More indictments in Memphis (TN).   More double voting.

A disturbing state of affairs may have overtaken the Virginia State Board of Elections.  The allegations detailed below are disturbing and outrageous.  Given that many of the events have been taking place over the past many months, one wonders how all the newspapers in Virginia missed the story.  

The Virginia State Board of Elections is charged with overseeing elections in the Commonwealth.  Former employees and respected associations of election officials have made allegations of racial discrimination, dishonesty and outright thuggery by officials at the State Board of Elections (SBE), in particular Secretary Nancy Rodrigues.  Recall that the Virginia SBE is the entity that had to be sued by the McCain campaign because they were not sending ballots to overseas military voters in a timely fashion.

The Board has three members appointed by the Governor.  They are currently Jean Cunningham, Harold Pyon and Nancy Rodrigues.   Rodrigues is the Secretary of the SBE and as a practical matter exercises day to day control over the operations of the SBE.  It is our understanding that Rodrigues could be replaced immediately for cause.  If the allegations below are true, that can’t happen too soon.  Sources tell ElectionLawCenter.com that Pyon has nothing to do with the bad behavior of Rodrigues.

J. David Allen was an employee at the SBE who relays events that may constitute systemic racial discrimination at the SBE.  ElectionLawCenter.com has obtained documents describing Secretary Rodrigues’ management of the SBE.  He says that she warned him to carefully monitor minority employees.  He says:

“Nancy would refer to minority staff as if each individual had to be carefully monitored, for fear that they might violate some policy.  In regards to the monitoring of staff, Nancy would reward non-minority staff by being lenient, when they could provide information as to possible policy violations by minorities.  Rise Miller, whom I supervised, was one such individual. She would provide Nancy with information, substantiated or not, that could lead to disciplinary action against minority coworkers. In return, Ms. Miller was allowed to abuse state time and use state equipment for personal use. “  Perhaps the Times Dispatch will follow up on the specifics of abuse of time and state equipment.

Allen goes further in the document: “The longer that I worked at SBE, the more I realized the discrepancies between how minorities and non-minorities were treated by Nancy, and later by James Alcorn (Deputy Secretary).“  Allen was given positive evaluations yet his term at SBE was not continued, according to the document.  Allen further describes the Secretary implementing a monitoring program of minority employees but not white employees.    Obviously if true, this sort of policy raises questions about the fitness of certain officials to carry out their duties.

Not surprisingly, ElectionLawCenter.com has received reports of terrible morale within the SBE caused by this ham-handed management style.

The story does not end with the allegations of J. David Allen. 

The Voter Registration Association of Virginia, the association of all the county registrars, wrote Governor McDonnell alerting him to purported unprofessional actions of Secretary Rodrigues.  In a letter obtained by ElectionLawCenter.com, the President of the Association alerts Governor McDonnell about a wide range of unprofessional actions by Rodrigues.  They state in the letter:

* “The leadership of VRAV is very concerned that a person whose repeated unprofessional actions of deception, deceit, and untruthfulness towards the professional election community is the perceived state guardian of the integrity of the electoral system in Virginia. We understand that you did not appoint her and that her term is drawing to a close, but she is now part of your administration. You are the only one we have to reach out to in order to save the electoral system in Virginia from these actions that are clearly dishonorable.”

* “Secretary Rodrigues misrepresented the nature” of a legislative amendment to the Governor “as having no impact on current training operations.”

* “Secretary Rodrigues misrepresented the amendments as having no fiscal impact on localities.”

The dispute arises out of legislation and representations made to the Governor’s office about the impact this bill would have on local election officials. 

But there is more.  ElectionLawCenter.com has learned that Secretary Rodrigues may have sent the state police to the home of an employee for spurious reasons to intimidate the employee.  Moreover, the victimized employee has reported the behavior to the Governor’s office.

The employee worked for the SBE for over 20 years.  While still employed and on sick leave, two state officials were dispatched to the employee’s home on June 29, 2010.  The two state officials sought to confiscate the employee’s laptop and cell phone.  Thereafter, at 10:00 p.m. at night, Virginia State Police Special Agent T.M. Chrisley, Assistant Special Agent in Charge 1st. Sgt. Harvey A. Smith and Trooper C.B. Womble from the Virginia State Police, and an SBE employee were sent to confiscate the laptop and cell phone from the sick employee.   

A document obtained by ElectionLawCenter.com states “Special Agent Chrisley stated he has known Nancy Rodrigues for awhile.” 

The document further states: “I also contacted the Virginia State Police Internal Affairs and spoke with Sgt. White.  Sgt. White inquired into my situation and reported to me that there was a criminal investigation underway and I was directed to call the number that was on Special Agent Chrisley’s business card.   I shared the information with the individual whom answered the phone and she informed me that a warrant should have been executed if there was a criminal investigation.  The officers at my home on Tuesday night did not have a warrant.  I received a returned telephone call from Captain Evans at Virginia State Police.  I was told by Captain Evans that there was not a criminal investigation and there were orders to pickup the equipment from my home.”

So the Secretary of the Virginia State Board of Elections sends the Virginia State Police to people’s homes to pick up office equipment?  It is our understanding that the victimized employee still works at the SBE.  Sources indicated that the agency is plagued by rock-bottom morale because of the incidents detailed in this article. 

ElectionLawCenter.com welcomes more tips from current and former employees of the Virginia SBE and the problems plaguing the agency.  Email us at adams@electionlawcenter.com.  Anonymity is guaranteed.

We will keep readers posted if and when the Governor’s office takes action against Secretary Rodrigues.  In the meantime, perhaps the Richmond Times Dispatch will follow up on these allegations of corruption, dishonesty and discrimination emanating out of the state agency charged with running elections in Virginia. Hopefully whatever problems exist in the agency can be eliminated before the frantic pace of the November elections.

UPDATE:  A reader sends this formal case of racial discrimination at the SBE.

More states have sought an exemption from compliance with new federal law designed to ensure our soldiers, sailors and marines in forward operating bases have enough time to get their ballots and vote.   The federal law requires that they be sent ballots at least 45 days in advance of an election.  Washington has joined the growing number of states seeking to avoid compliance with new Federal law, known as the “MOVE Act” to protect military voters.  I will be reporting at Pajamas Media shortly about the states which have sought a waiver, the Pentagon’s reaction to the submissions, and the Department of Justice’s attitude toward protection of military voters in the upcoming mid-term elections.  Moreover, members of the Senate have begun to take close notice of the waiver process and the positions of the various executive branch agencies.  But the bigger question is, for now, what do the citizens of Washington think about their state seeking to avoid protecting military voters in the upcoming elections?  See the Washington waiver submission here.

UPDATE:  Some other states who have sought a waiver are discussed here.   ElectionLawCenter.com is awaiting word about other states seeking to avoid compiance with the new federal MOVE law designed to protect military voters.

Hat tip to a brave patriot for bringing this to my attention.  If you want to read an inspiring story of a genuine American hero and Marine, click here.

Note: sorry RSS subscribers.  Bugs made it necessary to resend.

My latest at Pajamas Media: Why the Left Shouldn’t Defend the New Black Panther Dismissal. I’ll be discussing the article and the case on a number of radio stations and shows, scroll down for details:

“There are two important reasons why those defending the dismissal of the case through personal attacks should stand down.

Firstly, not only will the attacks prove absurd as more and more truth emerges about the matter, but the dismissal creates an unwelcome and dangerous factual floor in defining future voter intimidation. It is a floor we should fear, because it makes future cases harder to bring. Secondly, the dismissal undermines broad support for important voting rights protections as the nation becomes more racially diverse.

Neither outcome is what the defenders of the dismissal want, and they should reconsider their rabid attacks.”

There is word that the Virginia State Board of Elections has devolved into chaos.  Later this week we will have a full report on the in-fighting, the use of law enforcement to intimidate employees, the nakedly partisan exercise of statutory duties and the general rot going on at the Virginia SBE.  All later this week at ElectionLawCenter.com. 

I’ll be on the Errol Lewis show on WWRL in New York City during the 8 a.m. hour.  I’ll be on the nationwide Mike Gallagher show during the 11 a.m. hour.  During 2 p.m. I’ll be nationwide with Lou Dobbs.  And during the 4 p.m. hour I’ll be on 50,000 watt Los Angeles talker KFI-AM.

I’ll try to add more as they appear.

Commentary has this piece about journalistic malpractice .  For the record, I let Mr. Smith via email know I was able to help him if he had a deadline. 

World magazine. “Justice Undone.”

A Memphis (TN) teacher was arrested for voting twice in the 2008 Presidential election.  She says it was an accident.  The Memphis Commercial Appeal has more:

“Anne Enochs, a 69-year-old art teacher, was arrested for voting twice in the 2008 presidential election. She was being held at Jail East.”

Here is the art teacher: