October 08, 2008
EFF Sues WA Secretary of State

The Evergreen Freedom Foundation has filed lawsuit against Washington Secretary of State Sam Reed for allowing underage voter registrations. Incredibly, voters are allowed to register even if they are not going to be 18 before the next election, and in some cases have actually voted illegally, and the Reed hasn't actually stopped it.

Oh, and speaking of the EFF, check out their recent podcast about the bailout bill, featuring EFF CEO Lynn Harsh and Tom Henry. As if you haven't heard it already!

Cross-posted on <pudge/*>.

Posted by pudge at October 08, 2008 05:23 PM | Email This
Comments
1. Good for EFF!

Reed and his cronies at the Secretary of State's office need to take the issue of illegally voting seriously.

Posted by: Matt from Olympia on October 8, 2008 05:46 PM
2. Reed needs to go ! Vote for his opponent - I don't care if they are a Democrat.

Posted by: KS on October 8, 2008 06:35 PM
3. KS, I disagree with Reed on various things, but he has purged hundreds of thousands of bad voter registrations, he has defended the integrity of our system from a lawsuit that wanted to allow registration of people without proof of residency, he has required ID at the polls, and more.

When I asked his opponent, directly, several times, his views on illegal voters, he said nothing. He even ATTACKED Reed for purging those bad registrations!

So no, voting against Reed would not do any good for anyone who wants to make sure all voters are legal. Voting for Jason Osgood would be a step backward, no matter how much you dislike Reed. We've made some serious improvements under Reed, and we would make none -- and probably go backward -- with Osgood.

Posted by: pudge on October 8, 2008 06:45 PM
4. It is amusing that Bush dumped McKay and nearly immediately turned up a batch of 1800 bad ACORN registrations - but McKay insists nothing was wrong and he was dumped for political reasons.

Posted by: Al on October 8, 2008 06:52 PM
5. Where would we be without this good group, EFF? Way to go, guys! Who knew? Sam Reed has long struck me as someone who just isn't much alarmed by this kind of thing. I thought he'd do better this time around, what with the scrubbing of voter rolls that had been done. But this---what the....

Posted by: Michele on October 8, 2008 09:17 PM
6. ..and I agree with Pudge. Frankly, unless Brian Sonntag is running for SOS, then putting a democrat in charge of elections in this state is way too much like putting a wolf in charge of the henhouse. Reed will get my vote for that reason only.

Posted by: Michele on October 8, 2008 09:20 PM
7. When I asked his opponent, directly, several times, his views on illegal voters, he said nothing. He even ATTACKED Reed for purging those bad registrations!

Do you have any proof of this? Honest question, does he have any public statements on the matter?

Because if that's true, I'd be forced to agree with you. But earlier, it sounded like he took this stuff seriously, and if that's the case, I'd really, really struggle with whom to vote for.

Posted by: Cliff on October 9, 2008 06:48 AM
8. Cliff, see: http://www.jasonosgood.com/platform.html

I think this is where I found his statement attacking Reed for purging the voter rolls, but now it's even worse: Our "opt-in" voter registration system ensures that we continue to argue. The right is most concerned about ineligible voters and voter fraud. The left is most concerned about disenfranchising voters. The whole system is expensive, complicated, and error prone.

An "opt-out" system of universal voter registration system resolves the impasse. It eliminates the risk of voter fraud. It ensures that all eligible voters can vote on election day. It's also simple and cheaper to administrate.

You read that correctly: he will eliminate the problem of illegal voters by assuming every person is a legally voting citizen. Surely Osgood knows that we don't have a list of who is and is not a citizen, so therefore he be unable to draw any such distinction.

He also wants to move the primary back to September, disenfranchising overseas military voters, and give all released felons the right to vote.

Posted by: pudge on October 9, 2008 07:17 AM
9. I can't believe these conservatives have the audacity to suppress underage voters. What's next? Will illegal aliens be denied the right to vote? Incarcerated felons? This is a slippery slope.

Posted by: FarFarRight on October 9, 2008 07:56 AM
10. FFR: ha. :-)

Posted by: pudge on October 9, 2008 08:00 AM
11. Sam Reed is on the Radio at KVI and he just called for the DOJ to launch an investigation of ACORN Nationwide because of their activites.

Posted by: Smokie on October 9, 2008 08:07 AM
12. MEMO: State Elections Division response to Evergreen Freedom Foundation's lawsuit
--------------
Washington has tightened its monitoring of potential underage voting, and election officials are confident that aggressive screening will prevent underage voting in the upcoming General Election, says state Elections Director Nick Handy. His comment came as Evergreen Freedom Foundation, an Olympia based think tank, filed suit in Thurston County Superior Court seeking review of an administrative law judge's ruling that upheld the Secretary of State's Office.

"We have tightened our procedures and we are monitoring the situation very aggressively," Handy said. "We are working closely with the counties and we are confident that policies and procedures are in place to insure that underage voters are not allowed to vote.

"Our system for keeping ineligible 17 year olds from being added to the state list of voters is working very well.

"We were pleased that out of nearly 1.5 million ballots cast in the primary, we had no instances of underage voters and we don't expect any problems in the upcoming General Election. There were no problems reported in the 2007 election and four cases of human error that allowed four 17 year olds to vote in the presidential primary this year. Since that time, we have tightened our procedures further and stepped up our monitoring."

A statewide voter registration database launched in January, 2006, allows state election officials to spot any potential problems and to make sure that citizens who won't be 18 before Election Day do not get a ballot. State law allows 17 year old to register, as long as they'll turn 18 by the election, but they aren't entered on the central database until they actually turn 18.

An independent administrative law judge, Rebekah R. Ross, dismissed an EFF complaint in August. Her written order said, "I find that the evidence does not support a finding that the Secretary of State has a policy or procedure that allows counties to register underage persons, resulting in underage voters.

"The fact that there were no actual underage votes in 2007 and only four in 2008 is strong evidence that the current policies are working to prevent underage registration and voting."
------
Nick Handy is at (360) 902-4156.
- Brian Zylstra, Deputy Communications Director, Office of Secretary of State

Posted by: Brian Zylstra on October 9, 2008 09:37 AM
13. Brian, it should simply be the case that if you are under 18 on election day, your vote WILL NOT BE COUNTED, using a simple check against the citizen's recorded age. This is not in place; at least, not that your office has been willing to say. Therefore you're not doing enough.

It's not about "monitoring" or "spotting problems." It's about simply forbidding it in the system. That human error allowed it to happen is the problem.

Unless you can tell us exactly what procedures you have in place, we're going to -- almost surely correctly -- assume that you are not actually forbidding it, and therefore not doing enough.

Posted by: pudge on October 9, 2008 09:47 AM
14. Secretary of State spokespersons are saying "aggressive screening will prevent underage voting in the upcoming General Election."

But facts are troubling things. The Sept. 26 version of the database shows seven underage registrations for the General Election. Screenshots here:

http://www.libertylive.org/blog_main/post.php?post_id=907

Posted by: Reitz on October 9, 2008 10:22 AM
15. Oh Reitz, you're just making a mountain out of a molehill. We can trust these fine young citizens to not vote, and the county auditors to catch them if they do, and the Secretary of State to catch it if they ... oh wait.

Are you saying that the fact that there are current illegal underage voter registrations might reflect poorly on their claim that it isn't happening?

Posted by: pudge on October 9, 2008 10:31 AM
16. If a County screws up and registers an invalid voter, and they allow the invalid voter to vote - when does the responsibility for these actions transfer from the County to the State?

Similarly, when does the responsibility transfer from the individual to the government?

Is there a particular state law that addresses this?

Posted by: BA on October 9, 2008 10:41 AM
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