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PI's Actions May Have Violated Federal Voting Laws, Say Experts

Four separate experts on voting rights have confirmed to TPMmuckraker that the behavior of a private investigator apparently hired by a New Mexico Republican party lawyer, that we reported this morning, potentially violates federal voting laws.

Gerry Hebert, a former acting head of the voting rights section of the Department of Justice, told TPMmuckraker that the P.I.'s actions appear to violate the criminal section of the federal Voting Rights Act, which makes it a crime to willfully injure, intimidate, or interfere with a person attempting to vote. Hebert added that a separate statute makes it a crime to conspire to intimidate someone in exercising their right to vote -- a provision that could apply to GOP lawyer Pat Rogers or others in the state party who may have been involved in the scheme.

"A matter like that ought to be reported to the DOJ immediately," said Hebert, adding that he planned to do so.

Jon Greenbaum of the Lawyers Committee for Civil Rights agreed, and added that the activities detailed in TPMmuckraker's report could violate both criminal and civil voting rights statutes. Greenbaum pointed to a civil provision of the Voting Rights Act which says that it violates the law to intimidate, threaten or coerce someone from voting or not voting.

Greenbaum too said he planned to pass on to the Department of Justice the claims made in our report.

Rick Hasen, a professor at Loyola Law School in Los Angeles and a noted expert on election law, also said that the behavior potentially violated the Voting Rights Act or other federal civil-rights statutes.

And Wendy Weiser, a voting-rights expert at the Brennan Center for Justice, further confirmed that take.

An Albuquerque woman told TPMmuckraker yesterday that a man identifying himself as a private investigator hired by Rogers came to her mother's house Wednesday asking her mother for personal information and warning her not to vote if she wasn't properly registered. A second woman in the same city provided a simlar report to TPMmuckraker. The voters' names had been publicly released last week by Rogers and others affiliated with the state party, who claimed that 28 mostly Hispanic people had voted fraudulently in June. It was later determined that many of the people whose names had been released were valid voters.

The New Mexico Independent first reported the news of the intimidating visits last night.


13 Comments

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Obviously this story bears watching, which is why I linked to the (short) AP treatment and insinuated that it may be the result of extraordinary Republican fundraising in a post yesterday and clicked for it to appear in the Muckraker sidebar, where it still lives almost 24 hours later.

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They're going to pass the information to the DOJ?? Please. I hardly know where to begin.

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This also implicates NM elections/civil rights laws. and it's not much of a stretch to say it may implicate anti-harassment statutes.

And certainly those subjected to the efforts to intimidate should have a private right of action against not only the P.I. but the party or parties who hired him. The fact-pattern points directly to arrogant doofus Rogers. And regardless whether the state party admits to having a role in it with him, they may be paying out some big bucks in damage awards.

Arrogant thugs such as Rogers NEED to be in jail, because it's obvious that laws alone aren't sufficient to constrain his lawlessness.

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I was referring to the DOJ's less than stellar history in this regard. But hey, maybe they can get Hans and Brad back on the case.

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I didn't know there were still anymore voting rights lawyers left in the justice department?

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Gerry Hebert, a former acting head of the voting rights section of the Department of Justice, . . . .
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FORMER.

Other FORMER DOJ voting rights lawyers have commented on these issues over the past several days, also speaking to facts v. Republican allegations about ACORN.

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Ah, the Rovian irony, after McCain warns the country of the sinister
ACORN committing "one of the greatest frauds of voter history in this country, maybe destroying the fabric of democracy in this country," we are finding legit voter fraud left and right by teh R scumbag machine.


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maybe they should report it directly to Karl Rove....

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Did GOP Lawyer Hire P.I. To Intimidate Voters?
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That link is not working.

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They clearly broke not just a law, but a whole bunch of laws. Criminal laws. Federal ass-pounding prison criminal laws. Conspiracy to deprive of rights under color of law, intimidation.

I was kind of amazed that a lawyer would be willing to be so visably involved in setting something like this up until I remembered that Republican officials, lawyers or not, had gotten into the Scooter Libby style habit of thinking of laws were for little people.

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I have to question whether he's actually a lawyer. I've encountered far-right wingnuts who claim to be attorneys, or lawyers, depending on the politics of the context.

Actually they are no such thing, but they are convinced that lawyers, who get an actual education in actual law, know less about law than wingnuts who have no education in law.

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Dear Pat Rogers,

We have good news and bad news for you. The good news is that you're correct about voter fraud in New Mexico. The bad news is that you're doing it.

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The ACLU should be given notice of this. They can evade any court sanctions, but a civil suit is something else.

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