Democratic National Committee:

Democratic National Committee Chairman Howard Dean today sent a letter to Republican National Committee Chairman Ken Mehlman calling on the Republican leader to confirm that "the RNC will refrain from engaging in, assisting in or participating in any" program that could potentially disenfranchise voters in these midterm elections. The letter specifically calls on Mehlman to comply with both the letter and spirit of a "consent decree," which was entered into as a result of a lawsuit the DNC filed against the RNC over Republican so-called "ballot security" initiatives that targeted predominantly African American and Hispanic voters to keep them from exercising their fundamental right to vote.

This November it will have been 25 years since the RNC scheme was used in New Jersey by Republican operatives who compiled a list of 45,000 voters to challenge at the polls because mail to the address at which they were registered had been returned. RNC poll watchers tried to have those voters removed from the rolls, and Republican operatives employed off-duty county sheriffs and local police to watch polling places in predominantly African-American and Latino precincts where they had posted signs warning minority voters that it was a crime to violate election laws.

In 1986, the RNC tried the same tactic in Louisiana targeting 31,000 voters, and the "consent decree" was subsequently expanded forcing the RNC to obtain prior court approval for all efforts to allegedly combat "voter fraud" other than standard poll watcher activities. The amended "consent decree" remains in effect, and requires the RNC to provide the DNC with 20 days notice prior to going to court to submit "ballot security" programs for approval. Since the November 7th elections are less than 20 days away and the RNC has not notified the DNC of any such initiative, the letter calls on Republican Chairman Mehlman to confirm that no such activities are planned by the "RNC itself, its state or local parties, Republican candidates or allied organizations such as the Republican National Lawyers Association or National Republican Senatorial Committee."

In the letter Dean reminded Mehlman that "as the chairmen of the two major national parties, we have a responsibility to encourage people to participate in the political process and aggressively guard their constitutionally protected right to vote." Dean further urged Mehlman to reply promptly "so that all eligible registered voters can be assured of a fair election and of having the opportunity to vote free from harassment, intimidation or other efforts to deny them the right to cast their vote and have it counted."

Copies of the letter were also presented at a press conference in New Jersey marking the 25th anniversary of the scheme.

Listed below is a small sample of the tactics used by Republicans in recent elections to intimidate voters across America. For more information about the Democratic Party's comprehensive national voter protection program to ensure the American people can vote with confidence in all 50 states visit http://www.democrats.org/voterprotection.

RNC Chairman Ken Mehlman Vowed to Challenge Voters at the Polls. During an appearance on behalf of the GOP gubernatorial candidate in Virginia in 2005, RNC Chairman Ken Mehlman vowed to "do whatever we can to help make sure Jerry Kilgore becomes the next governor of the state" - including, according to the AP "having poll workers on hand to challenge voter eligibility." [AP, 05/26/05]

Convicted Republican Phone Jammer Blamed GOP "Culture" and Was Afraid to Push Back on RNC Official. As he finished serving a prison sentence for "jamming Democratic phone lines in New Hampshire during the 2002 US Senate race," Allen Raymond told the Boston Globe that the "scheme reflects a broader culture in the Republican Party that is focused on dividing voters to win primaries and general elections. He said examples range from some recent efforts to use border-security concerns to foster anger toward immigrants to his own role arranging phone calls designed to polarize primary voters over abortion in a 2002 New Jersey Senate race." The scheme led to "the convictions of Raymond and two top Republican officials, and a Democratic lawsuit that seeks to determine whether the White House played any role." Allen said "he got caught up in an ultra-aggressive atmosphere" and that "he had been reluctant to turn down a prominent official of the RNC, fearing that would cost him future opportunities from an organization that was becoming increasingly ruthless." [Boston Globe, 06/10/2006]

Virginia County Asked to Halt Plan for Armed, Uniformed Police at Polling Places. The ACLU said that the planned police presence is a reminder of when armed government officials were used to prevent minorities from voting and will only intimidate many potential voters, causing them to avoid the polls. [http://www.aclu.org/VotingRights/VotingRights.cfm?ID=16862&c;=32, 10/21/04]

RNC Funded Company Trashed Voter Registration Forms: "Voter's Outreach of America" aka "America Votes" is responsible for ripping up democratic voter registrations in Nevada. According to the investigative report, hundreds and perhaps thousands of individuals who think they are registered to vote actually are not. The organization has reportedly left Nevada and gone to Oregon. Full transcript of story attached... Well, the company [Voter's Outreach for America, aka America Votes] has been largely, if not entirely funded by the Republican National Committee. We should also point out that similar complaints have been received in Reno, where the registrar there has asked the FBI to investigate. It's a complicated story and we'll have a lot more tonight and I think in the days ahead." [KLAS Las Vegas Channel 8, 4pm news, Oct. 12, 2004]

Armed, Plain Clothes Police Officers Intimidated Elderly Black Voters In Orlando.
Plain clothes police officers, revealing their side arms, made house calls to elderly, black voters who voted in Orlando's mayoral race in March 2003. The voters were in large part campaign workers or volunteers that helped to organize and get out the vote, mainly using absentee ballots, for African- American Mayor Buddy Dyer. Dyer won with just under 51% of the vote. His challenger, Ken Mulvaney and other defeated candidate alleged that Dyer aide, Ezzie Thomas, the 73-year old head of the Orlando League of Voters, filled out multiple absentee ballots on behalf of black voters. These actions came in spite of the fact that in May 2003 the Florida Dept of Law Enforcement had concluded "that there was no basis to support the allegations of election fraud."[Bob Herbert Column, New York Times, 8/16/04, 8/20/04; AP, 7/17/04]

Florida Election Officials Sought To Purge African-Americans From Voter Rolls.
Florida Officials Struck Over 2,000 Eligible Voters From Voting Rolls, 62% Were Democrats, More Than Half Were Black. An analysis by the Miami Herald found that the Florida Division of Elections had improperly included 2,119 voters who were on a list of more than 47,000 felons potentially ineligible to vote in the November elections. Florida law requires convicted felons to request clemency in order to regain their right to vote. Of the 2,119 people on the list, 62% were registered Democrats, almost half were Black and less than 20% were Republican. Only sixty-one Hispanics were included on the list of over 47,000 felons though they comprise 11% of the prison population, a politically significant fact for the November elections since Hispanics in Florida vote overwhelmingly Republican while Blacks vote Democrat. [Miami Herald, 7/2/04; Sarasota Herald-Tribune, 7/7/04, 7/8/04; New York Times, 7/10/04]

Native Americans Told "To Go Home" In June Primary. Poll workers demanded identification from Native Americans in South Dakota's June primary, and they illegally turned away Native American voters from the polls when they did not have it. The state's elections auditor sent out a memo to state poll workers stating that all voters must have IDs, but did not widely disseminate information that said that voters could sign an affidavit in lieu of showing identification. State Democrats say that the actions by poll workers were an extension of a wider move by the GOP controlled state legislature to suppress Native American turnout. The law requiring voters to show identification was passed last year. One South Dakotan voter turned away from the poll was told by an elections worker that "if she didn't' have a photo ID, she could just turn around and home." [Argus Leader, 6/11/04]

Kentucky Republicans Will Place Vote Challengers In African American Precincts.
Kentucky's Jefferson County Republican Party announced that it will place Republican vote challengers in predominantly African American precincts during the November 2004 elections, reiterating their 2003 attempt to suppress voter turnout. In 2003, county Republicans placed challengers at 18 polling places in predominantly black districts. However, even Republicans have taken offense this year, and a dozen Republicans including two African Americans joined together to protest their party's actions. [AP, 7/30/04; Courier-Journal, 8/3/04]

Michigan Republican Lawmaker Says Gop Needs To "Supress" The Detroit Voters.
Michigan State Representative, John Pappageorge, told members of the Oakland County Republican party that the GOP would do poorly in this year's elections if it failed to "suppress the Detroit vote." Pappageorge's comments were a thinly veiled mandate to suppress African American voter turnout in a city where 83% of the population is Black and overwhelmingly votes Democratic. [Detroit Free Press, 7/16/04; AP, 7/21/04; Washington Post, 8/26/04]


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Below is a copy of the letter as delivered to the RNC:

October 30, 2006

Honorable Ken Mehlman
Chairman
Republican National Committee
310 First St., S.E.
Washington, D.C. 20003

Dear Mr. Chairman:

As the chairmen of the two major national parties, we have a responsibility to encourage people to participate in the political process and aggressively guard their constitutionally protected right to vote. As you know, the modified consent decree in the case of Democratic National Committee v. Republican Committee, C.A. No. 86-3972, U.S. District Court for the District of New Jersey, entered on July 29, 1987, remains in effect. That decree, as you know, resulted from the RNC engaging in so-called "ballot security" programs targeted at challenging minority voters in African American and Hispanic communities.

That consent decree prohibits the RNC from engaging in, assisting in or participating in any "ballot security program," other than "normal poll watch functions," "unless the program (including the method and timing of any challenges resulting from the program) has been determined by this Court to comply with the provisions of the Consent Order and applicable law." Applications by the RNC "for determination of ballot security programs by the Court shall be made following 20 days notice to the DNC which notice shall include a description of the program to be undertaken, the purpose(s) to be served and the reasons why the program complies with the Consent Order and applicable law."

At this point, it is too late for the RNC to comply with the 20 day deadline for notifying the DNC of any intended application to the Court for approval of any ballot security program. We assume, therefore, that the RNC does not intend to apply to the Court for approval of any such program, and that you intend to respect both the letter and the spirit of the law. For that reason, we also assume that the RNC will refrain from engaging in, assisting in or participating in any "ballot security program" carried out by anyone, including the RNC itself, its state or local parties, Republican candidates or allied organizations such as the Republican National Lawyers Association or National Republican Senatorial Committee.

Please confirm to me as soon as possible that our assumption and understanding in regard to the consent decree are correct, so that all eligible registered voters can be assured of a fair election and of having the opportunity to vote free from harassment, intimidation or other efforts to deny them the right to cast their vote and have it counted.

Thank you for your time and attention to this important matter and I look forward to hearing from you promptly.

Sincerely yours,

Governor Howard Dean, M.D.
National Chair

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