The Leadership Conference on Civil and Human Rights

Volume 2 Number 2

DEMOCRATS SUE TO END PROGRAM TO LIMIT MINORITY VOTING

by Trina Jones, Student Intern

On October 8, the Democratic Party filed a $10 million lawsuit in U.S.

District Court for New Jersey to halt a Republican "ballot security" program which Democrats contend was designed to "harass and intimidate,' minority voters in an attempt to limit their participation in the November elections. On October 20, the GOP, while denying any wrongdoing, agreed to end the program. In the complaint, Democrats alleged that the program violated provisions of the Voting Rights Act of 1965 which prohibit intimidation of or attempts to intimidate voters, and prohibits any official from failing or refusing to permit any person who is qualified to vote. The Democrats also claim that the Republican plan breached a 1982 consent decree signed by the parties in which the RNC agreed to "refrain from undertaking any ballot security activities in polling places or election districts where the racial composition of such districts is a factor." Further, the complaint asserts that the plan was implemented in Louisiana, Indiana, and Missouri, and was planned for Michigan, Georgia, California, and Penn sylvania, aimed at over a million minority voters.

Background

In implementing the "ballot security" or "ballot integrity" program, the GOP hired a Chicago based company, Ballot Integrity Group, Inc. to send out some 350,000 letters marked "DO NOT FORWARD, RETURN TO SENDER" to registered voters in precincts which voted at least 80 percent for Mondale in the 1984 Presidential election. Polling data indicate that among the different racial and ethnic groups, only blacks voted for Mondale in that proportion. Returned letters, which were considered grounds for a voter residency challenge, were turned over to election officials, the FBI and the U.S. Attorney's Office in an effort to have the names purged. In addition, the names were kept for possible use by Republican poll judges in the November general elections.

Court Proceedings

While the RNC admits that letters were sent only to traditionally Democratic precincts, the Committee contended in court that the program was not racially motivated and did not target a specific gender, age or race. Accusations that a racial motive was involved in the plan's implementation were somewhat substantiated on Friday, October 24, when U.S. District Court Judge Dickinson R. Debevoise allowed release of a memorandum by Kris Wolfe, RNC Midwest political. director. In the August 13 memorandum to Lanny Griffith, RNC's southern political director, Ms. Wolfe explicitly stated "I would guess that this program will eliminate at least 60-80,000 folks from the rolls... If it is a close race. .. which I am assuming it is, this could keep the black vote down considerably." Ms. Wolfe also revealed in testimony that she had discussed the "ballot security" program at length with officials involved in the Louisiana Senate campaign of Rep. Henson Moore (R) in his race against Rep. John Breaux (D). The "ballot sec urity" program has also been alleged to be connected with other like campaigns, particularly those in Indiana's 8th and Michigan's 6th congressional districts. In close races, the minority vote can determine the outcome of the election.

Aftermath of suit

In the ensuing debate, Republicans have continued to maintain that the sole

purpose of the program was to remove from registration rolls non-existent or ineligible voters. RNC Chairman Frank K. Fahrenkopf in defense of the program has asserted that "any time a vacant and abandoned building or grave votes, the civil rights of all Americans are in danger." In response, Democrats insist that the Republicans have no interest in protecting civil rights. Rather, DNC Chairman Paul Kirk notes that the RNC has "spen[t] a million dollars to disenfranchise blacks and other minority voters. The GOP's attempt to portray this outrageous assault on voting rights as a public service project to eliminate ghost voters is another classic Republican disinformation campaign - an attempt to make people feel good while masking Republican dirty tricks."

Despite its defense of the ballot security program, the Republican National Committee on October 20, agreed to halt the program. According to Wade Henderson, Associate Director of the ACLU's Washington Office, the ACLU will ask the appropriate Congressional Committees to look at the program in the 100th Congress.

In light of a Republican promise to halt the program, no restraining order has been issued by the New Jersey Court. Depositions filed in the case have been suppressed by court order to prevent any embarrassment which may result from their disclosure. A hearing on the suit has been scheduled for February 1987.