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| AMY GOODMAN: Elliot Mincberg is us with, Legal Director of the People
for the American Way Foundation. People for the American Way just released
a report in cooperation with the NAACP called, "The Long Shadow of
Jim Crow: Voter Intimidation and Suppression in America.” They have
monitors deployed across the country. Can you start, Elliot Mincberg, by
telling us what you have found? ELLIOT MINCBERG: Well, as you have indicated, what we have found is that unfortunately in just about every election beginning early in the 20th century, there have been attempts to suppress or intimidate voters, and for the most part, those tend to be minority voters, African American or Hispanic or other minorities, where someone thinks that they will get an electoral advantage by doing that. We have seen it, as you said, as recently as this year, and as far back as in the 1950s and 1960s, and of course, before that, I don't have to remind your listeners, voting was indeed not even permitted among many minorities effectively in many parts of the country. AMY GOODMAN: Can you talk about what you are doing right now, around the country. ELLIOT MINCBERG: Well, we, People for the American Way Foundation, the NAACP, the Lawyers Committee for Civil Rights, Working Assets, many others have combined to form an election protection program. That program tries to offer three levels of protection to voters on election day, not just for intimidation efforts but also just for the typical, routine, but very problematic issues that may occur at the polls when people try to vote but are not able to do it for one reason or another. The program will involve more than 20,000 poll monitors at precincts across the country in primarily heavily minority precincts. It will involve lawyers and others standing by in 50-some locations across the country, and it will involve a national toll free hotline, 1-866-OUR-VOTE, that voters anywhere can call if there are problems either in terms of suppression or intimidation or just people being able to cast their vote. The idea of this program is to frankly restore the democracy that many feel was lost as a result of the problems in the 2000 election, to let people be involved in that, because we have literally thousands and thousands of volunteers that are involved in it, and to try to encourage people to get out there and vote, to cast a ballot that counts, because if you need help, there will be somebody there to help out. AMY GOODMAN: People for the American Way Foundation president, Ralph Neas, says new revelations from a smoking email about Governor Bush's involvement in the attempted implementation of a voter purge list in Florida, demand the appointment of a special counsel by the Attorney General, John Ashcroft. Can you explain further? ELLIOT MINCBERG: Sure can. As many people know, one of the great tragedies of the 2000 election was that thousands of people, primarily minorities, were thrown off the rolls in Florida because of an alleged felon purge, an attempt to eliminate people who had committed felonies from the ballot. Florida is one of the only six states in the country that doesn't automatically restore voting rights. The problem was that they did it through a series of lists that were fatally flawed, and threw off people who should not have been thrown off the rolls. This year, there was an attempt to do that again. This time around, public interest groups like ours and the media demanded and eventually went to court and got a copy of the state's list and showed that the list was incredibly flawed again. It significantly overrepresented African Americans and it had a lot of people on it who had been granted clemency. Faced with these embarrassing disclosures, the state sometime in July or August withdrew the list, but what the smoking email demonstrates is that way back in May, before the state began to order the implementation of this program, there was apparently a discussion with state officials and directly with Governor Bush, where state officials said to the governor that there were some serious problems in that list, and the governor, according to this email, directed that they go ahead and implement the list anyway. They did implement it. They tried to keep it secret. The rest, of course, was history. From our perspective, this is a serious potential violation and does require, in our view, the federal government to investigate possible attempts to violate people's civil rights and particularly in light of the fact that we're a talking about the president's brother, ought to involve the appointment of a special prosecutor. Unfortunately, we have heard nothing from the Justice Department on that so far. AMY GOODMAN: We're talking to Elliot Mincberg, Legal Director of People for the American Way Foundation, which is part of the Election Protection Coalition, a voter education empowerment and protection initiative active in a number of lawsuits challenging decisions made by Florida officials that disadvantaged Florida voters. When we come back, we're going to stay in Florida, talk about what is happening there. We're also going to be talking about a threat that the head of the Republican National Committee made to Rock the Vote, telling them to cease and desist talking about the possibility of a draft. [break] AMY GOODMAN: As we talk about election protection initiatives around the country and what is happening -- yes, voting has started in many states around the country, early voting. Our guests are Elliot Mincberg of the People for the American Way Foundation. Also, Joe Egan on the line with us, an Orlando-based attorney representing a number of people and groups who have been harassed for conducting voter registration activities. Joe Egan, tell us what you have found in Orlando. JOE EGAN: Well, I represent an organization that's been around since the 50s. It's largely an African American organization made up of elderly -- by elderly I'm talking retired – African Americans who volunteer their time doing voter registration, get out the vote effort, including absentee ballots. They became the target of an FDLE -- the Florida Department of Law Enforcement -- investigation, about two-and-a-half, three months ago. It's an interesting -- it ties into the comments made a few minutes ago regarding the felony list because it’s the same organization -- the FDLE is a state law enforcement agency, the head of which reports directly to Jeb Bush, the Governor, and the head of which is appointed by, of course, the Governor, Jeb Bush. What they did, under the guise of investigating election fraud issues, they did a two-prong attack, we believe, on this organization, and on its efforts. The first thing they did is they launched a press campaign, much that really privately doing private press briefings -- background, I guess, briefings, and they made a number of statements saying there was racketeering involved, and they were investigating racketeering. There was done before there was any investigation. This is before they had gathered any evidence. Then they randomly selected African Americans – most, again, mostly elderly -- who voted absentee ballot with the assistance of the Voter's League. And they made unannounced visits to the homes, and the unannounced visits were made by not one, but by groups of armed law enforcement officers. And what I have said so far is not disputed. What’s disputed apparently down here is whether or not it was intentional or just simply reckless. What also is not disputed is the fact that it has resulted in a great deal of uncertainty on the part of many people about the legality of voting by absentee ballot. It's also intimidated a great many people. There are people who – again, these are mostly elderly African Americans, some might be handicapped but most of them are elderly people, in their seventies and eighties, who use the Voter's League volunteers. A lot of them just will not participate anymore. That's what prompted us to go look into this issue. AMY GOODMAN: Can you talk about the 73-year-old African American who has been long involved with voter registration and election issues, who has been targeted recently? JOE EGAN: Ezzie Thomas is, I think, who you are talking about. He's the president, he’s a small businessman who was raised in Orlando, and has carried on an absentee ballot program here for about -- since he retired, for about eight years, along with voter registration, voter education. He speaks to neighborhood groups, high schools. And it's all part of this campaign that they do to try to encourage minority participation in politics. What the FDLE has done and what the state's attorney has done is taken a statute that's been on the books for a number of years, since 1998, and given an interpretation that is new, very novel interpretation from a very ambiguous statute. They have effectively told him he's facing potential third-degree felony charges. Among other things, they're asking about whether stamps were provided to some of these absentee ballot voters.What's significant about this, and about these allegations, is that, one, they are new, and two, what they are investigating is conduct that was largely evolved from Republican campaign efforts down here for years, and the Voters League copied, really, what the Republican party has done. That is, run these absentee ballot campaigns using volunteers and paying expenses for some of the volunteers to buy gas, but also providing stamps and so forth, and so, the Voters League and Thomas, of course, is in a position where they're asking, “Why me, why now?” It has effectively shut down -- the bottom line is it's effectively shut down much of the outreach by the Voter's League in this election. We have got volunteers who are just afraid to go out on the streets. They have had home visits themselves. Some of them -- some of the younger ones, people in their sixties, who are still working, had state law enforcement officers show up at their place of employment and interrogate them, and they simply will not -- they’re scared to death. They don't want to do any more volunteer work on this election issue. It's caused a real split in the community here. |
The newspaper here, the editors and all,
were outraged by the allegations, thinking that Orlando was perhaps
being painted as a remnant of the -- I guess it was called a few minutes
ago, the Jim Crow era. But for a great many people who have, especially
people around in the 50s and 60s, this conduct is reminiscent of the
voter suppression that went on in the past. And I think what's significant
about it is there's really no dispute as to the facts. The only dispute
down here now is whether or not it was part of a conspiracy or whether
it was intentional, but there's no dispute that the conduct that did
occur, that it was unprecedented, that the FDLE had never done an investigation
like this before. The visits to the homes were the homes of innocent
people, people which they admit were not involved in any criminal conduct
at all, and the outcome, of course -- that is, people being intimidated
by having armed law enforcement officers show up at their front door
and elderly people being confused about -- when they're told in the
interrogation at their front door in the houses, that you’re
involved in a criminal investigation because you voted absentee ballot.
I don't think there's any dispute -- some of those people are convinced
that absentee ballot voting either, one, is illegal, or, two, brings
The Man to the door -- that is, the law enforcement agency. And it
has really caused some alarm down here and of course, the organization
that I represent, the Voters' League, has been devastated by it. They’ve
seen years of hard work simply go down the drain with this thing. We
estimate we have lost probably 1,000 voters who may not vote this time
because of the home visits and the concurrent active media campaign
run by the FDLE, which put out, we believe, a lot of misleading information
suggesting there's some sort of wide scale criminal conduct on the
part of these volunteers, all of which now, of course, there's no evidence
of that. |
