[EL] State A.G. and action on voting rights

[Kevin Benson]

It's an interesting question, and I think the result (just defending NVRA
lawsuits, rather than suing state agencies for compliance) derives from the
AG's typical role as simply providing legal advice and representation to
agencies. There's often scarcely enough money in the budget to actively sue
over "traditional" AG role items like consumer protection or environmental
issues. And in those cases you're usually suing a private party, not another
agency. For better or worse, taxpayers don't like watching their state sue
itself.  

I think AGs generally do see NVRA compliance as part of their jobs, just
like they advise clients on employment discrimination, civil rights or ADA
issues, etc. But AGs often don't have direct control over their clients or
any ability to make them comply if the client fails or refuses. The AG
likely doesn't even know about the issue until it's at the brink of
litigation. 

I think the bigger problem is that DMVs, supportive service agencies, etc.,
don't see voter registration as part of their jobs. I suspect many of them
see it as an annoying extra thing they have to do that ultimately detracts
from (what they perceive as) their core mission, which is getting people
their drivers licenses or getting benefits. They argue (and they are
probably not wrong) that their average client cares infinitely more about
getting their license, or getting their car registered, or getting some
tangible benefit like SNAP. Those things have concrete, urgent meaning to
the person sitting at the window after waiting 3 hours. So the staff at
those agencies are try to meet that demand. They do not see voter
registration as important or urgent, because they don't think their clients
do either. 


Kevin Benson, Esq.
White Hart Law
2310 S. Carson Street #6
Carson City, NV 89701
(775) 461-3780
kbenson at whitehartlaw.com


-----Original Message-----
From: law-election-bounces at department-lists.uci.edu
[mailto:law-election-bounces at department-lists.uci.edu] On Behalf Of Hess,
Doug
Sent: Monday, February 27, 2017 8:49 AM
To: law-election at department-lists.uci.edu
Subject: [EL] State A.G. and action on voting rights


Reading the article in the link below (first paragraph also below) caused me
to wonder again about the role of state Attorneys General in election reform
and implementation. 

Do states have differences in the AG role that would explain why a state AG
would "unveil" an act? Or is this largely a difference in strategy,
careerism, etc. of an office holder?

On a related question, one of greater interest to me, I've always wondered
why AG offices have (largely) played a role in implementation of the NVRA by
defending their state against charges of noncompliance. Even when the issue
of noncompliance has not reached litigation, I don't sense the state AG
offices see state compliance with law as their job. Is that generally true
of their approach to state compliance with federal civil rights? Do state AG
offices have no tools for enforcement when it comes to state and local
governments? I.e., if a state agency or county is not complying with state
or federal disability laws, would the state AG ever sue or take other action
to enforce compliance?


http://prospect.org/article/ag-action

"Last week on the steps of Federal Hall, the Wall Street building where
George Washington was inaugurated and the Bill of Rights was introduced, New
York Attorney General Eric Schneiderman unveiled the New York Votes Act, a
package of election reforms he hopes can transform his state into a national
leader on voting rights."


Douglas R Hess
Assistant Professor of Political Science Grinnell College
1210 Park Street, Carnegie Hall #309
Grinnell, IA 50112
phone: 641-269-4383

http://www.douglasrhess.com 


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