This article was posted at southernstudies.org.
The controversy that recently erupted in North Carolina over
confusing, misleading and at times illegal voter registration tactics
used by Women's Voices Women Vote has not discouraged the D.C.
nonprofit from continuing similar efforts in Appalachian states with
primaries this month.
Officials in West Virginia and Kentucky,
which hold primary elections today and May 20 respectively, tell Facing
South that the group is causing similar confusion among the prospective
voters it's contacted in those states -- many of whom are already
registered to vote.
As documented in our recent investigation into the group's activities in North Carolina, Women's Voices racked up official complaints from elections officials in Arizona and Colorado as long ago as November 2007. In February, the group was the target of a police investigation
in Virginia that resulted in Women's Voices promising to stop making
anonymous robo-calls. But two months after making that promise, the
group showed up in North Carolina and again made anonymous robo-calls in the week and a half before the primary, telling people they'd receive a voter registration packet in the mail.
The calls and mailers raised concerns
among North Carolina voting rights advocates because they gave
registered voters the impression that they were not properly
registered. In addition, the robo-calls were illegal under the state's
laws because they did not identify the group making them, leading North
Carolina Attorney General Roy Cooper to issue a cease-and-desist order. The N.C. NAACP filed a formal voter-suppression complaint
with Cooper and notified the U.S. Department of Justice, in part
because of the differences in the calls that went to black voters
(listen to the call here) vs. white voters (audio file here).
Now
Facing South has learned that Women's Voices Women Vote has gone on to
engage in some of the same problematic behaviors in West Virginia and
Kentucky.
In West Virginia, Secretary of State Betty Ireland issued a press release
[pdf] on Thursday, May 8 cautioning voters about Women's Voices
"potentially misleading" registration efforts. The warning came after
the organization began mailing voter registration forms to more than
16,000 unmarried women across the state right before the primary
election, but after the April 22 deadline to register for that election
had already passed.
"I do not want registered voters to be
confused by this mailing," Ireland said in the press release. "If you
were already registered to vote, you do not need to re-register. If you
were already registered but recently moved, it is best to contact your
county clerk to make sure you vote in the correct precinct on Election
Day."
Secretary of State spokesperson Sarah Bailey told Facing
South her office had received about 300 returned forms as of May 7 --
but many of them from people who were already registered. The same
problem has occurred in many of the 24 states where Women's Voices is
working, and in North Carolina the resulting confusion led some to
believe it was was an attempt to suppress votes -- a charge that
Women's Voices has denied.
Chaos in Kentucky
In
Kentucky, Women's Voices has been causing problems for elections
officials for about eight months now. Last week, Kentucky Secretary of
State Trey Grayson issued a warning that the nonprofit's confusing materials risk leading registered voters to mistakenly think they're not.
The Kentucky official also noted that Women's Voices was conducting confusing robo-calls, two and a half months after they had pledged to end the practice:
The State Board of Elections has also heard from voters and
from county clerks that WVWV have been sending automated calls
encouraging people to register to vote which does not explicitly state
that the voter registration deadline has passed for the May primary
election. "We are unfortunately familiar with this group,"
Sarah Ball Johnson, executive director of the Kentucky State Board of
Elections, told Facing South. "We started communicating with Executive
Director Joe Goode last year to help them understand what it's like on
our end, but it hasn't helped."
Johnson first encountered
Women's Voices prior to the state's gubernatorial election last
November, when the group began sending out voter registration mailings.
In fact, Women's Voices established a mail permit in the board's name,
making the state office a target for confused and angry recipients.
"The mailer looked like it came from us," Johnson reported.
After
the elections board complained, Women's Voices stopped using its name.
But the nonprofit hasn't always been so willing to cooperate with
frustrated local officials. For example, Johnson says she has
repeatedly asked to preview Women's Voices materials before they're
mailed out out but was told no. She's concerned because the materials
contain misleading language -- that, for example, "federal law requires
you to fill this out to vote," which is not true.
Johnson
observed that many of the forms that are returned are not even properly
completed but instead contain "hateful messages" or are simply left
blank, presumably because the recipient wants to cost the group postage.
Another "unfortunate coincidence?"
The boilerplate letter
[pdf] that Women's Voices Women Vote sent to West Virginia election
officials -- identical in almost every respect to letters it has sent
in other states -- reads in part:
Unfortunately, West Virginia residents will receive this
[Women's Voices voter registration letter] after the deadline for
registering to vote to participate in the upcoming primary election.
[...]
We hope this unfortunate coincidence of timing does not
lead to any confusion or aggravation for either your state's voters or
registrars. But given the mayhem that has transpired in 12
other states -- including national controversy from their North
Carolina experience -- Women's Voices is well aware that their
oddly-timed mailings will lead to "confusion and aggravation."
It's no mistake or "coincidence" -- so why do they keep doing it?
Women's Voices states
on its website that it "started with one goal in mind: Improving
unmarried women's participation in the electorate and policy process." Working closely with Catalist -- makers of a large, widely-used voter database created by Harold Ickes,
a lead strategist for Sen. Hillary Clinton -- Women's Voices says its
mission has expanded to target a wide range of unregistered voters,
including African-American and Latino families.
But in the
states Women's Voices works, other nonprofits registering voters are
baffled by the group's tactics. Facing South spoke to representatives
of over a dozen groups with decades of experience registering voters in
Kentucky, North Carolina, Virginia, and West Virginia; not one endorsed
the methods used by Women's Voices.
"Operation Chaos," was how
one elections watchdog described their tactics. "They're at 30,000
feet, bombing away with these calls and mailings" and unconcerned about
the consequences on the ground, said another. "I couldn't think of a
worse way to register voters if I tried," said another.
In the 12 states where Women's Voices' tactics have generated controversy, the group has typically responded
by "apologizing for the confusion," chalking it up to "mistakes." In
recent statements, however, Women's Voices seems to acknowledge their
approach is deliberate -- and claims that it won't confuse voters. In an interview at DailyKos,
Women's Voices president Page Gardner compared their approach to "Motor
Voter" registration that happens at state agencies: "We do not believe
this confuses people that are already registered to vote," she said.
Voting
rights advocates don't buy it. "Anonymous robo-calls and confusing
mailings have nothing in common with a guy at DMV offering you a voter
registration form," said a long-time voting rights advocate in North
Carolina.
Indeed, in North Carolina the confusion generated
around the state's critical May 6 primaries was especially baffling
given that the state had a much simpler alternative: one-stop registration and voting, the method advocated by every state voter registration operation Facing South contacted.
Women's Voices says the confusion and controversy is worth it in the end because they get results. A recent statement
claims Women's Voices has registered 600,000 voters since 2004, making
it "among the top two or three voter registration organizations in the
country."
The voting rights advocates Facing South spoke to
doubt whether the use of deceptive and even illegal tactics justify the
ends. But even the voter registration numbers that Women's Voices
points to are in question.
Guy Zeigler, clerk of the Franklin
County Board of Elections in Frankfort, Ky., estimates that about half
of the forms from Women's Voices that are returned to his office come
from people who are already properly registered to vote -- raising
questions about how the nonprofit measures its success.
"They
apparently judge their effectiveness by how many mailing forms are used
by voters, but that's a false positive," said Johnson in Kentucky.
"Time and time again, we've told them there are many duplicates."
Of
the remaining 2008 primaries, Women's Voices has efforts underway in
three of them aside from West Virginia: Kentucky, Oregon, and South
Dakota.
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