Federal Election Observers and Monitors Needed for Nov. 7th

Recipient: Assistant Attorney General Wan J. Kim

Dear Assistant Attorney General Kim:

On behalf of the Leadership Conference on Civil Rights (LCCR), the nation’s oldest, largest, and most diverse civil and human rights coalition, we write today to highlight a number of jurisdictions around the country where we believe the presence of federal election observers, pursuant to the Voting Right Act, 42 U.S.C. 1973, et seq., or Civil Rights Division attorney monitors, would help mitigate potential voter intimidation and vote suppression. This is by no means an exhaustive list. Instead, it is a selection of locations brought to our attention by some of our member organizations.

For many years, LCCR has been actively involved in efforts to ensure the protection of minority voting rights. Many of our member organizations engage in voter empowerment and election protection activities that seek to promote civic participation, as well as litigation and other efforts to prevent the disfranchisement of minority voters

We understand that the Civil Rights Division, as is its usual practice, has undergone a nationwide assessment of where the deployment of observers and monitors would be most useful. The Civil Rights Division’s role in making these important assessments is the key to a successful observer program on Election Day and any suggestions that we may offer cannot in any way relieve the Division of its obligation, with its superior resources, to perform that important function. We also understand that you will be sending observers and monitors to areas where the Division is monitoring the implementation of consent decrees, and where you are engaged in active investigation of potential violations of the Voting Rights Act. At the same time, we appreciate your reaching out to us for additional insight into where Civil Rights Division involvement would be most useful.

As you know, it is often difficult for us to assess precisely where problems will occur with minority voter intimidation and vote suppression much in advance of Election Day. However, as a general matter, voter intimidation is likely to be most problematic in states and counties where the election is closely contested, and where there is significant racial bloc voting, i.e., where minority voters tend to vote as a bloc to support one candidate. Examples of concerns that we are hearing from across the country include:

Alabama

In the following seven counties, Chambers, Henry, Houston, Lee, Talladega, Tuscaloosa, and Washington, Black candidates are reportedly challenging White candidates in the upcoming general election. These seven counties range from 23.2% (Lee) African American to 38.5% (Chambers). Local groups have expressed concerns about fairness in the upcoming contests and a desire for federal observers.

Alaska

Alaska continues to be the top area of electoral concern for the Native American community. The Native Alaskan community faces multiple barriers to voting access in Alaska. Most notable, Alaska has never implemented the language protections required by Section 203 of the VRA. In addition, dozens of Alaska Native villages have no polling precincts, which is of particular concern since problems with absentee ballots was the number one complaint in Alaska during the last election cycle.

Arizona

Given the ongoing dispute over the voter identification and proof of citizenship requirements for voting contained in Proposition 200, and the intensity of anti-immigrant sentiment in Arizona expressed in public rallies and other protest activities, there will likely be confusion and confrontations at the polls on November 7th. DOJ should consider deploying observers widely throughout the state as both a deterrent to potential problems and to document abnormalities if they occur. In addition, Native American racial issues have become involved in several key races in Arizona. For example, racial tensions have risen in a key Congressional race because of a disagreement over whether or not a Native State senator endorsed one of the Congressional candidates.

Louisiana

Hurricane Katrina presents a number of unique challenges for voters in Orleans Parish and for those who remain displaced. In addition, the parish has had difficulty recruiting sufficient election commissioners raising concerns about the ability of Black voters, and others, to access the ballot box on Election Day. Finally, there are concerns with respect to the ability of Asian Americans in the parish to receive necessary langauge assistance at the polls.

In St. Landry Parish, Louisiana there is a racially heated run-off election for the vacant sheriff’s seat. The interim sheriff, Laura Balthazar (a Black woman), is being challenged by Bobby Guidroz. Guidroz used racial slurs at a number of his public campaign events in reference to his Black opponent.

Montana

Montana has experienced historic voter intimidation and voting right infringements against the Native American community. There are some increased concerns over voter intimidation this election cycle because of the close Senatorial race.

New Jersey

The ACLU has received complaints from Penn’s Grove in Salem County about a June 2006 primary and the targeting of Hispanic voters by local officials and police. An election contest was filed challenging 150 Hispanic voters’ absentee ballots (out of 350 or so cast). Reportedly, police detectives went to residences to see if registered voters were listed on the leases of the addresses listed on voter registration forms. The judge also ordered election officials to ascertain whether the disputed voters were on the leases. The judge ultimately ruled that there was not enough evidence of voter fraud to sustain the election challenge. Local Hispanic voters are worried about a repeat of official harassment in the November election.

The ACLU has also received allegations that during the primary election this year, non-English speaking Hispanic voters in Plainfield, Union County, were provided with aggressive “help” by poll translators, who actually pushed the buttons for the voters without their permission or understanding.

New Mexico

In 2006, the ACLU filed suit challenging a restrictive municipal voter identification law in Albuquerque, suggesting that there might be problems at the polls on Election Day.

North Carolina

In Chatham County, North Carolina, there is a hotly contested local referendum that would require single-member district voting for county commission. It is opposed by black residents because they have been able to elect candidates of their choice at large since the mid-1970s, thanks to effective coalitions with progressive white voters. Black residents fear that those supporting the referendum will engage in some voter suppression tactics on Election Day because they know that blacks are heavily engaged in get out the vote efforts to defeat the referendum. The county seat is Pittsboro, and the other town in the county is Siler City. They would like to have observers anywhere in the county but most black voters live in one of those two towns.

Oklahoma

There has been a history of racial tension in Oklahoma, and the Native community has had long term concerns with systemic racial hostility throughout all steps of the electoral process. Oklahoma is the home of the national Anti-Indian movement and active organizations such as the KKK. In Osage County a Native candidate is running and there is an on-going lawsuit between the Tribe and the County regarding jurisdiction issues. As a result, tensions have risen. Many comments have been heard publicly along the lines that the community will “not let the Indians take over.”

South Dakota

Native American voting