Vol. 2, No. 4
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Dec. 15, 2004
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CRIMINAL DEFENSE |
COPYWRITING
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State moves against voter fraud
Federal Law Mandates Statewide Registration By January 2006
Secretary of State Dean Heller says, "A statewide voter registration system will help ensure that voter fraud in Nevada is a tough crime to pull off." Currently the FBI is investigating at least two counties in Nevada for alleged voter registration fraud; Eureka and Nye, and Heller says the new system, to be designed and built by Covansys Corporation and PCC Technology Group, will be in place by December 2005.
"The centralized system will allow our 17 county clerks and registrars of voters to verify in one all-inclusive system the registration status of all Nevadans." Currently each county clerk or registrar keeps the records, there is no centralization, and among the instances of fraud that have been investigated in recent years are voters being registered in more than one political subdivision, voters in potter's field voting regularly, and those ineligible to vote being registered and voting.
During this last election cycle, there were alleged instances of citizens registering with third-party groups and organizations that were not performing in accordance with the law. Among the allegations are those of registrations not being turned in, of voters being turned away from the polls because of the wrongdoing, and of false registrations being turned in.
Along with registration problems during the last election was the use of the so-called provisional ballot, a ballot given to a person whose registration is being questioned in some way. The American Civil Liberties Union of Nevada (ACLU) is working to create a system in the state through which all persons having a chance to use a provisional ballot are treated the same.
Clark County Registrar of Voters Larry Lomax says he is in agreement with the ACLU in that the state needs rules, that county clerks and registrars need guidance on the use of the provisional ballot. There could be legislation dealing with this in the next session. Lomax and others would also like to see legislation dealing with how registration forms are handled. He says this last year was an eye-opener.
Traditionally, outside groups will often work to register votes, and it's rare that there are problems, but this year was different. More than one group has been accused of throwing out voters who registered from a different party or philosophy. Lomax says right now, he and other registrars and clerks don't have the tools necessary to control who registers voters. He says even when the registration forms are numbered, many turn up missing. Does that mean they were lost? Or does it mean they were tossed after someone registered? At this time, Lomax says, there is no way of knowing.
This new registration system soon to be implemented won't answer those questions, but because of all the publicity, more than one state legislator has indicated there will be legislation in the next session to curtail such abuse.
Private organizations that register voters will come under more scrutiny in the future, and it's expected there will be more stringent regulations for them to follow. More than one county clerk indicated that not all the registration forms can be accounted for.
What the new registration system will do, according to Heller, is allow for a statewide data base to be created allowing for comparing of registrations in the various counties, being able to verify addresses and names, compare records with the Department of Motor Vehicles, and stop those who might be ineligible to register from voting.
The Help America Vote Act of 2002 (HAVA) mandated that each state complete and have operational a statewide voter registration system by January 1, 2006. The $4.6 million contract with Covansys Corporation and PCC Technology Group will be covered by federal funds. The company has been awarded similar contracts in Connecticut, Idaho, Rhode Island, and West Virginia.
Heller says the statewide system will "produce even cleaner election in the future." The ACLU has some worries about how elections are conducted in Nevada, particularly in how poll watchers are allowed at polling places. Lomax says this year, many were very aggressive.
Several registrars and county clerks have called for more stringent rules on poll watchers, but the ACLU says it disagrees. The ACLU feels poll watchers do a fine service as far as making elections fair. The Progressive Leadership Alliance of Nevada feels the same way. They have gone on record on their web site, http://www.planevada.org saying poll watchers should not be restricted as much as they have been.
Another question that might be discussed during the upcoming legislative session is that of felons who get their right restored, being able to register and to vote. Not all of Nevada's counties treat felons with restored rights the same way. The Progressive Leadership Alliance is looking for uniform rules to be in effect by the next election.
For more election information, go to http://secretaryofstat.biz and click on 'elections.'