My Name Is Legion: The Secretary Of State Project(s)

by Josie Wales

The progressive movement is often difficult to pin down because allied groups use multiple names and organizations to spread confusion and give the appearance of both overwhelming numbers and independent expenditure.  We should not be fooled by this host of political malcontents attempting to co-opt state and local politics in the name of a national agenda. Examining the tactics of these groups gives us the key to understanding the purpose of organizations like the Secretary of State Project, ACORN, and Project Vote.  Our states are under concerted judicial assault from progressive lawyers, and they are many.

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Let us first address the networks of influence.  Project Vote is the legal arm of ACORN, and in the cases we’ll study, conducted all of the informational build-up to bring suits against potential swing states.  It works like this: Project Vote files state versions of Freedom of Information Act (FOIA) requests, gathers relevant data, conducts studies, and contacts various state officials to coordinate these activities.  Once Project Vote gathers the minimal amount of information needed,  ACORN then files a complaint in federal district court.  A rotating pinwheel of other progressive groups join the suit and, often, The Brennan Center for Justice provides additional help through legal counsel.

The lawsuits at issue all involve violations of the National Voter Registration Act of 1993 (NVRA) and the Help America Vote Act of 2002 (HAVA).  The NVRA requires states to conduct voter registration through (1) motor vehicle registration agencies, (2) mail, and (3) public assistance agencies.  HAVA (1) provides funds to states to improve election administration, (2) establishes minimum election administration standards for states, and (3) creates the Election Assistance Commission (EAC).  NVRA and HAVA require states to designate a “chief state elections official” to coordinate and implement state responsibilities under the acts.  Most states have designated their secretary of state as the chief state elections official.  Project Vote directs information-gathering to the secretary of state for each targeted state.  If the secretary of state becomes a stumbling-block to the efforts of Project Vote, SoSP targets that secretary of state for removal.  If the secretary of state aids and abets Project Vote, SoSP supports that secretary of state for re-election.

We start with a look at the past suits brought against the states.

MICHIGAN
In 2004, Project Vote targeted provisional ballot rules established in the state of Michigan.  At issue were requirements for voter identification with the submission of provisional ballots and how those provisional ballots must be cast in the correct jurisdiction.  Secretary of State Terri Lynn Land (R) defended the lawsuit, which was filed one month prior to the election.  The Director of Elections, under the Secretary of State’s guidance, agreed to revised rules allowing provisional balloters to provide identification within a week of the election, but did not budge on the requirement for provisional ballots to be cast in the proper jurisdiction.  Judge David M. Lawson of the Eastern District of Michigan sided with ACORN on provisional ballots cast in an improper jurisdiction.  The Appellate Court for the 6th Circuit promptly reversed. Secretary of State Land won re-election in 2006, prior to the Secretary of State Project getting full traction, so SoSP was not able to target her office until this year.  SoSP has now endorsed candidate Jocelyn Benson (D), who has organized campaigns in opposition to Secretary of State Land’s efforts to clean up Michigan’s voter rolls.

OHIO
In 2005, Project Vote targeted Ohio for alleged violations of the NVRA requirement to provide voter registration applications at public assistance agencies.  Secretary of State J. Kenneth Blackwell (R) vigorously defended this lawsuit.  Not only was he able to get ACORN dismissed as a party to the lawsuit, he was able to get the entire case dismissed.  ACORN’s dismissal had to do with the intricacies of 3rd party suits.  Essentially, ACORN alleged that it had to spend money to correct violations of the NVRA.  The court found that ACORN would have spent that money anyway.  The problem for Project Vote was that they did not understand the relationship between the secretary of state and the local public assistance agencies under Ohio law.  Up against a secretary of state that was not going to “play ball,” ACORN lost.  Unfortunately (and of major consequence), SoSP now targeted Ohio.  Secretary of State Blackwell was replaced by SoSP endorsed candidate Jennifer Brunner (D) in 2006.  ACORN subsequently re-filed the case, with a secretary of state ready to “play ball,” and won.

MISSOURI
In 2007, Project Vote targeted Missouri for alleged violations of the NVRA requirement to provide voter registration applications at public assistance agencies.  Having learned their lesson from Ohio, and a previous case in Missouri that established local election authorities as responsible for NVRA requirements, Project Vote began their dirty work.  This time they had Secretary of State Robin Carnahan (D), who was only in charge of coordinating state responsibilities under the NVRA.  Judge Nanette Laughrey of the Western District of Missouri had absolved Carnahan of all responsibilities under the NVRA in a previous case.  Carnahan had all the information Project Vote needed and none of the liabilities.  The Department of Social Services and 3 local election authorities, faced with a secretary of state who failed to train them properly and whose staff actively worked with Project Vote and their allies, settled for $450,000 and 4 years of humiliating oversight.  Subsequently, the Secretary of State Project endorsed Carnahan for re-election.

As Project Vote and their allies worked together to undermine clean elections, their approach grew more sophisticated and more targeted. Working hand in hand with other groups funded by large progressive donors like the Democracy Alliance, different groups like the Advancement Project now step forward in each state, working in tandem or in progression to push progressive electoral demands at the state level.  As you will see, similar suits have been filed in states supported by the SoSP, and candidate support follows these suits when they are not successful.   We are going to dig into the successes and failures of these multiple faces of the same malignant movement to understand where they’ve been and where they are going.

What you will first see is this: In Michigan and Ohio, faced with a Republican unwilling to provide Project Vote with the fodder to commence a lawsuit and raid state coffers, ACORN and its lawyers failed.  After installing their favored candidate in Ohio, Jennifer Brunner, ACORN won.  And to my personal disgust, ACORN was also successful in Missouri, aided by the “helpful” staff of Robin Carnahan.  To the Secretary of State Project and ACORN, this provides a roadmap for future lawsuits and the raiding of state treasuries.  For us, this will be our battle plan to defeat the plans of the progressive host.


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Posted Feb 7th 2010 at 6:37 am in ACORN, Justice/Legal | 86 Comments