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After Three Months, What Can Tova Wang Tell Congress? PDF  | Print |  Email
By Sean Flaherty, Iowans for Voting Integrity   
July 08, 2007

Almost three months after Tova Wang requested that the Election Assistance Commission (EAC) grant her permission to speak to third parties, including members of Congress, about her work on the Commission's Voting Fraud and Voter Intimidation Project, the EAC refuses to state if it believes that specific aspects of her work are off limits.


Wang, Democracy Fellow at the New Century Foundation, and Republican election attorney Job Serebrov were contracted by the EAC in 2005 to prepare a report on voting fraud and voter intimidation summarizing the available evidence and current scholarship on the subject. Significant differences between the report they submitted to the EAC on July, 2006 and the version approved and published by the Commission in December have inspired controversy and Congressional inquiries.



James Joseph, Wang's attorney, calls the EAC's response to Wang's request "incomplete, inaccurate, and misleading." In a June 14 letter to Joseph, EAC counsel Gavin Gilmour interpreted Wang's request to speak publicly about her work as a request to speak "on behlaf of the agency." Gilmour's letter states that "Ms. Wang is free to discuss public matters as she wishes," that the Commission has decided to make the "Voting Fraud and Voter Intimidation Project's correspondence and documents available to the public." Immediately following this statement, Gilmour writes that on June 8, the EAC voted to "publicly release (waiving associated priveleges) all Voter Fraud Project documents is has provided in response to Congressional requests." Whether that statement means all documents relating to the project were in fact provided to members of Congress is unclear.


In a letter dated June 20, Joseph replied that he assumes this to mean that "the EAC has not selectively provided certain documents to the [Senate Rules and Administration] Committee, while holding back other relevant materials without providing a privilege log describing the documents withheld." Joseph concludes that Wang should be free to discuss her work on the voting project as long as she makes clear that she is speaking on her own behalf, and requests that Gilmour reply in writing as quickly as possible if there are indeed documents related to Wang's work that have not been provided to the Committee.


Wang's attorney accuses the EAC of playing a game of "gotcha," promising to vigorously enforce the confidendiality provision of its contract with Wang, but refusing to clarify her ability to speak. Joseph told this writer that as of last week, he had not received a reply from the EAC.

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