Da' Judge Sez: Republicans Don't Have to Deliver Democrat Registrations
Reported by Marie Therese - October 18, 2004 -
On the Big Story with John Gibson that aired October 15, 2004 from 5:32 PM to 5:39 PM EDT, an interesting exchange took place during which Judge Andrew Napolitano, FOX News Senior Judicial analyst, had some interesting things to say about voter registration,
During Major Garrett's brief report about the DNC memo that encouraged local offices to take pre-emptive action in the media, even if they had no hard evidence of voter fraud, he noted that "... Republicans see this as a very sinister tactic."
After I stopped laughing, I restarted the VCR and transcribed the rest of the interview.
GIBSON: "So what about this thing ... where the DNC issued instructions, you know, [to] make up problems?"
NAPOLITANO: "That, of course, would be a fraud on the court, if you were to file a complaint based on false problems, on problems that didn't exist. That is, in itself, a crime. It may disrupt the election. It may cause a recount, where one is not necessary. It may slow down the electoral process. But, it itself would be an illegal act. Now, I saw the same document that Major Garrett saw. It was issued by the office of Terry McAuliffe and it basically said "where there are no problems, cause them."
GIBSON: "But, go as far as, as, as illegally causing problems?"
NAPOLITANO: "... Let's move out to Nevada - Chicago moves to Nevada. So what is the legal ramification of somebody getting a bunch of people to register, then destroying either the Republican or the Democrat registrations."
NAPOLITANO: "Destroying a registration is itself a crime. But bringing people to register who are just Republican or who are just Democrat or refusing to bring people from the other party is not a crime unless you work for the government. The government obviously can't say we're only gonna register Democrats or we're only gonna register Republicans. But, operatives from each party can. This is a question of fact ... that a judge will have to resolve, if, in fact, if in fact these registrations literally were ripped up."
GIBSON: "If Republicans hire someone to go out and register Republicans, are they under obligation to take a registration from a Democrat?"
NAPOLITANO: "No. And the vice versa is the case as well, unless the person works for the government in which case they'd be breaking the law by working for a political party as well. The government must accept any registration that comes in. Republicans only need deliver Republican registrations. Democrats only need deliver Democratic records."
GIBSON: "OK. If the Republicans are out there registering people, do they have to deliver a Democratic registration that somebody's given them?"
NAPOLITANO: "They don't have to accept it from the Democrats, nor do they have to deliver it."
GIBSON: "So tearin' it up might not be a crime?"
NAPOLITANO: "Tearing it up they can't do. But they don't have to bring it in."
GIBSON: "Alright. The Judge rules. I'm not sure I know but he rules."
Comment
I was thunderstruck when I first heard Napolitano's statements, so I called my local Democratic HQ. They informed me that, at least in the state of California, it is illegal to take a registration and then deliberately not deliver it to the appropriate election officials.
I spoke with the League of Women Voters and with Senator Dianne Feinstein's office, but they could not elaborate on the federal law.
Since Napolitano is not clear about whether or not he was speaking of the federal election laws or specifically about Nevada, I put a call into the main Democratic HQ in Nevada (thanks to Martha in Senator Feinstein's office who kindly gave me the number).
Unfortunately, the attorney's line was busy and the receptionist said she'd call me back. That was an hour and a half ago and I still haven't heard from her.
Since I have to work, I'm posting this without an official statement from Nevada.
Perhaps some of our well-educated readers know whether or not Napolitano's analysis of the voting laws is correct.
