Conyers introduces bill to fight voter caging.

http://thinkprogress.org/2008/01/17/conyers-introduces-bill-to-fight-voter-caging/

Conyers introduces bill to fight voter caging.

House Judiciary Committee Chairman John Conyers (D-MI) today introduced the Caging Prohibition Act of 2008, which would outlaw the practice of voter caging, with the following provisions:

– Provides that the right to register to vote or vote shall not be denied by election officials if the denial is based on voter caging and other questionable challenges not corroborated by independent evidence.

– Prohibits persons other than election officials from challenging a voter’s eligibility based on voter caging and other questionable challenges.

– Requires that any voter challenge by persons other than election officials be based on personal, first-hand knowledge.

– Designates voter-caging and other questionable challenges intended to disqualify eligible voters as felonies, crimes eligible for fines up to $250,000, five years imprisonment, or both.

http://thinkprogress.org/2007/11/22/bob-woodward-still-has-never-heard-of-the-voter-suppression-tactic-caging/

Caging is a voter suppression tactic whereby a political campaign sends mail marked “do not forward” to a targeted group of eligible voters. A more aggressive version involves sending mail to a targeted group of voters with instructions to sign and return an acknowledgment card. The campaign then creates a list of those whose mail was returned undelivered and challenges the right of those citizens to vote — on the ground that the voter does not live at the registered address.

-In late September or early October an employee of the Ohio Republican Party contacted Sam Thurber (*involved with politician wife Maggie Thurber in Noe scandal.) wanting to inspect and have copies made of all recently returned voter registrations, Ohio Republican Party offered to furnish volunteers to assist with copying postcards. No one at the Lucas County BOE can confirm that anyone was assigned to supervise Republican volunteers. On their second day of copying, a BOE employee, Jennifer Bernath, Democratic Booth Official) saw republican party volunteers peeling off the yellow return stickers applied by the post office. (Violation of RC 149.43 (B) (I) , and agruably a violation of 149.351.
SOURCE: SOS Investigation, pgs 18-19





http://www.solarbus.org/election/docs/lucas.pdf

"Such actions appear plainly to violate the consent decrees signed by the RNC in 1981 and 1986. We ask that you investigate whether in these circumstances Mr. Griffin or others may also have violated the Voting Rights Act, the National Voter Registration Act, the mail fraud statute, or any other federal statute."

June 18, 2007

Alberto Gonzales
Attorney General
United States Department of Justice
950 Pennsylvania Avenue, NW
Washington, D.C. 20530

Dear Attorney General Gonzales:

We write to request that the Department of Justice promptly investigate allegations that the Republican National Committee engaged in “vote caging” during the 2004 elections. We also ask that you investigate whether any Department officials were aware of allegations that Tim Griffin had engaged in caging when he was appointed United States Attorney for the Eastern District of Arkansas, and whether appropriate action was taken. Caging is a reprehensible voter suppression tactic, and it may also violate federal law and the terms of applicable judicially enforceable consent decrees.

Caging is a voter suppression tactic whereby a political campaign sends mail marked “do not forward” to a targeted group of eligible voters. A more aggressive version involves sending mail to a targeted group of voters with instructions to sign and return an acknowledgment card. The campaign then creates a list of those whose mail was returned undelivered and challenges the right of those citizens to vote – on the ground that the voter does not live at the registered address. There are many reasons why registered mail might be “returned to sender” that have nothing to do with a voter’s eligibility. A voter might be an active member of the armed forces and stationed far from home, or a student registered at his parents’ address. Even a typographical error during entry of the voter’s registration information might result in an address that appears invalid.

The Republican Party has a long and ignominious record of caging – much of it focused on the African American community. For example, in 1981 the RNC sent a mass mailing into predominantly African American neighborhoods in New Jersey and used the resulting 45,000 letters marked “undeliverable” to challenge those voters’ eligibility. In 1986, the RNC used similar tactics in an effort to disenfranchise roughly 31,000 voters, most of them African American, in Louisiana. These tactics led to litigation and the RNC’s eventual signing of two consent decrees, still in effect, which bar the RNC from using “ballot security” programs ostensibly intended to prevent voter fraud as a tactic to target minority voters.

In 2004, however, allegations of caging by Republican officials arose again – this time over an effort to suppress votes in Florida. Emails sent in August 2004 by Tim Griffin, then Research Director and Deputy Communications Director of the RNC, demonstrate his knowledge and approval of a spreadsheet listing caged voters in predominantly African American neighborhoods in Jacksonville, Florida. (See attached.) Two years later, Mr. Griffin was appointed, without Senate confirmation, as United States Attorney for the Eastern District of Arkansas. Such actions appear plainly to violate the consent decrees signed by the RNC in 1981 and 1986. We ask that you investigate whether in these circumstances Mr. Griffin or others may also have violated the Voting Rights Act, the National Voter Registration Act, the mail fraud statute, or any other federal statute.

It also appears that high-ranking officials in the Department knew of Mr. Griffin’s involvement in caging. Monica Goodling recently testified to the House Judiciary Committee that she discussed concerns about Mr. Griffin’s involvement in caging with Deputy Attorney General Paul McNulty during a session to prepare for Mr. McNulty’s Congressional testimony. It is very disturbing to think that Department officials may have approved the appointment of a United States Attorney knowing that he had engaged in racially targeted vote caging.

Moreover, it is very disturbing to think that senior officials were aware of this practice and did nothing to refer their information to relevant officials within the Department for investigation and a determination as to whether it was a violation of a consent decree or law within the Department’s jurisdiction to enforce.

We, therefore, ask the Office of the Inspector General and the Office of Professional Responsibility to conduct an investigation to determine who in DOJ knew about Mr. Griffin’s potentially unlawful activity before he was named interim U.S. Attorney, and whether appropriate action was taken on that knowledge, and to recommend whatever action is appropriate.

At a time when the Department’s political independence and its commitment to enforcement of civil rights statutes have been called into doubt, it is vitally important that the Department thoroughly investigate these allegations of unlawful voter suppression, and the apparent failure of Department employees to forward to the appropriate authorities information they had about this practice.


Sincerely,



Edward M. Kennedy Sheldon Whitehouse
United States Senator United States Senator

cc: Paul D. Clement, Solicitor General
Alice S. Fisher, Assistant Attorney General, Criminal Division
Wan J. Kim, Assistant Attorney General, Civil Rights Division
Glenn A. Fine, Inspector General
H. Marshall Jarrett, Director, Office of Professional Responsibility

http://whitehouse.senate.gov/record.cfm?id=277168

Here's a great PBS show about voter caging and the Republican party's insistence on this illegal, banned practice:
http://www.pbs.org/now/shows/330/index.html

Just a few weeks ago, Kansas GOP chair Kris Kobach admitted caging in an email to his constituents:

In the message, he states: “To date, the Kansas GOP has identified and caged more voters in the last 11 months than the previous two years.”

Mike Gaughan, executive director of the Kansas Democratic Party, said, “Vote caging is a pretty direct form of voter suppression.”

http://www.democrats.org/a/2008/01/gop_boasts_abou.php

Vote caging is a voter suppression tactic. The term is derived from a direct mail term. In the direct mail industry, when a third party runs a direct mailing campaign on behalf of a client organization, one of the activities undertaken is to compile all of the responses, handle contributions and to deposit received funds into the client's account, and also update the database of names and addresses that were mailed to with the responses or corrected addresses obtained. Since some of the activities were controlled carefully (donations and deposits) and conducted in a manner similar to the activities within a "teller's cage," the process is called "caging" and the end result of the data entry updates and address corrections is called a "caging list." This led to the term "voter caging" for voter registration analysis and challenges conducted via mass mailings.
Caging, as Rep. Chris Cannon (R-UT) "helpfully pointed out, 'is a term of art in mailhouses' – it refers to the place where letters go when they have no address, all batched up in a separate room."<1>
As House Committee on the Judiciary chair John Conyers (D-MI) added, caging "in the context of elections 'is not an issue of the mail at all.' Voter caging, in the context of elections, means blocking voters out – choosing whole lists of voters whose vote will be challenged, chosen by whom and the criteria for challenge enunciated by whom, under this administration, still not fully explained."

http://www.sourcewatch.org/index.php?title=Vote_caging

The Republican challenges in Ohio, Wisconsin and other battleground states prompted civil rights and labor unions to sue in U.S. District Court in Newark, saying the GOP is violating a consent decree, issued in the 1980s by Judge Dickinson R. Debevoise and still in effect, that prevents the Republicans from starting "ballot security" programs to prevent voter fraud that target minorities.

http://www.washingtonpost.com/wp-dyn/articles/A7422-2004Oct28.html

Howard Dean sent a letter reminding Ed Mehlman on the 25th anniversary of the GOP's pledge not to cage voters:

This November it will have been 25 years since the RNC scheme was used in New Jersey by Republican operatives who compiled a list of 45,000 voters to challenge at the polls because mail to the address at which they were registered had been returned. RNC poll watchers tried to have those voters removed from the rolls, and Republican operatives employed off-duty county sheriffs and local police to watch polling places in predominantly African-American and Latino precincts where they had posted signs warning minority voters that it was a crime to violate election laws.

In 1986, the RNC tried the same tactic in Louisiana targeting 31,000 voters, and the "consent decree" was subsequently expanded forcing the RNC to obtain prior court approval for all efforts to allegedly combat "voter fraud" other than standard poll watcher activities. The amended "consent decree" remains in effect, and requires the RNC to provide the DNC with 20 days notice prior to going to court to submit "ballot security" programs for approval. Since the November 7th elections are less than 20 days away and the RNC has not notified the DNC of any such initiative, the letter calls on Republican Chairman Mehlman to confirm that no such activities are planned by the "RNC itself, its state or local parties, Republican candidates or allied organizations such as the Republican National Lawyers Association or National Republican Senatorial Committee."

http://www.democrats.org/a/2006/10/dean_sends_lett.php