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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Secretary of State Handel Commends the Georgia Supreme Court’s Unanimous Decision Affirming Use of Touch-Screen Voting Machines

Georgia Secretary of State Karen Handel today commended the unanimous decision by the Georgia Supreme Court (Favorito et al. v. Handel et al.) affirming the constitutionality of touch-screen voting machines, and denying a claim that touch-screen voting violates voters’ equal protection rights. The Supreme Court’s decision upholds a 2008 Fulton County Superior Court ruling.

“Georgia has the most secure elections in the nation due to our four levels of security testing on touch-screen voting machines, our partnership with nationally renowned elections experts at the Kennesaw State University Center for Elections Systems, the dedication by county election officials to provide secure and fair elections at the local level and our photo ID requirement,” said Secretary Handel.

Georgia implemented electronic voting machines statewide in 2002.

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Provisional Ballots Could Complicate Ga. Voting, Says Emory's Kang

Voting in Georgia may take the national spotlight this year because a close senate race will invite scrutiny of whose vote gets counted, says election law expert Michael Kang of Emory Law.

Voters who think they're registered but arrive at the polls to find their voting status questioned "must be allowed to vote, but may be forced to cast a provisional or challenged ballot that might not be counted in the end," says Kang. "In a close race like Tuesday's senate election, these questions loom larger and invite more attention as the candidates fight over every vote."

Other factors complicating the results could be extremely long lines of voters, overwhelmed poll workers, and administrative or clerical errors, all of which can complicate the election process in practice, he says.

"Provisional ballots offer opportunities for parties to contest the election because they are counted after regular ballots are cast," says Kang. "It's then up to the registrar to determine which provisional ballots get counted."

A related issue not unique to Georgia is registered voters whose eligibility is challenged. The Help America Vote Act of 2002 "requires states to coordinate voter records with their state driver's license records and the records of the Social Security Administration, but the law is a bit unclear about whether states should rely on mismatching data as a basis for disqualifying registered voters, particularly so close to the election," says Kang.

Last week a federal district court ruled that Georgia voters whose information doesn't match their DMV or SSA records might be required to cast a challenged ballot in Georgia. "A mismatch between state records doesn't mean those voters are necessarily ineligible," says Kang. "It may well be that most of these mismatches are the result of typographical errors."

But the fact that these votes would be evaluated for eligibility in a special review after the election "opens the opportunity for the loser to question the election result and whether certain provisional votes should have been counted."

Kang, whose research focuses on voting rights, race, redistricting, campaign finance and direct democracy, also holds a Ph.D. in government from Harvard University.

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Usher Raymond's 'I Can't But You Can' Voter Registration Campaign Goes National

PRNewswire-USNewswire/ -- After a widely popular and successful run in Atlanta, GA, today Usher Raymond IV announces the national expansion of the "I Can't But You Can" voter registration campaign beginning August 21, 2008 in Detroit, MI. Held last month as part of the 4th Annual Camp New Look in partnership with Rev. Joseph Lowery, 350 youth completed curriculum based on the election/voting process and registered nearly 1,000 voters during the inaugural program.

As part of the "I Can't But You Can" campaign, on August 21 Usher and his New Look foundation are planning several events to build registration awareness and education to Detroit natives. In the morning, over 400 Detroit area youth are expected to participate in a voter registration drive and rally from numerous organizations including Youthville, Detroit NAACP, Mayor's Time, Youth Development Commission, LaSed, and the Derrick Coleman Foundation. Usher will also be on hand to rally 6,000 poll workers at a picnic in their honor encouraging them to lead by example and register to vote. In addition, the MGM Grand Detroit will be hosting a special reception and fundraiser to benefit Usher's New Look later in the evening. Tickets for the reception are available via Ticket Master.

The "I Can't But You Can" campaign geared towards youth age 17 and under, boasts a dual focus objective. Before youth can register voters under New Looks' initiative, they must first complete a 4-hour curriculum and training course on the voting process. "This election impacts ALL youth," says Usher. "I wanted to give teenagers more than the experience and satisfaction of registering voters; I wanted to give them knowledge that will engage them in our democratic process long after this election ends."

The "I Can't But You Can" campaign, which will also include multiple public service announcements, will branch out to additional cities on September 27th with rallies and drives held throughout the country. Lead by New Look youth as part of the National Day of Action (www.servicenation.org), confirmed cities include New Orleans, Cleveland, Atlanta, New York, Boston, Oakland, and Los Angeles.

Recently named the Youth Chair of ServiceNation, a national service campaign, Usher will represent young people from around the country who are committed to giving back to their communities. At the historic ServiceNation Summit in New York City on September 11th and 12th, Usher will serve as their voice while simultaneously raising awareness about the importance of national and community service. He will challenge America's youth to get involved and participate in activities both during and after the Summit.

Youth serving agencies can join the "I Can't But You Can" campaign by downloading the free empowerment kit from www.ushersnewlook.org. The kit includes campaign applications, Voting 101 curriculum, and report forms. T-shirts can also be purchased via UshersNewLook.org for $9.99 plus shipping and handling.

Usher's New look partners with youth serving agencies within the United States including Communities in Schools, Hank Stewart Foundation, SCLC Women, Future Foundation, and Lite House.

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