% of the entire state total in recent elections.
  2. A state statute requires that each voting booth be equipped with an ink pen to facilitate the writing in of votes.
  3. Since large numbers of write-in votes generally increase the time needed to count all votes, it is necessary to cast such votes in a uniform manner.
  4. The potential for voting fraud is substantially greater with preprinted stickers.

subject

professional_law

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