I was hoping that the media would start taking the story up and the Sunday Wisconsin State Journal did a front page story on it:
http://www.madison.com/wsj/home/local/306842Voters may be nervous
By Mark Pitsch
608-252-6145
mpitsch@madison.com
Voters erased from the rolls. Absentee ballot application mixups raising suspicions of political dirty tricks. A lawsuit against the state's election agency suggesting possible fraud.
The developments of the past few weeks are making voters wary going into an election that will decide the nation's next president and the makeup of the state Legislature.
"I'm not sure the word is nervous, but there's uncertainty out there," said Joe Heim, a UW-La Crosse political science professor. "A lot of voters have heard these stories, and the lawsuit has gotten their attention. There's a lot of misinformation out there and a lot of uncertainty."
Problems first surfaced during the Sept. 9 primary, when several Dane County voters learned they had been incorrectly wiped off the rolls because their birth dates weren't on file. In at least one case, a voter's registration was cancelled, likely because someone with the same name and birth date had registered in another jurisdiction. In all cases, problems were resolved, local officials said.
Voters in Dane County and elsewhere also complained about receiving absentee ballot request forms from Sen. John McCain's presidential campaign that were pre-printed with the wrong municipal clerk's address. The same concerns were raised later this month after the state Republican Party mailed similar forms, some with the wrong clerk's address.
And, perhaps creating the most uncertainty, Attorney General J.B. Van Hollen sued the Government Accountability Board this month to force local clerks to double-check the records of all voters who have registered over the past two years.
"I'm behind him 100 percent," Phyllis Pett of Madison said of Van Hollen. "This is right. This should be done. (Registrations) should be checked even if it takes a little extra time."
If successful, the lawsuit could lead to long lines at the Nov. 4 polls, require some voters to re-register and increase the number of provisional ballots cast, possibly leading to a post-election ballot-counting frenzy similar to Florida's in 2000, experts said. But a timeline set last week by the judge in the case raises questions about whether the suit would have an impact on the election.
Van Hollen's suit
At issue in the lawsuit is the breadth of checks required under the Help America Vote Act, a 2002 federal law designed to prevent ineligible voters from casting ballots. It requires states to create centralized voter databases and verify voter registration information with state driver, felon and death records.
The accountability board, which oversees elections in Wisconsin, plans to double-check the identities of voters who have registered since Aug. 6, when the state's database became operational. But Van Hollen wants the board to conduct the checks for all registrants since January 2006, when the system was supposed to be completed.
Wisconsin is one of ten states that missed the January 2006 deadline, and the next to last to develop a functioning database, according to officials in those states and electionline.org, which tracks election issues.
Among those states, Alabama, Maine, New York, Virginia and Wyoming -- like Wisconsin -- began their checks from the day their systems went into effect, officials said, although each of those states' systems were working by the end of 2007. Colorado, where the state database became operational in April, did opt to check all registrations dating back to January 2006, a spokesman said.
A New Jersey official could not say exactly when that state began the registration checks, while a Nevada elections official didn't return a phone call. And Illinois' database was expected to be operational soon.
The U.S. Department of Justice, which enforces HAVA, sued four states -- Alabama, Maine, New Jersey and New York -- for not complying with the law. But it didn't sue Wisconsin.
Kyle Richmond, a spokesman for the accountability board, said federal authorities were satisfied by the state's progress and never threatened legal action.
The accountability board said that Van Hollen's suit could compel the board and local clerks to check the voting records of the 1 million voters who registered between January 2006 and Aug. 5.
Most of those voters have already shown the necessary proof of residency, said Barbara Hansen, director of the state voting system. But about 241,000 people who registered in person at a clerk's office, by mail or with a special deputy authorized to register voters would not have had to show proof of residence, and their checks would be the most time consuming, Hansen said.
Conducting checks on those records would be difficult before the November election, said Nancy Zastrow, president of the Wisconsin Municipal Clerks Association and the clerk in Milton.
"I don't believe it would be hard to do next year when it's a slow year," Zastrow said of conducting HAVA checks back to January 2006. "The fact they want it done before the November election is what worries all of us. There's no way to make sure we can get our records straight by then."
Van Hollen has argued that all effort should be made before November to conduct the registration checks. A state co-chairman of Sen. John McCain's presidential campaign, Van Hollen said the presidential election could hang in the balance.
It's not clear what checks back to January 2006 would turn up. A recent check of voters who registered between Aug. 6 and Aug. 26 showed discrepancies in the information of 22 percent of the registrations. But most of those mismatches related to transcription errors or names being recorded one way on a driver's license and another way on a voter registration card.
Checks in place
Van Hollen has argued that the state should take every step to ensure the ineligible voters are prevented from casting a ballot.
But clerks point out that many steps have already been taken to protect the process.
Voting in Wisconsin has always required some type of validation, either by showing proof of residence at the time a person registered or having an existing voter vouch for a prospective voter.
In addition, clerks mailed cards to all new voters at the addresses they provided when they registered at the polls or by mail. If the cards came back as undeliverable, those voters were struck from the rolls and the names of the voters were referred to local district attorneys.
Now, the state sends out those cards.
Some clerks also were notified by local law enforcement of felons who were prohibited from voting and perused obituary notices in the past, Hansen said.
Since 2006, clerks have also been provided with lists of felons, and those lists are checked when people register or apply for an absentee ballot. The state voter system also checks state death records so that dead people don't show up on the rolls.
HELP AMERICA VOTE ACT TIMELINE
2002: Congress creates the Help America Vote Act to curtail voter fraud. Among the requirements is creation of a statewide voter database used to check registration information against other state records.
November 2004: The former state Elections Board hires Accenture to build the database for $14 million.
January 2006: Wisconsin misses the federal deadline, extended from 2004, to develop the database.
November 2007: A state audit finds flaws in the database, including an inability to weed out ineligible voters.
December 2007: After threats of a lawsuit, the Elections Board ends the contract with Accenture, which has been paid $9 million but will return $6 million to the state for failing to deliver a working database.
Aug. 6: The Government Accountability Board announces the database is operational, and local clerks begin checking new voter registrations against other state records for accuracy.
Aug. 27: The board rejects a state Republican Party request to check registrations since January 2006, when the database was supposed to be working.
Sept. 10: Attorney General J.B. Van Hollen sues the board to force registration checks dating to January 2006 and purge ineligible voters from the rolls.