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New voter ID laws could delay outcome of close election

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    Judge Andrew Napolitano explains new 'burden' on election officials

  • Duration 3:15
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New concerns about voter ID -- in key states could hit new guidelines make for a long night on election night.

And in -- college -- of the judges in the house tell you do and our Fox News.

Senior judicial analyst now I'm hungry for vacant general soon -- -- another what's going on here what's the difference now because these new -- they say -- well let the law in the laws in many states in the Supreme Court has upheld this is being reasonable to assure.

That vote tabulations and election that are accurate accurate.

Require.

And ID issued by the government sober person shows happen and they have always voted this place -- always -- that this address.

But they don't have the ID.

They can cast a provisional ballot now comes the problem.

What do the election officials do with provisional ballots well in some states.

They will count the provisional ballots as soon as they can verify that this person.

Is the person they claim to be even though they didn't have an idea -- In some states they will not camp the provisional ballots unless that race and that state is so close that the provisional ballots -- counted could affect the outcome.

Supreme Court has said these rules have to be uniforms -- -- the state they can differ from state to state.

But within a state they have to be uniform this is the first time.

That election officials have had this kind of burden okay -- guy can start to see it -- -- this is a separate pile of both will be larger in the provisional ballot.

Pile than we have seen before yes because people are likely to show up and and the election official would say.

I know your Bill Hemmer I know you live in such and such an adversary you know you're -- -- registered here but without the ID.

I can only let you vote got a good look at what we're gonna cover our rear let you do that now what -- the Supreme Court -- 2000 bush V gore.

That whatever the state does it has to do it uniformly.

So they can't for example in one end of a state.

Quickly count the provisional ballots because they recognize that voter but in another end of the state.

Take their time and verify who the voter was they have to be the same.

Throughout the entire state I -- they do it in one part quickly in another part slowly.

They're violating the rights of the voter in the part of the state where they did it slow.

So get rid of a butterfly ballots which has been done by the way right now listen will this deter fraud.

Well get rid of folks -- are not I do you think it will deter fraud it will deter people from voting who are not registered.

But it may cause all of us to work very early in to -- morning.

Of the Wednesday after Election Day because it's gonna slow down the final official tabulations.

Remember the process were happening.

Does not happen in 1 central location through at any given state it happens and hundreds in some cases thousands of precincts.

And they ought to do the same thing at the same or even beyond -- races are that close I don't even say that bill -- rather -- of sort of house are we hard work it.

How many states are we talking about.

That could be impacted by these animals a dozen.

Well and yes some as large as Texas.

Don't judge.

You're watching Forrest -- -- it's my job -- OK but it -- sooner I'd bring the bacon Nextel Cup I think you got a great.