Story Published:
May 25, 2006 at 6:52 AM PDT
Story Updated:
Aug 31, 2006 at 8:26 AM PDT
SEATTLE - Misspelled names and other minor errors could
improperly keep thousands of voters off the rolls in Washington
state, critics say in a new federal lawsuit.
The complaint, filed Wednesday in U.S. District Court in
Seattle, seeks to overturn a law that voter registrations must
match personal information in other government databases.
Plaintiffs in the suit, including a labor union, minority voter
groups and anti-poverty activists, also want a judge to bar the
state from striking mismatched registrations ahead of the September
primary and November general elections.
State elections officials were reviewing the lawsuit and
declined immediate comment. But Trova Heffernan, a spokeswoman for
Secretary of State Sam Reed, said the matching law was meant to
make sure potential voters do not misrepresent their identities.
The law in question directs Reed to compare drivers licenses,
state identification cards or Social Security numbers on
registration forms with records from state and federal agencies to
ensure that a voter's information matches.
Potential voters can't be registered without a proper match.
People whose applications are questioned must respond to the
state's efforts to verify their identity within 45 days, or they're
not included on the rolls.
Washington's law is the strictest among a small number of states
with such a requirement, said Justin Levitt, a plaintiffs' attorney
from the Brennan Center for Justice at the New York University Law
School, which coordinated the lawsuit.
In many other cases, states use matching systems to help
administrators clean up the voter rolls, Levitt said. But
Washington's approach is uncommon - and, he alleges,
unconstitutional - because a person's ability to vote hinges
directly on a records match.
That process is fraught with small but serious errors, including
improperly filled applications and data-entry mistakes at the
bureaucratic level, that could lead to about 20 percent of
registrations being unnecessarily spoiled, Levitt said.
The problems could be more pronounced among voters in ethnic
minority groups, the lawsuit said, because of confusion on both
ends over a person's first and last names.
"Matching is not, in and of itself, a bad thing," he said.
"The bad thing is making the match, which is an imperfect process
at best, a precondition for voting."
"Given the number of applications we typically see, we're
likely to have many thousands of eligible voters wrongly
rejected," added Alon Halevy, a University of Washington computer
science and engineering professor.
The state law being challenged went into effect Jan. 1, when
Reed also launched a new statewide electronic voter database
required by federal law to keep track of the state's estimated 3.4
million active voters.
Plaintiffs in the case are the Washington Association of
Churches, Washington Association of Community Organizations for
Reform Now, Organization of Chinese-Americans of Greater Seattle,
Chinese Information and Service Center, Filipino American Political
Action Group of Washington, Korean American Voters Alliance,
Service Employees International Union Local 775, and Washington
Citizen Action.
Levitt said the Brennan Center decided to sue Washington because
of its strict law, its relatively large population and the
attention garnered by the state's tumultuous 2004 governor's race.
That election put Democrat Chris Gregoire into the governor's
mansion by a margin of just 129 votes after a third statewide
ballot count. Republicans, believing their candidate Dino Rossi was
the rightful victor, challenged the election in court and lost.
Rossi declined to appeal to the state Supreme Court, but bad
blood and GOP skepticism of voting systems, notably in
Democrat-heavy King County, the state's largest, has not subsided.
Conservative critics have claimed a different problem with the
state's voting system: security holes that allow erroneous
registrations, improper ballots and double votes.