[EL] Justice Department Investigates Pennsylvania Voter ID Law

[Bruce Adelson]

Good evening:
 
In discussing DOJ's letter with election officials across the country today, it seems likely that AAG Perez signed the letter to signal DOJ's enhanced enforcement interest in voter id laws. The letter's large information request is also revealing of DOJ's interest and investigative intent. This interest is especially important as the November election approaches. In my DOJ career experience, other AAGs have previously signed letters of similar import.
 
Bruce L. Adelson, Esq.
Federal Compliance Consulting, LLC
11808 Becket Street
Potomac, Maryland 20854
301-762-5272
240-536-9192 fax


--- On Tue, 7/24/12, Pitts, Michael Jude <mjpitts at iupui.edu> wrote:


From: Pitts, Michael Jude <mjpitts at iupui.edu>
Subject: Re: [EL] Justice Department Investigates Pennsylvania Voter ID Law
To: "Ryan J. Reilly" <ryan at talkingpointsmemo.com>, "law-election at uci.edu" <law-election at uci.edu>
Date: Tuesday, July 24, 2012, 10:39 AM







There are a couple of interesting aspects—one procedural and one substantive—of the Department of Justice’s letter to the Commonwealth of Pennsylvania that demands information related to the Commonwealth’s nascent photo ID law.
 
The procedural aspect is that the letter was signed by the Assistant Attorney General for Civil Rights rather than a career attorney in the Voting Section.  Perhaps some of my former DOJ colleagues on this listserve would disagree, but my recollection is that’s not the usual course of events for such a letter.  Put simply, it’s somewhat unusual for the Assistant Attorney General for Civil Rights to sign a letter that essentially opens an investigation.  I can think of at least a couple of reasons for this atypical process.  First, the investigation is so high profile that just the mere opening of an investigation warrants the Assistant Attorney General’s signature.  Second, it could reflect that there is some dissension amongst the career lawyers as to the propriety of the letter.
  
The substantive aspect is that the Assistant Attorney General’s demand for information is made pursuant to 42 U.S.C. § 1974 and it seems unlikely that this statute applies to at least some of what the Assistant Attorney General is requesting.  Without quoting the entirety of the statute, the gist of the statute seems to be that Commonwealth officials are required to keep records related to a federal election for 22 months following a federal election.  I don’t quite see how Pennsylvania’s current driver’s license and personal identification database—the second item requested in the letter—falls within the scope of that statute.  Put differently, I doubt Pennsylvania’s driver’s license database is a record related to a federal election held in Pennsylvania during the past 22 months. 
  
It will be interesting to see how the Commonwealth of Pennsylvania responds to the request for information.  On the one hand, the Commonwealth probably has a legitimate argument that it does not have to provide at least some of the information demanded in the letter.  On the other hand, Pennsylvania may just want to comply with the demand in order to show it has nothing to hide, as the law often operates in the shadow of public relations. 
  
Best, 
Mike 
  
Michael J. Pitts 
Professor of Law & Dean's Fellow 
Chair, Faculty Recruitment Committee 
Indiana University Robert H. McKinney School of Law 
530 West New York Street 
Indianapolis, IN 46202 
317-278-9155 
mjpitts at iupui.edu 
Webpage: http://indylaw.indiana.edu/people/profile.cfm?Id=293 
  
  
  

From: law-election-bounces at department-lists.uci.edu [mailto:law-election-bounces at department-lists.uci.edu] On Behalf Of Ryan J. Reilly
Sent: Monday, July 23, 2012 5:51 PM
To: law-election at uci.edu
Subject: [EL] Justice Department Investigates Pennsylvania Voter ID Law
  
http://tpmmuckraker.talkingpointsmemo.com/2012/07/doj_investigates_pennsylvania_voter_id_law.php 

 

Ryan J. Reilly
Reporter, TPM

http://talkingpointsmemo.com/ryan_j_reilly.php

office: 202-758-3048 x208

cell: 202-527-9261

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twitter: @ryanjreilly
 
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