Voting Rights Institute

“This is wrong, and it is illegal.”

Posted by Will Crossley, Director and Counsel for Voter Protection on December 3, 2009 at 12:32 PM

On Tuesday a federal court rejected an attempt by the Republican National Committee to nullify a consent decree that has been in place since 1982 to provide for minority voter protection. The consent decree bars the RNC from using “ballot security” measures that target minority and under-represented communities for voter intimidation and voter suppression. It was put in place following a lawsuit filed by the DNC against the RNC, and was extended by the courts in 1987 to cover the nation.

Last November the RNC went to court to challenge the decree, arguing that the party’s so-called “ballot security” programs are essential to preventing voter fraud. In rejecting these arguments, the court found that there is “no indication” that voter registration fraud threatens the integrity of elections, noting that the RNC was “unable to point to a single instance in which an individual actually voted using … a fictitious identity.”

Instead, the court called the RNC’s “ballot security” measures —including compiling lists to challenge minority voters at the polls— “politically-motivated” and found that they “result in the disenfranchisement of many individuals whose eligibility is not in question.”

In a joint statement released following the judge’s decision, DNC Chair Tim Kaine and Vice Chair Donna Brazile said:

“For years, Republicans have engaged in deplorable practices that intimidate voters and make it more difficult for them to cast their ballot. This is wrong, and it is illegal. As the court made clear, these types of actions stand in the way of Americans’ fundamental rights under the Constitution of the United States.

...These are not the ideals that our country was founded on, and they should not be tolerated. We applaud yesterday’s decision and recommit ourselves to fighting to ensure that the right to vote is fully protected.”

Click here to read Chairman Kaine and Vice Chair Brazile’s full statement.

Click here to read the judge’s full decision.