|
Edited on Sun Jan-09-05 11:30 PM by kuozzman
The New York Times October 18, 2004 Monday Late Edition HEADLINE: As Election Nears, Parties Begin Another Round of Legal Battles By JAMES DAO COLUMBUS, Ohio, Oct. 15
As the secretary of state of Ohio, J. Kenneth Blackwell, a Republican who is unabashed about his ambition to be governor, has issued a series of rulings on obscure issues like provisional ballots, voting notices to parolees and the weight of registration forms.
To Democrats, who say he has repeatedly tried to disenfranchise Democratic voters with those rulings, Mr. Blackwell is reminiscent of Katherine Harris, the Florida secretary of state who made her name in the chaotic election of 2000. On Friday they challenged him again, filing suit to block a directive they say will require election workers to reject thousands of registrations by first-time Democratic voters.
But Mr. Blackwell's aides say he has been scrupulously evenhanded in his efforts to guard the integrity of voting in this crucial swing state. Each of his directives has followed Ohio law, they say, and most have been guided by one unassailable goal: to prevent fraud. The charges against him, they say, are baseless and political.
The legal combat in Ohio over the fundamental issue of who can vote is recurring in virtually every battleground state this year, in what experts say is fast becoming, in its final weeks, the most litigious, lawyer-fraught election in history.
The two sides have been mobilizing for months, but in recent days the battle has been joined on a number of fronts. In New Mexico, Republicans unsuccessfully sued the Democratic secretary of state to require that most new voters show identification at the polls. In Florida, Democrats have filed 10 election lawsuits against Republican officials. In Pennsylvania, plans by the Democratic governor to have state workers help monitor the election have stirred Republican suspicions. In Colorado, the Republican secretary of state has accused the Democratic attorney general of not aggressively investigating registration fraud.
The clashes have followed a familiar script. Republicans, long suspicious of urban political machines and worried about record levels of new registrations in many swing states, say Democrats have abetted fraud. Democrats, who cite a bitter history of efforts to deny minority and low-income voters the ballot, contend that Republicans are trying to suppress the vote. But thanks to the election of 2000, the attacks this year have been fiercer and the legal mobilization larger than ever, experts say.
''People are determined not to repeat history,'' said Doug Chapin, director of Electionline.org, a nonpartisan research organization. ''The unofficial theme song of this year's election seems to be the Who's 'Won't Get Fooled Again.'''
This week was typical. In Milwaukee, the Democratic mayor requested additional ballots to handle a tide of new voters, but the Republican county executive initially refused, citing concerns about fraud. (The executive later relented.) But prosecutors in Racine, Wis., are now investigating reports of dubious registrations.
Black and Hispanic Republicans criticized a Democratic National Committee handbook found in Colorado. It included a section encouraging Democrats to mount ''pre-emptive strikes'' against Republicans using press releases raising concerns about potential voter intimidation, even if none was detected.
''What that means in clear language is, if there is no evidence of intimidation, which we don't expect there will be because we're not going to engage in it, then make it up and talk about it anyway,'' said Michael Williams, a Republican railroad commissioner from Texas who is black.
Well thanks for clearing that up for us asswipe!
Democrats said the manual simply instructed party workers to publicize the threat of intimidation. And then, as if following their own advice, they took the offensive on the issue.
''For decades, Republicans have engaged in systematic voter suppression and intimidation, from throwing minorities off the voter rolls to ripping up Democratic voter registrations,'' said Jano Cabrera, a spokesman for the Democratic National Committee. ''We make no apologies for fighting these tactics by exposing the dirty tricks when they happen.''
Some of the maneuvering is clearly political spin designed to energize party loyalists while assuring fence-sitting voters that their ballots will count. ''This is as much an organizing tool as a legal tool,'' Mr. Chapin said.
But the legal preparations are very real -- and very large. With more than two weeks to go before polls open, lawyers recruited by the two parties and independent groups have begun flooding into Ohio, Florida, Pennsylvania and other swing states. Already, those lawyers are preparing strategies to challenge new voters at the polls, to keep polling stations open late if lines are long and to demand recounts if victory margins are razor-thin.
The unparalleled preparations are being fueled not only by memories of 2000, but also by a huge surge in voter registration in swing states -- much of it in predominantly Democratic areas. Republicans contend that many of those new registrations are fraudulent, saying thousands of forms submitted by independent groups like Acorn and America Coming Together may have been falsified.
Ohio has emerged as an epicenter for the mobilization. Registration in the state has soared to a record 7.8 million voters, an increase of 700,000 since the beginning of the year. Republicans say about 60 percent of those new registrations are Democratic voters.
With so many new voters, Republicans plan to scrutinize the use of ''provisional ballots,'' which are given to voters whose names do not appear on the rolls, and challenge people whose registrations seem suspect or who have not voted in recent elections. Though Democrats say those challenges will be used to frighten Democrats, Republicans say they will be used judicially.
''How is it intimidating?'' asked Robert T. Bennett, chairman of the Ohio Republican Party. ''Why don't we call it voter honesty?''
Republicans say they have established the most extensive legal operation in their history, recruiting thousands of lawyers to help monitor 30,000 precincts in battleground states. The Bush campaign is also invoking the battle of Florida in 2000 to raise money for potential recount campaigns in swing states.
''This year, I am concerned about similar efforts by those who would try to adjust the outcome of the election after the polls have closed,'' Tom Josefiak, general counsel to the Bush-Cheney campaign, wrote in a recent fund-raising letter. ''This year we may face similar fights not just in Florida, but in Ohio, Michigan, Wisconsin, New Mexico and other critical states.''
Grant Lally, a Republican lawyer from Mineola, N.Y., says he plans to ''deploy'' next week to Ohio, where he will dispense advice on federal law to local lawyers via cellphone and e-mail from a Bush campaign command center.
''The level of organization this year is exponentially greater than in 2000,'' Mr. Lally said. ''What you are seeing this time is both parties organized right down to the precinct level.''
Democrats say they are mobilizing in even greater numbers than the Republicans, having recruited more than 10,000 lawyers to serve as poll watchers or on legal ''SWAT teams'' in swing states. ''We're talking about a huge number of interventions to assure that the process works smoothly,'' said Robert Bauer, national counsel to the Democratic National Committee.
In Ohio, the Democratic legal effort is being run by David Sullivan, on leave from his regular job as counsel to the Democrats in the Massachusetts State Senate. This week, his team won an important battle with Mr. Blackwell, the Ohio secretary of state, when a federal judge ruled that voters in the right county but the wrong precinct could still cast provisional ballots.
Mr. Blackwell has appealed the ruling, saying it will lead to confusion and fraud. Similar Democratic suits are pending in Colorado, Michigan and Florida.
Mr. Sullivan is also helping to assemble teams of Democratic lawyers who will monitor Republican activities at hundreds of heavily Democratic polling stations around the state, mainly in urban areas. If those monitors detect attempts to intimidate voters or slow voting in crowded precincts, they are prepared to file complaints or to ask judges to keep the polls open late.
Both parties will also be documenting problems that could be used in lawsuits following the election to dispute results or demand recounts.
Independent groups have also joined the fray. In Cleveland, the president of the local N.A.A.C.P. has announced plans to recruit 500 lawyers to monitor polling stations in minority neighborhoods.
And a coalition called Election Protection 2004 says it has recruited more than 6,000 lawyers and law students to monitor Election Day problems nationwide, particularly in minority areas. The group plans to have a national hot line for election complaints and field offices in 17 states, including one directing 700 lawyers and students in Ohio.
The coalition, started by the People for the American Way Foundation, includes the Lawyers' Committee for Civil Rights Under Law, the NAACP Legal Defense and Educational Fund, the A.F.L.-C.I.O. Voting Rights Protection Program and an array of minority-rights groups.
Republicans have complained that the coalition is a front organization for the Democrats because the member groups represent traditionally Democrat constituencies. Coalition members deny that, saying their work is nonpartisan. The coalition's Web site even advises that donations to its member organizations are tax-deductible.
''Our concern is communities of color that might be victims of voter disenfranchisement,'' said Sharon Lettman, the national field director for the coalition. ''One of the atrocities of 2000 was that no one cared about the millions who were disenfranchised.''
|