Does a 30-year-old consent decree tie the GOP’s hands on vote fraud?

| November 20 2012

At Western Free Press, we avoid, as much as possible, trafficking in rumors and wild speculations. Yet, when we saw the headline “Why the GOP won’t challenge vote fraud,” we had to read it. As we began reading, we started with a measure of skepticism, but as we continued reading . . . well, see for yourself. This really does appear to be well-researched.

Here’s the astounding reason, which is kept from the American people.

PolitiJim writes for Gulag Bound, November 13, 2012, that during the weekly True the Vote webcast, Catherine Engelbrecht related a meeting she had with Reince Priebus, the chairman of the Republican National Committee (RNC), asking what the GOP would do about voter integrity.  The answer?

Nothing.  They aren’t legally able to.

This all goes back to a lawsuit 31 years ago, in 1981. The following is compiled from an account on The Judicial View, a legal website specializing in court decision research and alerts, and from “Democratic National Committee v Republican National Committee,” Case No. 09-4615.

In 1981, during the gubernatorial election in New Jersey (NJ), a lawsuit was brought against the RNC, the NJ Republican State Committee (RSC), and three individuals (John A. Kelly, Ronald Kaufman, and Alex Hurtado), accusing them of violating the Voting Rights Act of 1965 (VRA), 42 U.S.C. §§ 1971, 1973, and the Fourteenth and Fifteenth Amendments to the Constitution of the United States.

[ . . . ]

To settle the lawsuit, in 1982, the RNC and RSC entered into an agreement or Consent Decree, which is national in scope, limiting the RNC’s ability to engage or assist in voter fraud prevention unless the RNC obtains the court’s approval in advance. The following is what the RNC and RSC, in the Consent Decree, agreed they would do:

[I]n the future, in all states and territories of the United States:

(a) comply with all applicable state and federal laws protecting the rights of duly qualified citizens to vote for the candidate(s) of their choice;

(b) in the event that they produce or place any signs which are part of ballot security activities, cause said signs to disclose that they are authorized or sponsored by the party committees and any other committees participating with the party committees;

(c) refrain from giving any directions to or permitting their agents or employees to remove or deface any lawfully printed and placed campaign materials or signs;

(d) refrain from giving any directions to or permitting their employees to campaign within restricted polling areas or to interrogate prospective voters as to their qualifications to vote prior to their entry to a polling place;

(e) refrain from undertaking any ballot security activities in polling places or election districts where the racial or ethnic composition of such districts is a factor in the decision to conduct, or the actual conduct of, such activities there and where a purpose or significant effect of such activities is to deter qualified voters from voting; and the conduct of such activities disproportionately in or directed toward districts that have a substantial proportion of racial or ethnic populations shall be considered relevant evidence of the existence of such a factor and purpose;

(f) refrain from having private personnel deputized as law enforcement personnel in connection with ballot security activities.

The RNC also agreed that the RNC, its agents, servants, and employees would be bound by the Decree, “whether acting directly or indirectly through other party committees.”

As modified in 1987, the Consent Decree defined “ballot security activities” to mean “ballot integrity, ballot security or other efforts to prevent or remedy vote fraud.”

READ THE WHOLE THING

If there is truth to this, it would explain a great deal. Vote fraud is widespread. Though it is not exclusive to the Democrats, they have been the masters of it since Tammany Hall. It has had a resurgence in recent years, especially through the activities of groups like ACORN. The McCain campaign had evidence of fraud in Ohio and Pennsylvania but did nothing. Observers in the conservative movement have long wondered why that, and so many other provable and egregious examples, went unchallenged. Does this give us a partial answer?

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