The DOJ's Zealous Attempt to Purge North Carolina's Voter Registration Rolls
The Department of Justice and Les Merritt, State Auditor - want to purge North Carolina's voter rolls - by 10 Percent. The State Board of Elections disagrees.
The Charlotte Observer broke the story first, then the News and Observer , then Facing South (very comprehensive) and then all over the internet:
The Charlotte Observer provides the unvarnished version, while the rest of the media has slanted the title of the story.
N.C. pressed on voter listings
The Charlotte Observer
Fri, 15 Jun 2007 DAVID INGRAM reporterState and federal officials are mounting two broad challenges to the way North Carolina maintains its voter rolls, charging widespread irregularities that include votes cast under the names of dead people. The accusations attempt to call into question the accuracy of registration records and election returns from 2004 to the present. So far, though, the officials have not made public any evidence of irregularities, and N.C. election officials argue that the state's maintenance of voter rolls is among the most careful and comprehensive programs in the country. ...
The story begins in earnest on April 18, 2007 with this memo from the Department of Justice to the North Carolina State elections officials. This DOJ memo serves in effect as "license to purge voters" if an election official were so inclined. This memo reads just like a form letter, citing no specific registration numbers and fails to provide the "official" report that it alludes to.
"Section 8 of the NVRA sets forth requirements 'With respect to the administration of voter registration. As part of a nationwide effort to assess compliance with the Section 8 of the NVRA, we conducted an analysis of the state's total voter registration numbers as a percentage of citizen voting age population based on reports following the 2004 general election submitted to the Election Assistance Commission. According to that report, voter registration actually exceeded the total citizen voting age population in 10 percent or more of the jurisdictions within your State.
But the DOJ is wrong.
North Carolina's voter rolls have 10% less voters than are eligible, according to the non partisan group Electionline.
In a report of all 50 states' registration efforts, Electionline states that as of April 2006, that 89.6% of North Carolina's Voting "Eligible" population was registered to vote.
The DOJ then takes yet another inaccurate swipe at the NCSBOE:
"It is contemplated that the effective implementation of a statewide voter registration database pursuant to HAVA would help address that issue and provide an opportunity for State action."
North Carolina has a statewide voter registration database in place, and has done so for several years, and has met all Help America Vote Act requirements. If the Department of Justice truly believes its own claims, they need to do better than this "form letter" or "Dear Elections Chief" The DOJ should provide the actual evidence showing which voters should not be on the rolls.
The second broad challenge is from State Auditor Les Merritt, whose office began a review of the state's voter rolls in January.
And Merritt just last week announced that he is up for re-election...
His staff presented preliminary findings to the State Board of Elections last week. According to the board, Merritt's staff cited 24,821 invalid driver's license numbers in the voter registration database, 380 people who appear to have voted after their dates of death and others who were under age 18 when they voted.
We don't need a purge and here's why:
Gary Bartlett, executive director of the elections board, responded Wednesday with a stinging 10-page letter declaring many of the findings invalid. He accused Merritt's office of misleading the elections board and of rejecting its help.
If you read Mr. Bartlett's response, he provides the DOJ with information on how NC follows state and federal law, that the NC registration database is regularly maintained as per law, and how the DOJ can review the voter registration data as needed.
"(Y)our office appears to have a fundamental misunderstanding about the data that was reviewed or about the federal and State laws governing the voter registration process,"
The fact is, the State Board of Elections IS following the law, and cannot find any legal or administrative reason to remove 10% of North Carolinians from the voter rolls.
Bartlett said the state's regular maintenance of voter rolls resulted in 725,499 names removed during a recent 19-month period. Most had been inactive, moved or died.
Oh, and Auditor Merritt's "findings" maybe aren't so concrete:
Merritt's office declined to provide the Observer with a copy of its findings Thursday, saying it is adjusting them based on Bartlett's objections.
"This is a typical process we do in refining our findings," said Merritt spokesman Chris Mears.
About those mysterious "findings":
" Merritt used the review to persuade lawmakers last week to delay consideration of a bill that would make voting easier."
Auditor Merritt will get to explain about them more this Tuesday:
Now, two lawmakers, including Sen. Dan Clodfelter, a Charlotte Democrat, are asking Merritt to appear at a hearing Tuesday to explain his work. Bartlett is also invited.
It is truly ironic and sad that such a memo would come from the Department of Justice Department "Voting Rights" Section, whose job is to protect voters rights.
U.S. Department of Justice
Civil Rights Division
Voting Section Home Page
North Carolina's State Board of Elections has admirably served to protect all of North Carolina's voters, from bureaucratic interference from 100s of miles away. The facts show that our state election officials are dedicated to running clean elections and are impartial and non partisan in doing so.
It is your vote that the NC State Board of Elections is protecting.
The North Carolina Coalition for Verified Voting is the state’s only nonpartisan, all volunteer grassroots organization focused on the “machinery” of elections and advocacy for simple checks and balances to protect every vote and voter.
Frontpaged, with edits, by gregflynn
- NCVoter's blog
- Login or register to post comments
Thanks for Highlighting This
I saw this story in the N&O yesterday - imagine my chagrin.
It's hard enough to get live people to vote in NC and they're worried about dead people?
I don't think so.
Go back to my last entry, 'Last Straw' and look at the word caging.
Are these 10% truly dead people or are they more service members stationed overseas. I'd be curious to know if they have already picked their 10%.
LES! What now? I wrote down the names on the Capital Statues !
The second broad challenge is from State Auditor Les "Lesleee" Merritt, whose office began a review of the state's voter rolls in January.
I wonder if he found out that his name on the ballot is still "Leslie" to fool the voters he was a women the last time.
And Merritt just last week announced that he is up for re-election...
Yep and all fired up to audit the books of Halliburton, Enron, and the State GOP party.....And the electrical bill at the Art Pope Plantation..
update: Tues 1:00 PM Lawmakers to question Merritt
Senator Clodfelter is going to question State Auditor Merritt about his "findings" on Tuesday at 1:00 PM.
Unless there is popular demand, we won't be able to hear the meeting over the internet.
For me, this would be a 2 1/2 hour drive, but I would really like to be at the hearing.
hmm
now THAT might be enjoyable.
Draft Brad Miller-- NC Sen ActBlue
Awesome ...
What beautiful timing. I'll be in Raleigh for the Democratic Women of North Carolina's legislative day. Where can I find time and place info about this hearing? You should come to Raleigh, NCVoter!
unless it is moved
1 PM
1027 Legislative Building.
Draft Brad Miller-- NC Sen ActBlue
Unique
You mean Last Straw :)
And what about the soldier who casts an absentee ballot and is killed before election day? Is that "election fraud"?
And what about the people who are alive on election day and can't vote because we don't have same-day registration. At least if they show up on election day we know they are alive.
Ruth Easterling (woman who served in NC House
longer than any other woman) cast her absentee ballot and then died right before election day last year. I doubt she intended to commit voter fraud.
Robin Hayes lied. Nobody died, but thousands of folks lost their jobs.
Merritt is scum
he and Gonzo are two peas in a pod.
Draft Brad Miller-- NC Sen ActBlue
Long past time for our watchdog
to get watched.
Robin Hayes lied. Nobody died, but thousands of folks lost their jobs.
I read about this yesterday and I have to say
that I found this to be quite upsetting to me. Will this Republican administration stop at nothing to suppress the votes of registered Democrats?
The answer, it would seem, is NO. No, they won’t. They want to make changes to our voter rolls so on Election Day, some voters will show up at their polling place to cast their ballot and be turned away. I think I know one good reason why.
So, why are they picking on North Carolina, you ask? North Carolina, nationally, has been predictably voting Red in these elections for quite some time now. But the winds of change are blowing in The Old North State and I believe these winds are rattling the windows at the RNC. The poll numbers for Liddy, Burr, and the-worst-president-ever are dismal here in NC and it is scaring the bejesus out of the Republicans. There is a good chance that in the very near future that on a National basis, North Carolina is going to vote Blue. That would mean that one traditionally southern state will have made the change that is anathema to Republicans. If one state can do it, the domino theory may come into play very soon.
We cannot allow this voter supression to happen on our watch. I have already e-mailed my Congressman, although I haven’t bothered taking the time to put fingers-to-keyboard regarding our so-called Senators, since I expect their response to me will be to use the delete key.
John Edwards to Republicans: I'm in ur base, takin' ur votez!
one reason this state is red is the straight ticket exceptions
It appears that minority voters are strongly encouraged to vote "straight ticket" , but in presidential elections many fail to vote for president.
So, the straight ticket "doesn't count for president" results in a high undervote for president.
This is an old rule, but it has hurt us for a long time.
the reason the statute was changed to its current state is Hendon v. NC State Board of Elections, 710 F2d 177 (1983).
Coincidentally, we haven't provided electoral votes to a democrat since Jimmy Carter, whose term ended in 1981.
http://en.wikipedia.org/wiki/Jimmy_Carter
No Longer the Party of Lincoln
The sooner the (R)s figure that out - the sooner we can get rid of the (-R)s. They are an anathema to any clear thinking human being.
As a friend used to tell me, 'They aren't fit'.
Sounds to me like they think NC might be in play
in 2008.
Nifong him
In light of the outpouring of rage in response to Nifong's misconduct in handling a case of three rich white guys, what will be the response to Merritt's apparent attempt to subvert the rights of We the People to vote?
Where's Gerry Cohen when we need him? : )
Gerry, I'm coming to your blog to ask: What remedies are possible for getting rid of the odious Less Merit? I know it's not a "bill drafting" question, but you seem to know just about everything, so that's where I'll start.
answers
there is the following:
Im not sure that sticking your nose into things not part of your official duties for political purpose falls under that or not. Although, some of his "reports" border on coercion and deception.
There is also this:
An ethics violation should probably be filed for his whole press release nonsense.
Draft Brad Miller-- NC Sen ActBlue
i'm around
I'm around!
With the hearing before the Senate Select Committee on Government and Elections Reform, Tuesday 6/19/2007, 1 pm 1027 LB, perhaps there will be a trial in the Court of Public Opinion that day.
I see another commenter has already done some legal research
Gerry, could the hearing be in room with microphone?
Gerry;
Lots of people are interested in this, in fact down right angry.
We are one of the FEW states in the country that has a non partisan election office, and a bi partisan governing board.
This is WHY we don't have the shennanigans that Ohio, Florida and Arizona have,
and this benefits all voters.
But if the hearing was held in a room with the microphones so that we can listen over the internet, many could listen in.
Otherwise, I may have to make arrangements to be there.
This is important to the entire country - if they can politicize NC elections, they can do it to anyone!
i really hope
that the question of, "What the heck are you doing?" is asked of Merritt.
I think the room decision is made by the committee chair. You might send an email to Sen Clodfelter.
Draft Brad Miller-- NC Sen ActBlue
What a crock!
Does the State Auditor not have enough of his own work to keep him busy?
I have to agree, it looks like they think NC will be in play in '08, so I guess we can take it as good news, in a way? I cannot believe the hubris, the arrogance of these people - it's not enough, all the scandals we already know about, they have to keep on trying to steal our right to vote against them?
As to removing deceased voters from the rolls, I can only share my personal experience. My husband passed away in December '05, and his name was gone from the voter rolls well before the primary in '06, and I certainly did not notify the BOE myself. To me, that's evidence they are doing their job.
We respond by registering as many Dems as possible
Every skin shade, every ethnicity and we work hard to get good information out on issues and candidates so they are ready when they reach the polling place. We also need to teach unsuspecting voters about typical intimidation tactics. Make sure they know what number to call if someone tries to keep them from voting for any reason.
Robin Hayes lied. Nobody died, but thousands of folks lost their jobs.
I agree.
and I think we question the ones that have been purged already. We have to be ready - at the county and state levels - to ask questions and not stop asking until we get satisfactory answers.
who will run for State Auditor?
looks like the Dems need to find a good candidate to put Merritt in his place...and run in '08.
Time to get geared up for Dems to take a clean sweep on all Council of State races.
Who is running for Ag Commish, State Auditor, and State Treasurer?
this ties in so neatly...
...with the most recent monica ("legally blonde") goodling/alberto gonzales revalations.
This is just an effort
by the GOP to kill same-day registration during the early-voting period. Those poor Republicans are scared of what might happen if everyone showed up to vote, was allowed to vote, and actually had their vote counted. It's a GOP nightmare scenario.
hammer meet nail
Yep.....can't say it any clearer than that.
Robin Hayes lied. Nobody died, but thousands of folks lost their jobs.
That's What is Required
I love how malfeasance rolls around in my mouth. Such a complete definition, too.
". . . under 18 when they voted."
Sounds bad, doesn't it? Except, of course, that I think it's federal law that 17-year-olds are entitled to vote in a primary if they'll be 18 at the time of the general election. It's at least the law in NC. I wouldn't put it past Merritt to make hay over teenagers exercising their legal rights -- it's in the same genre as accusing your opponent of practicing monogamy with his wife.
Sorry for the double post, but --
has anyone made sure Josh Marshall at TPM has heard about this? It's the sort of thing that he posts about.
nope
i dont think the N&O would be upset if you passed all their articles on.
Draft Brad Miller-- NC Sen ActBlue
NCSBOE 10 page southern style smackdown to Les Merritt
Sorry, the OP had wrong link for Gary Bartlett's 10 page reply to Les Merritt's "findings".The correct link is here and I have also corrected it in the main OP.
State Board of Elections Director Gary Bartlett's 10 page response to is devastating to State Auditor Less Merritt's "findings". It lays to waste and ruin Merritt's entire foray into his short lived effort to usurp the responsibilities of our elections officials.
Gary Bartlett employs the style of a true "southern gentleman" while politely and thoroughly reducing Merritt's findings to rubble. Further, if Merritt had attended further meetings with SBOE staff as invited, the ensuing embarrassment to come (for Merritt) could all have been avoided.
Then to page 10:
Les Merritt is scheduled to explain his "data" this Tuesday at the state legislature:
I almost feel embarrassed for Merritt. Predictions on whether this will be a short meeting or a long meeting?
Won't That Depend on How Many People Show Up?
eh?
Sick Sense
Maybe Mr Merritt has Sixth Sense: