Project Vote In Ohio: It Ain’t The Voting, It’s The Counting

“Congress should address the need for both national standards and a more robust enforcing authority.  If not, more decision making will fall to the states,” said Miles Rapoport, President of Dēmos, an umbrella corporation for the myriad of progressive groups attacking our state electoral processes.  Progressives, realizing the Help America Vote Act of 2002 (HAVA) left much of the implementation to states, began their National Voter Registration Act of 1993 (NVRA) assault in 2006.

The first battle over compliance with the NVRA occurred in Ohio in 2006.  Coincidentally, the Secretary of State Project (SoSP) focused much of its efforts on seizing the open-seat for Ohio Secretary of State that same year.  Seeing an opportunity to de-legitimize Ohio’s electoral process and to create an atmosphere favorable to a progressive candidate, ACORN filed a suit a little over a month before the 2006 elections.  Sound familiar?  It was the strategy in Michigan in 2004.  But Secretary of State J. Kenneth Blackwell (R) was not going to leave office without a resolute fight in defense of Ohio.

At issue was NVRA § 7: Voter Registration Agencies.  Any state agency providing public assistance received designation as a voter registration agency.  Public assistance agencies were supposed to follow a set of procedures providing mail voter registration, assisting applicants in completion of those forms, and accepting completed voter registration forms.  Each state designates a “chief state election official” to coordinate state responsibilities for compliance with the NVRA.

The procedures for compliance are rather straight-forward, so Project Vote had an easier job alleging non-compliance.  Catch any agency on a day after it has run out of forms.  Seek assistance from any personnel unfamiliar with NVRA requirements.  Find any individual receiving public assistance that has moved, and was formerly registered to vote.  Compare the number of individuals registered in the first year under NVRA to the number of individuals registered now (because every year should see the same amount of people receiving public assistance, the same amount of people unregistered, and they will always be new or moved people, right?)  Send a letter to the chief state election official alleging non-compliance through “scientific” studies.  Demand a plan to remedy violations.  Offer “help” to the state.  Then sue to “protect” the voters (and more importantly, recoup expenses).  Brilliant!

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