In the weeks leading up to the 2008 General Elections, MALDEF filed a lawsuit in Georgia against unconstitutional verification procedures that conflicted with Section 5 of the Voting Rights Act. MALDEF, along with the American Civil Liberties Union Voting Rights Project, Lawyers’ Committee for Civil Rights Under Law and attorney Brian Spears, filed suit in U.S. District Court (N.D. GA.) seeking an order to stop Secretary of State Karen C. Handel from using database matching verification procedures that inaccurately flagged U.S. citizens as non-citizens. The matching system is used for both voter registrants and current registered voters on the rolls. The suit alleged that the flawed matching verification procedures were illegally implemented because Secretary Handel failed to seek approval from the U.S. Department of Justice (DOJ) before starting to use them.
The U.S. District Court Chief Judge Jack Camp, U.S. District Court Judge William S. Duffey, Jr. and U.S. Circuit Court Judge Stanley F. Birch, Jr. issued a Preliminary Injunction requiring the State of Georgia to allow persons whose citizenship has been questioned pursuant to Georgia’s database matching system to cast a ballot in the 2008 General Elections. As well, the Court ordered Secretary Handel to “make diligent and immediate efforts to notify, in a uniform manner, every person whose voter registration presently remains flagged.”
MALDEF’s suit protected thousands of Georgia voters from incorrectly being flagged as ineligible to cast a ballot and continued the fight against flawed and poorly conceived verification procedures that frequently affect minority and ethnic voters.
MALDEF Defends Voters From Intimidation In New Mexico
Judge William P. Johnson denies initial request for TRO; forces defendants to account for their actions
November 04, 2008
ALBUQUERQUE, NM — The Mexican American Legal Defense and Educational Fund (MALDEF), the nation’s leading Latino legal civil rights organization, filed a federal lawsuit on Monday, October 27 to block threats and voter intimidation tactics directed at eligible Latino voters in the days leading up to the November 4, 2008 General Election. Today, U.S. District Court Judge William P. Johnson, who presided over Escobedo v. Rogers, declined MALDEF’s request for a temporary restraining order. However, the defendant, Mr. Romero, testified that in the future, he would refuse to visit the home of the plaintiff, Ms. Escobedo, and along with the other defendant in the case, was forced to account for his intimidating actions under oath in court. Mr. Rogers, the other defendant, also testified that he had no plans to challenge Ms. Escobedo’s vote.
“While Judge Johnson declined to issue the Temporary Restraining Order today, we are honored to represent these Latinas who stood up and made clear they would not put up with any attempt at intimidation or suppression of their right to vote,” stated MALDEF President and General Counsel John Trasviña.
“The defendants now understand that they can't commit acts of voter intimidation without a swift legal response and having to explain their conduct to a judge,” stated MALDEF Southwestern Regional Counsel Nina Perales.
MALDEF has mounted an extensive national voter protection campaign this election against voter intimidation tactics and unconstitutional verification procedures that remove legally registered U.S. citizens from voter rolls. MALDEF has brought two voter protection lawsuits, one in New Mexico and another in Georgia this election season and will continue to monitor for irregularities throughout the election.
MALDEF Files Lawsuit Against Intimidation Campaign Aimed At Latino Voters In New Mexico
October 27, 2008
ALBUQUERQUE, NM — Today, the Mexican American Legal Defense and Educational Fund (MALDEF), filed a federal lawsuit to block threats and intimidation of eligible Latino voters in the days leading up to the November 4, 2008 General Election.
MALDEF represents two Latino voters, who are properly registered and qualified to vote but who have been targeted for a campaign of intimidation, including public accusations of voter fraud as well as harassment by a man claiming to be an investigator who appeared at their homes.
Dora Escobedo, the lead plaintiff in the case, is a newly naturalized U.S. citizen who voted proudly for the first time in the June 2008 federal primary election. Last week, a man came to her house, claimed he was investigating voter fraud, accused her of being a fraudulent voter and threatened to call federal immigration authorities. In addition, Ms. Escobedo’s personal information, including her address, phone number and birth date has been released to the public as evidence that her vote is invalid.
“The campaign of threats and intimidation against Latino voters in Albuquerque violates federal law and will not be tolerated,” stated Nina Perales, MALDEF Southwest Regional Counsel and lead attorney for the plaintiffs. “Racial harassment only serves to strengthen the resolve of our clients and other Latino voters,” continued Perales.
“MALDEF will not permit anyone to take the law into their own hands to keep properly registered Latino citizens from participating in this election,” declared MALDEF President and General Counsel John Trasviña.
MALDEF’s lawsuit is one of two cases filed today to block voter intimidation. The ACLU of New Mexico and Project Vote have also filed a separate lawsuit in state court on behalf of Latino voters who have experienced harassment based on their participating in voting.