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.
Author Archives: ELECTIONLAWCENTER.COM
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.”
“Vote Often My Friends”
Some election process levity.
Montana Supreme Court is reversed
link to opinion.
Montana Campaign Finance Case summarily reversed
Vote: 5-4.
Would DOJ block the removal of voters who renounced their citizenship? Apparently so.
The New York Post has an article on the record number of U.S. citizens renouncing their citizenship for tax purposes. States apparently can’t remove these non-citizens from the voting rolls, according to the logic of the Department of Justice.
DOJ threatens to sue Georgia under MOVE Act over compressed primary runoff period
The federal government has sent a letter to Georgia officials saying the
state’s schedule for runoff elections violates federal law on military
and overseas absentee ballots and threatening a lawsuit if the matter
isn’t resolved quickly. U.S. Assistant Attorney General Thomas Perez on June 15 sent the letter
to Attorney General Sam Olens and Secretary of State Brian Kemp. Olens’
office declined to comment on the letter, but Kemp said the state is in
the middle of the primary election and doesn’t intend to make changes
suggested by federal officials.
The Georgia Secretary of State was not happy with the late lawsuit over the potential runoff.
…”If the DOJ was earnest, they would have previously contacted us
about their concerns rather than sending a notice of a lawsuit a month
before the primary election,” Kemp said.
“Currently ballots have been printed and absentee voters (military
and overseas included) are voting, while the DOJ is attempting to twist
the state’s arm into agreeing to a consent decree, the terms of which
would place unnecessary stresses on the elections administration
process, before even filing the lawsuit,” Kemp said.
DOJ hasn’t previously raised concerns about Georgia’s ability to send
out absentee ballots to military and overseas voters and in 2005
approved the state’s timing for run-off elections after the state’s Legislature changed prior election laws following a DOJ complaint, Kemp said.
Link to Associated Press.
Maryland election integrity group alleges voter rolls have numerous discrepancies
A Maryland organization says it has found hundreds of dead people listed on voter registration
rolls in Baltimore and Prince George’s counties, as well as residents
who have registered in multiple places and some who have addresses that
turn out to be vacant lots. Link
Soros-funded MoveOn.org may target Florida non-citizen procedures with TV ads
The liberal group MoveOn, funded by liberal sugar daddy George Soros (the conservative version of the Koch Brothers) says it’s going to air an ad condemning Gov. Rick Scott’s noncitizen voter purge, which it’s trying to link to Mitt Romney.
The ad continues what appears to be the over-the-top claim that the
purge is “racist” — which suggests the decision to clean the rolls is
motivated by bigotry. There’s really not much evidence for that. Full story at Miami Herald.
North Carolina Voter ID bill still on the table
High-level budget talks and the ongoing fracking
debate have dominated coverage of the North Carolina General Assembly in
recent weeks, but State Representative Verla Insko of Chapel Hill says
there’s still one other long-dormant issue on the table: voter ID. “We still have the voter ID bill that the governor vetoed last
year–that is the one remaining veto that Republicans would like to
override,” she says. …Republicans are four votes short of a veto-proof majority in the full House. link to Chapelboro.com update.