podesta-emails
[big campaign] Project Vote Media Memo - Law Enforcement Used To Suppress The Vote
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FYI. This is probably very useful to spread around... pasted and attached.
*To:* Reporters
*From:* Michael Slater, Executive Director
*Contact:* Sarah Massey: 202.445.1169
*Date:* October 30, 2008
* *
* *
*Law Enforcement Used to Suppress the Vote:
It happened in 2004 and 2006, and it may be happening in 2008*
In the 2008 election Americans may once again be seeing law enforcement
turned into a tool of voter suppression.
It is illegal for law enforcement agents to use their authority to attempt
to intimidate or suppress the vote. Section 11(b) of the Voting Rights Act
(VRA) of 1965 states that no person " whether acting under color of law or
otherwise," shall intimidate, threaten, or coerce any individual for voting
or attempting to vote, or for attempting to assist others to vote. Section
12 of the National Voter Registration Act (NVRA) of 1993 provides for
criminal penalties against any person who intimidates or attempts to
intimidate any person for registering to vote, voting, or attempting to
register or vote.
In the past few weeks, however, partisan forces have manufactured hysteria
around the myth of "voter fraud" that they have used to help goad
law-enforcement into intimidation and politically motivated investigations
into eligible voters. As the election approaches Project Vote and other
voting rights organizations are seeing law enforcement officials inserting
themselves into election administration, and partisan pressure to coerce law
enforcement agents into overreaching investigations into the eligibility of
legal voters.
This climate of suppression and intimidation is all the more troubling
because Americans have seen this happen before. In 2006 inquiries into the
firings of nine U.S. Attorneys exposed the politicalization of the Justice
Department, in which law enforcement's traditional role of protecting
citizen rights was perverted to serve a partisan agenda of voter
suppression. The resulting
investigation<http://www.usdoj.gov/oig/special/s0809a/final.pdf>and
scandal revealed how trumped-up charges of "voter fraud" were used in
2004 and 2006 to pursue a cynical strategy of intimidation by law
enforcement that was designed to hamper voter registration efforts and
suppress turnout at the polls.
* *
*New Mexico** GOP Reportedly Investigating New Latino Voters*
The day after Republican presidential candidate John McCain attempted to
link his opponent to wild allegations about voter registration fraud,
members of the New Mexico Republican Party held a press conference in which
they presented voter registration cards for ten voters they claimed cast
ballots illegally in the New Mexico primaries. Nine of the ten voters were
Latino, all identified as Democratic, and most were 18-19 years old. One of
them was a new citizen naturalized in 2007 who was voting for the first
time.
Following the press conference ACORN made contact with eight of the ten
voters named, and discovered that they were all legitimate
voters<http://acorn.org/index.php?id=12439&tx_ttnews%5btt_news%5d=22396&tx_ttnews%5bbackPid%5d=12346&cHash=c99727e877>who
were eligible to vote and had no problems with their registrations.
As reported in an Associated
Press<http://newmexicoindependent.com/6457/nm-gop-accused-of-voter-intimidation>story
last week, two of the voters named have also reportedly been harassed
by private investigators. Guadalupe Bojorquez of Albuquerque spoke out
Thursday about a private investigator who came to her home to question her
family about their right to vote, claiming to be working for the law firm of
Pat Rogers. Rogers is a GOP attorney who is conspicuously mentioned in the
DOJ Office of the Inspector General's report on the Attorneygate
investigation as one of the key players in New Mexico who put pressure on U.S.
Attorney David Iglesias<http://www.nytimes.com/2007/03/21/opinion/21iglesias.html>to
investigate alleged "voter fraud" cases.
On October 27 Project Vote joined a class action lawsuit filed by the
ACLU<http://www.aclu-nm.org/News_Events/news_10_27_08.html>alleging
that members
of the GOP illegally used private social security numbers to do background
checks of these legal voters and illegally disseminated their confidential
voter information to the press. The lawsuit also names the private
investigator, Al Romero, for using voter registration information to locate
voters and question them about the legitimacy of their registrations.
*Overreaching Sheriff's Department Investigation in Greene County, Ohio*
* *
In Ohio, Greene County sheriff Gene Fischer announced two weeks ago that he
was "seeking information" about hundreds of people who registered to vote
and cast a ballot during Ohio's five-day window of same day registration and
voting.
Despite recent rulings from four different federal and state courts
upholding the lawfulness of Ohio's five-day window, from September 30 to
October 5, in which voters could register and cast an absentee ballot on the
same day, the County announced they were attempting to "determine whether
there was any voter fraud or not," according a quote in an Associated
Press<http://ap.google.com/article/ALeqM5geyQ4hwq9tXm0GHfD0XuAbKFXM7gD93NB0D00>story
from Tom Miller, chief of the prosecutor's civil liberty division.
Fischer claimed to have been "flooded" with phone calls about alleged voter
fraud, yet no actual evidence for an investigation was given. "No one is
alleging voter fraud was occurring," Miller admitted.
Following public outcry and media attention, the Greene County prosecutor's
office announced that that investigation had been cancelled.
*Overreaching Prosecutor's Investigation in Hamilton County, Ohio*
* *
Also in Ohio, county prosecutor Joe Deters initiated a grand jury
investigation and issued subpoenas for unredacted personal information on
40% of the 671 new voters who cast ballots during Ohio's five-day window of
same-day registration and voting. Deters—citing unspecified allegations of
"voter fraud"—launched the investigation and took it upon himself to conduct
some attempt to match these voters to government databases and investigate
those he determined had problems .
The Hamilton County election board says the complaints of fraud did not come
from local election officials, and a spokesman for the Secretary of State's
office says they are "unaware of any specific allegations of illegal voting
out of that county."
"I can't get past the feeling that this is just a partisan thing,'' Tim
Burke, a member of the Hamilton County Board of Elections told the Cincinnati
Enquirer<http://communitypress.cincinnati.com/article/AB/20081020/NEWS0106/310200039>."I
just don't believe this is anything but partisan politics."
Deters, who also serves as Southwest Ohio chair of the McCain-Palin
campaign, removed his office from the investigation amid accusations that
the investigation was partisan in nature, and asked that a special
prosecutor, O'Neill, be appointed. O'Neill, a Republican, formerly worked
for Deters, according to the Enquirer.
*Wisconsin Attorney General Sues Government Accountability Board*
* *
Last month, the Republican Attorney General of Wisconsin, J.B. Van
Hollen—who is also co-chair of that state's McCain-Palin campaign—filed a
lawsuit against the state's Government Accountability Board to force them to
cross-check more than 240,000 voter registrations against driver's license
records. The impact of the lawsuit would have been to force the voters to
use provisional ballots, calling their votes into question and tying up the
polls on Election Day.
A judge ruled against Van Hollen's lawsuit, but he and the Wisconsin
Republican Party intend to appeal.
*Wisconsin** GOP Issues a Call for Intimidating Poll Watchers*
Also in Wisconsin, the GOP issued a call to policemen, security personnel,
and firefighters to serve as "volunteer poll watchers "in inner city
precincts. According to the Washington
Post<http://voices.washingtonpost.com/the-trail/2008/10/14/a_wis_call_for_gop_poll_watche.html>
"Jonathan Waclawski, the party's election day operations, wrote in a Sept. 8
e-mail that he needed contact information for people "who would potentially
be willing to volunteer ... at inner city (more intimidating) polling
places. Particularly, I am interested in names of Milwaukee area veterans,
policemen, security personnel, firefighters etc. ... If you have any
connections with such organizations, please pass that information on."
The move is reminiscent of a disturbing history of attempts to intimidate
voters in predominantly minority precincts. In a 2004 report to the Center
for Voting Rights and Protection entitled "Republican Ballot Security
Programs: Vote Protection or Minority Vote Suppression—Or
Both<http://projectvote.org/fileadmin/ProjectVote/Blog_docs/GOP_Ballot_Security_Programs.pdf>?",
scholars from Rice University discuss the history of what they call "ballot
security programs gone bad" which, in the name of protecting against vote
fraud, are intended to have a chilling effect on voting in "almost
exclusively target heavily black, Latino, or Indian voting precincts."
During the gubernatorial race in Kentucky in 2003, for example, the GOP
issued a "Gubernatorial Election Integrity Call to Arms," very similar to
Waclawski's, calling for 300 monitors to challenge voters in
African-American and low-income Louisville precincts. In Orange County,
California in 1988, for example, private uniformed security personnel were
hired by the GOP to monitor heavily Latino precincts; according to the
report, their presence "created a firestorm of protest and set in motion a
year-long federal investigation, a civil lawsuit, and new legislation making
the hiring of uniformed guards at polling places in California on Election
Day a felony."
* *
*More Partisan Politics from the DOJ?*
* *
On October 16 an Associate Press story appeared in which anonymous "senior
law enforcement officials" leaked news of an FBI investigation into the
voter registration fraud allegations surrounding the community organization
ACORN. The timing of the FBI leak and investigation—following less than 24
hours after the last presidential debate, in which the Republican
presidential candidate John McCain—were viewed with suspicion by many,
including the chair of the House judiciary committee, Rep. John Conyers,
Jr. (D-MI).
That same day Conyers sent a
letter<http://www.talkingpointsmemo.com/docs/conyers-mukasey/?resultpage=1&>to
Attorney General Michael Mukasey and FBI Director Robert Mueller,
expressing "shock and disappointment" that the FBI has opened and leaked an
investigation into ACORN, "a longstanding and well-regarded organization
that fights for the poor and working class." Conyers pointed out that both
the investigation and the leak contradict longstanding DOJ policy about the
"need for cautious and sensitive handling of election-related matters during
the run up to voting," and cited a traditional principle requiring that
prosecutors "must refrain from any conduct which has the possibility of
affecting the election itself."
"In the wake of recent controversies regarding the intrusion of partisan
politics into Department business," Conyers wrote in a second letter to
Mukasey and Mueller<http://judiciary.house.gov/News/PDFs/Conyers-Nadler-Sanchez081020.pdf>on
October, "it is troubling to repeatedly learn of repeated federal
involvement in apparently dubious investigations against
Democratic-affiliated or liberal organizations, but to see no sign of
federal concern over an apparently legitimate and serious matter of true
fraud that risks concrete electoral impact."
###
*Project Vote is a national nonpartisan, nonprofit organization that
promotes voting in historically underrepresented communities. Project Vote
takes a leadership role in nationwide voting rights and election
administration issues, working through research, legal services, and
advocacy to ensure that our constituencies are not prevented from
registering and voting*
* *
--
Nathan Henderson-James
Director, Strategic Writing and Research Department
Citizens' Services, Inc. (CSI)
510-213-1970 cell
[email protected]
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