Author Archives: J Christian Adams

DOJ Loses TRO Motion on Foreigner Purge

Palm Beach Post.  “A federal judge denied the U.S. Department of Justice’s request for an emergency restraining order to halt Florida’s non-citizen voter purge and said the controversial scrub does not violate federal law.


U.S. District Court Judge Robert Hinkle [Clinton appointee] heard arguments this morning from the Justice Department and Michael Carvin, a Washington lawyer representing Gov. Rick Scott’s administration. Carvin was one of the lead lawyers for President George W. Bush in the protracted 2000 recount legal wrangle.


Hinkle denied the request for the emergency stop to the program in part because he said the state was no longer doing it.


But he also rejected Justice Department attorney John Bert Russ’s argument that the non-citizen voter purge violates federal law.”

Alaska Raises Challenge to Section 5 of Voting Rights Act

Story here.

“A panel of federal judges on Tuesday said that it would not consider the state’s constitutional challenge to a key section of the Voting Rights Act during oral arguments over Alaska’s latest attempt to redraw legislative districts.

The Department of Law announced Friday that it believed Alaska was unconstitutionally required to submit electoral changes to the federal government in a process known as preclearance. Attorney General Michael Geraghty and Lt. Gov. Mead Treadwell issued a press release accusing the Feds of micromanaging Alaska’s elections.”

It was not clear from the story why Alaska waited so long in the litigation to raise a constitutional challenge to Section 5.

Ohio Voter Fraud Indictment


“Robert Gilchrist, former director of the Lorain County Community Action Agency and Lorain city official, was secretly indicted on four counts of illegal voting.”  Morning Journal has more.

What is the “Community Action Agency”?  From their website:


The Lorain County Community Action Agency was created in 1966 as a private non-profit organization dedicated to continuous improvement and betterment of the local communities.


The Lorain County Community Action Agency became a part of national policy “to eliminate the paradox of poverty in the midst of plenty by opening to everyone the opportunity for education and training, the opportunity to work and the opportunity to live in decency and dignity.”



More on DOJ vs Florida – Citing News Reports

More from the memo filed by Florida today:

“DOJ crosses even further into the realm of conclusory and unsubstantiated
speculation by asserting that the Secretary’s use of MDAVE data is “discriminatory.” DOJ cites
a single source to support this claim: a news report “indicat[ing] that the program may have a disproportionate impact on minority voters” because “87 percent of those on the 2,600-person list are minorities.” U.S. Mem. 17 & n.6 (emphasis added). As a threshold matter, a single media report speculating that the MDAVE data “may” have a disparate impact is obviously not competent evidence to support any judgment or relief.”

This is a great example of the sort of evidence that would not be cited to justify a TRO during the Bush administration – news reports on statistical disparity.  Either this evidentiary foundation escaped the eye of the Section Chief, or the Section Chief has new standards of proof.

Florida’s Memo Opposing DOJ on Non-Citizen Voters

Some lines from this memo filed by Florida today:

“DOJ did not initially seek any preliminary relief; however, on the evening of Friday, June 15, it moved for a temporary restraining order (“TRO”). Contrary to the requirements of Local Rule 7.1(B), DOJ did not consult with Defendants prior to filing this motion. “

“Over 100 individuals conceded their ineligibility to supervisors, over half of whom had in fact voted in prior elections.”

“DOJ’s newfound haste in seeking a TRO is completely unwarranted, as Defendants are
not currently taking any action that could cause any injury to voters, let alone irreparable injury. At best, DOJ’s request for a TRO appears to be based on a misunderstanding of the facts, which could have been avoided had it engaged in the required conferral with Defendants.”