Cobb backs off hearing for questionable voters

Department of Justice says state’s identity verification requires prior approval

The Atlanta Journal-Constitution

Wednesday, October 08, 2008

Cobb County has canceled hearings scheduled for Monday for voters who were notified that their citizenship was in doubt.

The decision by the county comes a day after the Department of Justice told Georgia officials that the state’s efforts to verify the identity and citizenship of registered voters must be approved by the federal government in advance.

Related documents:

Letter from Social Security to Karen Handel

Letter from Justice Dept. to Karen Handel

Letter from Obama campaign to Karen Handel

Handel's response to Obama campaign

MORE ON ELECTIONS
Election transition: Full coverage
More on Georgia politics

State election news

Voting guide

Enter your address to create a sample ballot that compares candidates and issues.

privacy policy

Cobb County spokesman Robert Quigley said Thursday morning that the county is attempting to contact those voters who were originally told to appear Monday for the hearings.

Asked why the hearings were canceled, Quigley referred questions to the Georgia Secretary of State’s office.

“I understand the process has not been confirmed by DOJ,” Quigley said.

But a spokesman for Secretary of State Karen Handel said Thursday they did not tell the counties to hold the hearings in the first place or to cancel them.

“The Secretary of State has not spoken today to Cobb County about the issue,” Matt Carrothers said. “And the office cannot instruct the counties to have a hearing.”

Carrothers also said Handel’s office is working with Attorney General Thurbert Baker to respond to the Department of Justice.

“The secretary of state is working with the attorney general to address the Department of Justice’s questions and will respond as quickly as possible,” Carrothers said.

He declined to answer further questions.

The letter from the Department of Justice was sent late Wednesday to Baker. A spokesman for Baker said that they are in contact with Handel’s office and will respond on Handel’s behalf.

As of Friday, Handel’s office had asked counties to check the status of 2,675 individuals statewide whose driver’s license records indicated they were not citizens, but who had registered to vote, according to Handel’s office.

It is not immediately clear if all counties had scheduled hearings similar to the ones planned in Cobb.

The Justice Department, under the 1965 Voting Rights Act, must approve in advance any planned changes to Georgia’s voting and election rules to ensure there will be no adverse impacts on minority voting. A spokesman for the Justice Department refused to comment about the letter Thursday.

Christopher Coates, chief of the Justice Department’s Voting Section, told Baker in his letter that the state has appeared to make several changes to voting and election policy in the state. They include:

• Revisions to voter registration applications.

• A process to verify voter registration information against Georgia Department of Driver’s Services databases and the federal Social Security Administration.

• Generating reports of the results of those checks to counties for further action.

• And issuing a series of memos from the Secretary of State to counties concerning the identity verification process.

“The scope of these changes appear to be substantial,” Coates wrote.

The changes, Coates wrote, “are legally unenforceable unless and until preclearance” is obtained.

Matt Carrothers, a spokesman for Handel, declined to comment about the letter late Wednesday. But, he noted that in 2007 the Department of Justice ordered the state to verify voter identities by cross checking driver and Social Security data.

The letter comes days after the Social Security Administration questioned the state’s high volume of requests to verify voter identities. Georgia’s 2 million requests surpassed those of any other state.

Barack Obama’s campaign said it is worried that legitimate voters could be mistakenly flagged by the verification system and be denied their right to vote.

“All we want is for people who earned the right to vote and should properly vote be allowed to vote,” said Caroline Adelman, a spokeswoman for the Democratic presidential hopeful’s Georgia campaign. “And, if they shouldn’t be voting for any reason, we don’t want them voting, either.”

Before approaching the Department of Justice, Obama’s campaign first asked Handel’s office to reverse course, according to a letter from Obama’s Georgia team to Handel’s office.

Some county elections offices have sent letters to residents questioning their right to vote based on checks that Handel’s office has run against data from the Department of Driver’s Services and the Social Security Administration. Cobb County asked voters whose citizenship the state questioned to attend a hearing Monday, warning that their names would be removed from the list of registered voters if they failed to attend or provide proof beforehand. Those hearings have now been canceled.

The state double-checks information on all newly registered voters and also on established voters if they have changed their name, driver’s license number or Social Security number, Carrothers said.

The Help America Vote Act requires states to verify voter information using those databases.

A mismatch, and thus a question about a voter’s eligibility, could be triggered by a name change, such as for a marriage or divorce, that’s reported to a county voter registration office, but that doesn’t appear in one of the other government databases. For new citizens, the letters could be triggered if someone applied for a license when they had a green card, but subsequently became a citizen.

Gwinnett County has sent out about 200 letters more or less, a county elections official said.

Neville Wright, 54, a Marietta school teacher, said his wife, Dorothy Rodney-Wright, 54, received one of the letters from Cobb County on Sept. 25 questioning her citizenship.

The couple from Jamaica became U.S. citizens late last year, he said, and they registered to vote in January.

The couple went to the Cobb County elections office last week and showed their passports.

“The young lady indicated we are OK,” Neville Wright said.

The couple plan to vote today. “I wonder if it’s a ploy to prevent people from voting,” Wright said.

A voting rights group and a spokesperson from the Obama campaign asks the same question.

“There have been a bunch of people who have been able to come into Cobb County and prove that they are citizens, which suggests there are some significant flaws in the system they’re using,” said Sarah Shalf, an attorney with Georgia Election Protection. “It is troubling to us. It’s troubling that a lot of people are getting letters questioning their citizenship.”

Shalf said some of the people who are getting letters have been voting for many years.

Adelman said some people have been flagged inappropriately.

“We think the majority of the people they think are foreigners — while there may be a few people on there who may be — we think the majority of them are probably just fine,” she said.

Carrothers disputed the idea that longtime voters are being checked.

“If they’re insinuating that we’re going back and checking people registered to vote prior to the March 2007 agreement … they are absolutely incorrect,” he said.

Comments

By Rodolfo

Oct 30, 2008 11:25 PM | Link to this

Yes, Beth Carr, you did read the article wrong. The counties are doing what they are required to do under state law. The secretary of state is doing what she is required to do under federal law. The DOJ says that Georgia had to get preclearance to do that which the DOJ ordered Georgia to do. You are wrong that millions of voters have been disenfranchised. Millions of voters have been cross checked with only a few thousand coming across a discrepancies.

By Beth Carr

Oct 15, 2008 9:58 AM | Link to this

Hi Ms. Pickel & Mr. Sheinin, (authors of this article)

I just wanted to weigh in that this article was VERY confusingly written!

After reading the entire article, it became clear that the actual controversy is that either Cobb County and/or Georgia's Secretary of State Karen Handel is apparently attempting to disenfranchise voters -- and that the Department of Justice has moved to prevent that.

Am I reading it wrong?

So I wonder why you (or your editor) went with the innocuous-sounding headline and lead? As written, it sounds as if the actual controversy is that the DOJ is intervening into the County merely carrying out normal voter-verification procedures!

Which, if you read down, is NOT the case as there've been millions of challenges, making Georgia the state with the most challenges to "suspect" voters -- including voters who've established citizenship, gotten married or moved!

I'd love to know your thoughts about why the story was framed the way it was.

By ccyr

Oct 9, 2008 10:36 PM | Link to this

Dear GradStudent: If you do videotape, you will be committing a crime according to the Democrats who have said for years that it is a violation of civil rights for the polling areas to be videotaped. Me, I don't really care, but you really should follow the laws that your party instituted.

By Grad Student

Oct 9, 2008 5:40 PM | Link to this

I will be videotaping November 4th from Buckhead to Bankhead!

We will see if they have enouth voting machines for the places that need them.

Handle is dead wrong. 450,000 new voters but you send 2,000,000 (2 million) voters names to get verified.

I am writing the Federal Governement and I want all those names checked.

How did you come up with who you want to run through your made up check Ms Handle?

I bet you did not choose 2 million people in Alpharetta.

This white collar crime has got to stop. I will write and write and write until I get answers.

By Jack

Oct 9, 2008 5:02 PM | Link to this

Republicans across the nation are ONCE AGAIN trying to steal elections and disenfranchise voters!!!
I PROMISE YOU, it won't be tolerated this time!!! There WILL be a HUGE PRICE TO PAY if it happens again!!!!

By Jennifer

Oct 9, 2008 4:39 PM | Link to this

Nick:

So, according to your proposed list of qualifications, my Father would be ineligible to vote because he dropped out of school at 15 to work in the cotton mill to help support his family? Even though he later went on to serve in the Navy, now runs a very successful business and is smarter than most everyone I know?

How about my Grandmother who was married at 13, but never finished middle school and raising children didn't require a GED?

What about my Great Grandfather who never learned to read or write but sure as hell has an informed opinion on any topic you want to discuss even at his advanced age?

By KC

Oct 9, 2008 4:33 PM | Link to this

NICK,

Okay...so you have some very firm opinions on voting. Now let's look at the law:

1. English literacy is not a requirement to vote. U.S. Citizenship is. You cannot gain citizenship as an immigrant without English literacy.
2. There is no educational requirement to vote. Graduating from High School or College does not guarantee a better grasp of the political process.
3. If you are born in the U.S., regardless of how your parents got here, our Constitution makes you a LEGAL U.S. Citizen. In other words, if you are born here it is inherently legal. This is a guarantee handed down by our forefathers who recognized the immigrant nature of our great nation.
4. Georgia requires a valid form of ID. Most states do not. Interestingly enough the very same people who forced the GA law into effect do NOT require an ID for mail in voting. Anyone else find that, oh, maybe hypocritical?
5. If the legal guidelines for voter qualification are not met you should not be able to vote. Agreed.

The issue at hand is that many states are breaking the law in purging voters from the rolls this close to a federal election. If you are to expect the citizenry to obey the law then you must apply it equally to those who are tasked with enforcing it.

Have a great day everybody!

By Aida Gonzalez

Oct 9, 2008 4:26 PM | Link to this

Doesn't Cobb County have anything better to do than obsess with citizenship status of its residents? Or the State for that matter?

By NICK

Oct 9, 2008 4:09 PM | Link to this

What the hell is going on here? Every piece of low life ***** should NOT have the right to vote.

In order to vote, one should....

1. You should be able to speak, read and write ENGLISH.
2. You should have to have a H.S. diploma or a GED.
3. You should be born in the U.S., LEGALLY.
4. You should show a VALID U.S. state i.d., with your picture on it.
5. You should NOT be able to vote if these guidelines are not met...

Commenting is open from 8 a.m. to 5 p.m. M-F, except on Tuesday when it's open until 9 p.m.

Post a comment



Remember me?

You may use the following formatting:
Bold: **this text will be bolded** = this text will be bolded
Italic: *this text will be italic* = this text will be italic
Link: [text to be linked](http://www.ajc.com) = text to be linked



There will be a delay of up to 5 minutes before your comment appears.


*HTML not allowed in comments. Your e-mail address is required.

Request a comment be removed

 

Inside AJC.COM

Grade the Falcons

Rate the Falcons defeat of the Chargers in four categories, including offense and coaching.

World AIDS Day

See how the different nations spread awareness though rallies and remembrances.

Private Quarters - Splurge

Former Braves catcher Javy Lopez and his wife Gina show us their Suwanee home.

Macy's Tree Lighting

Been away for the holiday? Here's what you missed with the Atlanta's annual event.

Planning your meals

Back to a busy work week? Here are 10 delectable and easy dishes to fit into each day.

Weekend away

Which city's skyline is above? See where Metro Atlantans visited over the weekend.

Week in Entertainment

Ashton Kutcher. Demi Moore, Aretha Franklin, Idina Menzel, "The Shield," and more!

Year in Review

Remembering Skip Caray, Bernie Mac, Isaac Hayes and those who passed away.

My Style

Erin Edmond is a fan of bright colors, vibrant patterns and feminine silhouettes.

Search AJC Archives

1985 to present     1868 - 1939 Advanced search

Kudzu.com services Find the right people for the job

Keyword     Business Name

AJCPets » The community for Atlanta pet lovers

Do Good Search for non-profit causes near you