Secretary of State Kemp Announces Victory in Long Fight to Secure Georgia’s Voter Rolls

Georgia Secretary of State Brian Kemp today announced that following the State’s June 22, 2010 lawsuit against the U.S. Department of Justice (DOJ), the DOJ consented to preclearance of the State’s voter verification process, including verification of U.S. citizenship. After the DOJ consented to the process, the State filed for and received administrative preclearance from the DOJ. The State and the DOJ therefore have now filed a joint request to have the lawsuit dismissed.

“After nearly two years, we can now verify that voter registration applicants are who they say they are and that they are U.S. citizens,” said Secretary Kemp. “When we filed the lawsuit, I was criticized by some because they believed it would be too time-consuming and expensive. However, after waiting for nearly a year and a half for a final administrative decision from the DOJ, I was certain that litigation was the only way to put Georgia in a position to obtain final approval from the federal government of our voter verification procedures. After the litigation was filed, it took less than two months for the DOJ to consent to preclearance of the verification process.”

Under Section 5 of the Voting Rights Act, Georgia must obtain federal preclearance of any change affecting voting by bringing a declaratory judgment action in federal court or, in the alternative, by submitting the change to the DOJ for administrative preclearance. In October 2008, the Secretary of State’s Office first submitted the verification process to the DOJ for administrative preclearance. After extended administrative review and numerous discussions with representatives of the State, the DOJ denied administrative preclearance of the State’s voter verification process and later refused to withdraw that denial. During the administrative process, the State provided substantial amounts of information about its verification process, sometimes providing the same information several times.

In June of this year, Secretary Kemp announced that the State of Georgia filed a lawsuit in the U.S. District Court for the District of Columbia against the DOJ to obtain preclearance of the voter verification process. After the lawsuit was filed, the DOJ determined that the verification process did not have a discriminatory effect or purpose and expeditiously consented to the federal approval of the verification procedure. Georgia was previously the only state in the country barred from complying with the federal Help America Vote Act’s voter verification requirement.

Secretary Kemp added, “I am glad the DOJ ultimately recognized the importance of ensuring a secure elections process in Georgia and consented to the Section 5 approval of Georgia’s voter verification process. As Georgia’s Chief Elections Officer, my job is to ensure secure, fair, and accessible elections for every Georgia citizen who is eligible to vote. Every ballot cast by a non-citizen erases a ballot cast by an eligible Georgia voter.”

Under the Help America Vote Act, states are required to verify the information provided by first time voter registration applicants with information currently on file in state or federal databases. In Georgia, the applicant’s first name, last name, date of birth, driver’s license or identification number, last four digits of his or her Social Security number, and United States citizenship status are verified with the Department of Driver Services or Social Security Administration databases to ensure that the information matches.
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Department of Justice Decision on Voter Verification Process Directly Conflicts with Federal Law, Again

Secretary of State Handel Promises to Continue Fight

Georgia Secretary of State Karen Handel today announced that the State of Georgia’s request to the U.S. Department of Justice (DOJ) to pre-clear its voter verification process has been denied for a second time, even though the process in question is required by federal law under the Help America Vote Act (HAVA).

“For the second time in six months, DOJ has effectively directed the State of Georgia not to comply with or enforce federal law. For nearly a year, our office and the Office of the Attorney General have worked in good faith with the Department of Justice to address their questions and issues. Throughout this entire process, DOJ did not raise a single question, comment or concern with our reconsideration submission until Tuesday,” Handel said.

Handel added, “The voter verification system is an essential tool to prevent election and voter fraud. Going forward, we will review all options available to us to protect this system and ensure the integrity of Georgia’s voter rolls. I will discuss these options with Governor Perdue, the Attorney General and the Secretary of State’s legal counsel to determine the best course of action for the State of Georgia and our elections process.”

“I am left to draw one conclusion. The Department of Justice has put politics ahead of common sense by placing the interests and support of organizations like MALDEF and the ACLU ahead of our interest in protecting the integrity of our elections,” Handel said.

The DOJ originally denied preclearance of Georgia’s voter verification process on May 29, 2009. On July 22, 2009, officials with the Secretary of State’s Office and the Attorney General’s office met with senior attorneys in the DOJ’s Civil Rights Division to address concerns, answer questions, and discuss the State’s pending reconsideration submission. The request for reconsideration was submitted to DOJ several weeks later. Until Monday, there was no indication that there were additional questions, comments, concerns or objections to the State’s submission.

BACKGROUND

Georgia implemented the voter verification process in April 2007 at the direction of DOJ in order to comply with HAVA requirements. The voter verification process checks five criteria provided by first time applicants by mail who do not provide identification with the application with information in the Georgia Department of Driver Services (DDS) database or the Social Security Administration database. These criteria include first name, last name, date of birth, and driver’s license number or last four digits of the applicant’s Social Security number. Additionally, if the applicant previously reported to DDS that he or she is not a U.S. citizen, that person is asked by their county registrar to provide proof of citizenship.

In 2008, two federal courts acknowledged the State’s responsibility to verify voter application information as required by HAVA, and ordered the State to continue its voter verification procedures through the General Election. In his October 16, 2008 order, U.S. District Court Judge Jack Camp stated:

“HAVA requires that Defendant Handel match information in the statewide voter registration database with information from the Georgia DDS and the SSA databases ‘to the extent necessary to enable each such official to verify the accuracy of the information provided on the applications for voter registration.’”

As required by Section 5 of the Voting Rights Act, passed in 1964, the State of Georgia must seek permission (“preclearance”) from DOJ prior to making any change in election law or procedure. Alternatively, the State can also request preclearance for its voter verification process by filing suit in the Federal District Court of Washington, D.C.

With the voter verification process in place before DOJ’s objection the 2008 General Election was the largest in Georgia’s history and featured record turnout among minority and elderly voters. Turnout among Hispanic and African-American voters increased 140 percent and 42 percent, respectively, over the 2004 General Election.

Karen Handel was sworn in as Secretary of State in January 2007. The Secretary of State's office offers important services to our citizens and our business community. Among the office’s wide-ranging responsibilities, the Secretary of State is charged with conducting efficient and secure elections, the registration of corporations, and the regulation of securities and professional license holders. The office also oversees the Georgia Archives and the Capitol Museum.
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State of Georgia Submits Voter Verification Process to U.S. Department of Justice for Reconsideration

Secretary of State Handel Calls on DOJ to Approve Georgia’s Critical Voter Roll Protections

Georgia Secretary of State Karen Handel today announced that the State of Georgia has asked the U.S. Department of Justice (DOJ) to reconsider its May 2009 objection of preclearance for two critical voter verification processes utilized in the November 2008 General Election.

As part of the process for seeking preclearance, a state can ask the DOJ for reconsideration of a submission that has been denied, or request preclearance before the Federal District Court of Washington, D.C.

“I do not believe there is anything discriminatory in verifying voter information and citizenship,” Secretary Handel said. “I strongly disagreed with the Department of Justice’s decision to deny preclearance. It is my hope that the Department of Justice will review this request, with the information and data provided, and grant preclearance to the State of Georgia for these verification processes.”

“It is absolutely critical that Georgia protects the integrity of its voter registration rolls by having a mechanism to verify the identification and eligibility of applicants to participate in our elections,” Secretary Handel said. “We also look forward to utilizing these common sense processes that give the State the ability to verify the identity and citizenship status of applicants who previously indicated to DDS that they were not U.S. citizens.”

The State’s voter verification process checks five criteria provided by new voter registration applicants with information in the Georgia Department of Driver Services (DDS) database or the Social Security Administration database. These criteria include first name, last name, date of birth, driver’s license number, or last four digits of the applicant’s Social Security number. Additionally, if the applicant previously reported to DDS that he or she is not a U.S. citizen, that person is asked by their county registrar to provide proof of citizenship. As required by Section 5 of the Voting Rights Act, the State of Georgia must receive DOJ preclearance prior to making any change in election law or procedure.

In October 2008, a number of activist organizations, including MALDEF and the ACLU, filed a lawsuit to prevent Georgia from verifying the eligibility of applicants to register and vote in the November General Election, including whether those individuals were citizens of the United States.

A U.S. District Court judge and a federal three judge panel denied motions by MALDEF and ACLU; directed the State to continue the verification process; and acknowledged the State’s requirements to verify information under the Help America Vote Act.

The full voter verification process, which included citizenship, was in place prior to the 2008 General Election, and no eligible voter was denied their right to cast a ballot. The 2008 General Election was the largest in Georgia’s history, and featured record turnout among even minority voters with the citizenship verification program in place. Turnout among Hispanic and African-American voters increased 140 percent and 42 percent, respectively, over the 2004 General Election.

Karen Handel was sworn in as Secretary of State in January 2007. The Secretary of State's office offers important services to our citizens and our business community. Among the office’s wide-ranging responsibilities, the Secretary of State is charged with conducting efficient and secure elections, the registration of corporations, and the regulation of securities and professional license holders. The office also oversees the Georgia Archives and the Capitol Museum.
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