ACORN

Before Recount, GOP Smearing Minnesota Sec Of State

Zachary Roth | November 11, 2008, 5:00PM

The recount in the Minnesota Senate race hasn't even begun yet, but already the GOP is working to delegitimize it in advance, by smearing the man who will run it as a partisan Democrat.

The National Republican Senatorial Committee (NRSC) has been distributing to reporters a three-page "backgrounder" that attacks Secretary of State Mark Ritchie, a Democrat, for having spoken at the Democratic convention this summer, and for having "led a voter registration coalition that included ACORN," among other alleged sins.

In the first vote count, Republican incumbent Norm Coleman currently holds an edge of around 200 votes over Democratic challenger Al Franken, though that number may continue to dwindle as more votes are counted. Either way, the margin is easily close enough to require a recount under state law, which will begin next week under Ritchie's supervision.

Despite the backgrounder's sometimes hysterical compilation of anti-Ritchie greatest hits -- it claims that "the Communist Party USA Wrote Encouragingly Of His Candidacy," citing an unsourced line from a report in the Minneapolis Star Tribue -- there's no evidence that Ritchie has ever used his role as the state's top elections administrator to advantage Democrats.

But that likely misses the point of the GOP gambit, which appears to be to cast public doubt on the integrity of the recount process, thereby bolstering Coleman's claim that's he's the rightful winner and that a recount is unnecessary -- just the strategy pursued by George Bush's campaign in Florida in 2000.

Indeed, Coleman's shrinking lead in the first count has already prompted him to try to question the ongoing vote counting. A lawyer for the campaign yesterday told The Politico: "We're not going to sit idly by, while mysterious, statistically dubious changes in vote totals take place after official government offices close."

Voting

Legislating Early Voting and Universal Registration Create Partisan Rifts

Kate Klonick | November 7, 2008, 12:13PM

As we spend the day recounting yesterday, there were no incidents of voter fraud in the states where the GOP made a fuss over ACORN and other voter registration groups.

In fact, voting went remarkably smoothly, despite the surge in turnout -- a result, many voter experts say, of the use of early voting in key states.

Which raises key questions -- why isn't there early voting in all states? And after all of the debate over voter registration fraud, why not just institute universal voter registration?

"The single most important thing that Congress can do right now is create universal voter registration, which would mean that all eligible voters are automatically registered," said Rosemary E. Rodriguez, the chairwoman of the federal Election Assistance Commission, in an article on the subject in the New York Times this morning.
The majority of states -- 32 -- have early-voting, with Congress discussing its expansion, the Times reports.

In fact, legislation for universal registration is already in the works in Sen. Hillary Clinton's office -- which would minimize long lines and the problems created by third-party groups like ACORN, which might sate the appetite of the GOP who has long accused ACORN of propagating voter registration fraud.

But, as the Times points out, even though making voting easier might sound like a non-partisan issue accepted by both sides of the aisle, it is anything but:

Lorraine C. Minnite, a political science professor and voting rights expert at Barnard College, said Republicans had generally resisted such efforts in part out of concern about ineligible voters like noncitizens being permitted to vote.

"But the bigger reason that Republicans have resisted expanding the franchise," Dr. Minnite said, "is that the new people who are likely to come into the electorate are more often of lower income and are people of color, who tend to vote Democratic."

Tom Jensen, a Democratic pollster based in Raleigh, N.C., said early voting gave Mr. Obama the edge for his narrow victory in North Carolina by offering his campaign more time to organize rides and get people to the polls. Mr. Jensen noted that Mr. Obama won early balloting by 178,000 votes but lost among Election Day voters by 165,000 votes.

"Obama had a great ground game," he said, "but if you only have 13 hours to get everyone out, it's much harder."

ACORN

Ohio and Minn. Sec Of States: No Reports Of Voter Fraud

Zachary Roth | November 6, 2008, 2:39PM

Since we're rounding up the evidence (or lack thereof) of voter fraud taking place yesterday, it's worth also noting what the top election officials in Ohio and Minnesota told us on Tuesday night.

Ohio secretary of state Jennifer Brunner, a Democrat, said in a statement released toTPMmuckraker the night of the election: "We have received no reports of election irregularities in Ohio today - and we have been on the lookout for any hint of illegal voting or voter suppression."

And her counterpart in Minnesota, Mark Ritchie, also a Democrat, told TPMmuckraker in an interview that his office had received no reports of voter fraud.

In both states, Republicans or their allies had raised concerns about the possibility for fraud. Brunner had reportedly received death threats after she fought a GOP lawsuit aimed at cracking down on voter fraud. The Supreme Court sided with Brunner.

voter fraud

PA: No Voter Fraud Issues, Despite GOP Suit

Zachary Roth | November 6, 2008, 11:53AM

In Pennsylvania, where the state Republican party had filed a grab-bag of a lawsuit related to concerns over the integrity of the vote, there were no such problems yesterday.

Voting did not always go smoothly, reports the Associated Press. Fox News showed footage of a man in Black Panther attire holding a nightstick at the doorway of a polling place. There were long lines at many other locations. And according to voting rights groups, some voters whose names were missing from registration books were sent away without being given provisional ballots, as required.

But none of these problems related to voter fraud. That issue had been the major underlying concern of a lawsuit filed late last month by the GOP. It sought, among other things, to force ACORN air public-service announcements reminding first-time voters that they must bring identification to the polls, and to compel the state to provide more provisional ballots.

A judge rejected the suit.

ACORN

Minnesota Sec of State: No Reports Of Voter Fraud

Zachary Roth | November 4, 2008, 8:45PM

Minnesota Secretary of State Mark Ritchie says that his office received no reports whatsoever of fraudulent voting occurring today.

Ritchie, a Democrat, told TPMmuckraker that one young man did attempt to sell his vote on eBay(!), but he was quickly apprehended and charged with a felony. No one voted fraudulently in his name.

Minnesota Majority, a conservative group, had raised concerns about voter fraud in recent weeks.

Earlier tonight, we posted a statement from Ohio Secretary of State Jennifer Brunner, saying she also had received no reports of illegal voting in her state.

Ritchie said his office would conduct a review of the state database in the coming weeks, and that it was possible that they would find a very few cases of ineligible voters casting ballots.

But he stressed that, in his experience, genuine voter fraud "does not happen."

He added: "The specter of this is raised as a political strategy," by losing candidates, to explain their losses. Ritchie called the strategy "despicable."

ACORN

No Restraining Order For Rogers -- Voter Intimidation Suit Continues

Zachary Roth | November 4, 2008, 3:27PM

A judge declined today to grant a temporary restraining order against Pat Rogers, the New Mexico GOP lawyer who is being sued by MALDEF for alleged voter intimidation.

Nina Perales, a lawyer for MALDEF, told TPMmuckraker that despite the judge's decision, her organization believed it had achieved its goals, because Al Romero -- the private investigator hired by Rogers -- testified under oath that he would not go back to the home of one of the plaintiffs, Dora Escobedo, to question her about voting.

Romero's visits to Escobedo and another Hispanic woman in Albuquerque -- during which he questioned them about their right to vote -- triggered the lawsuit.

The visits were reported last month by TPMmuckraker and others.

Perales said MALDEF's lawsuit against Rogers and Romero continues, and will move to the discovery phase.

ACORN

No Ruling Yet On Restraining Order For Rogers

Zachary Roth | November 4, 2008, 8:47AM

The court hearing the lawsuit filed by MALDEF against New Mexico GOP lawyer Pat Rogers did not rule yesterday on the plaintiffs' request for a restraining order to be placed on Rogers, reports the Albuquerque Journal.

The plaintiffs, two Hispanic voters in Albuquerque, want Rogers and Al Romero, the private investigator and ex-FBI agent hired by Rogers, prohibited from intimidating the plaintiffs or challenging their ballots.

The judge, William P. Johnson, questioned lawyers for the plaintiffs skeptically, reports the paper, but said the hearing will continue this morning.

Rogers' attorneys argued that Rogers had hired Romero not because he wanted to intimidate voters, but because he wanted to investigate ACORN for a possible lawsuit. ACORN had registered the plaintiffs to vote. Romero's visits to one of the plaintiffs, Dora Escobedo, and to another voter, were reported last month by TPMmuckraker and the New Mexico Independent.

But Escobedo told the court that Romero came to her home and intimidated her about her right to vote, adding that he "not only threatened me, but he made fun of me."

Romero's lawyer said Romero didn't threaten Escobedo, and that he had good reason to visit her because her voter registration form contained discrepancies.

After the hearing, Rogers told reporters: "This (lawsuit) is clearly a strategy to distract Republican lawyers from the duty at hand, which is getting out the vote."

ACORN

More Use Of P.I.s By GOP In New Mexico?

Zachary Roth | November 3, 2008, 5:00PM

Is the Republican National Committee, too, turning to private investigators to help make it harder to vote in New Mexico?

David O'Niell, a P.I in the state, has told the New Mexico Independent that he was contacted by Todd Stefan of SETEC investigations, who told O'Niell he was recruiting P.I.s to advise poll challengers on election day, and was working on behalf of the Republican National Committee.

Stefan declined to confirm to the Independent that he was working for the RNC, but said: "I was told to see if there were some individuals, people with investigative experience, IT [information technology] experience... to advise attorneys and make sure that everything goes smoothly."

Voting- and civil-rights groups last week filed suit against the New Mexico GOP and Pat Rogers, a lawyer associated with the party, after the Independent and TPMmuckraker reported that Rogers had hired a private investigator who questioned several Hispanics in Albuquerque about their right to vote.

No evidence has yet emerged tying the national GOP to that alleged scheme.

In Wisconsin, the Republican Attorney General has called for law enforcement agents to serve as poll-watchers.

ACORN

Restraining Order For NM GOP Lawyer?

Zachary Roth | November 3, 2008, 2:36PM

A hearing is scheduled for this afternoon in the suit filed last week by MALDEF against New Mexico GOP lawyer Pat Rogers. The suit, triggered by reporting from TPMmuckraker and others, alleges that Rogers hired a private investigator, Al Romero, to intimidate Hispanics in Albuquerque about their right to vote. Romero is also named as a defendant.

MALDEF, which is bringing the suit on behalf of two of the voters in question, wants an injunction blocking Rogers from conducting further alleged intimidation of the plaintiffs, and from challenging the plaintiffs' right to vote.

The hearing will occur at 3pm EST today, before U.S. District Court Judge Martha Vázquez in Albuquerque. We'll keep you posted on what happens.

ACORN

McCain Camp Can't Give Example Of Registration Fraud Leading To Voter Fraud

Zachary Roth | November 2, 2008, 11:33AM

A member of John McCain's "Honest and Open Election Committee" has admitted that he can't give a single example of voter registration fraud leading to actual voter fraud.

In an interview with Pro Publica, which was also published on Politico.com, Ronald Michaelson, a veteran elections administrator, acknowledged:

"Do we have a documented instance of voting fraud that resulted from a phony registration form? No, I can't cite one, chapter and verse."

The Honest and Open Election Committee was set up by the McCain camp to provide a veneer of expertise and non-partisanship to the campaign's efforts to stoke fears about voter fraud. In a September conference call, one of the committee chair's, ex-Missouri senator John Danforth, highlighted reports of faulty registration forms in Michigan, Colorado, and other states, and tried to link ACORN to Barack Obama.

Michaelson also admitted, in Pro Publica's words, that "an election-rigging scheme starting with phony application forms would not make much sense." But he argued that the mere perception of fraud can do damage to the integrity of the election.

Of course, the McCain campaign and other Republicans have been the foremost creators of that perception. Earlier this month in a presidential debate, McCain warned darkly that ACORN -- the community organizing group that Republicans have tried to turn into a voter-fraud boogeyman -- "is now on the verge of maybe perpetrating one of the greatest frauds in voter history in this country, maybe destroying the fabric of democracy."

Pro Publica adds that a McCain campaign spokesman couldn't do much better than Michaelson:

Asked for specifics about the dangers of fake registration, Ben Porritt, a spokesman for the McCain campaign, provided links to 13 news clips and a 2003 Missouri state auditor's report. Eleven of the cases did not involve registration fraud. Two recounted how felons appeared to have cast illegal votes under their own names. The lone example of a forged registration leading to an illegitimate vote comes from The Wall Street Journal's John Fund, who in April 2006 wrote that a community organizer had improperly registered a noncitizen, and then "someone eventually voted in [the noncitizen's] name."

ACORN

ICE Probing Leak On Obama's Aunt

Zachary Roth | November 1, 2008, 5:01PM

Via Ben Smith, a statement from the U.S. Immigration and Customs Enforcement, on the leak to the Associated Press of immigration information about Obama's aunt.

Early this morning, the matter was refered (sic) to Inspector General and ICE's Office of Professional Responsibility for action. They are looking into whether there was a violation of policy in publicly disclosing individual case information.

We also learned earlier today that internal Justice Department investigators are looking into the leaking of information, earlier this month, about a nationwide FBI probe of ACORN.

To be clear, though ICE appears to be the most likely source of the leak about Obama's aunt, we don't know with 100 percent certainty that that's where it came from. The Associated Press attributed its report to two sources, "one of them a federal law enforcment official." According to Dan Kowalski, an immigration law expert and the editor of the the online newsletter, Benders Immigration Bulletin,, the information would have been available to people at several government agencies, both at the Department of Homeland Security (of which ICE is a part) and the Department of Justice, which would have an enforcement role in immigration proceedings.

Department of Homeland Security

Conyers on Obama Aunt Leak: "Very Disturbing"

Zachary Roth | November 1, 2008, 12:54PM

Rep. John Conyers, the chair of the House Judiciary Committee, has responded to the Bush administration's leak of information on the immigration status of Obama's aunt.

In a hastily written letter, Conyers makes the same connection that we did with the administration's leaking of information on the FBI's nationwide investigation of ACORN. Both leaks went to the Associated Press, and appear to have been done for political purposes.

There's some other news in the letter in regard to that leak about ACORN. Conyers writes:

[I]n recent weeks law enforcement sources leaked information about an alleged investigation of a community services organization, a leak that the Department of Justice informs me is now under investigation by the Department's Office of the Inspector General and Professional Responsibility.

So, two internal DOJ offices are looking into the ACORN leak. That's certainly worth keeping an eye on.

The full text of the letter follows after the jump...

Read more »