U.S. Justice Department rejects Georgia voter screening
Update in bold below, at 5:25 p.m.
The U.S. Justice Department has rejected a program put together by Secretary of State Karen Handel to comb through state databases to detect ineligible voters who may not be U.S. citizens, calling it both inaccurate and discriminatory.
The system was used last year, in the months before the 2008 general election.
Download the DOJ letter here. It says, in part:
We have considered the accuracy of the state’s verification process. Our analysis shows that the state’s process does not produce accurate and reliable information and that thousands of citizens who are in fact eligible to vote under Georgia law have been flagged….
An error as simple as transposition of one digit of a driver[s] license can lead to an erroneous notation of a non-match…..
….Although the state has not provided data on the racial and language minority characteristics of all registrants whose applications went through the verification process, we have been able to compare the composition of those persons whom the state has flagged for further inquiry because of a non-match with both the composition of newly registered voters in the state and the composition of existing registered voters….
[A]pplicants who are Hispanic, Asian or African-American are more likely than white applicants, to statistically significant degrees, to be flagged for additional scrutiny….
The Justice Department declined to share the stats that it said proved discrimination. “Internal deliberations and discussions regarding charging decisions are not something we can provide,” a spokesman said.
Secretary of State Karen Handel, a Republican candidate for governor, condemned the decision in a statement released this morning, saying it would open the floodgates to non-qualified voters. Handel also said the DOJ was a participant in the decision-making process that produced the program:
The decision by the U.S. Department of Justice (DOJ) to deny preclearance of Georgia’s already implemented citizenship verification process shows a shocking disregard for the integrity of our elections.
With this decision, DOJ has now barred Georgia from continuing the citizenship verification program that DOJ lawyers helped to craft. DOJ’s decision also nullifies the orders of two federal courts directing Georgia to implement the procedure for the 2008 general election.
The decision comes seven months after Georgia requested an expedited review of the preclearance submission.
DOJ has thrown open the door for activist organizations such as ACORN to register non-citizens to vote in Georgia’s elections, and the state has no ability to verify an applicant’s citizenship status or whether the individual even exists…. Clearly, politics took priority over common sense and good public policy.
Pay attention to this. This is the first Obama administration judgment on an election law passed by a Republican-dominated General Assembly.
It could be an indication of how the Justice Department will react to S.B. 86, a measure signed by Gov. Sonny Perdue last month which would require every new voter to present proof of citizenship upon registration.
Nor are all Republicans united on this. Randy Evans, the Republican appointee to the State Elections Board, called the screening program a “terrible waste of taxpayer dollars and a slap in the face of Latino voters.”
“And yes, I know this is the requested approval from the DOJ from the case from last year — in advance of the new legislation that is the SoS codification of the compromise ruling. But from the DOJ perspective, they are one and the same,” he wrote in one of two e-mails this afternoon.
The U.S. Supreme Court is currently considering arguments on the constitutionality of Section 5 of the Voting Rights Act, which requires federal approval of all changes to election law in Georgia and several other states with a history of discrimination.
U.S. Rep. Lynn Westmoreland, a Republican from Sharpsburg who has been critical of Georgia’s continued inclusion in the mandates of the Voting Rights Act, added the following this afternoon:
“Justice’s ruling in this case is so transparently political that I’d hate to be the person at the department who had to put the right spin on this junk.
This goes to the heart of what I’ve been trying to say about the problem with ‘preclearance’: It creates a self-justifying cycle.
Georgia works with the federal government on a plan, we submit the plan to those exact same people, and they then ‘discover’ some violation of civil rights and use that as evidence that Georgia still requires federal oversight. It’s infuriating.
Jon Greenbaum is legal director for Lawyers’ Committee for Civil Rights Under Law, one of several groups that opposed the screening:
“We are pleased that the Department of Justice correctly found that Secretary Handel’s verification procedures are inaccurate and discriminatory. Preventing these procedures from going into effect will prevent Secretary Handel from keeping many thousands of eligible Georgia voters off the rolls,” he said.
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260 comments Add your comment
Joe Blow
June 1st, 2009
1:48 pm
Karen Handel does not have a college degree, so nothing she does surprises me, except run for govenor with a high school diploma.
PappyHappy
June 1st, 2009
1:49 pm
Could this be another Obama reprimand for Georgia voting for McCain???
Donna P.
June 1st, 2009
1:51 pm
Mike S., how would you insure only American citizens vote? Would you do nothing and let anyone who shows up at the polls vote? I bet you would. Anyone who wants to vote needs to prove they are an American citizen (with a birth certificate) and that they actually live in Georgia (driver’s license, utility bill, etc.). Otherwise, you shouldn’t be allowed to vote in an American election.
Mike "Hussein" Smith
June 1st, 2009
1:51 pm
Bob, you’re an idiot. Of course, voting is a right. Has been since George Washington
’s days. There’s more evidence of Handel hassling minorities than there is of minorities somehow trying to cheat the system. For instance, last fall. one Georgia/U.S. citizen of Asian background had to repeatedly take his citizenship papers to his voter reg. office because everytime a clerk said he was legal, Handel & her minions would send him a letter declaring him ineligible. And her bullying tactics in the Public Service Commission race got her slapped down by a couple of Georgia judges.
FC Crusher
June 1st, 2009
1:52 pm
RetLTC,
I’ve been asking the same question since 11am and all it got me was being called a race baiter by a Turd which still makes no sense to me.
Good luck in your quest.
Turd Furgeson
June 1st, 2009
1:53 pm
Good luck with that Pappy…these democrats are too accustomed to dining on the feces offered up from Jesse, Al and that USELESS LOWERY, The holy trinity if you will.
They simply are not capable of thinking for themselves. Selfishness, self-absorption, stupidity, deception, CNN, MSNBC, ABC, Katy Kouric, Al Goron, being bums, worthlessness, lack of responsibility, is all they know and sadly all they want to know.
Master
June 1st, 2009
1:55 pm
I see why Republicans say they want less goverment intervention.Only when it best suites thier needs.Where are all the fools who back Mr Bush on privatising social security.Imagine the catastrophe the Obama adminsitration would be dealing with today.
Donna P.
June 1st, 2009
1:57 pm
Let’s see, Karen Handel is the Georgia Secretary of State, has been the President and CEO of the North Fulton Chamber of Commerce, was a Deputy Chief of Staff for the Bush-Quayle White House, was Deputy Chief of Staff for Governor Sonny Perdue, and was the Chairwoman of the Fulton County Board of Commissioners. All while not having a college degree; hmmm, seems like she has done well for herself.
Ron
June 1st, 2009
1:58 pm
RetLTC / FC Crusher – That is my question. Is it because it isn’t happening or because it is being caught by our proactive system? If we are not having voter fraud issues could it be because current law is working? Could it possibly be? Of course not because you do not like it. The DOJ’s letter does make refference that there are some accurate hits, is that not enough?
The DOJ states “the state has not provided data on the racial and language minority” but then states “[A]pplicants who are Hispanic, Asian or African-American are more likely than white applicants, to statistically significant degrees, to be flagged for additional scrutiny”.
How would they know the ethniticity of the voter that is flagged if we are not supplying the information? Seems kind of suspect don’t you think?
And for the record I hate Obama & McCain equally. If it had been Colin Powell, Sarah Palin, Condoleezza Rice or a host of other people I could have voted in one of the major parties instead of writing myself in.
south side
June 1st, 2009
2:00 pm
King Georgia Bush and Fox news pulled the biggest Election Frauds of all time.Republicans are bible totin crooks that why this country is screwed today . All the lies and scams by the repubs came back to bite america
RetLTC
June 1st, 2009
2:03 pm
John, your 12:38 is right on target.
Turd Furgeson
June 1st, 2009
2:04 pm
Nice work donna! Seems Ms Handel is quite an intelligent individual.
Many college grads fail to understand that a degree only get one a “foot in the door” and guarantees nothing more than that.
Many college grads fail to understand that student loans are just that…a loan.
Many college grads fail to understand that filing bankruptcy doesnt elminate the commitment of repayment of said student loan…OH WAIT, there is that predatory lending issue again…so ugly.
Many college grads fail to understand that one must produce something tangile ie work, or face layoffs or being terminated.
Seems many college grads suffer from delusions of grandeur.
art
June 1st, 2009
2:04 pm
All of you good-ole boys, just keep your trap shut! I’m soo tired of all of you’re nonsenical babble! Go to Ireland, Artic, Iceland,wherever, and crawl back into your holes.
RetLTC
June 1st, 2009
2:07 pm
Yeah Ron, we know. It’s a minority conspiracy against angry white guys like you. News flash Ron. You aren’t going to stave off the inevitable. If the republican party doesn’t become more inclusive and diverse, no program can save you.
Ron
June 1st, 2009
2:11 pm
Ret – What is the inevitable? What conspiracy against white guys are you referring too? And I may be angry but why must I be a “white guy”? I am just an angry guy in regards to how our government is being run. Of course I was angry before the current administration.
Eddie Murphy
June 1st, 2009
2:13 pm
HEY HEY…Lets get back on track…
“My girl likes to party all the time
party all the time
party all the time
My girl likes to party all the time
Paarrrrrty all the tiiiiiimmee.”
Get to singing FOOLS or Im gonna trot Arsenio out!
Confused Constitutionalist
June 1st, 2009
2:13 pm
So far I’ve seen at least 20 or more comments going on about a right to vote. Can anyone of you enlightened people (Dems or Repubs) please refresh my memory as to when an amendment was made to the Constitution that specifically gives you right to vote. Last I checked there was not such an amendment nor has Congress taken the issue up. You need to understand you have no constitutional right to vote. What you have is the privilege to vote. Big difference between a right and privledge. Need to understand that before you can move on to more complex problems as what Handel and the DoJ are discussing. But if you still feel you have a right, please tell me explicitly in the Constitution where is states that. Until then, please stop saying you have a right to vote. It’s better to let people think you’re government educated rather than writing a comment for everyone to read and showing that you are indeed government educated.
FC Crusher
June 1st, 2009
2:18 pm
I’m not sure your syllogism is accurate but I do understand your point. I will say that it is not because I don’t like the laws that I do not believe that the absence of voter fraud is attributable to the new laws. If that were the case then I would have to agree that the recent changes in the voting laws were the reason for the lack of voter fraud, and I do not. Back when these reforms were formulated there was no evidence of voter fraud and this was admitted by Georgia Election officials and Sue “blacks only vote when they are paid” Burmeister. And, as a matter of fact the only area the Bush Justice Department found such fraud was in the area of Absentee Ballots which were not addressed in the reform.
So my issue here is that we are throwing money and effort after an issue that DOES NOT EXIST. I cannot be plainer than that. It’s like Chicken Little screaming about the falling sky. No amount of bluster or volume will suffice to justify spending money to correct a problem, and pardon me for repeating myself, that DOES NOT EXIST!
Concerned Southerner
June 1st, 2009
2:18 pm
I am still in favor of right before you go to the voting booth you have the option to place your ballot or receive three scratch off lottery tickets. That would take care of the idiot vote.
Master
June 1st, 2009
2:18 pm
Its a shame Ron had to write his own name on the ballot.Just another repudlican with out any hope.Why would you want Powell on the Ballot? the King Kong in sane idiot Rush said Mr Powell isnt a repulican.My Steele the stoll pigeon/uncle Tom is doing a great by kissing up to his white Masters.Mr Steele is on his way to a masters degree in puppeteering.
oldtimer
June 1st, 2009
2:19 pm
I am not surprized. American middle class citizens have been slowly loosing power for a while.
south side
June 1st, 2009
2:22 pm
I guessACORN was working for Bush in2000 .Who cares if Georgia isa swing state or not ?Ga has prove to be a state of idiot as leaders with no vision or sense.Under dem rule this state was prosperous . Under repub Ga is a third world country
RetLTC
June 1st, 2009
2:23 pm
Since you place such emphasis on the “ineligible” minority voters, obviously you think all of them vote against republican candidates. Since the republican party is the one pushing this program, and since the republican party is majority white in Georgia, it doesn’t take calculus to figure it out Ron. The more minorities that can be kept from the polls the longer republicans hang on to Georgia. The inevitable is Ron, that in the near future Georgia will go the way of the rest of the nation. Republicans will be out and minorities will play a powerful role in pushing them out with Latinos as the catalyst. That is what white republicans are scared of. If the angry white guy shoe doesn’t fit you then don’t wear it. But it fits a hell of a lot of scared republicans.
Eddie Murphy
June 1st, 2009
2:25 pm
Oh touche’ lil massa…funny how anytime a black person agrees with a white person they are labeled “uncle tom” by the blacks….bravo!!
I guess black on black violence begets black on black racism. Too bad Condi had to suffer the same treatment. Funny how the blacks want the whites to “include” them, then when we do these same blacks are referred to as uncle toms. Who is the REAL RACISTS here? mmm hmmm.
Too bad you didn't study history
June 1st, 2009
2:27 pm
Hey Retar–, er, I mean, “Constitutionally Confused”
Fifteenth Amendment (1870): The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any State on account of race, color, or previous condition of servitude. The Congress shall have power to enforce this article by appropriate legislation.
Nineteenth Amendment (1920): The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any State on account of sex. Congress shall have power to enforce this article by appropriate legislation.
RetLTC
June 1st, 2009
2:29 pm
FC Crusher
June 1st, 2009
1:52 pm
RetLTC,
I’ve been asking the same question since 11am and all it got me was being called a race baiter by a Turd which still makes no sense to me.
Good luck in your quest.
FC Crusher, like his namesake and his party of choice Turd’ll swirl around the bowl before finally being sucked into the sewer. But it’s going to be a lot of fun watching the swirl before the suck.
Master
June 1st, 2009
2:31 pm
Nowhere in the United States Constitution is there an explicit declaration of the right to vote. Initially the Constitution appears to have left that right up to the states, which generally limited the franchise to white male property owners, who were citizens of a certain age, occasionally of a specific religious faith. For example, in Minor v. Happersett (1875), the U.S. Supreme Court rejected a claim by a Missouri woman that as a citizen the Constitution gave her a right to vote. The Court rejected her claim, indicating that citizenship did not necessarily include the right to vote; states could decide who had that right.
Commencing after the Civil War, a series of constitutional amendments were adopted that addressed the right to vote. The Fifteenth Amendment (1870) prohibited states from denying the right to vote on account of “race, color, or previous condition of servitude.” The Seventeenth Amendment (1913) permitted the direct election of U.S. senators. The Nineteenth Amendment (1920) enfranchised women (see Gender). The Twenty‐fourth (1964) banned poll taxes. The Twenty‐sixth (1971) directed states to allow qualified citizens who were age eighteen or older to vote. Finally, the Equal Protection and Due Process Clauses of the Fourteenth Amendment (1868) came to be read as preventing states from enacting suffrage laws that conflict with fundamental principles of fairness, liberty, and self‐government. Yet none of these amendments affirmatively granted the right to vote.
Master
June 1st, 2009
2:35 pm
The battle by African‐Americans to obtain the right to vote was long and arduous. Originally, the Constitution was silent on the right of African‐Americans to vote; instead, Article I, section 2 only referred to them as “other persons,” counted only three‐fifths of free persons. After the Civil War and during Reconstruction, African‐Americans were permitted to vote and they elected several members of Congress in the South. In 1870 the Fifteenth Amendment made it unconstitutional to deny the right to vote on the account of race.
When Reconstruction ended, so did effective franchise rights for African‐Americans. Many southern states enacted a variety of restrictions on African‐American voting rights. Some states instituted polls taxes that required African‐Americans to pay a fee to vote. Others imposed literacy tests upon African‐Americans that asked them to answer often arcane trivia in order to vote. Still other states enacted laws that declared that individuals could vote only if their grandfather had that right, or used white primaries as a means to exclude African‐Americans from participating in elections. Through these laws, as well as by outright intimidation by the Klu Klux Klan and other groups, African‐Americans effectively were without franchise rights until the 1960s.
The Supreme Court initially upheld literacy tests and poll taxes as constitutionally permissible means by which to maintain a responsible and informed electorate, but in the 1920s Democratic party primaries in which participation was restricted to whites began to crumble under judicial attack in cases such as Smith v. Allwright (1944). By 1953 the Supreme Court in Terry v. Adams dealt the last of what had been a series of blows to that exclusionary practice.
It was not until the 1960s that the Supreme Court and the federal government began to take serious steps to protect the right to vote for African‐Americans. The Twenty‐Fourth Amendment in 1966 made the poll tax illegal, the reapportionment cases declared malapportionment on account of race to be unconstitutional, and these cases also established a constitutional right to vote at the state and federal levels.
south side
June 1st, 2009
2:37 pm
How about dissolving the state of Georgia it serves no purpose anyway .Let the metro Atl form our own state and the rest of Ga become part of another state. In its current form its GEORGIA THE EMBARRESS ME STATE
AJCsucks!
June 1st, 2009
2:37 pm
Wow! AJC is a freaking joke. You guys ignore the new black panther party case getting dropped. Even though there was a real case that had a bunch of racists standing in front of a voting location with a weapon and spewing racial slurs.
Obama has proven to be the worst president ever!
Icare
June 1st, 2009
2:40 pm
Youtube of Black Panthers at Philly polls
http://www.youtube.com/watch?v=neGbKHyGuHU
Mr. Height
June 1st, 2009
2:42 pm
why do everytime anybody rule against the republicans you people always have something tot say. It could be the right decision but you are going to be against it because Obama is the new president. People have been telling black people to get over certain things for a long time now, so im telling you to do the same thing. Remember you are not natives of this land either so stop claiming it also There is no law stating that you or your group cannot be outside the poling place. you have to be a certain distance if you are campaigning for someone. If you republicans want the KKK to stand out for your party so let it be. its still not going to stop me from making my vote and if you have a problem with it go up to the panthers yourself and make them.
FC Crusher
June 1st, 2009
2:44 pm
You are absolutely correct in the “right to vote” is not explicit in the Constitution. It is, however implicit as is evidenced by the texts of the 15th, 19th, and 26th amendments.
15th Amendment: The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any State on account of race, color, or previous condition of servitude.
19th Amendment: The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any State on account of sex.
26th Amendment: The right of citizens of the United States, who are eighteen years of age or older, to vote shall not be denied or abridged by the United States or by any State on account of age.
Using sound legal reasoning it becomes clear that you cannot deny or abridge a right that does not exist. The Court in its decisions have recognized other implicit rights in the Constitution, most notably the Right to Privacy. Therefore I would argue there is an implicit right to vote.
But if you are a strict constructionist and believe that implicit rights do not exist, which is a valid (if flawed in my opinion) position to take then for the sake of argument I must agree that there is no explicit Right to Vote in the Constitution. However, the 10th Amendment says that “The powers not delegated to the United States by the Constitution, nor prohibited by it to the State, are reserved to the States respectively, or to the people.” So if an explicit right exist then it is a State Right, not a Federal right.
I may not have explained the issue but I thought I’d put my government education to use for a change.
Panther 1
June 1st, 2009
2:46 pm
Just hold on, we (Black Panthers) are coming to a small town near you. We have 450 years of pay back to dish out. So keep up the trash talk and help us further our cause. Be mindful leaving your local ho down or Walmart. You might receive some black oppression. Don’t laugh it’s coming.
Icare
June 1st, 2009
2:48 pm
Youtube of poll watcher (Dem) being refused entry at polling station in Philly:
http://www.youtube.com/watch?v=f-HK_VT81Pk&NR=1
I cannot wait for the next election. (if we’re allowed one)
Ron
June 1st, 2009
2:50 pm
WOW “Uncle Tom”!!!! Really???? It doesn’t get much more racist than THAT!
Icare
June 1st, 2009
2:50 pm
Panther 1 = worst bait ever.
Mr. Height
June 1st, 2009
2:54 pm
Obama has proven to be the worst president ever!
Since when? He just became President. Remember he is trying to fix what the Bush administrative have put this country in. Obama hasn’t been able to focus on his plan because of the crap the Republican has done. You Really have to be a real hater, racist or something to even say something like that and ignore the fact that this mess that you see is not the last adminstrations fault plus the rest of us americans for being so greedy. Why can Dems disagree with Dems but republicans can only disagree with Dems and not their own party. This is why we are in the crap we are in today because these parties cannot come together to work things out for the country. How can you hope a president fail at this time in our life. You are not a hater, you are a REAL RACIST!!! Just Admit it. Racism still Lives.
The REAL GodHatesTrash
June 1st, 2009
2:54 pm
You know, if they issued an intelligence requirement of, say, an average IQ of 100 in Georgia, they’d never have to open the polls in the whole darn state…
RetLTC
June 1st, 2009
2:58 pm
If the Bush administration hadn’t have done such a pizz poor job, would there even be an Obama administration? You reap what you sow. And as John McCain and several others have clearly stated, elections have consequences.
Ron
June 1st, 2009
2:58 pm
Quick question – If all of these issues are Bushes fault where were all the opposeres when his bills were coming through congress? Why didn’t congress put a stop too it?
It is both sides fault for this entire mess we are in.
As for why Powell? He is an excellent military man. That is why.
south side
June 1st, 2009
2:59 pm
This whole state is one big joke. And one would be a fool to trust this state gvmt.But pretty soon the repub will be excint and the U.S. can be a great nation again
Yep
June 1st, 2009
3:11 pm
I am so sick of many on this board of reduciing every issue that comes along down to race. “You are a racist if you don’t agree with my views” What BS!!! People, this is really about allowing non-taxpaying and no-registered citizens the right to steal from the rest of us who actually EARN the right to vote through our hard work and taxes.
The socialist left is sing race baiting to cloud the issues and make us look the other way while thousands of illegals sneak under the fence and vote for the hand-out government policies and candidates. Why shouldn’t they? They aren’t invested in this country anyway!
Wake up and say something people before this county falls into 3rd world status!
Glenda
June 1st, 2009
3:14 pm
Why are you blaming President Obama for the mess in this country. It did not originate with nor from him, President Obama. It was in a mess when I was born and it still is because of hypocrisy and hatred.
No Way
June 1st, 2009
3:18 pm
Mr height you my friend may be the dumbest of all. How do you figure the bamster has not been able to focus on his agenda. If he hasn’t focused on his agenda help us all. If we are a real racist for not liking our president, just like you didn’t Bush, then let it be but don’t take our money and then call us evil. That would make you a what? You know. Come on! The truth is my family will always be fine and you will always be crying that someone has done you wrong and everyone is racists. I am SO glad I am not you.
SOUTHERN ATL
June 1st, 2009
3:19 pm
Roy Barnes is about to turn this “Great State” BLUE again!!! That is why so much fear is taking place….The candidates that have declared their spots on the Republican ticket will be highly disappointed and they know this!!!!
vader
June 1st, 2009
3:19 pm
Typical! It’s never a problem (illegal workers) until the person sees his or her power (voting control) slipping away. Now, I am certainly for verifying the legal right to vote, and agree this could be done with a valid driver’s license. However, the problem there is a person doesn’t have to be a US Citizen to get a license in some cases. There is simply too litte uniformity. Not to change the subject, but anyone remember In the Line of Fire (Clint Eastwood). Just a thought, when he was able to get the finger prints of the person and gave to the other US Agency to run the match, they found a match, but it was C-12 confidential. What! How could this be?
Well, this is no different with this voting stuff. The same agencies which should be all about the same principle is not. They are only collaborative when it’s a mutual score regardless of whether its right or wrong.
Yes, I said all of that to say this:
Georgia has known for years the influx of minorities who were not able to vote, but it was overlooked for various reasons (housing, contruction low wages), but now some see the things changes and its not in their favor.
As far as all the negative comments for Obama, speaking evil of a person isn’t going to change your circumstances, grow up, and do something productive….
No Way
June 1st, 2009
3:20 pm
Mr Height don’t right a check your panthers can’t cash loser. I dare you and your jigs to come get some of this. We still own you and always will
RetLTC
June 1st, 2009
3:22 pm
Maybe Ron, because until the 06 elections you had a republican congress and senate rubber stamping Bush policies.
south side
June 1st, 2009
3:23 pm
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