Senator Sherrod Brown

WASHINGTON, D.C.—U.S. Senator Sherrod Brown issued the following statement in response to President George W. Bush’s request today that the Department of Justice (DOJ) intervene in Ohio’s enforcement of election law.

“I am disappointed that the president chose to interject partisan politics into the election. My confidence in Secretary Brunner’s work remains unchanged. She will ensure that every eligible Ohio vote is counted.”

White House spokesman Carlton Carroll today confirmed that President Bush will forward a letter from House Minority Leader Boehner (R-OH) regarding Ohio’s enforcement of the Help America Vote Act (HAVA).

Yesterday Brown, along with U.S. Representatives Marcy Kaptur, Tim Ryan, Zack T. Space, Betty Sutton, and Charles Wilson called on the DOJ to resist partisan calls for federal intervention into Ohio’s enforcement of election law.

“The eyes of the nation are once again on Ohio in this critical election, and there is no room for partisan politics that seek to erode voter confidence in Ohio’s election system,” wrote the Members in a letter sent today to Attorney General Michael B. Mukasey. “We have confidence in the work that is being done by Ohio’s bipartisan group of election officials and by Ohio Secretary of State Jennifer Brunner.” 

With fewer than two weeks before the presidential election on November 4, 2008, DOJ has recently received partisan requests to file suit against the State of Ohio to implement new standards to verify voter registrations under the HAVA. A similar suit brought by the Ohio Republican Party has already been rejected by the U.S. Supreme Court.

HAVA was passed to ensure that the votes of all eligible voters are counted. To comply with HAVA, former Ohio Secretary of State Kenneth Blackwell, a Republican, instituted a voter registration database, known by the acronym SWVRD, in 2006.  The State continues to maintain the SWVRD in accordance with federal and state law.   

No complaints concerning its implementation or operation were received by the Secretary of State’s office until the Ohio Republican Party initiated litigation on September 26, 2008.  The lawsuit sought to compel the Ohio Secretary of State to implement new standards for the SWVRD – standards that are not required under either HAVA or Ohio law. 

“It is hard to find another explanation for complaints that are filed with only a few days remaining before the election,” continued Ohio delegation members in their letter. “We are concerned that complaints about the administration of HAVA in Ohio are designed to reduce the number of legitimate votes that are cast and counted in our state.”

A full copy of the letter follows.

October 23, 2008

General Michael B. Mukasey
Attorney General
U. S. Department of Justice
950 Pennsylvania Avenue, NW
Washington, D.C. 20530-0001

Dear General Mukasey:

We write regarding enforcement of the Help America Vote Act of 2002 (HAVA).  As you know, Ohio and other states are in the midst of carrying out their obligations under Section 303 of HAVA in the face of tremendous increases in voter registration.  This surge in registrations is a healthy trend in a democracy.

We are strong supporters of HAVA.  As you know, the purpose of HAVA is to ensure that the votes of all eligible voters are counted.  We are concerned that complaints about the administration of HAVA in Ohio are designed to reduce the number of legitimate votes that are cast and counted in our state.

It is hard to find another explanation for complaints that are filed with only a few days remaining before the election.  To comply with HAVA, former Ohio Secretary of State Kenneth Blackwell, a Republican, instituted a voter registration database, known by the acronym SWVRD, in 2006.  The State continues to maintain the SWVRD in accordance with federal and state law.   

No complaints concerning its implementation or operation were received by the Secretary of State’s office until the Ohio Republican Party initiated litigation on September 26, 2008.  The lawsuit sought to compel the Ohio Secretary of State to implement new standards for the SWVRD – standards that are not required under either HAVA or Ohio law.  The Supreme Court of the United States recently issued a decision that vacated a temporary restraining order that had directed the Secretary to institute additional procedures under Section 303 of HAVA. 

Since the Supreme Court’s decision on October 17, 2008, the case was refiled in state court and then dismissed by the plaintiffs.  These proceedings reinforce our understanding of Section 303, which required states to create a system to keep a permanent record of voter registrations and to ensure that localities are able to share and update information regarding voters, in particular, those that move.  We are aware of no evidence that indicates the state is operating in anything but a uniform and nondiscriminatory manner.  Absent these grounds, the involvement of the Department of Justice is unnecessary as HAVA specifically recognizes that implementation of the act is to be left to the states.

Ohio’s eighty-eight (88) county boards of elections are presently verifying thousands of new registration and voter registration change of name and residence updates in accordance with state and federal requirements.  These updates are being processed in addition to the substantial preparations that must be made in anticipation of Election Day.  The creation of another process to verify new registrations is unnecessary and has the potential to create confusion and reduce voter turnout.  As Ohio saw in the last election, some voters will understandably turn away after waiting for hours on line.  

With fewer than two weeks before the presidential election on November 4, 2008, the Department of Justice should resist partisan calls to interfere in the administration of elections in Ohio.  According to testimony before the Senate Judiciary Committee last year, Republican members of Congress exerted pressure on the Justice Department two years ago to bring an indictment in a public corruption case against Democratic officials before the November election so as to influence its outcome.  To his credit, the U.S. Attorney in question resisted this pressure.  You should do no less. 

The eyes of the nation are once again on Ohio in this critical election.  We have confidence in the work that is being done by Ohio’s bipartisan group of election officials and by Ohio Secretary of State Jennifer Brunner.  We respectfully request that you refrain from taking any action absent more compelling evidence than partisan political requests.

Sincerely,

Sherrod Brown
U.S. Senator

Marcy Kaptur
U.S. Representative

Tim Ryan
U.S. Representative

 Zack T. Space
U.S. Representative

Betty Sutton
U.S. Representative

Charles Wilson
U.S. Representative
 
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