(An LTTE on this from today's paper)
Van Hollen goes beyond HAVA rules
There is a change between Attorney General J. B. Van Hollen's first and second briefs on matching the voter registration list to the list of drivers' licenses.
His Aug. 27 letter to the Government Accountability Board was a measured, appropriate argument asking that the GAB check past registrations, meeting the effective date of the Help America Vote Act (HAVA).
He was fulfilling his role as attorney general.
However, the suit he filed on Sept. 10 asks for measures that go past what is legally required.
He writes about taking voters off the registration list.
But HAVA does not require this as a result of non-matches, so there is no basis to sue for this.
In fact, both state and federal law have general prohibitions against removing voters from the list, unless it is "beyond a reasonable doubt" that the person does not qualify.
HAVA mentions one specific use for database matching that applies to a first-time voter who registered by mail and did not provide proof of residence.
HAVA restricts this voter to provisional status unless the voter successfully matches another state database, in which case the restriction "shall not apply."
This clause fulfills the name of the act - to help America vote - but neither the GAB nor Van Hollen seem interested in this part of HAVA.
- Paul Malischke, Madison, spokesman, Fair Elections Wisconsin
(no link - not on-line yet, so I scanned it)
But here is a link to Fair Elections Wisconsin:
http://www.fairelectionswi.com