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On the Issues Greg Palast in his book, Armed Madhouse, states that the purging and caging of votes present the greatest danger to a fair election in 2008. This SAE article seeks to present a simplified view of caging and its many problems. What Is Caging? Edited from Campaign Legal Center Blog Posted June 20, 2007 by J. Gerald Hebert http://www.clcblog.org/blog_item-138.html
"Sometimes vote
suppression is as important in this business as vote-getting." What is Caging? "Vote caging" is when a political organization, typically a political party, sends first class mail to a list of voters (or donors) marked "do not forward." Sometimes, the mail is sent return receipt requested. Voters whose mail comes back undeliverable, or who do not return the receipt, are placed on a "caging list" which is used to challenge those voters as not being validly registered. The challenges can occur prior to Election Day or at the polls. Despite the fact that many voters who might end up on a caging list are validly registered, there is nothing illegal per se about compiling a list of voters. What is illegal under the Voting Rights Act and the U.S. Constitution is targeting vote caging at minority voters, i.e., directing mail to them, and only challenging their attempts to vote on Election Day. As an example, during Jesse Helms re-election campaign in 1990, Helms campaign sent inaccurate voting information exclusively to African-American voters that was designed to intimidate them. At least 44,000 postcards were sent, and the returned postcards were used to compile a list of black voters with the intent of challenging them at the polls. When the Helms for Senate Committee learned that the Department of Justice (DOJ) was investigating, they immediately stopped what they were doing. Eventually, DOJ filed suit over the mailing, and the defendants, caught red-handed, signed a consent judgment agreeing to an injunction that put an end to their actions. What is the Problem With Caging? There are plenty of reasons why mail sent to a validly registered voter might be returned as undeliverable or without the signed return receipt requested. 1. The voter may be serving abroad in the military or away at college. 2. Address errors, especially in urban areas, are common. 3. A voter may have forgotten to put his or her apartment number on the voter registration form. 4. There may be typographical errors in preparing the list of voters to whom mail will be sent. For example, Gonzalez becomes Gonzales 5. Most common, the voter may have recently moved but still be validly registered to vote. 6. Voters simply may not want to accept mail from that particular political party. What Happens When A Voter Is Challenged At The Polls? The procedures vary state by state. 1. The voter may end up voting a provisional ballot (which is less likely to be counted). 2. Or a voter may be asked to prove their place of residence, by producing a utility bill for instance (though many cannot provide such documentation on the spot). 3. In some cases, a challenged voter may get flustered, or embarrassed, and may simply leave and not vote. 4. If the challenging of voters slows down the voting process for other voters, it can create lines and discourage those with only minutes to spare who may be trying to vote on their lunch break. 5. Caging lists used to challenge voters can also create confusion in the polling place, which can become extremely busy either as the polls first open or as work lets out. Again, delays can develop and voters get frustrated and leave. What can be done? 1. Congress needs to pass S.453 (Deceptive Practices and Voter Intimidation Prevention) and H.R.1381 (Count every Vote Act of 2007) 2. Congress Needs to exercise its oversight responsibilities and ask: a)Will the Justice Department go to court to stop illegal vote caging? b)Will those responsible for developing, condoning, and defending the illegal vote caging be held accountable ? 3. Lawsuits can be effective tools for remedying any further vote suppression.
Inside the Vote Cage:
Griffin, Goodling and McNulty
Posted June 20, 2007 by J. Gerald Hebert Related Article: Vote Caging and the Attorney General
Posted July 23, 2007 by J. Gerald
Hebert and Brian Dupre
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