ACORN’s Attorneys Stole $450,000 From Missouri Taxpayers

In July 2005, the United States Justice Department began investigating Missouri for non-compliance under the National Voter Registration Act of 1993 (NVRA).  Justice was not investigating for failure to register voters; rather the problem was too many voters.  About 1/3 of Missouri’s counties had registered voters that exceeded the number of eligible voters.  One county’s ratio was upwards of 150%.  Justice found that the Missouri Secretary of State (SoS) failed to conduct a general program that made reasonable efforts to clean the voter rolls, and filed a lawsuit.

We would presume that Project Vote conducted a study, found that a nefarious plan to dilute the vote of low-income voters was taking place, and filed an amicus brief in support of the government’s lawsuit.  We would be wrong.  Government suits do not generate attorney’s fees under NVRA, but more importantly, SoS Robin Carnahan (D) has close ties to the legions of progressive groups.  And the government did not stand a chance with Judge Nanette Laughrey (appointed during the governorship of Robin’s father, Mel Carnahan, and a former Carnahan aide-de-camp), who, despite her left-leaning tendencies, managed to deliver a summary judgment that would make any strict constructionist proud.  Judge Laughrey writes that Carnahan had no responsibility to actually do anything, other than “coordinate,” which is left up to Carnahan.

Despite the amusement of a liberal judge mimicking a Scalia or Thomas, the district court ruling went too far; even for a panel of judges on the 8th Circuit, composed entirely of W appointees.  There are definitely flaws in the NVRA.  Former Ohio SoS J. Kenneth Blackwell pointed them out rather deftly, and Project Vote has utilized these flaws to further a progressive agenda with ACORN.  The problem with district court ruling is that it clearly was meant to provide cover for Secretary Carnahan.  Even after the 8th Circuit found that SoS Carnahan was still responsible for conducting “reasonable efforts” to comply with the various NVRA provisions, Judge Laughrey white-washed the efforts of Carnahan, belittled the government’s minimal expectations regarding compliance under NVRA, and established a target for Project Vote and ACORN that would be easy prey in later suits.

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