Department of Justice's Activities to Address Past		 
Election-Related Voting Irregularities (14-SEP-04, GAO-04-1041R).
                                                                 
Election-day problems in Florida and elsewhere in November 2000  
raised concerns about voting systems that included, among other  
things, alleged voting irregularities that may have affected	 
voter access to the polls. The term voting irregularities	 
generally refers to a broad array of complaints relating to	 
voting and/or elections that may involve violations of federal	 
voting rights and/or federal criminal law for which the 	 
Department of Justice (DOJ) has enforcement responsibilities. The
Ranking Minority Members of several Congressional committees	 
requested that we review activities at DOJ to help ensure voter  
access to the polls and actions to address allegations of voting 
irregularities. This report (1) identifies and describes changes 
DOJ has made since November 2000 to help ensure voter access to  
the polls; (2) identifies and describes actions that the Voting  
Section in DOJ's Civil Rights Division has taken to track,	 
address, and assess allegations of election-related voting	 
irregularities received between November 2000 and December 2003; 
and (3) assesses the Voting Section's internal control activities
to help ensure relevant, accurate, and reliable recording and	 
documentation of allegations of voting irregularities to	 
accurately track actions taken in response to allegations and	 
provide accurate and complete information to the public and	 
congressional committees.					 
-------------------------Indexing Terms------------------------- 
REPORTNUM:   GAO-04-1041R					        
    ACCNO:   A12461						        
  TITLE:     Department of Justice's Activities to Address Past       
Election-Related Voting Irregularities				 
     DATE:   09/14/2004 
  SUBJECT:   Civil rights					 
	     Elections						 
	     Federal records management 			 
	     Intergovernmental relations			 
	     Public relations					 
	     Voting records					 
	     Internal controls					 
	     Documentation					 
	     Voting systems					 
	     DOJ Interactive Case Management System		 

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GAO-04-1041R

United States Government Accountability Office Washington, DC 20548

September 14, 2004

The Honorable Joseph I. Lieberman Ranking Minority Member Committee on
Governmental Affairs United States Senate

The Honorable Henry A. Waxman Ranking Minority Member Committee on
Government Reform House of Representatives

The Honorable John Conyers, Jr. Ranking Minority Member Committee on the
Judiciary House of Representatives

Subject: Department of Justice's Activities to Address Past
Election-Related Voting Irregularities

Election-day problems in Florida and elsewhere in November 2000 raised
concerns about voting systems that included, among other things, alleged
voting irregularities that may have affected voter access to the polls.
The term voting irregularities generally refers to a broad array of
complaints relating to voting and/or elections that may involve violations
of federal voting rights and/or federal criminal law for which the
Department of Justice (DOJ) has enforcement responsibilities.

You requested that we review activities at DOJ to help ensure voter access
to the polls and actions to address allegations of voting irregularities.
This report (1) identifies and describes changes DOJ has made since
November 2000 to help ensure voter access to the polls; (2) identifies and
describes actions that the Voting Section in DOJ's Civil Rights Division
has taken to track, address, and assess allegations of election-related1
voting irregularities received between November 2000 and December 2003;
and (3) assesses the Voting Section's internal control2 activities

1Election-related refers to a preliminary investigation, matter, or case
that the Voting Section initiated based on allegations about a specific
election. A matter is an activity that has been assigned an identification
number but has not resulted in a court filing of a complaint, indictment,
or information. A case is an activity that has been assigned the same
identification number that it had as a matter and has resulted in the
court filing of a complaint, indictment, or information.

2Internal controls are integral components of an organization's management
that provide reasonable assurances of objectives that include, among other
things, efficient operations. They comprise the plans, methods, and
procedures used to meet missions, goals, and objectives and, in doing so,
support performance-based management. For additional information on
internal controls, see GAO Internal Control: Standards for Internal
Control in the Federal Government, AIMD-00-21.3.1 (Washington,
D.C.:November 1, 1999).

to help ensure relevant, accurate, and reliable recording and
documentation of allegations of voting irregularities to accurately track
actions taken in response to allegations and provide accurate and complete
information to the public and congressional committees.

We primarily performed our work at DOJ's Civil Rights Division, Voting
Section. We obtained relevant documentation and interviewed responsible
officials regarding DOJ's activities to help ensure voter access to the
polls. To identify and describe changes made since November 2000, we
reviewed documentation on DOJ's efforts to monitor and observe elections,
increase emphasis on enforcement of minority language and overseas voters'
rights, disseminate election-related guidance, and increase its resources
to address voting issues. To identify and describe actions that the Voting
Section took to track, address, and assess allegations of voting
irregularities, we reviewed telephone logs and 34 files with information
on a preliminary investigation, matters, and cases that the Voting Section
considered to be election-related voting irregularities initiated from
November 2000 to December 2003. To assess the Voting Section's internal
controls, we obtained available documentation of policies, procedures, and
techniques the Voting Section has to manage allegations of voting
irregularities and considered them in relation to GAO's internal control
standards. We also interviewed officials and obtained documentation from
DOJ's Criminal Division, Public Integrity Section (PIN), in relation to
the coordination between the Voting Section and PIN to address voter
access to the polls.

On August 31, 2004, we provided your staffs a briefing document on the
results of our work. Enclosure I contains the materials we presented at
that time. Our audit work was performed in Washington, D.C., from May 2003
through August 2004 in accordance with generally accepted government
auditing standards.

Background

The Voting Section in the Civil Rights Division is charged with the
responsibility of enforcing federal voting rights statutes that are
designed to safeguard the right to vote of racial and language minorities;
disabled, elderly, and illiterate persons; and military and overseas
voters, among others. The Voting Section is also charged with the
responsibility of enforcing federal statutes that, among other things,
address issues such as voter registration, provisional voting, and voter
information. Provisional voting permits eligible persons to vote on
election day if their names are not on voter registration lists, with the
understanding that each person's eligibility will be verified after the
election and their votes counted, if eligible. (See enc. I, and attach. I,
for more information on statutes that the Voting Section enforces.)

The Voting Section, among other things, monitors election-day activities
to ensure voting rights are protected and initiates investigations and
opens matters-an activity that has not resulted in a court filing of a
complaint, indictment, or information-to examine allegations of voting
irregularities that fall within the jurisdiction of the Civil Rights
Division. If warranted, a matter may culminate in a case-an activity that
has resulted in the filing of a complaint, indictment, or information with
a federal court.

The Voting Section also may initiate matters to monitor private lawsuits.
Voting Section attorneys are generally responsible for conducting
investigations and prosecuting cases.

The Voting Section also coordinates with PIN to refer allegations the
Voting Section receives that involve violations of criminal statutes
related to voting fraud. For example, in relation to the 2002 federal
election, the Voting Section referred three matters deemed to be potential
violations of criminal laws to PIN, which assumed responsibility for the
investigations. In addition, the Voting Section and PIN have provided
joint training to Assistant U.S. Attorneys, with the Voting Section
presenting information about civil rights statutes that are to protect the
right to vote and PIN presenting information about criminal statutes that
are to prevent election fraud.

Results

Since November 2000, DOJ has implemented changes to help ensure voter
access to the polls. The Voting Section emphasized the importance of its
monitoring of election-day activities and increased its monitoring of
these activities. In 2000, DOJ attorneys and professional staff monitored
elections in 5 counties in 5 states. By 2002, the number of election
jurisdictions monitored by DOJ attorneys and professional staff increased
to 19 counties in 10 states, with monitoring of elections in counties in
Florida accounting for the bulk of the increase. The Voting Section also
(1) placed a greater priority on protecting the voting rights of language
minority voters by helping to ensure that certain covered jurisdictions
provided bilingual voting materials for elections; (2) placed a priority
on enforcing and preparing for compliance with the federal statute to help
ensure voting rights of overseas voters; (3) provided additional training
to Assistant U.S. Attorneys on civil rights statutes to educate them about
voters' rights; and (4) provided guidance to states regarding the
implementation of sections of the Help America Vote Act of 2002 (HAVA)
that DOJ enforces.3 For example, the Voting Section provided guidance to
states by issuing a press release that outlined provisions of HAVA that
took effect on January 1, 2004, such as provisional voting and
identification requirements for new voters who register by mail.

The Attorney General directed the Civil Rights Division to work with civil
rights leaders, state and local election officials, and U.S. Attorney
Offices prior to election day in an effort to help ensure that citizens'
voting rights are protected. The Attorney General also directed the
Criminal Division to work with these same groups in helping to preserve
ballot integrity and prevent election offenses. Almost all of the U.S.
Attorney Offices reported that they had contacted various state or local
officials prior to the November 2002 election. Voting Section officials
reported that the Assistant Attorney General for the Civil Rights Division
and staff from that division met with various civil rights organizations.

3 42 U.S.C. S:S: 15301 to 15545.

According to Voting Section officials, DOJ plans to help ensure voter
access for the upcoming November 2004 election include increasing its
monitoring of elections, coordinating with civil rights organizations, and
establishing procedures for bringing the concerns of civil rights
organizations about specific issues or jurisdictions to DOJ on or before
election day in November 2004. Voting Section officials also said that
final decisions as to where monitoring will be conducted are not made
public until shortly before an election. (See enc. I for more
information.)

The Voting Section has used several means of tracking allegations of
voting irregularities and the Section's actions with regard to those
allegations. First, the Voting Section used telephone logs to track
telephone calls regarding allegations of voting irregularities it received
related to the November 2000 and 2002 elections. According to the Voting
Section, contractors were hired to help handle the unprecedented number of
calls that were received concerning the November 2000 election situation
to help ensure that the public would be able to voice opinions and
concerns. Second, DOJ tracks matters and cases through its Interactive
Case Management (ICM) system-its formal process for tracking and managing
work activities. Prior to opening a matter, the Voting Section may make a
determination that an allegation does not fall within DOJ's jurisdiction
or may initiate a preliminary investigation about an allegation. Third,
the Voting Section tracked monitoring of elections using logs and for some
election-monitoring activities they opened matters; thus, it has not
routinely tracked election-monitoring activities through the ICM system.
(See enc. I for more information.)

Actions that Voting Section attorneys took to address allegations of
voting irregularities initiated from November 2000 to December 2003
included contacting cognizant election officials at the state and local
levels; obtaining data as appropriate; interviewing voters affected by
alleged voting irregularities; meeting with minority groups; and assessing
the merits of the allegations to determine what, if any, further action
was needed. Attorneys in the Voting Section addressed allegations of
voting irregularities by first determining whether the allegations were
related to violations of federal civil rights statutes and then, if
warranted, initiating a preliminary investigation or matter to determine
whether an allegation had merit. If warranted, a matter may culminate in a
case that is filed with a federal court. We reviewed files for 1 closed
preliminary investigation, 25 closed matters, and 8 open and closed cases
that the Voting Section considered election-related. The preliminary
investigation and 13 matters were closed because they lacked merit. The
remaining 12 matters were closed because the state or voting jurisdiction
took action to remedy an issue, a state court issued an order addressing
the issue, the voting jurisdiction implemented changes for future
elections, or Voting Section attorneys provided election officials
feedback following the on-site monitoring of elections. Six cases remain
open pending fulfillment of consent decrees entered into on behalf of DOJ
and the jurisdiction in alleged violation of federal statute, and two
cases were closed because states had taken action in response to consent
decrees. Enclosure I and attachment IV provide detailed information on
actions taken regarding selected matters and cases that the Voting Section
considered as involving election-related voting irregularities initiated
from November 2000 to December 2003.

Regarding internal controls, we found that the Voting Section did not have
a reliable method to consistently record and document telephone calls
received alleging voting irregularities. According to Voting Section
officials, the number of calls received following the November 2000
election far exceeded the number received in past elections. As a result,
the Voting Section used a contractor to assist in handling the telephone
calls. To track some of the telephone calls related to the November 2000
election, Voting Section and contractor staff used telephone logs that had
several broad categories to capture the subject of the allegation, rows
for states from which the calls originated and, for the most part,
tabulated the numbers of calls using tick marks. Voting Section staff also
kept two other types of logs to record some telephone calls, which
included columns to record a caller's name, state, telephone number, and
description of the call. Our analysis of the contractor telephone logs
found, among other things, that these logs did not include a way to record
calls from 4 states-Arkansas, Kansas, Montana, and North Dakota. According
to Voting Section officials, these 4 states were left off the contractor
logs inadvertently, although these officials noted that they were unaware
of any calls received from these states. Our analysis of logs that Voting
Section staff completed found that Voting Section staff recorded having
received calls from some of these states. The Voting Section improved upon
the telephone log for the November 2002 election by having one log that
consistently provided for documenting the caller's name, telephone number,
and action taken. Compared with the telephone log that contractor staff
maintained and one of the three types of logs that Voting Section staff
maintained after the November 2000 election, which had several columns to
broadly categorize the subject of the telephone calls, the November 2002
log included one column to capture the subject of the telephone calls. The
Voting Section plans to take several actions to address voting
irregularities for the November 2004 election, including, among other
things, using a telephone log similar to the one used for the November
2002 election. The Voting Section did not provide written instructions to
contractors for completing the telephone logs related to the 2000
election. However, for the November 2002 federal election, the Voting
Section provided instructions to DOJ staff for how to handle calls from
citizens, the press, members of Congress, and others. In addition to its
method for recording and documenting telephone calls received regarding
voting irregularities, we found that the Voting Section did not routinely
track its electionmonitoring activities through its ICM system. The Voting
Section said that it has plans to assign one identification number to
track these activities in the future. (See enc. I for more information.)

In conclusion, lack of specifics about allegations and actions limits
DOJ's ability to have accurate and clear information to share with the
public or Congress about the types of allegations received and actions
taken. Predictions of another close presidential election in November 2004
combined with possible voter confusion over new requirements in the Help
America Vote Act-such as the implementation of provisional voting in
states that had not previously used provisional voting-and possible
questions regarding voting equipment could result in the Voting Section
again receiving a very large number of telephone calls. This could result
in the need to use contractors to record voter allegations because much of
the Voting Section staff will be monitoring election sites on election
day. It is important that the

information collected be as complete, accurate, and specific as possible
regarding specific allegations. If the Voting Section collects more
precise information about voter allegations, it is in a better position to
assure the public that it has addressed allegations of voting
irregularities. Moreover, if it documents actions taken more precisely, it
is better able to reassure the public and Congress of its commitment to
enforce federal voting rights statutes.

The Voting Section emphasized the importance of its monitoring of
election-day activities, but the monitoring program has not been routinely
tracked in the Voting Section's ICM system. We believe the significance of
this program warrants a more formal tracking of monitoring efforts and
resources dedicated to the program to allow for reliable, relevant, and
timely information for management decision making and for external
reporting purposes.

Recommendations for Executive Action

Confidence in our election processes is of utmost importance. To help
ensure confidence in the integrity of voting processes, the Voting Section
plays an important role in addressing voting irregularities. By accurately
recording and documenting its activities in as clear a manner as possible,
the Voting Section contributes to assuring the public and Congress of the
integrity of our voting processes and that allegations of voting
irregularities have been addressed.

To reassure citizens of the integrity of our election processes and to
reassure the public and Congress of DOJ's commitment to its responsibility
to enforce federal voting rights statutes, we recommend that the Attorney
General direct the Chief of the Voting Section to take the following two
actions

o  	develop and implement procedures for the November 2004 election to
help ensure that the Voting Section has a reliable method of tracking and
documenting allegations of voting irregularities and actions taken to
address them. Procedures could include more precise categories to record
types of allegations and actions taken; development of instructions on
completing the telephone logs; and development and implementation of
training for contractors, should they be needed; and

o  	implement a method to track and report on election-monitoring
activities in the ICM system.

Agency Comments

We provided a draft of this report to DOJ for review and comment. The
draft report sent to DOJ for comment reflected changes made as a result of
DOJ's prior detailed review of attachment IV in enclosure I and changes
DOJ requested in writing following our exit conference with them. In
commenting on the draft, DOJ generally agreed with the report and
recommendations. The Deputy Assistant Attorney General for the Civil
Rights Division accepted both recommendations and said that the

Assistant Attorney General for the Civil Rights Division has directed
their implementation.

In commenting on our recommendation for the Civil Rights Division to track
and report on election-monitoring activities in the ICM system, DOJ noted
that it currently has procedures that effectively track
election-monitoring activities. Our report acknowledges that the Division
had information on election monitoring. However, the Voting Section told
us that they did not routinely track election-monitoring activities in the
ICM system-its formal process for tracking and managing work activities.
Because we had asked for clarification of the confusing and unclear
information previously provided on election monitoring and tracking, the
Civil Rights Division, in a May 25, 2004, written response provided
clarifying information that explained the different databases and data
from logs that were used to capture information on election monitoring. In
this written response, the Civil Rights Division included four charts on
election monitoring that had been recently created, one for each calendar
year from 2000 through 2003 (but not for 2004, as the Division states it
did). In addition, the Civil Rights Division said that it had asked for a
program that would provide the types of reports and data that the Division
is routinely asked to provide regarding the election-monitoring program.
Our recommendation is directed toward improving the Voting Section's
tracking of election-monitoring activities, which the Voting Section has
emphasized as being a very important part of its efforts to help ensure
voter access to the polls. Tracking election-monitoring activities in the
ICM system would ensure that this important component of the Voting
Section's work is incorporated into the Division's formal process for
tracking and managing work activities.

After we provided DOJ with a copy of the draft report that included this
correspondence and its enclosure for review and comment, Civil Rights
Division officials realized they had not provided us with information on
all of the telephone logs used following the November 2000 election. The
Civil Rights Division subsequently provided that additional information,
which showed that Voting Section staff used two additional types of logs
for the November 2000 election. These logs included columns to record
callers' names, telephone numbers, states, and descriptions of the calls.
This new information was incorporated into our report to accurately
reflect the Voting Section's activities to track telephone calls following
the November 2000 election. (See p. 5 in this letter and p. 42 in enc. I.)
According to the Civil Rights Division, the November 2002 log, which it
proposes as the basis for documenting telephone calls related to the
upcoming November 2004 elections, was the only one used by Voting Section
staff for the November 2002 election.

DOJ noted that the draft report discussion of the Civil Rights Division's
use of telephone logs focused almost exclusively on the logs maintained by
contractors, that the draft report failed to note that these logs were
only a small portion of all the records of telephone calls received by the
Division, and that any shortcomings in these logs were extremely unlikely
to have changed the course of subsequent investigations. As we note in our
report, it was difficult to obtain precise information on the number of
calls or the specific nature of alleged irregularities from the

telephone logs on the November 2000 election. The information that the
Voting Section collected on its telephone logs was not precise enough to
support the Division's statements that upwards of 95 percent of the calls
received regarding the November 2000 election reflected citizen
frustration or anger over the election, that the vast majority of the
calls that contractors received came from New York and California, or that
the vast majority of the calls from those two states expressed frustration
over the situation in Florida. Moreover, it is important to note that our
recommendation with regard to recording complaints about voting
irregularities for the November 2004 election is based on the limitations
of the log used in November 2002 and the lack of a clear plan for
accurately recording a potentially large volume of complaints that may
arise from the November 2004 election. For example, November 2004 will be
the first national election in which all states will be implementing
HAVA's new voter identification and provisional voting requirements with
which many voters may be unfamiliar.

In its comments, DOJ said that the Civil Rights Division invited us to
meet with Voting Section staff who worked during the time of the November
2000 election and that we declined this invitation. We did not receive an
invitation from officials in the Civil Rights Division, who arranged our
meetings with Voting Section staff, to meet to discuss the November 2000
election logs. Throughout this review, we requested meetings with Voting
Section and Civil Rights Division officials. It is always our preference,
as part of our work, to meet with agency officials to discuss issues and
questions we may have about agency processes, procedures, and
documentation. However, Civil Rights Division officials preferred that we
provide questions in writing and to respond to those questions in writing.
The Civil Rights Division sometimes took weeks to respond in writing,
which contributed significantly to the length of time it took us to
complete our review. Had Civil Rights Division officials been more willing
to meet with us to explain the Voting Section's processes and discuss the
documentation provided to us, rather than rely on written questions and
responses, the time required for this review could have been significantly
reduced.

DOJ's written comments are in attachment V. DOJ also provided technical
comments from the Criminal Division's Public Integrity Section and from
the Civil Rights Division, which we incorporated as appropriate. The Civil
Rights Division provided additional information on cases initiated for
calendar years 2002, 2003, and 2004. The 2002 and 2003 cases involved
enforcement under Sections 2 and 208 of the Voting Rights Act and were not
clearly identifiable in the ICM system as also involving language minority
issues under Section 203 of the Voting Rights Act. The Civil Rights
Division subsequently identified these cases as including enforcement of
language minority violations, and we have included them in our report.
Information on cases initiated in calendar year 2004 had not been included
because our review covered complete calendar years, but we have added
information on cases initiated in 2004 as of August 2004 as a courtesy to
the Division.

                              ___ ___ ___ ___ ____

As agreed with your offices, unless you publicly release its contents
earlier, we plan no further distribution of this report until 30 days from
its issue date. At that time, we

will send copies of this report to the Attorney General, Department of
Justice;
Chairman, Senate Committee on Governmental Affairs; Chairman, House
Committee
on Government Reform; Chairman, House Committee on the Judiciary; Chairman
and
Ranking Minority Member, House Committee on House Administration; and
Chairman and Ranking Minority Member, Senate Committee on Rules and
Administration. Copies of this report will be made available to other
interested
parties upon request. This report will also be available on GAO's Web site
at
http://www.gao.gov. If you have any questions, please contact me at (202)
512-8777 or
by e-mail at [email protected] or Linda Watson, Assistant Director, at
(202)
512-8685 or by e-mail at [email protected]. Key contributors to this report
were
Katherine Davis, Gina Flacco, Evan Gilman, Geoffrey Hamilton, Mary Martin,
Maria Santos, and Daniele Schiffman.

William O. Jenkins, Jr.
Director, Homeland Security and Justice Issues

Enclosures

Enclosure I

                                  Enclosure I

                         DOJ Activities to Address Past
                     Election-Related Voting Irregularities

                       Results of work completed for the
                         Ranking Minority Member of the
                     House Committee on Government Reform,
                         Ranking Minority Member of the
                     House Committee on the Judiciary, and
                             Ranking Member of the
                    Senate Committee on Governmental Affairs

                                August 31, 2004

                                  Enclosure I

                                    Contents

o  Objectives

o  Results in Brief

o  Scope and Methodology

o  Background

o  Changes to Ensure Voter Access

o  Actions to Track, Address, and Assess Allegations

o  Assessment of Internal Controls

o  Conclusions

o  Recommendations

o  Attachment I-Federal Voting Rights Statutes

o  Attachment II-Role of the Criminal Division's Public Integrity Section

o  Attachment III-Election Jurisdictions Monitored during 2000-2003

o 	Attachment IV-Election-Related Preliminary Investigation, Matters, and
Cases Initiated from November 2000 to December 2003

o  Attachment V-Agency Comments

Enclosure I

This briefing addresses the following objectives:

1.	Identify and describe any changes the Department of Justice (DOJ) has
made since November 2000 to help ensure voter access to the polls.

2.	Identify and describe any actions that the Voting Section in DOJ's
Civil Rights Division has taken to track (monitoring work initiated and
actions taken), address, and assess allegations of electionrelated voting
irregularities received between November 2000 and December 2003.

o 	Election-related refers to a preliminary investigation, matter, or case
that the Voting Section initiated pursuant to an allegation about a
specific election.

                                  Enclosure I

o 	A preliminary investigation is an investigation into an allegation that
has not been assigned an identification number. A matter is an activity
that has been assigned an identification number but has not resulted in a
court filing of a complaint, indictment, or information. A case is an
activity that has been assigned the same identification number that it had
as a matter and has resulted in the court filing of a complaint,
indictment, or information.

o 	Voting irregularities, for purposes of this review, generally refer to
a broad array of complaints relating to voting and/or elections that may
involve violations of federal voting rights and/or federal criminal law
for which DOJ has enforcement responsibilities.

3. 	Assess the Voting Section's internal control activities to help ensure
relevant, accurate, and reliable recording and documentation of
allegations of voting irregularities for management decision-making and
external reporting purposes.

o 	Internal controls are integral components of an organization's
management that provide reasonable assurance of objectives that include,
among other things, efficient operations. They comprise the plans,
methods, and procedures used to meet missions, goals, and objectives and,
in doing so, support performance-based management.

                                  Enclosure I

1.	Since November 2000, DOJ has increased its monitoring of election
activities on election day, provided additional training to Assistant U.S.
Attorneys on civil rights laws, placed a greater priority on protecting
the voting rights of language minorities and overseas voters, and provided
guidance to states regarding implementation of the Help America Vote Act
(HAVA).

2.	The Civil Rights Division tracks matters and cases through a case
management system. Telephone calls related to the 2000 and 2002 federal
elections were tracked using telephone logs. The Voting Section addressed
allegations of voting irregularities by contacting cognizant officials,
obtaining data if deemed appropriate, and assessing the merits of the
allegation to determine what, if any, further action was needed.

3.	The Voting Section tracked the unprecedented volume of telephone calls
related to the November 2000 election by using logs. Some logs had several
broad categories to capture the subject of the calls and rows for states
from which the calls originated, while other logs contained callers'
names, contact information, and description of the calls. The Voting
Section improved upon the telephone log for the November 2002 election by
including categories to capture the action taken on each call and to
record the caller's name, telephone number, and subject of the call. The
Voting Section tracked some monitoring of elections by assigning matter
identification numbers.

Enclosure I

                             Scope and Methodology

Enclosure I

                                     Scope

To address our objectives, we performed work at DOJ's:

o  Civil Rights Division's Voting Section,

o  Criminal Division's Public Integrity Section (PIN),

o  Federal Bureau of Investigation's (FBI) Public Corruption Unit, and

o  Executive Office for U.S. Attorneys (EOUSA).

Enclosure I

Methodology Objective 1

To identify changes in DOJ's efforts to help ensure voter access to the
polls, we

o  gathered documentation on DOJ's efforts to

o  monitor and observe elections,

o 	increase emphasis on enforcement of minority language and overseas
voters' rights,

o  disseminate election-related guidance, and

o  increase its resources to address voting issues, and

o 	interviewed responsible officials primarily in DOJ's Voting Section and
PIN.

Enclosure I

Methodology Objective 2

To identify DOJ's actions to track, address, and assess allegations of
voting irregularities, we

o 	interviewed officials in the Voting Section about procedures for
tracking, addressing, and assessing allegations of voting irregularities;

o 	analyzed information on the approximately 11,000 reported telephone
calls made to the Voting Section about the November 2000 election; and

o 	reviewed all files that the Voting Section identified as those it
considered to be election-related voting irregularities that were
initiated from November 2000 to December 2003. This included 1 closed
preliminary investigation, 25 closed matters, and 8 closed and open cases.
The Voting Section tracks its matters and cases based on statutes it
enforces and not on whether an allegation relates to a specific election.
Consequently, the Voting Section had to identify for us the preliminary
investigation, matters, and cases that it considered to be
election-related voting irregularities.

Enclosure I

                                   Background

                                 Voting Section

Enclosure I

                                   Background

Voting Section responsibilities include:

o 	enforcing the Voting Rights Act, which is designed to safeguard the
right to vote of racial and language minorities and illiterate persons,
among other provisions;

o 	enforcing federal statutes designed to safeguard the right to vote of
disabled, elderly, military, and overseas voters; and

o 	enforcing provisions of the National Voter Registration Act, and the
Help America Vote Act (HAVA) which address issues such as voter
registration, provisional voting, and voter information.

Attachment I provides more information on statutes that the Voting Section
enforces.

Enclosure I

                                   Background

The Voting Section, among other things, monitors election-day activities
to ensure voting rights are protected and initiates investigations and
opens matters to examine allegations of voting irregularities that fall
within the jurisdiction of the Civil Rights Division. If warranted, a
matter may culminate in a case that is filed with a federal court.

Voting Section attorneys are generally responsible for conducting

investigations and prosecuting civil cases. The Voting Section also may
initiate matters to monitor private lawsuits.

The Voting Section coordinates with the Criminal Division's Public
Integrity Section (PIN) to help ensure voters' rights are protected, such
as referring three allegations to PIN about possible election crimes
related to the 2002 election. (See attach. II for more information about
PIN's election-related responsibilities.)

Enclosure I

                                   Background

The following table provides information on all matters and cases
initiated by the Voting Section in calendar years 2000 through 2003.

     Year initiated              Matters          Cases          Total     
              2000                  70              18            88       
              2001                  53              6             59       
              2002                 127              18            145      
              2003                  99              4             103      
              Total                349              46            395      

Source: GAO analysis of data from DOJ's Civil Rights Division's Voting
Section.

According to Voting Section officials, the number of matters was higher in
2002 because the Voting Section initiated new matters for each of the over
80 newly covered jurisdictions required by the Voting Rights Act to
provide bilingual election materials and assistance to language minority
citizens. Following the 2000 Census, DOJ, in conjunction with the U.S.
Census Bureau, identified these 80 jurisdictions. The Voting Rights Act
requires jurisdictions to provide language minority assistance when
certain criteria are met, such as when more than 5 percent of the citizens
of voting age, or more than 10,000 of the citizens of voting age, are
members of a single language minority group, and are unable to speak or
understand English adequately enough to participate in the electoral
process.

Enclosure I

                                   Background

As shown in the following table, the Voting Section's positions for
attorneys (authorized and on-board) increased since the beginning of
fiscal year 2000.

        Time period        Authorized attorney positions  Attorneys on-board  
       Start FY 2000                    34                        31          
        End FY 2000                     36                        35          
        End FY 2001                     47                        40          
        End FY 2002                     47                        42          
        End FY 2003                     41                        38          
    As of April 16, 2004                41                        39          

Source: DOJ's Civil Rights Division's Voting Section.

The number of authorized and on-board attorneys declined at the end of
fiscal year 2003 because the number of submissions to the Voting Section
for redistricting changes following the 2000 Census began to decline that
year, according to Voting Section officials. Every 10 years, after the
federal census, states redraw their legislative election districts to make
these districts equal in population. The process of drawing new election
district boundaries is called redistricting.

Enclosure I

                      Changes to Help Ensure Voter Access

Enclosure I

Since November 2000, DOJ focused on ensuring voter access to the polls by

o  placing more emphasis on its election-monitoring program,

o 	providing additional training for certain Assistant U.S. Attorneys who
handle election-related issues that included placing more emphasis on
handling civil rights issues,

o 	directing U.S. Attorney Offices to contact election and other officials
at the state and local level to offer assistance prior to election day,

o 	placing greater priority on enforcing the voting rights of language
minorities and overseas voters, and

o  providing guidance to states regarding HAVA implementation.

Enclosure I

In March 2001, the Attorney General announced that DOJ was placing more
emphasis on its election-monitoring program. The Attorney General is
authorized by law to notify the Office of Personnel Management (OPM) of
the need to assign federal observers to monitor polling place activities
on election day in counties that the Attorney General has certified under
the Voting Rights Act and in counties authorized by federal court orders.
The Attorney General delegates the authority with respect to federal
observers to the Voting Section. The Voting Section's decision to request
federal observers is based on past experience or investigations that
indicated observers may be needed to protect voting rights. (See attach. I
for information on the law authorizing federal observers.)

In addition to OPM federal observers, the Voting Section assigns DOJ
attorneys and professional staff to monitor election day activities in
local jurisdictions throughout the United States, whether or not the
locations have been certified under the Voting Rights Act. This additional
monitoring is part of the Voting Section's investigations of possible
voting rights violations. Unlike OPM observers, DOJ attorneys and
professional staff do not have specific statutory right of access to
polling places and must get authority from the appropriate state and/or
local officials for them to enter polling places.

Enclosure I

DOJ attorneys and professional staff are assigned to these jurisdictions
when there may be insufficient time to arrange for federal observers in
covered jurisdictions, or when the results of Voting Section staff's
preelection investigations indicate the need for some limited federal
presence.

The Attorney General directed the Voting Section to increase resources
devoted to the election-monitoring program through the use of OPM federal
observers and DOJ attorneys and professional staff.

The level of resources used and number of elections monitored were greater
in federal election years (even-numbered years) than other years, as shown
in the next figure.

Enclosure I

The number of OPM federal observers and DOJ attorneys and professional
staff were greater in the 2002 elections than in the 2000 elections.
Similarly, more elections were monitored in 2002 than in 2000.

Note: DOJ monitors are attorneys and professional staff.

Enclosure I

OPM federal observers are always accompanied by DOJ attorneys and
professional staff when monitoring elections and were present for
elections held during calendar years 2000 through 2003 in Attorney
General-certified and court-ordered counties and jurisdictions in several
states. In a few instances, DOJ attorneys and professional staff
independently monitored elections in these Attorney General-certified and
court-ordered counties and jurisdictions.

DOJ attorneys and professional staff also independently monitored
elections in counties and jurisdictions that were not Attorney
General-certified or under court order during this 4-year period. In 2000,
DOJ attorneys and professional staff monitored elections in 5 counties in
5 states. By 2002, the number of election jurisdictions monitored by DOJ
attorneys and professional staff increased to 19 counties in 10 states,
with monitoring of elections in counties in Florida accounting for the
bulk of the increase.

According to the Voting Section, election monitoring is a high-priority
program of DOJ and a very important part of the Section's efforts to
address voting irregularities.

See attachment III for more information on election monitoring in Attorney
Generalcertified and court-ordered election jurisdictions and election
jurisdictions that DOJ monitored independently.

Enclosure I

Officials in the Voting Section and PIN said that Assistant U.S. Attorneys
can attend annual public corruption conferences, where they receive (1)
training on handling election crime investigations and prosecutions and
(2) periodic updates to DOJ's manual on prosecuting election crimes.
Starting in October 2002, additional annual training, referred to as the
Ballot Access and Voting Integrity Conference, was provided to Assistant
U.S. Attorneys who, in coordination with DOJ headquarters, handle
election-related matters for the 93 U.S. Attorneys.

The Ballot Access and Voting Integrity Conference training, according to
Civil Rights Division officials, included civil rights issues that had not
been covered in the training offered to Assistant U.S. Attorneys prior to
October 2002 and was designed to provide them a better understanding of
what the Voting Section does to enforce federal voting rights statutes.
Also, according to the Civil Rights Division, the presentations that the
Voting Section made at this annual training conference placed special
emphasis on the election-monitoring program and solicited the Assistant
U.S. Attorneys' involvement in helping to enforce federal voting rights
laws, ballot access, and the election-monitoring program. According to
PIN, this training, which was mandatory for the Assistant U.S. Attorneys
designated as district election officers, also covers voting integrity
issues important to election crime matters.

Enclosure I

The Ballot Access and Voting Integrity Conference training was provided to
Assistant U.S. Attorneys in October 2002, September 2003, and July 2004.

The training materials for 2002 included topics related to federal voter
registration and election-day statutes that the Voting Section enforces,
which include the Voting Rights Act, National Voter Registration Act, and
the Uniformed and Overseas Citizens Absentee Voting Act, and topics
related to handling election crime investigations, trials, and the
statutes and theories used to address election crimes.

The 2003 training materials included, in addition to the same topics
covered in 2002, information on HAVA and election monitoring by federal
observers. According to PIN and the Voting Section, the content of the
2004 training was similar to that provided in previous years.

Enclosure I

Changes to Help Ensure Voter Access Contacts with State and Local Election
Officials

In October 2002, the Attorney General directed each U.S. Attorney to
coordinate with state and local election and law enforcement officials
prior to the November 2002 elections to, in part, explore ways that they
could work more closely together to deter and detect discrimination and to
deter and prosecute election crimes.

According to PIN officials, the Attorney General's October 2002 directive
(1) formalized an ad-hoc practice that had existed in DOJ for many years
of coordinating elections and election-related matters with state
officials and (2) led to a systematic effort to coordinate election issues
and matters with these officials.

Enclosure I

Changes to Help Ensure Voter Access Contacts with State and Local Election
Officials

Prior to the November 2002 federal elections, almost all of the U.S.
Attorney Offices reported to PIN that they had contacted various state or
local officials either by telephone, in writing, or in person.

The state and local officials contacted varied by each U.S. Attorney
Office. For example, according to PIN,

o 	the three U.S. Attorneys in the state of Florida reported having met
with the Florida Secretary of State and

o 	the U.S. Attorney for the Southern District of California reported
having met with the San Diego County Registrar of Voters, Election
Administrator, and Deputy District Attorney, and the Imperial County
Registrar of Voters and District Attorney.

Enclosure I

The Attorney General directed the Civil Rights Division was to work with
civil rights leaders, state and local election officials, and U.S.
Attorney Offices prior to election day in an effort to help ensure that
citizens' voting rights are protected. The Attorney General also directed
the Criminal Division to work with these same groups in helping to
preserve ballot integrity and prevent election offenses.

According to the Voting Section, the Assistant Attorney General for the
Civil Rights Division has met with representatives of civil rights
organizations to discuss the Voting Section's election-monitoring program
and its plans for monitoring the November 2004 election and has made other
presentations concerning voting rights issues at many of these
organizations' meetings and conferences. The Voting Section also said that
as this election approaches, it plans to ask civil rights organizations
what election jurisdictions they believe the Voting Section should
consider monitoring.

The Voting Section also said that since October 2002, staff from the Civil
Rights Division have made presentations to, met with, or received
presentations from various civil rights and other organizations, such as
the NAACP, Lawyers' Committee for Civil Rights Under Law, League of United
Latin American Citizens, Leadership Conference on Civil Rights, AARP,
National Association of Secretaries of State, and National Association of
State Election Directors.

Enclosure I

In 2002, the Civil Rights Division made enforcement of voting rights laws
that address access to voting for language minority groups one of the
Voting Section's highest priorities. DOJ reported in a civil rights
accomplishments fact sheet that the Civil Rights Division conducted an
outreach campaign with state and local election officials and local
language minority groups to help ensure access to bilingual voting
materials for language minority groups. This was begun in July 2002
following the certification of covered jurisdictions based on the results
of the 2000 census.

o 	The fact sheet states that the outreach included a July 2002 letter
from the then-Assistant Attorney General for the Civil Rights Division to
each of the 296 political jurisdictions covered by Section 203 of the
Voting Rights Act notifying them of their bilingual access obligations in
the upcoming and future elections. According to the Civil Rights Division,
attorneys from the Division visited many of the 296 counties covered by
Section 203.

o 	In addition, the fact sheet reported that Civil Rights Division
attorneys conducted in-person meetings with state and local election
officials and local language minority groups in almost all of the more
than 80 newly covered jurisdictions.

Enclosure I

We analyzed data as of March 15, 2004, on matters and cases related to
Section 203 language minority issues recorded in DOJ's Interactive Case
Management (ICM) system, which is used to track and manage these data. We
found that the Voting Section initiated 7 matters and no cases in 2000, 13
matters and 2 cases in 2001, 94 matters and 1 case in 2002, and 28 matters
and no cases in 2003. According to the Civil Rights Division, the Division
also initiated the following cases: (1) two language assistance cases in
2002 under Section 2 and Section 208 of the Voting Rights Act; (2) two
cases in 2003 under Section 2, Section 203, and Section 208 of the Voting
Rights Act; and (3) five cases in 2004 under Section 203 of the Voting
Rights Act. Sections 2, 203, and 208 of the Voting Rights Act are
described in attachment I.

Enclosure I

Given the large number of troops deployed overseas and an increase in
concerns about late mailing of absentee ballots, Voting Section officials
said that the Voting Section placed increased priority in 2004 on
enforcing and preparing to ensure compliance with the Uniformed and
Overseas Citizens Absentee Voting Act (UOCAVA), which only applies to
federal elections. These officials cited the following enforcement and
preparation activities during 2004.

o 	Obtained a court order in April for emergency relief to remedy an
UOCAVA violation committed during the Pennsylvania primary election.

o 	Negotiated with the state of Alabama in May to obtain a similar
emergency relief order from a state court for a county's failure to
provide enough time for the mailing to and return of ballots from overseas
voters for its primary election.

o 	Obtained a court order in an UOCAVA lawsuit in July against the state
of Georgia for similar emergency relief for its primary election.

o 	Established a working group of Voting Section attorneys to facilitate
communications with the Department of Defense's Federal Voting Assistance
Program, which is charged with administering UOCAVA, and to plan for the
possibility of more UOCAVA litigation during 2004.

Our analysis of matters and cases in DOJ's ICM system as of March 15,
2004, showed that the Voting Section initiated 3 matters and 2 cases
during calendar years 2000 through 2003 involving the issue of absentee
voting by uniformed and overseas citizens. All 5 of the matters and cases
were initiated in 2002.

Enclosure I

In October 2002, HAVA established the Election Assistance Commission to,
in part, serve as a national clearinghouse and resource to compile
information and review procedures related to federal election
administration and provide guidance on implementing certain HAVA
requirements. Because the Election Assistance Commission was not
established until December 2003, the Voting Section provided informal,
nonbinding guidance to states on implementing the requirements of HAVA.

The Voting Section's guidance to states on HAVA's requirements included

o 	interpreting requirements of the law and advising states on how to
comply with them based on DOJ's enforcement role under HAVA;

o  responding to inquiries from state and local officials;

o  making presentations at various meetings and conferences;

o 	writing letters to the chief state election official, governor, and
attorney general in each of the 50 states, the District of Columbia, and
the U.S. territories offering toassist the jurisdictions in their efforts
to ensure compliance with HAVA and summarizing HAVA provisions;

o  creating a HAVA information page on its Web site; and

o 	issuing a press release that outlined provisions of HAVA that took
effect on January 1, 2004, such as provisional voting and identification
requirements for new voters who register by mail.

According to the Civil Rights Division, the Voting Section also filed its
first enforcement action in California in 2004 against a county for
violating the voter information provisions of HAVA.

Enclosure I

According to Voting Section officials, DOJ's plans for helping to ensure
voter access for the November 2004 election include

o 	increasing its on-site monitoring of elections considerably over prior
years through greater use of staff from other sections in the Civil Rights
Division. Voting Section officials also said that final decisions as to
where monitoring will be conducted are not made public until shortly
before an election, but they told us that the Voting Section has prepared
a list of jurisdictions for consideration based on consent decrees and
will update the list with other jurisdictions being considered for
coverage as the election approaches. According to these officials, the
Voting Section has not established a specific goal for achieving an
increase in staff or elections to be covered, and

o 	coordinating with civil rights organizations that will be monitoring
the election and establishing procedures for bringing their concerns about
specific issues or jurisdictions to DOJ on or before election day in
November 2004.

Enclosure I

               Actions to Track, Address, and Assess Allegations

Enclosure I

Actions to Track, Address, and Assess Allegations

In our review, we found that the Civil Rights Division had formal
procedures to track matters and cases to address voting irregularities.
Specifically, the Voting Section tracks investigative matters and cases
through the Division's ICM system using unique identification numbers. In
addition, the Voting Section tracked telephone calls alleging voting
irregularities for the November 2000 and November 2002 elections using
telephone logs.

Voting Section attorneys addressed and assessed allegations of
election-related voting irregularities initiated from November 2000 to
December 2003 in various ways, depending on the allegation. Our review of
files related to 1 preliminary close investigation, 25 closed matters, and
8 open and closed cases generally found that attorneys contacted cognizant
officials and assessed the legal merits of evidence of alleged violations
of civil rights laws.

In our review of files, we found that Voting Section attorneys generally
addressed allegations of voting irregularities initiated from November
2000 to December 2003 through a preliminary investigation or investigative
matters and took actions such as interviewing election officials at state
and local levels, interviewing voters affected by alleged voting
irregularities, and meeting with civil rights groups.

Our review of Voting Section files also found that Voting Section
attorneys, in conjunction with supervisory attorneys, assessed information
collected and determined whether (1) federal voting rights laws were
violated; (2) an investigation should be closed; or (3) further action was
needed by the Voting Section, such as filing a complaint with a federal
court or continued monitoring.

Enclosure I

The ICM is a database system that the Voting Section uses to track and
manage matter and case data for the Section and can be used to generate
reports.

Each matter and case is assigned a DJ number, which is an unique
identification number. Information on matters and cases can be searched by
the identification numbers, statutes, and other information maintained in
the system.

The system is set up to automatically enter certain data and has required
fields for which data must be entered. Voting Section staff can enter
other data into the system, as appropriate.

Enclosure I

Officials told us that the Voting Section

o  receives numerous citizen calls, comments, and questions daily;

o 	receives telephone calls, e-mails, faxes, letters, and packages. Most
of the calls and written allegations from citizens do not concern issues
within the jurisdiction of the Civil Rights Division and, in such
instances, the caller is often notified of this determination over the
telephone and referred to other state or federal agencies with possible
jurisdiction;

o 	documented telephone calls received at the Section's toll free
telephone number using telephone logs for the 2000 and 2002 elections;

o 	found that only a small percentage of allegations that it received
following the November 2000 election fell within its jurisdiction or
presented substantive issues that merited further review. Notations on
logs documenting telephone calls related to the November 2000 election
indicated that some of the calls- we were unable to quantifythe number of
calls because of the way calls were recorded- were related to
dissatisfaction with the outcome of the election or other issues such as
general complaints about the election process that contained no specific
allegations of violations of federal laws;

o 	in addition to following up with people who called the Voting Section
after the November 2000 election, Voting Section staff pursued other
avenues of complaints, such as complaint logs generated by the NAACP Voter
Fund, hearings conducted bythe U.S. Commission on Civil Rights and the
NAACP, and incidents receiving a large amount of publicity, to determine
if federal laws had been violated; and

o 	expects attorneys to find new matters for investigation in addition to
assignments made by Section management.

Enclosure I

Voting Section officials told us that on election day

o 	in addition to calls received by the Section at its toll-free number,
an OPM federal examiner maintains a toll-free telephone number to receive
calls. An examiner is a federal employee assigned by OPM to receive
complaints of racial or minority language discriminatory voting practices.
(See attach. I for the statute related to federal examiners.) Any
allegations taken by the examiner that are deemed to require immediate
attention are routed to the Civil Rights Division when received, while
other allegations are transmitted after the election and reviewed to
determine if further action is needed. According to the Chief of the
Voting Section, they received few, if any, allegations from examiners in
relation to the November 2000 election, and

o 	a small number of Civil Rights Division staff remain available at the
Voting Section on major election days to take citizen calls, with the vast
majority of Section staff at various locations around the country for
monitoring purposes. Major problems that arise from these calls are routed
to attorney supervisors to determine what actions are needed.

Our review of files included five matters that were initiated to monitor
elections. According to Voting Section officials, this activity is not
routinely tracked through the ICM, but they plan to designate a single
identification number to track this activity.

Enclosure I

The following presents information on the Voting Section's process for
addressing allegations related to voting irregularities.

o 	If the Voting Section deems that a voting allegation falls within its
jurisdiction and appears to have merit, an attorney is assigned to make
inquiries about the allegation. The attorney performs some investigative
work to determine whether the allegation should be pursued.

o 	If an attorney believes a matter should be investigated, the
attorneydiscusses this with the Deputy Chief responsible for the state in
which the matter rises. The Section Chief and Deputies decide whether or
not to formally open a matter. The Voting Section assigns a number to the
matter for tracking purposes.

o 	When Voting Section staff monitor elections and receive allegations of
or information about voting irregularities while on site, they make
efforts to resolve allegations by contacting local election officials
immediately. Further investigation of such irregularities is conducted
after an election if the allegation was not resolved on election day or if
it is deemed otherwise necessary to prevent such problems from arising in
the future.

Enclosure I

Our file review found that the Voting Section generally took the following
actions during its investigations initiated from November 2000 to December
2003:

o 	Interviewed state and county election officials, other state and county
officials who may provide insight into the investigation, state Attorneys
General, voters raising the allegations, and representatives from the
NAACP and other minority groups.

o  Requested documentation detailing certain election procedures.

o 	Facilitated the resolution of allegations and issues that arose
duringelections, when monitoring elections. If Voting Section staff
monitoring elections received allegations about voting irregularities,
they immediately took steps to resolve the allegations by contactinglocal
election officials.

o 	Where deemed appropriate, filed enforcement actions in federal court
against jurisdictions that allegedly violated federal voting rightslaws by
either obtaining judgments against them or entering into consent decrees
with jurisdictions that agree to remedy their alleged violations of
federal voting statutes.

Enclosure I

Following the investigation of a preliminary investigation or matter, a
Voting Section attorney, in conjunction with a supervisor, determines
whether the allegation has merit, whether the preliminary investigation or
matter should be pursued further, or whether the preliminary investigation
or matter should be closed. The determination to close a matter or pursue
it as a case is a legal judgment and is often based on whether there is
deemed to be a sufficient evidence of violations of voting rights laws and
whether the state or local election officials have taken action to correct
problems.

The Voting Section identified a total of 34 closed investigations and open
and closed cases initiated between November 2000 and December 2003 that it
considered to involve election-related voting irregularities: 1 closed
preliminary investigation, 25 closed matters, and 8 open and closed cases.

The preliminary investigation was closed because the Voting Section
concluded that the allegation lacked merit.

Enclosure I

For the 25 closed matters:

o  13 were closed because the Voting Section concluded that the
allegations lacked merit;

o 	5 were closed because the state or voting jurisdictions took actions to
resolve the issues (e.g., one state passed an election law, and the Voting
Section approved changes to election procedures that one city had
proposed);

o 	4 were closed following the completion of elections, and the Voting
Section provided feedback or observations related to election procedures
while monitoring elections;

o  2 were closed because voting jurisdictions implemented changes for
future elections; and

o  1 was closed because a state court issued an order addressing the
issue.

For the 8 cases:

o 	6 are open pending fulfillment of consent decrees entered into on
behalf of DOJ and the jurisdiction in alleged violation of statute, and

o 	2 are closed because consent decrees entered into on behalf of DOJ and
the jurisdictions in alleged violation of statutes required states to take
corrective actions and states did so by passing legislation, among other
actions.

Attachment IV provides detailed information on the results of our file
review of the 34 closed preliminary investigation and matters and open and
closed cases initiated from November 2000 to December 2003 that the Voting
Section considered as involving election-related voting irregularities.

Enclosure I

                        Assessment of Internal Controls

Enclosure I

                        Assessment of Internal Controls

In our review, we found that

o 	the Voting Section tracked telephone calls related to the November 2000
election by using telephone logs. Some logs had several broad categories
to capture the subject of the calls, rows for states from which the calls
originated and, for the most part, tabulated the numbers of calls using
tick marks. Other logs that the Voting Section used contained information
such as callers' names, telephone numbers, and descriptions of the calls.
The Voting Section improved upon the telephone log for the November 2002
election by including columns to record the action taken on each call in
addition to recording the caller's name and telephone number, but has one
column to capture the subject of the call, and

o 	as mentioned previously, the Voting Section tracked some monitoring of
elections by opening matters and assigning each matter an identification

number. According to Voting Section officials, it has not routinely
tracked election-monitoring activities through the case management

system but is considering assigning one identification number to track
election-monitoring activities.

Enclosure I

Assessment of Internal Controls November 2000 Election Telephone Logs

The Voting Section received an unprecedented volume of telephone calls in
November and December 2000 related to the unusual events surrounding the
November 2000 presidential election.

o 	The Voting Section reported to the Senate Committee on the Judiciary
that it received approximately 11,000 calls related to the November 2000
election. In comparison, the Voting Section told us it received several
hundred calls related to the November 2002 election. The Voting Section
told us it does not have records of telephone calls related to other
elections except to the extent that such telephone calls generated
investigations that became matters or cases.

o 	According to the Voting Section, contractors were hired in November
2000 to help handle the unprecedented number of incoming telephone calls
received concerning the November 2000 election to help ensure that the
public would be able to voice opinions and concerns. Hiring contractors
was not intended as a mechanism to gather specific allegations.

o 	Voting Section staff and contractors kept telephone logs that consisted
of tables with columns identifying broad categories of allegations or
comments and rows with the state from which a call originated. Voting
Section staff also kept two other types of logs, which included the
caller's name, state, telephone number, and description of the call. Calls
were recorded on most logs as tick marks, while some logs included limited
narrative on the nature of the call.

Enclosure I

Assessment of Internal Controls November 2000 Election Telephone Logs

Our analysis of the telephone call logs completed by contractors found the
following:

o 	It was difficult to count how many calls were received because, for
example, one caller could have made multiple complaints and some logs
appeared to be duplicates.

o 	The call logs did not include a way to record calls from 4
states-Arkansas, Kansas, Montana, and North Dakota. According to Voting
Section officials, these 4 states were left off the contractor logs
inadvertently, although these officials noted that they were unaware of
any calls received from these states. Our analysis found that Voting
Section staff recorded having received calls from some of these states.

o 	Columns that were used to record callers were labeled voter fraud,
irregularities, request investigation, re-vote, and general comments. In
some of the logs, the columns were re-labeled manually to tally additional
types of comments. The broad nature of these column labels to record
information about the nature of the calls and the limited narrative
sometimes included on logs did not always provide sufficient information
to determine whether the Voting Section should initiate an investigation.

o 	The telephone logs did not include information on callers' contact
information such as telephone numbers.

Enclosure I

Assessment of Internal Controls November 2000 Election Telephone Logs

Some of the telephone logs that Voting Section and contractor staff
completed included comments indicating allegations that people may have
been prevented from voting. According to the Voting Section, Voting
Section personnel reviewed logs on an ongoing basis and efforts were made
to contact callers who provided telephone numbers and whose messages
indicated possible violations of federal civil rights statutes. The Voting
Section does not have records indicating how many such return calls were
made and noted that return telephone contact information was not always
provided or asked for.

According to Voting Section officials, an assessment of the calls led them
to determine that most of the calls focused on concerns about the election
situation in Florida, often from citizens in states other than Florida,
and that few allegations included substantive information about possible
violations of federal law. However, the information on the November 2000
telephone logs is not precise enough to document this assessment.

Enclosure I

Assessment of Internal Controls November 2002 Election Telephone Logs

For the November 2002 federal election, the Voting Section assigned staff
to receive calls; provided instructions for how to handle calls from
citizens, the press, members of Congress, and others; and provided state
contact information to refer callers to state officials, when appropriate.

According to Voting Section officials, a telephone log was used to record
calls received. The telephone log included columns to record time of call;
caller information for name, city, state, and telephone number; subject;
and action. No instructions were provided with the telephone log about how
to complete it regarding the type of information to be included in the
subject or action columns.

Enclosure I

                        Assessment of Internal Controls

According to the Civil Rights Division, the Voting Section plans to ensure
that it has full capability to receive and respond, as appropriate, to all
calls related to the November 2004 general election in the most
expeditious way possible. Division officials further stated that the
Voting Section has procedures in place to track and respond to telephone
calls that it might receive in relation to the November 2004 general
election.

o 	Specifically, the Civil Rights Division told us that the Voting Section
plans to use a telephone log such as the one used for the November 2002
election to record information on the caller's name, time of call, city
and state, telephone number, subject of the call, and action taken on the
call. The Division noted that the November 2002 log or any log that the
Voting Section might use for the November 2004 election is a tool to
ensure that the Voting Section does not miss calls raising important
concerns over which it has jurisdiction and is not intended to
definitively track all election-related allegations received.

Enclosure I

                        Assessment of Internal Controls

The Civil Rights Division also cited other procedures that the Voting
Section plans to use to track and respond to possible telephone calls
related to the November 2004 general election. These procedures will
include the Voting Section

o 	continuing its practice of assigning its staff to specific states for
the purpose of reviewing citizen calls and letters;

o 	keeping a sufficient number of staff and supervisory attorneys in
headquarters on election day to handle calls and to respond to allegations
referred from Voting Section staff monitoring elections in the field on
that day; and

o 	using contractors, if needed, to take telephone calls. The Division
plans to determine the need to use contractors on a case-by-case basis.

Enclosure I

                        Conclusions and Recommendations

                                  Enclosure I

                               Internal Controls

o 	The Voting Section received an unprecedented number of calls related to
the November 2000 election and took steps to document telephone calls.
According to the Voting Section, it also documented calls for the November
2002 election for which far fewer calls were received. The 2000 and 2002
election telephone logs differed somewhat in format, and improvements were
made regarding how information was collected on the 2002 election
telephone log. The Voting Section did not provide written instructions to
contractors in November 2000 about how to complete the logs, but did
provide written instructions to DOJ staff on completing some of the
information for the 2002 logs. However, both logs lack precision for
documenting the nature of the call and actions taken because broad
categories were used to capture information on the call.

                                  Enclosure I

                               Internal Controls

o 	Predictions of another close presidential election in November 2004,
possible voter confusion over new requirements in the Help America Vote
Act, and possible questions regarding voting equipment could result in the
Voting Section again receiving a large number of telephone calls and
possibly result in the use of contractors to handle calls since most of
the Voting Section staff are monitoring election sites on election day. If
the Voting Section collects more precise information about such calls, it
is in a better position to assure the public that it addressed allegations
of voting irregularities; if it documents actions taken more precisely, it
is better able to reassure the public and Congress of its commitment to
enforce federal voting rights statutes.

o 	The Voting Section has emphasized the importance of its monitoring of
election day activities, yet the monitoring program has not been routinely
tracked in the ICM system, its formal process for tracking and managing
work activities. Voting Section officials told us they were considering
tracking this program in the future, and we believe the significance of
this program warrants a more formal tracking of monitoring efforts and
resources dedicated to the program.

Enclosure I

Confidence in election processes is of utmost importance. To help ensure
confidence in the integrity of our voting processes, the Voting Section
plays an important role in addressing voting irregularities. By accurately
recording and documenting its activities in as clear a manner as possible,
the Voting Section contributes to assuring the public and Congress of the
integrity of our voting processes.

To reassure citizens of the integrity of our election processes and to
reassure the public and Congress of DOJ's commitment to its responsibility
to enforce federal voting rights statutes, we recommend that the Assistant
Attorney General for the Civil Rights Division direct the Chief of the
Voting Section to

o 	develop and implement procedures for the November 2004 election to
ensure that the Voting Section has a reliable method of tracking and
documenting allegations of voting irregularities and actions taken to
address them. Procedures could include more precise categories for
recording types of allegations, more precise categories to record actions
taken, development of instructions on completing the telephone logs, and
development and implementation of training for contractors, should they be
needed, and

o 	implement a method to track and report on election monitoring program
activities in the Interactive Case Management system.

Attachment I

Voting Laws Enforced by the Voting Section Relevant to Contents of
Briefing and Its Attachments

According to the Voting Section, to carry out its mission, the Voting
Section brings lawsuits against states, counties, cities, and other
jurisdictions to remedy denials and abridgements of the right to vote;
defends lawsuits that the Voting Rights Act authorizes to be brought
against the Attorney General; reviews changes in voting laws and
procedures administratively under Section 5 of the Voting Rights Act; and
monitors election day activities through the assignment of federal
observers under Section 8 of the Voting Rights Act. Provided below are
short descriptions of some of the primary voting laws enforced by the
Voting Section.

Voting Rights Act Provisions

o  Section 2 of the Voting Rights Act (42 U.S.C. S: 1973)

Section 2 of the Voting Rights Act establishes a nationwide ban against
any state or local election practices or procedures that deny or abridge a
citizen's right to vote on account of race, color, or membership in a
language minority group.4 The Voting Rights Act provides that plaintiffs
may establish a violation of Section 2 by demonstrating that "the
political processes leading to nomination or election" deny members of the
protected classes an equal opportunity to participate in the political
process and to elect representatives of their choice. A court, under the
Voting Rights Act, may also consider the extent to which members of the
protected class have been elected to office in the jurisdiction, though
Congress made clear that Section 2 does not confer upon protected classes
a right to proportional representation.

o  	Sections 203 and 4(f)(4) of the Voting Rights Act (42 U.S.C. S:S:
1973aa-1a, 1973b(f)(4))

Sections 203 and 4(f)(4) are the language minority provisions of the
Voting Rights Act and require certain covered jurisdictions to provide
bilingual election materials and assistance based on census data
pertaining to the population of citizens of voting age with limited
English proficiency and their rate of illiteracy. With respect to Section
203, the Voting Rights Act requires jurisdictions to provide language
minority assistance when certain criteria are met, such as when more than
5 percent of the citizens of voting age or more than 10,000 of the
citizens of voting age are members of a single language minority group,
and are unable to speak or understand English adequately enough to
participate in the electoral process.

                      4 42 U.S.C. S:S: 1973, 1973b(f)(2).

Attachment I

o  Section 208 of the Voting Rights Act (42 U.S.C. S: 1973aa-6)

Section 208 of the Voting Rights Act authorizes voting assistance for
blind, disabled, or illiterate persons. A voter who requires assistance to
vote by reason of blindness, disability, or inability to read or write may
be given assistance by a person of the voter's choice, other than the
voter's employer or agent of that employer or officer or agent of the
voter's union.

o  Section 5 of the Voting Rights Act (42 U.S.C. S: 1973c)

Under Section 5 of the Act, "covered" 5 jurisdictions may not change their
election practices or procedures until they obtain federal "preclearance"
for the change. The act provides for either judicial or administrative
preclearance. Under the judicial mechanism, covered jurisdictions may seek
declaratory judgment from the United States District Court for the
District of Columbia that the change has neither the purpose nor the
effect of discriminating against protected minorities in exercising their
voting rights. Under the administrative mechanism, covered jurisdictions
may seek the same determination from the Attorney General. The Attorney
General may deny preclearance by interposing and objection to the proposed
change within 60 days of its submission.

o  Section 6 of the Voting Rights Act (42 U.S.C. S: 1973d)

Section 6 of the Voting Rights Act provides for the appointment of federal
examiners by order of a federal court or, with respect to certain covered
jurisdictions, upon certification by the Attorney General. Federal
examiners help to register voters by determining whether a citizen meets
state eligibility requirements and must therefore be included in the
registration rolls. A federal court, under the Voting Rights Act, may
order the appointment of federal examiners to any jurisdiction sued under
any statute to enforce certain constitutional voting guarantees.6 In
covered jurisdictions, the Attorney General may appoint examiners upon
certification that the Attorney General has received at least 20
meritorious written complaints of voting discrimination or that the
Attorney General otherwise believes that the appointment of examiners is
necessary to protect voting rights.

5 The jurisdictions targeted for "coverage" are those evidencing
discriminatory voting practices, based
upon a triggering formula, as defined in Section 4 of the Voting Rights
Act (42 U.S.C. 1973b). The
Attorney General and the Director of the Census have responsibility for
determining which
jurisdictions are covered by the triggering formula, and their
determinations are not reviewable in any
court and are effective upon publication in the Federal Register.
6 See also, section 3 of the Voting Rights Act (42 U.S.C. S: 1973a).

Attachment I

o  Section 8 of the Voting Rights Act (42 U.S.C. S: 1973f)

Under Section 8 of the Voting Rights Act, federal observers may be
appointed, upon request of the Attorney General, in any jurisdiction where
an examiner is serving. Federal observers are to monitor elections and
report whether persons entitled to vote were allowed to vote and whether
their votes were properly counted.

o  Section 11(b) of the Voting Rights Act (42 U.S.C. S: 1973i(b)

Section 11(b) of the Voting Rights Act prohibits persons, whether acting
under color of law or not, from intimidating, threatening, or coercing, or
attempting to intimidate, threaten or coerce, any person for voting or
attempting to vote. Section 11(b) further prohibits intimidation, threats,
or coercion of those persons aiding other persons in voting or exercising
certain powers or duties under the Act.

Uniformed and Overseas Citizens Absentee Voting Act of 1986 (42 U.S.C.
S:S: 1973ff to 1973ff-6)

The Uniformed and Overseas Citizens Absentee Voting Act of 1986 (UOCAVA),
in general, requires states and territories to allow absent uniformed
service voters, their spouses and dependents, and certain other overseas
voters to register and vote absentee in elections for federal office.
UOCAVA requires, for example, that a presidential designee prescribe a
federal write-in absentee ballot for all overseas voters in federal
elections. The ballot is to be used if the overseas voter applies for, but
does not receive, a state absentee ballot.7 While state law, in general,
governs the processing of these federal write-in ballots, UOCAVA requires
that states permit their

8

use in federal elections.

National Voter Registration Act (42 U.S.C. S:S: 1973gg to 1973gg-10)

The National Voter Registration Act of 1993 (NVRA) established procedures
designed to "increase the number of eligible citizens who register to vote
in elections Federal office," while protecting "the integrity of the
electoral process" and ensuring the maintenance of "accurate and current
voter registration rolls."9 NVRA requires all states to adopt certain
federal voter registration procedures, except for those states that have
no registration requirements or that permit election-day registration with
respect to federal elections.10 NVRA, for example, requires states to
allow applicants for driver's licenses to register to vote on the same
form.11 NVRA also requires states

7 42 U.S.C. S: 1973ff-2(a). 8 Id. S: 1973ff-1(3). 9 42 U.S.C. S: 1973gg.
10 42 U.S.C. S: 1973gg-2. 11 Id. S: 1973gg-3(a).

Attachment I

to provide voter registration forms and accept completed applications at
various state agencies, including any office in the state providing public
assistance, any office in the state that provides state-funded disability
programs, and other agencies chosen by the state, such as state licensing
bureaus, county clerks' offices, public schools and public libraries.12
NVRA also contains detailed requirements regarding state

                                       13

removal of names from federal registration rolls.

Voting Accessibility for the Elderly and Handicapped Act of 1984 (42
U.S.C. S:S: 1973ee to 1973ee-6)

Congress has passed legislation intended to improve access for elderly and
handicapped individuals to registration facilities and polling places for
federal elections. The Voting Accessibility for the Elderly and
Handicapped Act of 1984 requires, with some exceptions, that political
subdivisions within each state that are responsible for conducting
elections assure that polling places and registration sits are accessible
to handicapped and elderly voters.14 If the political subdivision is
unable to provide an accessible polling place, it must provide an
alternative means for casting a ballot on election day upon advance
request by the voter.15 The act's requirements also include, for example,
that each state or political subdivision provide a reasonable number of
accessible permanent registration facilities, and that each state make
available certain types of voting and registration aids such as largetype
instructions and information by telecommunication devices for the deaf.16

Title II of the Americans with Disabilities Act (42 U.S.C. S:S: 12131 to
12134) (enforced by the Disability Rights Section of the Civil Rights
Division)

Title II of the Americans with Disabilities Act prohibits discrimination
against qualified individuals with disabilities in all programs,
activities, and services of public entities. It applies to all state and
local governments, their departments and agencies, and any other
instrumentalities or special purpose districts of State and local
governments. According to the Voting Section, as construed by the courts,
Title II requires that polling places be accessible to persons with
disabilities with certain exceptions.

Help America Vote Act (42 U.S.C. S:S: 15301 to 15545)

The Help America Vote Act of 2002 (HAVA), among other things, established
a program to provide funds to states to replace punch care voting systems,
established the Election Assistance Commission to assist in the
administration of federal elections and to otherwise provide assistance
with the administration of certain

12 Id. S:S: 1973gg-5(a)(2), (a)(3), (a)(4), (a)(6)(A)(i).
13 Id. S: 1973gg-6(b).
14 42 U.S.C. S:S: 1973ee to 1973ee-6.
15 Id. S: 1973ee-1(b)(2)(ii).
16 Id. S: 1973ee-2, 1973ee-3.

Attachment I

federal election laws and programs, and established minimum election
administration standards for States and units of local government with
responsibility for the administration of federal elections. Certain HAVA
provisions including those relating to voting system standards,
provisional voting and voting information requirements, and computerized
statewide voter registration lists are to be enforced by the Attorney
General.17

                             17 42 U.S.C. S: 15511.

Attachment II

Role of the Criminal Division's Public Integrity Section in Federal
Elections

The Public Integrity Section (PIN), in conjunction with the 93 U. S.
Attorneys and the FBI, is responsible for enforcing federal criminal laws
applicable to federal election fraud offenses, among other things.
Election fraud is conduct that corrupts the electoral processes for: (1)
obtaining, marking, or tabulating ballots; (2) canvassing and certifying
election results; or (3) registering voters. Election fraud can be
committed with or without the participation of voters. Examples of
election fraud that does not involve voter participation are ballot box
stuffing, ghost voting, and "nursing home" frauds. Examples of election
fraud that involves, at least to some extent, voter participation are vote
buying schemes, absentee ballot fraud, voter intimidation schemes,
migratory-voting or floating-voter schemes, and voter "assistance" fraud
in which the voters' wishes are ignored or not sought. According to a PIN
official, its attorneys spend about 10 percent of their time on election
fraud investigations and trials.

PIN is also responsible for overseeing the U.S. Attorneys' and the FBI's
investigation and prosecution of federal election fraud, one of the most
common types of alleged federal election crimes. PIN's oversight entails
(1) advising investigators and prosecutors on the application of federal
criminal laws to election crimes, (2) reviewing all major election crime
investigations and all proposed election crime charges, and (3) assisting
with implementing DOJ's District Election Officer (DEO) program. Under the
DEO program, PIN asks each of the 93 U.S. Attorneys to appoint an
Assistant U.S. Attorney to serve a 2-year term as a DEO and provides
training and guidance to DEOs on carrying out their responsibilities.
DEOs, whose responsibilities are performed in conjunction with their other
responsibilities, are to

o  	screen and conduct preliminary investigations of complaints, in
conjunction with the FBI and PIN, to determine whether they constitute
potential election crimes and should become matters for investigation;  o 
oversee the investigation and prosecution of election fraud and other
election

crimes in their districts;  o  coordinate their district's (investigative
and prosecutorial) efforts with DOJ headquarters prosecutors;

o  	coordinate election matters with state and local election and law
enforcement officials and make them aware of their availability to assist
with election-related matters;

o  	issue press releases to the public announcing the names and telephone
numbers of DOJ and FBI officials to contact on election day with
complaints about voting or election irregularities and answer telephones
on election day to receive these complaints; and

o  	supervise a team of Assistant U.S. Attorneys and FBI special agents
who are appointed to handle election-related allegations while the polls
are open on election day.

Attachment II

Our analysis of information from PIN on election fraud matters showed that
U.S. Attorneys and PIN attorneys initiated a total of 61 election fraud
matters, or investigations, related to election years 2000 through 2003.
Most of the 61 matters related to elections held in 2002. Matters were
initiated in 28 states and 1 U.S. territory (the U.S. Virgin Islands) and
ranged from 1 to 7 matters per state/territory over the 4-year period. The
most frequent allegations of election fraud were for absentee ballot fraud
and vote buying. According to PIN, many of these matters resulted in
indictments and subsequent convictions.

According to the Criminal Division, the information provided by PIN does
not include all election fraud investigations that the U.S. Attorneys have
initiated because (1) U. S. Attorneys are not required to consult with PIN
for preliminary investigations as opposed to grand jury investigations,
which require consultation; (2) PIN did not track election fraud
investigations prior to October 2002; and (3) election fraud
investigations are sometimes initiated under non-election statutes.

Attachment III

Election Jurisdictions Monitored during Calendar Years 2000 through 2003

Table 1: Attorney General-Certified Election Jurisdictions Monitored
during Calendar Years 2000 through 2003

                            Election jurisdictions monitored during
        State         2000           2001             2002          2003      
                   Hale County                    Hale County   
                   Selma                                        
                   (Dallas                          Chambers    
                   County)a                          County     
                     Lowndes                                    
                     County                                     
                     Apache                                     
       Arizona       County                      Apache County  
                     Navajo                                     
                     County                      Navajo County  
                    Randolph                        Randolph    
                    County a                         County     
                     Brooks                                     
       Georgia       County                                     
                     Sumter                                     
                     County                                     
                     Twiggs                                     
                     County                                     
      Louisiana      Tensas                                     
                     Parish                                     
                    Aberdeen      Clarksdale                     Greenville   
                     (Monroe   (Coahoma County)   Adams County   (Washington  
                    County)a           b                           County)    
                     Bolivar   Isola (Humphreys   Amite County    Humphreys   
                     County         County)                        County     
                     Grenada                     Centreville       Noxubee    
                     County     Macon (Noxubee   (Wilkinson       County a    
                                    County)      County)        
                     Neshoba       Sunflower          Drew         Neshoba    
                     County       (Sunflower       (Sunflower      County     
     Mississippi                    County)         County)     
                     Newton                                                   
                     County                                     Newton County
                                                                Kemper County 
                               Vicksburg (Warren                Leake County  
                                   County) a                    
                                     Webb                                     
                                 (Tallahatchie                  Jones County
                                    County)                     
                                                                Winston       
                                                                County        
                      Kings                                     
                     County      Kings County     Kings County  
      New York      New York                        New York    
                     County     New York County      County     
                               Bronx County                     
                     Marion       Ridgeville     Ridgeville     
South Carolina   County a      (Dorchester    (Dorchester    
                                    County)      County) a      
                   Irving                                       
        Texas      (Dallas      Irving (Dallas    Titus County  
                   County)          County)                     
        Total               19                 11         13          9       
    jurisdictions                                               

Source: GAO's analysis of election monitoring data provided by DOJ's
Voting Section.

aElections were monitored by DOJ attorneys and professional staff only,
not OPM federal observers. bThree elections were held in Clarksdale
(Coahoma County), Mississippi, in calendar year 2001. Only DOJ attorneys
and professional staff monitored one of the three elections, held on June
5, 2001. For the remaining two elections held that year, DOJ attorneys and
professional staff accompanied OPM observers in monitoring the elections.

Attachment III

Table 2: Court-Ordered Election Jurisdictions Monitored during Calendar
Years 2000 through 2003

                           Election jurisdictions monitored during
       State          2000             2001            2002          2003     
      California Alameda County                                  
                 a                                               
        Illinois                   Cicero (Cook                  Cicero (Cook 
                                     County)                     County)b     
       Louisiana       c                c                c            c       
                 City of                           City of         City of    
        Michigan Hamtramck      City of Hamtramck  Hamtramck      Hamtramck   
                                                      Passaic      Passaic    
      New Jersey Passaic County   Passaic County      County       County d   
                 Bernalillo                        Bernalillo    
                 County                            County        
                 Cibola County                     Cibola County 
      New Mexico Sandoval                          Sandoval      
                 County                            County        
                                                      Socorro    
                 Socorro County                       County     
                                                      Reading      Reading    
    Pennsylvania                  Reading (Berks      (Berks        (Berks    
                                    County) b        County)b      County)    
            Utah San Juan                          San Juan      
                 County e                          County e      
           Total       8                4                8            4       
jurisdictions                                                 

Source: GAO's analysis of election monitoring data provided by DOJ's
Voting Section.

aThe court order for Alameda County, California, was in effect until
January 22, 2001.
bElections were monitored by DOJ attorneys and professional staff only,
not OPM federal observers.
cA court order for St. Landry Parish was entered into on December 5, 1979.
Data from the Voting Section shows
that as of August 26, 2003, the court order was still in effect and that
no elections were monitored at this parish
during calendar years 2000 through 2003.
dFour elections were held in Passaic County, New Jersey, in calendar year
2003. Only DOJ attorneys and
professional staff monitored one of the four elections, held on May 13,
2003. For the remaining three elections
held that year, DOJ attorneys and professional staff accompanied OPM
observers in monitoring the elections.
eThe court order for San Juan County, Utah, was in effect until December
31, 2002.

Attachment III

Table 3: Other Election Jurisdictions Monitored during Calendar Years 2000
through 2003

                                    Page 70
       GAO-04-1041R DOJ Activities to Address Past Voting Irregularities
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                       Brentwood                                                                                                                                          
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                       Union                                                                Kenedy                                                                     
                                                      San                                                                                                                                                              Atlanta                                                                   Baker               Tangipahoa                                                                   St.   St.   St.     New                           New            San     New  Queens Queens   New    Suffolk Suffolk Free                           South                          Bexar  ISD     Harris  Comal            Moore                                     
Election    State 2000 2001 2002 2003 California   Francisco           Connecticut   Waterbury  Florida                                                                                             Georgia         (Fulton  Hawaii                                   Louisiana       St.     (East               Parish     Massachusetts                     Michigan             Missouri  Louis Louis Louis Jersey                        Mexico            Juan   York  County County  York    County  County  School    Ohio  Maple       Carolina           Texas  Forth   County (Karnes County  County           County                             5 9 19 13
 jurisdictions                                        County       San                  (New                                                                            Century                                        County)                                                       Martinville Baton     Winnsboro                           Lawrence  Lawrence           Flint                                                                                 County          a            City                    District        Heights                               Worth          County)                Seagraves                                           
monitored                                                    Francisco               Haven               Osceola Osceola    Duval  Duval    Miami-Dade Miami-Dade   (Escambia    Orange    Broward          Putnam                     Honolulu             Jefferson             (St. Martin Rouge     (Franklin                            (Essex    (Essex           (Genesee                                         Hudson    Middlesex         McKinley                              (Queens                  (Suffolk        (Cuyahoga            Marion          (Tarrant                                (Gaines           Guadalupe           Total        
    during                                                       County                 County)             County  County     County County     County   County        County)     County    County           County                      County  Kentucky     County                 Parish)   Parish)    Parish)                            County)   County)           County)                                          County     County           Countya                               County)                  County)         County)              County          County)                                 County)           County      jurisdictions        

Source: GAO's analysis of election monitoring data provided by DOJ's
Voting Section.

Note: DOJ attorneys and professional staff monitored the election
jurisdictions shown in this table unless otherwise noted.

aOPM federal observers also monitored elections in these counties even
though the counties are not under Attorney General-certification or court
order.

Attachment IV Summaries of Election-Related Preliminary Investigation,
Matters, and Cases Initiated from November 2000 to December 2003

Election-Related Closed Matters and Open Case Initiated during November or
December 2000

No. Matter/Case       Jurisdiction            Date matter initiated DJ No. 
    1       Matter                   Florida             December 2000   No a 
    2       Matter      Hillsborough County,             November 2000   No a 
                                     Florida                           
    3       Matter Palm Beach County,                    November 2000    Yes 
                   Florida                                             
    4       Matter       Several counties in             November 2000    Yes 
                                     Florida                           
    5       Matter    DeKalb County, Georgia             December 2000    Yes 
    6       Matter  Gwinnett County, Georgia             November 2000    Yes 
    7         Case       St. Louis, Missouri November 2000 (case filed    Yes 
                                             in August 2002)           

Source: DOJ Civil Rights Division.

a For the matters that the Voting Section initiated in Florida after the
2000 election, the Voting Section initially used a general DJ number for
all work on investigations and inquiries related to the Florida election.
This number was opened in November 2000. Subsequently, the Voting Section
assigned separate DJ numbers for individual matters. The 2000 matters in
Florida and Hillsborough County, Florida, were inadvertently not given an
individual

DJ number.

Summary of Election-Related Closed Matters and Open Case Initiated during
November or December 2000

                                    Page 71
       GAO-04-1041R DOJ Activities to Address Past Voting Irregularities
                                                                               Interviews                  
                                                                               by Voting                   
                                                                               Section                     
                                                                               staff with                  
                                                                               individuals                 
                                               1. The Voting                   mentioned in                
                                               Section                         the                         
                                               received a                      complaints                  
                                               large number                    did not                     
                                               of complaints                   reveal a     Florida        
                                               alleging that                   distinct     enacted        
                                               Florida voters                  pattern of   election       
                                               arrived at the                  registration reform         
                                               polls                           problems in  legislation in 
                                               expecting to                    any one      2001           
                                               be properly                     Florida      requiring,     
                                               registered to                   county       among other    
                                               vote, but were                  sufficient   things, that   
                                               told that                       to warrant   the state      
                                               their names                     litigation,  implement a    
                                               were not on    Voting Section   but taken as statewide      
                                               the voter      staff contacted  a whole the  voter          
                                               rolls. Some    individuals      registration registration   
                                               people who     mentioned in     complaints   database,      
                                               tried to vote  complaints that  seemed to    permit         
                                               but whose      the NAACP had    indicate     provisional    
                                               names were not forwarded to     general      voting, and    
                                               on the voter   determine the    problems     provide funds  
                                               rolls were     nature of their  with the     to counties    
                                               often told to  alleged          state of     for voter      
                                               stand in       registration     compliance   education and  
Description                                    another line   problems. Voting with NVRA    poll worker    
based on                           Disposition so election    Section staff    provisions   training. The  
Voting                              by Voting  officials      monitored        for clarity  Voting Section 
Section                              Section   could be       election-related and          reviewed this  
information                                    called to      hearings and     processing   law under      
                                               verify their   lawsuits in      of voter     Section 5 of   
                                               registrations, Florida to see   registration the Voting     
                                               but many       what steps the   forms,       Rights Act and 
                                               voters alleged state was going  transmission precleared it  
                                               that office    to take. The     of the forms on March 28,   
                                               phones were    Voting Section   to election  2002. With     
                                               busy all day   reviewed         officials,   respect to     
                                               and            election reform  education of this           
                                               registrations  legislation that registration investigation, 
                                               could not be   Florida enacted  personnel,   the Voting     
                                               verified. Some in 2001.         adherence to Section noted  
                                               voters                          NVRA         that these     
                                               apparently                      registration reforms should 
                                               left and some                   deadlines,   help address
                                               remained at                     maintenance  the problems
                                               the polls                       of           alleged to
                                               until they                      registration have occurred
                                               closed, at                      lists,       in 2000. While
                                               which time                      ability to   the Voting
                                               they were                       verify       Section
                                               apparently                      registration further noted
                                               told they                       at the       that the
                                               could not vote                  polls, and   
                                               because the                     education of 
                                               polls were                      voters,      
                                               closed.                         state        
            Voting                                                             registration 
            Section's    Voting                                                personnel,   
            actions     Section's                                              election     
            taken to   assessment                                              officials,   
            address        of                                                  and poll     
            allegation allegations                                             workers.     

     Attachment IV Attachment IV Attachment IV Attachment IV Attachment IV

                                    Page 72
       GAO-04-1041R DOJ Activities to Address Past Voting Irregularities
      new state                                                               
      legislation did not                                                     
      appear specifically                                                     
      to address all the                                                      
      NVRA-related issues,                                                    
      such as the voter                                                       
      registration process                                                    
      and education of                                                        
      motor vehicle agency                                                    
      and other state                                                         
      agency employees                                                        
      regarding state                                                         
      registration                                                            
      procedures and                                                          
      requirements in                                                         
      federal law, such                                            
      issues could be                                              
      addressed through                                            
      design and                                                   
      implementation of                                            
      the forthcoming                                              
      election procedures                                          
      to carry out the                                             
      requirements of the                                          
      new law. Therefore,                                          
      the Voting Section                                           
      determined that it                                           
      would monitor                                                
      Florida's NVRA                                               
      actions in the                                               
      future in light of                                           
      the new state                                                
      legislation and                                              
      ongoing federal                                              
      legislative efforts                                          
      in election reform                                           
      which might also                                             
      impact Florida's                     Voting                  
      election procedures.                 Section             The 
      The Voting Section                   staff met     sheriff's 
      closed the matter    2. The NAACP    with, among      office The Voting
      because, based on    National Voter  others,        reported Section
      its monitoring of    Fund alleged    officials      that the closed the
      the situation and    (1) that on     from the    presence of matter
      the provisions in    Election Day    county        sheriff's because
      the state law        2000, sheriff's sheriff's      deputies the
      pertinent to         deputies in     office and     near the complaint
      registration that    marked cars in  several         polling lacked
      had been precleared, Hillsborough    local         place was merit
      it concluded that    County,         residents,   related to since
      the problems which   Florida,        and spoke    a burglary there was
      occurred in the 2000 blocked access  with a poll nearby. One no
      election were being  to a polling    watcher to       of the evidence
      adequately           place, (2) that gather        sheriff's on any of
      addressed.           their presence  additional     deputies the

                                    Page 73
       GAO-04-1041R DOJ Activities to Address Past Voting Irregularities
                                                                                                          4. Four                     The Voting                    
                                                                                                          state                       Section's                     
                                                                                                          troopers                    investigation                 
                                                                                                          with the                    revealed that                 
                                                                                                          Florida                     the Florida                   
                               learned two                                                                Department                  Highway Patrol                
                               days after                                                                 of Highway                  had set up a                  
                               the election                                                               Safety and                  traffic check                 
                               that the                                                                   Motor                       stop close to a               
                               same man who                                                               Vehicles                    polling place                 
                               had                                                                        ran a                       (about a mile                 
                               approached                                                                 driver's                    away) located in              
                               the deputies                                                               license                     a predominantly               
                               on Election                                                                checkpoint The Voting       African-American 
had an                         Day returned                                                               on         Section opened a neighborhood.    
intimidating                   to the                   3. It was The Voting                              Election   matter to        The Voting       
effect on                      polling                  alleged   Section                                 Day 2000   investigate this Section          
voters, and (3)                place and                that the  opened a                                in Leon    issue and asked  investigation    The Voting
that at least on               successfully             design of matter                                  County,    the Florida      also indicated   Section
one occasion                   voted. A                 the       related to   The Voting    The Voting   Florida.   State Office of  that the         closed the
they harassed a                poll worker              butterfly this issue   Section       Section      This       the Attorney     troopers'        matter
voter. An                      observed the             ballot in and reviewed determined    concluded    checkpoint General about    traffic stop     because
African-American               presence of  allegations Palm      federal law  that there    that because was        the checkpoint   plan had not     there was no
man approached   observations. the              raised. Beach     for which    was no basis  it had no    located    in Leon County.  been preapproved evidence of
sheriff's                      sheriff's                County,   the Section  for asserting jurisdiction near       A Voting Section by their         intimidation
deputies after                 cars around              Florida,  had          federal       concerning   (about a   attorney also    commander, as is or racial
they left the                  the same                 violated  enforcement  jurisdiction. this matter, mile from) spoke with an    the standard     intent to
scene of a                     time they                federal   authority to               no further   a voting   African-American procedure.       affect or
burglary                       were                     voting    determine if               action was   precinct.  voter who was    Further          intimidate
complaining that               responding               rights    any action                 warranted.   Another    stopped at one   investigation    voters.
he was not                     to the                   laws.     was                        In addition, checkpoint of the driver's  revealed that    
allowed to vote.               burglary,                          appropriate.               according to was held   license          the traffic      
                               and observed                                                  the Voting   in Bay and checkpoints.     checkpoint was   
                               that no                                                       Section, the Escambia                    in effect for    
                               voter had                                                     new Florida  Counties.                   about 3 hours,   
                               been                                                          election     According                   and a higher     
                               deterred                                                      reform law   to a                        number of white  
                               from voting                                                   should help  highway                     drivers were     
                               due to the                                                    to alleviate patrol                      stopped than     
                               police                                                        faulty       official,                   African-American 
                               activity.                                                     ballot       this                        drivers.         
                                                                                             design by    checkpoint                  According the    
                                                                                             providing    was not                     Voting Section,  
                                                                                             for greater  located                     an               
                                                                                             oversight of near a                      African-American 
                                                                                             ballot       voting                      voter who was    
                                                                                             design.      precinct.                                    

                                    Page 74
       GAO-04-1041R DOJ Activities to Address Past Voting Irregularities
                                                 The Voting                   
                                                 Section                      
                                                 attorney's                   
                                                 analysis of the              
                                A Voting Section documents that               
                                attorney met     DeKalb County                
                                with the         provided                     
                                following in     revealed that                
                                Georgia to       most of the                  
                                address these    county's polling             
                                concerns: (1)    places that                  
                                the DeKalb       stayed open past             
                                County Elections closing time                 
                                Supervisor, (2)  were located in              
                                the Chairman of  majority                     
                                the DeKalb       African-American The county  
                                County Elections precincts. The   implemented 
                                Board, (3) the   polls' extended  the         
                                Gwinnett County  hours almost     following   
                                Elections        uniformly        changes for 
                                Supervisor, (4)  resulted from    the March   
                                the president of there being      2001        
               5. A U.S.        the DeKalb       large numbers of election:   
               Representative   County NAACP,    people in line   (1)         
               raised concerns  (5) the          as well as       increased   
               regarding long   Assistant DeKalb insufficient     the number  
               voting delays in County Attorney, numbers of poll  of voting   
               predominantly    and (6) one of   workers and      machines,   
               African-American the              voting machines. (2)         
               precincts in     representative's The attorney     assigned    
               DeKalb County,   staff members.   also determined  additional  
               Georgia during   The Voting       that there had   poll        
               the November     Section attorney been no unequal  workers and 
               2000 election.   received and     division of      managers,   
               It was alleged   reviewed         electoral        (3)         
               that there were  documents from   resources        assigned at 
               no corresponding both counties'   between majority least 10    
               delays in        elections        white and        additional  
               majority white   departments      majority         staff       
               precincts. In    regarding the    African-American members to  
               one              November 2000    precincts.       answer      
  stopped was  predominantly    election. The    According to     telephones  
  treated      African-American Voting Section   investigations   at the      
  courteously  precinct,        attorney         of the November  Elections   
  and          several hundred  requested        2000 election by Department  
  proceeded    voters           additional       the county's     and         
  to vote      apparently left  documents from   elections        installed   
  without      the precinct     the Assistant    department, the  10 more     
  incident.    without voting   DeKalb County    area manager and telephone   
               after waiting in Attorney and     his assistants   lines, and  
               line for several DeKalb County    at the main      (4) gave    
               hours. In        Elections        precinct of      the         
               districts with a Supervisor to    concern failed   Elections   
               majority of      determine if     to contact the   Department  
               white residents, there was an     precinct office  and area    
               voting lines     unequal division about the long   managers    
               apparently moved of resources     lines and        cell phones 
               quickly with     among            insufficient     in case     
               some people      African-American voting machines. regular     
               being able to    and white        The former area  telephone   
               vote in less     districts. These manager also     lines were  
               than 15 minutes. documents        denied the poll  busy. The
               In addition, two outlined the     workers'         Voting
               people           budget for       requests for     Section
               complained about expenses related additional       determined
               possible voting  to the elections voting machines, that a
               irregularities   from 1998        stating none     dramatic
               during a March   through 2000.    were available.  improvement
               2001 election.   The Voting       The president of resulted
                                Section attorney the DeKalb       from these
                                also spoke with  County NAACP,    remedial
                                the president of staff in the     actions
                                the DeKalb       office of the    and, as a
                                County NAACP and U.S. Attorney    result,
                                the U.S.         for the Northern closed the
                                Attorney for the District of      matter.
                                Northern         Georgia, and the 
                                District of      DeKalb County    
                                Georgia. The     Elections        
                                Voting Section   Supervisor did   
                                attorney spoke   not receive      
                                with the two     complaints       
                                persons alleging related to       
                                fraud during the Election Day in  
                                March 2001       DeKalb County.   
                                election.        With respect to  
                                                 the March 2001   
                                                 allegations, the 
                                                 Voting Section   
                                                 attorney noted   
                                                 that the two     

                                    Page 75
       GAO-04-1041R DOJ Activities to Address Past Voting Irregularities
                                                    The Voting                                                                           
                                                    Section's                                                                            
                                                    investigation                                                                        
                                                    revealed that                                                                        
                  6. The Voting                     the problem                                                                          
                  Section received                  likely arose                                                                         
                  information that                  from the DPS                                                                         
                  people in                         paperless                                                                            
                  Gwinnett County,                  system to                                                                            
                  Georgia who had                   obtain and                                                                           
                  registered to                     renew a                                                                              
                  vote via the                      driver's                                                                
                  Georgia                           license. The                                                            
                  Department of                     process seemed                                                          
                  Public Safety                     to result in                                                            
                  (DPS) were not                    people                                                                  
                  on the voter                      believing they                                                          
  persons could   registration     The Voting       had been        The Voting                                              
  not identify    rolls and were   Section spoke    registered to   Section closed                                          
  the precincts   not allowed to   with staff in    vote when they  the matter in                                           
  where alleged   vote. DPS        the Georgia      had not. A      April 2002                                              
  irregularities  operated vehicle Attorney         person who      mostly because                                          
  occurred, and   registration     General's office indicated the   the state had                                           
  that they did   sites in         and the Georgia  intention to    created a new                                           
  not have        Georgia.         DPS and DMV, a   register to     agency, the                                  The Voting The consent
  allegations of  Subsequently,    voter who raised vote did not    Department of                                Section    order gives
  racial          DPS began the    the allegations, receive any     Motor Vehicle                                alleged    court
  intimidation    process of       and the Deputy   confirmation at Safety, to                                   that the   jurisdiction
  or vote         transitioning    Director of      the time of the which                                        state was  over the
  suppression.    National Voter   Elections in the transaction.    responsibility                               in         proceeding
  The Voting      Registration Act Secretary of     The Voting      for voter                                    violation  until
  Section         (NVRA)           State's Office.  Section's       registration                                 of NVRA    January 31,
  attorney        responsibilities The Voting       investigation   was in the                                   and filed  2005. The
  determined      to the state's   Section          revealed that   process of                                   a          consent
  that their      newly created    monitored the    since DPS       being                                        complaint. order
  complaints      Department of    transition of    implemented a   transitioned.                                           
  seemed to       Motor Vehicles   NVRA             paperless       The Voting                                              
  concern         (DMV). It was    responsibilities system in 1996, Section                                                 
  Georgia state   alleged that     from DPS to the  the percentage  determined                                              
  law, suggested  voters were      new DMV from     of those who    this system                                             
  that they       turned away from April 2001 to    registered to   would remedy                                            
  explore their   the polls and    April 2002.      vote at DPS     the problem.                                            
  state law       were not offered                  sites when they                                                         
  remedies,       provisional                       applied or                                                              
  suggested that  ballots. Some                     renewed their                                                           
  they contact    voters were told                  licenses had                   7. DOJ, on                               
  the county      to go to the                      dropped almost                 behalf of the                            
  elections       county                            every year.                    United States, Following an              
  department and  registration                      There was also                 alleged that   investigation,            
  the office of   office, but                       evidence that                  the St. Louis  DOJ filed a               
  Georgia's       officials there                   DPS officials                  Board of       complaint with            
  Secretary of    told them they                    knew of                        Election       the U.S.                  
  State, and      were not allowed                  concerns                       Commissioners' District Court            
  asked them to   to vote.                          regarding the                  (referred to   in the Eastern            
  keep the                                          agency's                       hereafter as   District of               
  Voting Section                                    paperless                      the Board)     Missouri on               
  attorney                                          registration                   placement of   August 14,                
  informed of                                       system from its                eligible       2002. On the              
  developments.                                     implementation.                voters on      same date,                

                                    Page 76
       GAO-04-1041R DOJ Activities to Address Past Voting Irregularities
inactive status, when combined                                             
with election-day procedures that                                          
inactive voters were required to                                           
follow to restore their active                                             
voter status and vote during the                                           
November 2000 and March 2001                                               
elections, constituted a removal                                           
of those voters from the voter                                             
registration rolls in violation                                            
of Section 8 of NVRA. As of the                                            
November 2000 general election,                  requires the Board to     
more than 54,000 registered                      initiate procedures to    
voters in St. Louis had been                     remedy the problems that  
designated as inactive and                       occurred during the       
excluded from the lists of                       November 2000 election,   
eligible voters following a                      such as improved methods  
series of mail canvasses that the                of notifying voters who   
Board conducted of its voter                     are moved to an inactive  
registration rolls. These mail                   status, improved methods  
canvasses did not include the                    of canvassing, and        
notices required by Section                      improved resources to     
8(d)(2) of NVRA. The Board did                   process eligible voters   
not make an effort to notify      DOJ entered    not included on the rolls 
inactive voters that their        into a         on Election Day. This     
registration status had changed,  consent order  relief included requiring 
that their names would not appear with the city  that every polling place  
on the voter registration lists,  of St. Louis.  have a complete list of   
or that they would face more                     registered voters,        
administrative efforts on                        including inactive
election day before being                        voters, and a polling
permitted to vote. As a result,                  place locator to assist
certain eligible, but inactive                   voters in finding their
voters, were not able to vote in                 correct precincts. The
the November 2000 general                        consent decree is valid
election and March 2001 municipal                until January 31, 2005.
primary election due to the lack                 The case remains open to
of an adequate infrastructure                    monitor implementation of
(i.e., insufficient phone lines,                 the consent order.
working telephones, and staff) in                
place to enable voters to                        
complete the verification                        
procedures required by the Board                 
on election day. For the November                
2000 election, over 300 eligible                 
inactive voters were able to                     
obtain authorization to vote                     
after going to the Board's                       
headquarters as instructed by the                
election judges.                                 

Attachment IV

Election-Related Closed Matters and Open Cases Initiated during Calendar
Year 2001

No.   Matter/Case         Jurisdiction        Date matter initiated DJ No. 
    1            Matter                Florida             March 2001b    Yes 
    2            Matter                Florida              June 2001b    Yes 
    3            Matter                Florida              June 2001b    Yes 
    4            Matter                Florida            August 2001b   No c 
    5            Matter        Broward County,          October 2001 b    Yes 
                                       Florida                         
    6            Matter Miami-Dade County,                 June 2001 b    Yes 
                        Florida                                        
    7            Matter Miami-Dade County,                 June 2001 b    Yes 
                        Florida                                        
    8  Matter (election     New York, New York               July 2001    Yes 
            monitoring)                                                
    9            Matter     Georgetown County,              April 2001    Yes 
                                South Carolina                         
10            Matter       Seagraves, Texas               July 2001    Yes 
11              Case Miami-Dade County,     March 2001 (case filed     Yes 
                        Florida                in June 2002) b         
12              Case Orange County, Florida   June 2001 (case filed    Yes 
                                                       in June 2002) b 
13              Case        Osceola County,   June 2001 (case filed    Yes 
                                       Florida         in June 2002) b 
14              Case Berks County,           March 2001 (case filed    Yes 
                        Pennsylvania                 in February 2003) 
15              Case              Tennessee  April 2001 (case filed    Yes 
                                                    in September 2002) 

Source: DOJ Civil Rights Division.

b Each of these Florida matters was initiated in the period shortly after
the November 2000 election-i.e., in November or December 2000-and was
reported under the general DJ number for Florida discussed previously (see
note a under the summary table for November and December 2000 and note c
below). The above dates are the dates they received individual DJ numbers.

For the matters that the Voting Section initiated in Florida after the
2000 election, the Voting Section initially used a general DJ number for
all work on investigations and inquiries related to the Florida election.
This number was opened in November 2000. Subsequently, the Voting Section
assigned separate DJ numbers for individual matters. The 2000 matters in
Florida and Hillsborough County, Florida, were inadvertently not given an
individual

DJ number.

Attachment IV

Summary of Election-Related Closed Matters and Open Cases Initiated during
Calendar Year 2001

                                    Page 78
       GAO-04-1041R DOJ Activities to Address Past Voting Irregularities
                                                                The Voting                                       
                                                                Section's                                        
                                                                investigation                                    
                                                                consisted of                                     
                                                                phone interviews                                 
                                                                with                                             
                                                                Bethune-Cookman                                  
                                                                students,                                        
                                                                on-campus                                        
                                                                interviews of                                    
                                                                FAMU students                     
                                                                and student                       
                                                                government       The Voting       
                                                                leaders, and a   Section          
                                                                review of        determined that  
                                                                statements taken the problems     
                                                                by a             were likely      
                                                                representative   attributable to  
                                                                of the Service   voter confusion, 
                                                                Employees        not racial       
                                                                International    animosity. The   
                                                                Union legal      Voting Section   
                                                                department       noted that the   
                                                                working in       incidents of the 
                                               1. There were    association with three FAMU       
                                               allegations made the NAACP. A     students who     
                                               by students at   Voting Section   successfully     
                                               Florida A&M      attorney         voted were       
                                               University       interviewed      isolated         
                                               (FAMU) in        three students   incidents, and   
                                               Tallahassee      on FAMU's campus since each       
                                               (Leon County),   who claimed to   student          
                                               Florida, and     experience       ultimately       
                                               Bethune-Cookman  difficulty       voted, the       
                                               College in       voting, but were problems they    
                                               Daytona Beach,   able to vote.    suggested did    
                                               Florida,         The Voting       not suggest a    The Voting
                                               regarding        Section attorney pattern of       Section closed
Description                                    discriminatory   left his contact intimidation or  the matter
based on                        Disposition treatment of     information with attempted vote   because it
     Voting                        by Voting   African-American FAMU's student   denial. The      lacked merit
    Section                        Section     students in the  government       Voting Section   based on the
information                                    registration     association for  concluded that   evidence
                                               process or at    any individuals  most of the      gathered
                                               the polls.       who wanted to    allegations were during the
                                               First-time       give statements  likely to have   investigation.
                                               voters,          regarding voting been the result  
                                               apparently       problems but     of students not  
                                               unfamiliar with  could not meet   being familiar   
                                               the registration with the         with the voting  
                                               process, had     attorney. The    process. Many    
                                               greater          Voting Section   students had     
                                               difficulty       attorney         registered at    
                                               registering to   attempted to     their permanent  
                                               vote. Older      contact all ten  home addresses   
                                               students did not students from    and did not      
                                               seem to have     Bethune-Cookman, understand they  
                                               such difficulty. but was only     had to           
                                                                able to speak    re-register in   
                                                                with three. The  Leon County. The 
                                                                attorney sent    Voting Section   
                                                                letters to the   found that voter 
                                                                remaining        inexperience and 
                                                                students but     confusion were   
                                                                never received   to blame at      
                                                                responses to the Bethune-Cookman, 
                                                                letters. The     not any pattern  
                                                                Voting Section   of               
                                                                attorney         discriminatory   
                                                                followed up with treatment.       
                                                                his contacts at                   
                                                                FAMU, but the                     
                                                                Voting Section                    
                                                                did not receive                   
                                                                any response                      
                                                                from students to                  
              Voting                                            its efforts to                    
            Section's    Voting                                 conduct further                   
             actions    Section's                               inquiries. The                    
             taken to  assessment                               student                           
             address       of                                   government                        
            allegation allegations                              association                       

Attachment IV Attachment IV Attachment IV Attachment IV Attachment IV Attachment
    IV Attachment IV Attachment IV Attachment IV Attachment IV Attachment IV

                                    Page 79
       GAO-04-1041R DOJ Activities to Address Past Voting Irregularities
                                                                                                               The Voting    
                                                                                                               Section       
                                                                                                               closed the    
                                                                                                               matter in     
                                                                                                               April 2002.   
                                                                                                               The closing   
                                                                                                               memo noted    
                                                                                                               that the new  
                                                                                                The evidence   statute       
                                                                                                gathered by    appears to    
                                                                                                the Voting     require no    
                                                                                                Section showed additional    
                                                                                                that the       procedures    
                                                                                                matching at    for accurate  
                                                                                                the state      name matching 
                                                                                                level was set  compared to   
                                                                                                up in a way    the old law.  
                                                                                                that it        It also noted 
                                                                                                captured names that the new  
                                                                                                that were less statute       
                                                                                                than definite  appeared to   
                                                                                The Voting      matches. The   codify a      
                                                                  2. Beginning  Section         Voting Section procedure     
                                                                  in 1999,      reviewed        also learned   used by many  
                                                                  under Florida testimony from  that after     counties      
                                                                  state law,    Florida         receiving the  under prior   
                                                                  the state     election        stategenerated law where     
                                                                  contracted    officials and   list,          voters whose  
                                                                  with a firm   representatives counties'      names are     
                                                                  to compare    of the company  actions        matched by    
                                                                  names of      that compiled   varied. For    the state     
                                                                  registered    the database    example, some  must          
                                                                  voters with   and obtained    counties       affirmatively 
                                                                  names of      information on  refused to use prove their   
                                                                  convicted     how the lists   the list       eligibility   
                                                                  felons who    of felons'      because they   to avoid      
                                                                  under Florida names were      perceived it   removal.      
                                                                  law were      matched to      to contain     However, the  
                                                                  disqualified  voter           many errors.   Voting        
                                                                  from voting.  registration    Other counties Section       
                                                                  The state     lists. The      sent letters   closing memo  
                                                                  elections     Voting Section  to all the     also noted    
                                                                  division sent also did        people on the  that the new  
                                                                  lists of      extensive       state's list   voter purge   
                                                                  felon names   additional      telling them   procedures    
                                                                  for each of   investigation   that their     (which        
                                                                  Florida's 67  to determine    names were     included the  
Description                                                       counties to   whether the     matched to     assurances    
based on                        Disposition                    election      method in which those of       made by the   
     Voting                        by Voting                      officials in  Florida         disqualified   Attorney      
    Section                        Section                        those         compiled a list felons, and    General of    
information                                                       counties for  of felons and   they would be  Florida to    
                                                                  investigation how they purged required to    protect       
                                                                  and purging.  these felons    show their     voters from   
                                                                  The Voting    violated any of eligibility to erroneous     
                                                                  Section was   the statutes    vote or be     purging) had  
                                                                  concerned     enforced by the removed from   been          
                                                                  that county   Voting Section. the rolls. The precleared on 
                                                                  and state     In addition,    Voting Section March 28,     
                                                                  actions with  the Voting      determined     2002. It      
                                                                  regards to    Section         that evidence  further       
                                                                  the purging   reviewed        gathered for   stated that   
                                                                  process may   Florida's 2001  this matter    the Florida   
                                                                  have been     election reform was            felon purge   
                                                                  flawed and    law pursuant to inconclusive,  statute in    
                                                                  impermissible Section 5 of    but showed     effect at the 
                                                                  under NVRA.   the Voting      there was a    time of the   
                                                                  The Voting    Rights Act.     possibility    2000 election 
                                                                  Section       This review     that voters    no longer     
                                                                  questioned    included        could have     existed and   
                                                                  whether       provisions of   been removed   that any      
                                                                  eligible      the new law     in violation   litigation    
                                                                  voters had    related to the  of federal     against it    
                                                                  been          voter purge     law. With      based on how  
                                                                  inadvertently procedures that respect to the that law was  
                                                                  removed from  were the        Section 5      implemented   
                                                                  the voter     subject of the  review of the  would be      
                                                                  rolls.        investigation.  2001 election  moot. Based   
                                                                                                reform law,    on these two  
                                                                                                this law was   factors, the  
                                                                                                precleared on  matter was    
                                                                                                March 28, 2002 closed. The   
                                                                                                after careful  memo also     
                                                also posted and                                 review.        stated that   
                                                distributed                                     Preclearance   the Voting    
                                                flyers and sent                                 was granted    Section may   
                                                out internet                                    only after     open a new    
                                                notices with                                    receiving      investigation 
                                                the attorney's                                  explicit       depending on  
                                                contact                                         assurances     any           
                                                information.                                    from the       information   
                                                Neither the                                     Attorney       received      
                                                attorney nor                                    General of     regarding the 
                                                the student                                     Florida        operation of  
              Voting                            association at                                  describing how the new       
            Section's    Voting                 FAMU received                                   the law would  statute and   
             actions    Section's               additional                                      be implemented related       
             taken to  assessment               allegations of                                  with respect   regulations.  
             address       of                   voting                                          to voter purge Finally, the  
            allegation allegations              irregularities.                                 lists          closing memo  

                                    Page 80
       GAO-04-1041R DOJ Activities to Address Past Voting Irregularities
                                                 generated by                                                                                                              
                                                 the state                                                                                                                 
                                                 pursuant to                                                                                                               
                                                 the new state  also made                                                                                                  
                                                 law. These     note of                                          The Voting                                                
                                                 assurances     pending                                          Section                                                   
                                                 included (1) a litigation                        The            closed this                                               
                                                 statement that in the case                       investigation  matter                                                    
                                                 there would    of NAACP v.                       found that     because it                                                
                                                 not be a       Harris,                           Florida        found no                                                  
                                                 presumption in which       3. A        A Voting  counties with  evidence                                                  
                                                 favor of the   included    newspaper   Section   optical scan   indicating a                                              
                                                 accuracy of    allegations article     attorney  machines that  violation of                                    
                                                 the statewide  that the    provided to analyzed  activated the  federal law.                                    
                                                 database, and  voter purge DOJ by a    rates of  spoilage       Moreover,                                       
                                                 any            list used   member of   ballot    detection      election                                        
                                                 presumption    in 2000     the U.S.    spoilage  technology had reform                                          
                                                 would be in    violated    Senate      in        lower rates of legislation                                     
                                                 favor of the   the NVRA.   provided    counties  ballot         enacted in                                      
                                                 voter and (2)  Subsequent  information that had  spoilage than  Florida in                                      
                                                 the appearance to the      that        disabled  counties that  May of 2001                                     
                                                 of a voter's   April 2002  officials   the       did not have   requires all                                    
                                                 name on any    closing of  in several  spoilage  or did not use counties to                                     
                                                 voter purge    this        Florida     detection the            acquire                                         
Description                                      list of        matter, a   counties    function  technology.    voting                                          
based on                        Disposition   potentially    settlement  disabled a  in their  Some counties  machines with                                   
     Voting                        by Voting     ineligible     was reached feature in  optical   that had this  precinctbased                                   
    Section                        Section       voters         in this     optical     scan      detection      spoilage                                        
information                                      generated by   case which  scan voting machines  feature        detection                                       
                                                 the state      required    machines    and       disabled it on technology by                                   
                                                 would not by   new         used during compared  their voting   September                                       
                                                 itself confirm procedures  the         those     machines.      2002. The                                       
                                                 a voter's      for how the November    rates to  There were     election                                        
                                                 ineligibility, state was   2000        those of  also isolated  reform law                                      
                                                 and that the   to complete election to ballot    instances      also requires                                   
                                                 burden of      its voter   detect      spoilage  where the      counties to                                     
                                                 determining    purge lists ballots     in        technology was activate this                                   
                                                 ineligibility  in the      spoiled by  counties  either         technology                                      
                                                 was on county  future.     over-voting that had  disabled or    during                                          
                                                 supervisors of This change and allow   not       failed to      voting. The                                     
                                                 elections, a   in voter    voters to   disabled  function       Attorney                                        
                                                 burden which   purging     correct the this      properly. The  General,                                        
                                                 must meet the  procedures  error.      function. Voting Section under Section                                         The
                                                 highest degree was                               determined     5 of the VRA,                                      Voting
                                                 of proof.      precleared                        that there was precleared        4. The                Several   Section
                                                 These          under                             no evidence    election            U.S. The Voting    analyses concluded
                                                 assurances     Section 5                         that the       procedures    Commission Section      suggested      that
                                                 were           of the                            disabling of   provided for    on Civil reviewed the  patterns there was
              Voting                             specifically   Voting                            this feature   in this           Rights findings of  of racial  no basis
            Section's    Voting                  noted when     Rights Act                        was done with  legislation.    issued a the          disparity       for
             actions    Section's                preclearance   in 2003.                          a                                report Commission's    in the  bringing
             taken to  assessment                was issued by                                    discriminatory               that posed report          ballot a Section
             address       of                    the Voting                                       effect or                     questions regarding    rejection 2 lawsuit
            allegation allegations               Section.                                         purpose.                      regarding ballot       practices   against

                                    Page 81
       GAO-04-1041R DOJ Activities to Address Past Voting Irregularities
                                                                                        Florida on                                                          
                                                                                        the basis of                                                        
                                                                                        the evidence                                                        
                                                                                        of racial                                                           
                                                                                        disparities                             Based on                    
                                                                                        found in                  The Voting    information                 
                                                                                        spoilage                  Section       that the                    
                                                                                        rates.                    opened a      county                      
                                                                                        Furthermore,              matter and    provided, the               
                                                                                        it was                    looked into   Voting                      
                                                                         of a few       determined                the county's  Section found               
                                                                         Florida        that because              compliance    that the                    
                                               spoiled                   counties       Florida's                 with the      county                      
                                               ballots in                during one     2001                      Voting        conducted                   
                                               Florida                   election.      election                  Accessibility polling place               
                                               during the                However, the   reform law                for the       surveys in                  
                                               November                  Voting Section required new              Elderly and   1999 and      As a result   
                                               2000                      determined     election                  Handicapped   conducted     of the        
                                               election.                 that the       machines,                 Act (VAEHA).  another       problems      
                                               The                       disparity      significant               The Voting    survey        experienced   
                                               Commission   rejection    alone did not  steps had                 Section sent  devised to    in the 2000   
                                               questioned   disparity    meet the       been taken                a letter to   address the   election, the 
                                               whether the  and several  standards for  by Florida                the Broward   problem of    Florida       
                                               racial       newspaper    a Section 2    towards                   County        disabled      legislature   
                                               disparity in studies of   lawsuit. The   remedying                 Supervisor of voters'       enacted       
                                               spoiled      the spoilage Voting Section the election 5. DOJ       Elections     access to the changes to    
                                               ballots that issue. It    noted that     problems     received     requesting    polls. The    its           
                                               occurred in  then         more           with respect allegations  specific      investigation accessibility 
                                               Florida in   prepared a   investigation, to voting    of           information   revealed that requirements  
Description                                    2000 was a   factual and  analysis, and  machines.    inaccessible regarding     the people    for polling   
based on                        Disposition violation of legal        careful        The Voting   polling      procedures in conducting    places and
     Voting                        by Voting   Section 2 of analysis of  thought would  Section also places and   place to      the surveys   voting
    Section                        Section     the Voting   issues       have to be     concluded    voting       ensure the    had no        machines. In
information                                    Rights Act.  raised in    given to the   that it      booths in    physical      training in   light of this
                                               The          the          causes of      would make   Broward      accessibility accessibility and the
                                               Commission   Commission's ballot         sense to     County,      of polling    standards.    Voting
                                               stated that  report to    rejection      monitor the  Florida.     places for    The county    Section's
                                               the U.S.     determine if problems in    actions of                federal       provided the  determination
                                               Department   a Section 2  Florida, the   Florida and               elections     Voting        that the new
                                               of Justice   violation    actual level   its counties              pursuant to   Section       Florida law
                                               (DOJ) should had          of racial      over the                  VAEHA.        attorney with went further
                                               specifically occurred.    disparities,   subsequent                Attorneys     a memo and a  than the
                                               investigate               and the role   few years to              from the      plan stating  requirements
                                               whether the               played by      see whether               Voting        that Florida  in VAEHA, the
                                               racial                    state and      they would                Section and   intended to   investigation
                                               disparity in              county         follow                    the Civil     purchase new  was closed.
                                               spoiled                   officials      through in                Rights        touch-screen  
                                               ballots                   before a       acquiring                 Division's    voting        
                                               violated                  decision could new voting                Disability    machines with 
                                               Section 2.                be made        machines                  Rights        an audio      
                                                                         concerning a   with error                Section met   component for 
                                                                         Section 2      detection                 with the      the blind or  
                                                                         violation.     technologies              county        visually      
                                                                                        and                       supervisor of impaired,     
                                                                                        educating                 elections and with one such 
                                                                                        voters to                 the           voting        
                                                                                        see what                  supervisor's  machine       
              Voting                                                                    impact such               attorney to   available per 
            Section's    Voting                                                         actions                   discuss       precinct.     
             actions    Section's                                                       would have                physical                    
             taken to  assessment                                                       on ballot                 accessibility               
             address       of                                                           rejection                 of polling                  
            allegation allegations                                                      rates.                    places and                  

                                    Page 82
       GAO-04-1041R DOJ Activities to Address Past Voting Irregularities
                                                purchase of                                                                                                        
                                                new voting                                                                                                         
                                                machines. The                                                                                                      
                                                Voting                                                                                                             
                                                Section and                                                                                                        
                                                Disability                                                                                                         
                                                Rights                                                                                                             
                                                Section's                                                                                                          
                                                attorneys                                                                                                          
                                                requested                                                                                                          
                                                documentation                                                                                                      
                                                such as                                                                                                            
                                                copies of                                                                                                          
                                                county                                                                                                             
                                                surveys                                                                                                            
                                                covering        6. It was                                                                                          
                                                accessibility   alleged that                                                                                       
                                                procedures, a   a crowd of                                                                                         
                                                list of         persons                                                                                            
                                                polling place   attempted to                                                                                       
                                                changes         intimidate                                                                                         
                                                spurred by      election                 Based on                                                                  
                                                accessibility   officials on             the                                                                       
                                                concerns; a     the                      information                                                               
                                                list of         canvassing               gathered,                                                                 
                                                disability      board of                 the Voting                                                                
                                                community       Miami-Dade               Section                                                                   
                                                contacts with   County,       The Voting determined                                                      
                                                whom            Florida,         Section that no                                                         
                                                officials       during the      attorney cause of       The Voting                                       
                                                from the        presidential    reviewed action            Section                                       
Description                                     office of the   vote recount         the existed         concluded                                       
based on                        Disposition  county          after the    allegations under the         that no                                       
     Voting                        by Voting    supervisor of   November      along with civil             further                                       
    Section                        Section      elections       2000            numerous enforcement investigation                                       
information                                     met, and        election. It accounts of provisions  was warranted                                       
                                                procedures      was alleged  events that of the         and closed                                       
                                                for             that this     transpired federal       the matter.                                       
                                                reassignment    group's        that day. voting laws                                                     
                                                or curbside     activities               that the                                                        
                                                voting. The     at the                   Voting                                                          The
                                                county          county                   Section is                                                      Voting
                                                provided both   courthouse               charged                                                         Section
                                                attorneys       during the               with                                                            closed
                                                with a          recount                  enforcing.                                          The         the
                                                demonstration   intimidated                                                                  discussions matter
                                                of the new      the                                                                          that the    because
                                                touch-screen    canvassing                                                       The Voting  Voting      it lacked
                                                voting          board into                                                       Section     Section     merit.
                                                machines with   abandoning                                                       attorney    conducted   According
                                                an audio        the recount.                                                     examined    with        to the
                                                component for                                                                    voter       counsel for Voting
                                                the blind or                                                       7. There were turnout     Miami-Dade  Section,
                                                visually                                                           allegations   data for    County      the
                                                impaired. The                                                      made after    the two     indicated   evidence
                                                Voting                                                             the November  precincts   that all of that the
                                                Section                                                            2000 election in          the         Voting
                                                attorney also                                                      that ballot   question.   county's    Section
                                                contacted the                                                      boxes in two  The Voting  ballot      collected
                                                county                                                             predominantly Section     boxes had   made it
                                                supervisor of                                                      minority      attorney    been        seem
              Voting                            election's                                                         precincts in  also held   accounted   doubtful
            Section's    Voting                 attorney                                                           Miami-Dade    discussions for on that that
             actions    Section's               requesting                                                         County,       with the    day.        there
             taken to  assessment               information                                                        Florida, had  First       According   were any
             address       of                   on VAEHA                                                           not been      Assistant   to the      missing
            allegation allegations              compliance.                                                        picked up on  County      county      ballot

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       GAO-04-1041R DOJ Activities to Address Past Voting Irregularities
                                                                                                                    Thirty federal                    
                                                                                                                    observers                         
                                                                                                                    monitored                         
                                                                                                                    activities at 31                  
                                                                                                                    polling places                    
                                                                                                                    in Bronx County                   
                                                                                      8. The                        and 12 polling                    
                                                                                      Voting                        places in                         
                                                                                      Section                       Brooklyn County                   
                                                                                      opened this                   during the                        
                                                                                      matter in                     municipal                         
                                                                                      August 2001                   general                           
                                                                                      to initiate                   elections. Three                  
                                                                                      the                           staff members                     
                                                                                      monitoring   In pre-election  from DOJ's Civil                  
                                                                                      of an        activities, two  Rights Division                   
                                                                                      election in  Civil Rights     and one AUSA for                  
                                                                                      New York     Division         the Southern                      
                                                                                      City in      attorneys met    District of New                   
                                                                                      November     with officials   York traveled                     
                                                                                      2001 on the  from the New     with the         The Voting       
                                                                                      basis of     York City Board  observers to     Section closed   
                                                                                      observations of Elections to  provide          the matter       
                                                                    supervisor        made during  discuss concerns additional       because the      
                                                                    of                the November about            monitoring. Two  monitoring of    
                                                                    elections,        2000         preparations for Voting Section   the election was 
                                                                    the boxes         election.    the election,    staff members    completed.       
                                                                    that were         Thirty       including the    visited six      Voting Section   
                                                                    later             federal      need for poll    polling places   staff could not  
                                                                    located in        observers    worker training  in both          comprehensively  
                                                                    the two           and seven    for the          counties. During identify failure 
                                                                    precincts         DOJ staff    election, the    the election,    by individual    
                                                                    contained         members      need for voting  observers found  poll workers to  
                                                                    election          monitored    machines to      that materials   post or provide  
                                                         Attorney   supplies,         polling      accommodate the  to be displayed  all materials to 
                                               Election  in         not               place        number of        to inform        Spanishspeaking  
                                               Day, and  Miami-Dade ballots.          procedures   registered       Spanish-speaking voters because   
Description                                    that they County,    Analysis          during       voters, the need voters of        of the large     
based on                        Disposition were      who in     of data           municipal    for              assistance to    number of        
     Voting                        by Voting   allegedly turn       from the   boxes. general      Spanish-language interpret the    election
    Section                        Section     later     contacted  two               elections in voter            ballot were not  districts-nearly
information                                    found in  the county precincts         2001 in      registration     always clear or  2,000-and the
                                               the       supervisor indicated         Kings County materials for    in public view   small number of
                                               polling   of         that both         (also known  poll workers to  at nearly half   observers.
                                               places.   elections. precincts         as Brooklyn) distribute       of the polling   However, the
                                                                    reported          and in Bronx minority         places in both   Voting Section
                                                                    voter             County. The  language         counties. The    found that the
                                                                    turnout           Attorney     assistance, and  Board of         Board of
                                                                    rates in          General had  consolidation of Election         Elections was
                                                                    the               previously   polling places.  officials were   very responsive
                                                                    expected          certified    A Voting Section informed of this to all of the
                                                                    range             both         attorney also    and took action. Voting Section's
                                                                    given the         counties for attended four    These officials  concerns and
                                                                    county's          federal      pollworker       noted that it    sent Board
                                                                    overall           observers    training         was up to each   officials to
                                                                    turnout           pursuant to  classes. After   polling place    places where
                                                                    rate.             Section 6 of the election,    inspector to     problems arose,
                                                                                      the Voting   the Voting       display the      usually within
                                                                                      Rights Act.  Section          materials they   30 minutes.
                                                                                      Also, 17     attorneys met    are given. Poll  
                                                                                      federal      with several     workers were     
                                                                                      observers    Board of         observed asking  
                                                                                      and 5 Voting Elections        voters for       
                                                                                      Section      officials to     identification,  
                                                                                      attorneys    debrief them.    which was in     
                                                                                      monitored                     violation of New 
                                                                                      polling                       York State law;  
                                                                                      place                         Board of         
                                                                                      procedures                    Election         
                                                                                      during the                    officials were   
                                                                                      general                       notified of this 
                                                                                      election in                   and went to the  
                                                                                      2002 in                       polling place to 
                                                                                      Brooklyn.                     address the      
              Voting                                                                                                issue. DOJ       
            Section's    Voting                                                                                     monitors did not 
             actions    Section's                                                                                   witness any      
             taken to  assessment                                                                                   Spanish-speaking 
             address       of                                                                                       poll workers at  
            allegation allegations                                                                                  the 12           

                                    Page 84
       GAO-04-1041R DOJ Activities to Address Past Voting Irregularities
                                                                                                 Voting                         
                                                                                                 Section staff                  
                                                                                                 wrote to the                   
                                                                                                 Voter                          
                                                                                                 Registration                   
                                                                                                 and Election                   
                                                                                                 Commission                     
                                                                                                 for                            
                                                                                                 Georgetown                     
                                                                                                 County                         
                                                                                                 outlining the                  
                                                 polling                                         allegations                    
                                                 locations                                       concerning                     
                                                 visited in                                      the rude                       
                                                 Brooklyn;                                       treatment by                   
                                                 this was       9. The Voting                    the poll                       
                                                 discussed      Section received                 worker and                     
                                                 with Board of  an allegation    The Voting      the Voting                     
                                                 Election       from an          Section         Section's                      
                                                 officials;     African-American attorney        findings and                   
                                                 however, DOJ   voter that a     interviewed     asked the                      
                                                 officials      supervisor at a  officials with  commission                     
                                                 found that     voting precinct  the Georgetown  how it        The Voting       
                                                 appropriate    in Georgetown    County Board of planned to    Section closed   
                                                 language       County, South    Registration    respond. The  the matter on    
                                                 assistance     Carolina,        and Elections,  county's      March 9, 2004.   
                                                 was available  discriminated    representatives Voter         As of that date,
                                                 in both        against          of the          Registration  the Voting
                                                 counties.      African-American Republican and  and Election  Section had not
                                                 Seventeen      voters during    Democratic      Commission    received
                                                 federal        the 2000         parties,        responded in  additional
                                                 observers and  presidential     voters, and an  writing that  complaints
Description                                      five           election. The    attorney        the election  concerning the
based on                        Disposition   attorneys      voter alleged    representing    supervisor    treatment of
     Voting                        by Voting     from the       that the         the county. The was informed  African-American
    Section                        Section       Civil Rights   supervisor       Voting Section  by letter     voters in
information                                      Division       treated          attorney also   that she      Georgetown
                                                 monitored      African-American interviewed an  would be      County or about
                                                 polling place  voters in a rude official who    reassigned to voting
                                                 procedures     and              managed the     another       registration
                                                 during the     discriminating   Georgetown      precinct and  issues
                                                 general        manner. In       County DMV      not permitted previously
                                                 election in    talking to the   office          to serve in a investigated.
                                                 Kings County.  complainant and  regarding the   supervisory   According to the
                                                 The Voting     others, it was   second-hand     capacity for  complainant, the
                                                 Section        learned that     allegations     the June 11,  election held on
                                                 attorney who   there were also  from a          2002,         June 11,2002,
                                                 attended four  alleged voter    Democratic      election. She went smoothly.
                                                 poll-worker    registration     party           decided not   
                                                 training       problems during  representative  to work the   
                                                 classes found  the 2000         regarding       June 2002     
                                                 that the       election related possible        election.     
                                                 classes        to precinct      registration    Other issues  
                                                 appropriately  changes and the  problems at the examined in   
                                                 addressed      local DMV.       local DMV.      this          
                                                 minority                        After           investigation 
                                                 language                        interviewing    were not      
                                                 issues and                      the DMV         raised with   
                                                 assistance.                     official and    the county in 
                                                                                 examining the   this letter.  
                                                                                 forms that the  With respect  
                                                                                 DMV provides to to the        
                                                                                 drivers         precinct      
                                                                                 applying for    change        
              Voting                                                             new licenses to allegations,  
            Section's    Voting                                                  simultaneously  the Voting    
             actions    Section's                                                allow them to   Section       
             taken to  assessment                                                register to     learned that  
             address       of                                                    vote, the       confusion as  
            allegation allegations                                               Voting Section  to proper     

                                    Page 85
       GAO-04-1041R DOJ Activities to Address Past Voting Irregularities
                                                attorney                                                                   
                                                noted that                                                                 
                                                the form on                                                                
                                                the DMV                                                                    
                                                driver's                                                                   
                                                license                                                                    
                                                application                                                                
                                                did not                                                                    
                                                contain a                                                                  
                                                box for                                                                    
                                                people to                                                                  
                                                check if                                                                   
                                                they wanted                                                                
                                                to register                                                                
                                                to vote and                                                                
                                                that this                                                                  
                                                might not    voting                                                        
                                                adhere to    precincts                                                     
                                                the NVRA     was likely                                                    
                                                provision    the result                                                    
                                                for a        of a change                                                   
                                                simultaneous in the                                                        
                                                process to   method of                                                     
                                                apply for a  identifying                                                   
                                                driver's     addresses                                        The Voting   
                                                license and  of voters.                                       Section      
                                                register to  With                                             attorney     
                                                vote. In     respect to                                       suggested    
                                                addition, in allegations                                      that the     
                                                the          about the                                        town should  
                                                interview    DMV                                              make an      
                                                with the     procedures,  10. The     A Voting                effort to    
                                                employee in  the Voting   Voting      Section                 educate      
                                                the local    Section      Section     attorney                voters of    
                                                DMV office,  received no  received a  visited                 district     
                                                the Voting   complaints   complaint   Seagraves               boundaries
                                                Section      from voters  alleging    and the                 by methods
                                                attorney     who          that the    Seagraves               other than
                                                learned that indicated    Seagraves   Independent             newspaper
Description                                     they may     that the     Independent School      Information advertising.
based on                        Disposition  have been    alleged      School      Board. The  in a        Subsequent
     Voting                        by Voting    only asking  problems at  District    Voting      newspaper   to the
    Section                        Section      people       the DMV      and the     Section     article     election,
information                                     applying for existed or   City of     also        indicated   the city of
                                                new drivers' resulted in  Seagraves,  contacted a that the    Seagraves
                                                licenses,    denying      both in     newspaper   allegations sent a map
                                                not people   them the     Texas, held to review   were        of district
                                                renewing     right to     elections   published   untrue, and boundaries
                                                their        vote. In     without     articles    that all    and
                                                licenses, if addition,    bilingual   regarding   election    candidates
                                                they wanted  after the    judges or   the school  material    running in
                                                to register  examination  bilingual   board       was         each
                                                to vote.     of the DMV   training.   election.   produced in district to
                                                However,     forms and                            English and each city
                                                this         interview                            Spanish.    household.
                                                employee     with the                             The Voting  The Voting
                                                further      local DMV                            Section     Section
                                                informed the employee,                            attorney    closed the
                                                Voting       it was                               was told    matter.
                                                Section      concluded                            that        
                                                attorney     that there                           confusion   
                                                that in      did not                              existed for 
                                                October 2000 appear to                            all voters  
                                                she received be a                                 because of  
                                                instructions violation                            the present 
                                                from the     of the                               districting 
                                                head of the  NVRA.                                system. The 
                                                state DMV to                                      Seagraves   
                                                ask every                                         City        
                                                person who                                        Secretary   
                                                was applying                                      wrote a     
                                                for a                                             letter to   
                                                driver's                                          the Voting  
                                                license                                           Section     
                                                whether he                                        attorney    
                                                or she                                            stating     
                                                wished to                                         that each   
                                                register to                                       year the    
              Voting                            vote, and                                         city names  
            Section's    Voting                 she followed                                      a Hispanic  
             actions    Section's               that                                              judge who   
             taken to  assessment               instruction                                       is also     
             address       of                   through the                                       bilingual.  
            allegation allegations              election.                                         The City    

                                    Page 86
       GAO-04-1041R DOJ Activities to Address Past Voting Irregularities
                                                                                               Evidence                                                                                   
                                                                                               gathered during                                                                            
                                                                                               the                                                                                        
                                                                                               investigation                                                                              
                                                                                               demonstrated                                                                               
                                                                                               that                                                                                       
                                                                                               Creolespeaking                                                                             
                                                                                               Haitian-American                                                                           
                                                                                               voters at                                                                                  
                                                                                               several                                                                                    
                                                                                               precincts were                                                                             
                                                                                               denied           A consent order                                                           
                                                                                               assistance from  was entered into                                                          
                                                               11. During the   After a full   persons of their on June 17,                                                               
                                                               November 2000    investigation, choice in        2002, that, in                                                            
                                                               election,        the Voting     violation of     part, prohibited                                                          
                                                               Miami-Dade       Section        Section 208 of   the county from                                                           
                                                               County, Florida, initiated      the Voting       denying                                                                   
                                                               allegedly        litigation     Rights Act.      Haitian-American                                                          
                                                               engaged in       against        Oftentimes, only voters                                                                    
                                                               practices that   Miami-Dade     poll workers,    assistance from                                                           
                                                               prevented the    County because who did not      persons of their                  After                                   
                                                               county's         of its alleged speak Creole,    choice and                        investigating            
                                                               Creolespeaking   violation of   were permitted   mandated that                     these                    
                                                               Haitian-American Section 208 of to assist the    the county take                   allegations,      In the 
                                                               voters with      the Voting     voters, and they certain steps to                  DOJ filed a   complaint, 
                                                               limited ability  Rights Act.    limited their    prevent                           complaint in  the Voting 
                                                               to speak English Prior to       assistance to    violations of                     the U.S.         Section 
Description                                                    from securing    initiating     voter            Section 208 and                   District         alleged 
based on                        Disposition                 assistance at    litigation,    demonstrations   to redress the                    Court for the       that 
     Voting                        by Voting                   the polls. In    the Voting     outside the      harm caused                       Middle            Orange 
    Section                        Section                     circumstances    Section        voting booths.   these voters,                     District of       County 
information                                                    where the county conducted an   The Voting       such as                           Florida on      violated 
                                                               permitted voter  investigation  Section did not  modifying poll                    June 28,             VRA 
                                                               assistance from  of the         find evidence    worker training                   2002, and       Sections 
                                                               persons of the   county's voter that             to include                        entered into     203 and 
                                                               voters' choice,  assistance     noncompliance    instruction on                    a consent           208. 
                                                               the scope of the practices      with Section 208 how to handle                     decree with              
                                                               assistance was   during the     was the result   requests for                      Orange County            
                                                               limited (e.g.,   2000 election. of intentional   language                          on October 9,            
                                                 Secretary     standing next to DOJ filed a    discrimination.  assistance. The  12. As described 2002.                    The case is
                                                 also          voters during    complaint with In this regard,  consent order is in DOJ's                                  open to
                                                 provided the  poll worker      the U.S.       it was noted     in effect        complaint, DOJ                            monitor
                                                 Voting        demonstrations)  District Court that the         through          alleged that                              implementation
                                                 Section       and of little    in the         Miami-Dade Board December. 31,    various election                          of the consent
                                                 attorney      value to voters  Southern       of County        2005. The case   practices and                             decree. The
                                                 with minutes  once they        District for   Commissioners    is open to       procedures in                             consent decree
                                                 of prior      entered the      Florida on     passed           monitor          Orange County,                            permits DOJ to
                                                 city council  voting booths.   June 7, 2002.  ordinances in    implementation   Florida,                                  monitor
                                                 meetings                                      1999 and 2000    of the consent   unlawfully                                elections in
                                                 highlighting                                  mandating that   order.           denied or                                 Orange County
                                                 the                                           Haitian-Creole                    abridged the                              from October
                                                 nomination                                    ballot                            voting rights of                          9, 2002 until
                                                 and approval                                  translations be                   Spanish-speaking                          January 31,
                                                 of the                                        available in                      citizens. The                             2005. The
                                                 election                                      voting booths                     challenged                                consent decree
              Voting                             judges, and                                   located at                        practices                                 also mandates
            Section's    Voting                  a sample                                      precincts where                   concerned the                             policies and
             actions    Section's                ballot                                        "significant"                     alleged failure                           procedures
             taken to  assessment                printed in                                    numbers of                        of the county                             that Orange
             address       of                    both English                                  Haitian-American                  to: (1) provide                           County must
            allegation allegations               and Spanish.                                  people vote.                      an                                        adopt with

                                    Page 87
       GAO-04-1041R DOJ Activities to Address Past Voting Irregularities
                                                                                   13. As described                                                                                                       
                                                                                   in DOJ's                                                                                                               
                                                                                   complaint, DOJ                                                                                                         
                                                                                   alleged that                                                                                                           
                                                                                   Osceola County,                                                                                                        
                                                                                   Florida, engaged                          The case is open                                                             
                                                                                   in various                                to monitor                                                                   
                                                                                   election                                  implementation                                                               
                                                                                   practices and                             of the consent                                                               
                                                                                   procedures that                           decree. The                                                                  
                                                                                   unlawfully                                consent decree                                                               
                                                                                   denied                                    allows DOJ to                                                                
                                                                                   Spanishspeaking                           monitor                                                                      
                                                                                   citizens an                               elections held                                                               
                                                                                   opportunity                               in Osceola                       After                                       
                                                                                   equal to that of                          County from the                  extensive      In the                       
                                                                                   other citizens                            date of the                      investigation, complaint, the               
                                                                                   to vote. The                              consent decree                   which included Voting Section               
                                                                                   challenged       After                    through January       14. It was the monitoring alleged that                 
                                                                  regards to       practices        investigating            31, 2005. It       alleged that, of several     actions                      
                                                                  treatment of     concerned: (1)   the matter,              specifies          in conducting elections held contributing to              
                                                                  Spanish-speaking the failure of   DOJ filed a              procedures that     elections in in the county, the denial by                
                                                                  voters. The      poll officials   complaint in      In the the Osceola        Reading City, the Voting     Berks County to              
                                                                  consent decree   to communicate   the U.S.      complaint, County Board of    Pennsylvania, Section        provide         On July 17,  
                                                                  is valid until   effectively to   District      the Voting Elections must      Berks County initiated      Hispanic        2003, DOJ    
Description                                                       January 31,      Spanish-speaking Court for the    Section implement with   denied Hispanic litigation     citizens with   filed a      
based on                        Disposition                    2005. DOJ did    voters necessary Middle           alleged regards to the     citizens with against Berks  limited English motion for   
     Voting                        by Voting                      not contend that information      District of         that treatment of     limited English County because proficiency an  (1)          
    Section                        Section                        Orange County's  concerning their Florida on       Osceola Spanishspeaking   proficiency an of its alleged equal           permanent    
information                                                       failure to       eligibility to   June 28,          County voters and                 equal violation of   opportunity to  injunction   
                                                                  adhere to VRA    vote, voter      2002, and       violated efforts the       opportunity to several        participate in  and entry of 
                                                                  Sections 203 and registration     entered into         VRA county must       participate in provisions of  the political   final        
                                                                  208 was the      status,          a consent     Sections 2 engage in to       the political the Voting     process and     judgment     
                                                                  result of        identification   decree with     and 208. facilitate           process and Rights Act.    elect the       that sought
                                               adequate number    intentional      requirements,    Osceola                  voting by              elect the DOJ filed a    representatives to
                                               of bilingual       discrimination.  and polling      County on                Spanish-speaking representatives complaint with of their choice permanently
                                               poll workers                        place changes    July 22,                 voters. The             of their the U.S.       included the    enjoin the
                                               trained to                          and assignments; 2002.                    consent decree           choice. District Court following: poll county's
                                               assist Hispanic                     (2) the refusal                           is valid through                 for the        officials       conduct of
                                               voters on                           of poll                                   January 31,                      Eastern        directed        elections
                                               Election Day;                       officials to                              2005. DOJ did                    District       hostile remarks using
                                               (2) ensure that                     allow certain                             not contend that                                                policies,
                                               poll officials                      Spanishspeaking                           Osceola County                                                  practices,
                                               allow                               voters                                    intended to deny                                                procedures,
                                               Spanish-speaking                    assistance in                             Spanishspeaking                                                 and methods
                                               voters to have                      voting by                                 voters an equal                                                 that violate
                                               persons of their                    persons of their                          opportunity to                                                  certain VRA
                                               choice assist                       choice; and (3)                           participate in                                                  requirements
                                               them in casting                     hostile remarks                           the political                                                   and (2) the
                                               their ballots;                      by poll                                   process.                                                        court to
              Voting                           and (3)                             officials                                                                                                 issue an
            Section's    Voting                translate                           directed towards                                                                                          order
             actions    Section's              certain written                     Hispanic voters                                                                                           authorizing
             taken to  assessment              election                            with limited                                                                                              OPM to
             address       of                  materials into                      English                                                                                                   appoint
            allegation allegations             Spanish.                            proficiency.                                                                                              federal

                                    Page 88
       GAO-04-1041R DOJ Activities to Address Past Voting Irregularities
                                                                                         15. As                                                 
                                                                                         described in                                           
                                                                                         DOJ's                                                  
                                                                                         complaint, DOJ                                         
                                                                                         alleged that                                           
                                                                                         the state of                                           
                                                                                         Tennessee                                              
                                                                                         engaged in                                             
                                                                                         practices that                                         
                                                                                         unlawfully                                             
                                                                                         denied certain                                         
                                                                                         citizens full                                          
                                                             at, and acted in            and complete                                           
                                                             a hostile manner            opportunities                                          
                                                             toward, Hispanic            to register to                                         
                                                             voters to deter  examiners  vote in                                 The case is    
                                                             them from voting pursuant   elections for                           open to        
                                                             and make them    to VRA to  federal office                          monitor        
                                                             feel unwelcome   serve in   as mandated by                          implementation 
                                                             at the polls;    Berks      NVRA. The                               of the consent 
                                                             poll officials   County     challenged     After                    decree. The    
                                                             engaged in       through    practices      investigating            consent decree 
                                                             election         June 30,   included the   this matter,             requires the   
                                                             practices        2007. The  failure of the DOJ filed a              state and      
                                                             including the    court      state and      complaint                state agencies 
                                                             failure to       granted    agency         against the       In the to develop     
                                                             communicate      the United officials to:  state of      complaint, uniform        
                                                             effectively with States'    (1) provide    Tennessee in  the Voting procedures     
Description                                               of Spanish-speaking motion on  applications   the U.S.         Section with regards   
based on                        Disposition  Pennsylvania voters regarding August 20, to register to District         alleged to the voter   
     Voting                        by Voting     on February necessary        2003. The  vote           Court of            that application
    Section                        Section         25, 2003. information      case       simultaneously Tennessee on   Tennessee process and
information                                                  about their      remains    with           September 27,   violated the
                                                             eligibility to   open for   applications   2002. On that provisions implementation
                                                             vote, voter      monitoring for motor      same day, the   in NVRA. of NVRA and
                                                             registration     and        vehicle        state of                 report
                                                             status,          several    driver's       Tennessee                progress to
                                                             identification   elections  licenses       entered into             DOJ annually
                                                             requirements,    have been  (including     a consent                while the
                                                             and polling      monitored  renewal        decree with              consent decree
                                                             place changes    since      applications); DOJ.                     is in effect.
                                                             and assignments, entry of   (2) request                             The consent
                                                             and turning away the        only the                                decree expires
                                                             Hispanic voters  consent    minimum amount                          on August 1,
                                                             at the 2001 and  decree.    of information                          2005.
                                                             2002 elections;             necessary to                            
                                                             and Berks County            prevent                                 
                                                             failed to                   duplicate                               
                                                             recruit, train,             voter                                   
                                                             and maintain an             registration                            
                                                             adequate pool of            and enable                              
                                                             Hispanic and                state election                          
                                                             bilingual poll              officials to                            
                                                             officials                   assess the                              
                                                             despite their               eligibility of                          
              Voting                                         knowledge of the            the applicant                           
            Section's    Voting                              needs of                    and to                                  
             actions    Section's                            Hispanic voters             administer                              
             taken to  assessment                            with limited                voter                                   
             address       of                                English                     registration                            
            allegation allegations                           proficiency.                and other part                          

                                Voting Section's    Voting                    
    Description based on Voting actions taken to   Section's   Disposition by 
            Section information     address      assessment of Voting Section
                                   allegation     allegations  
of the election process; (3)                                
distribute voter                                            
registration applications                                   
with every application for                                  
public assistance or                                        
services to persons with                                    
disabilities; and (4)                                       
transmit completed voter                                    
registration applications in                                
a timely manner.                                            

Attachment IV

Election-Related Closed Preliminary Investigation and Matters and Closed
Cases Initiated during Calendar Year 2002

                                                      Date investigation  DJ  
No.          Preliminary            Jurisdiction   or matter          No.  
         Investigation/Matter/Case                    initiated          
    1                                   Hinds County,      November 2002   No 
           Preliminary investigation      Mississippi                    
                                           Apache and                         
    2   Matter (election monitoring) Navajo Counties,     September 2002  Yes
                                              Arizona                    
    3                                 Broward County,      November 2002  Yes 
        Matter (election monitoring)          Florida                    
    4                                   Duval County,      November 2002  Yes 
        Matter (election monitoring)          Florida                    
    5                         Matter          Georgia       October 2002 No d 
    6                         Matter        Minnesota       October 2002  Yes 
    7                         Matter       New Jersey       October 2002  Yes 
    8                                   Bexar County,       October 2002  Yes 
        Matter (election monitoring)            Texas                    
    9                         Matter  Hidalgo County,      December 2002  Yes 
                                                Texas                    
                                                       August 2002 (case      
10                           Case         Oklahoma filed in September  Yes
                                                                   2002) 
                                                        March 2002 (case      
11                           Case            Texas     filed in March  Yes
                                                                   2002) 

Source: DOJ Civil Rights Division.

d According to the Voting Section, this matter did not receive a DJ number
inadvertently.

Summary of Election-Related Closed Preliminary Investigation and Matters
and Closed Cases Initiated during Calendar Year 2002

                                    Page 90
       GAO-04-1041R DOJ Activities to Address Past Voting Irregularities
                                               1. The wife                                             
                                               of a soldier                                            
                                               from Hinds                                              
                                               County,                                                 
                                               Mississippi,                                            
                                               assigned to                                             
                                               Guantanamo,   A Voting                                  
                                               Cuba, alleged Section                                   
                                               that her      official                                  
                                               husband and   discussed the                             
                                               approximately allegation                                
                                               50 other      with an                                   
                                               soldiers from official in                               
                                               that county   the Federal                               
                                               did not       Voting                                    
                                               receive their Assistance                                
                                               absentee      Program                                   
                                               ballots in    (FVAP) under                              
                                               the mail.     the                                       
                                               Hinds County  Department of                             
                                               acknowledged  Defense       The AUSA told               
                                               receiving     (DOD), who    the soldier's               
                                               their         said that     wife that an  The Voting    
                                               requests in   someone in    investigation Section       
                                               mid-September Hinds County  revealed the  closed the    
                                               of 2002, and  told FVAP on  ballots had   preliminary   
                                               the circuit   November 20,  been lost in  investigation 
                                               clerk         2002, that    the mail. The after the     
                                               confirmed     about 20      FBI agent     AUSA          
                                               they were     ballots had   concluded     concluded,
                                               mailed in the been sent to  that the      and the
                                               first week of soldiers in   county        Voting
                                               October 2002. Guantanamo.   officials had Section
                                               The           Voting        mailed the    agreed, that
Description                                    Mississippi   Section staff ballots to    there was no
based on                           Disposition Secretary of  also phoned   the soldiers, basis for
Voting                              by Voting  State's       the AUSA in   but they had  bringing
Section                              Section   office        Jackson,      been lost or  charges
information                                    suggested     Mississippi,  disappeared.  against
                                               that the      and noted in  The private   anyone
                                               soldiers fax  a memo that   company that  involved in
                                               in federal    the AUSA had  processed     the handling
                                               ballots but   directed a    mail for the  of the
                                               was not sure  local Federal county told   ballots
                                               the ballots   Bureau of     the FBI agent because the
                                               would be      Investigation that they     ballots had
                                               counted. That (FBI) agent   were unable   been lost in
                                               office also   to interview  to check the  the mail and
                                               suggested to  the chancery  zip codes of  no further
                                               the soldier's clerk, the    mail          action was
                                               wife that she registrar,    processed on  needed.
                                               contact the   and all       a particular  
                                               Voting        others in the day.          
                                               Section. She  chain of                    
                                               reported to   custody of                  
                                               the Voting    the ballots.                
                                               Section that  The Voting                  
                                               soldiers from Section also                
                                               Madison and   discussed                   
                                               Rankin        asking FVAP                 
                                               counties,     to monitor                  
                                               also in       transit of                  
                                               Mississippi,  absentee                    
                                               did not       ballots to                  
                                               receive their soldiers from               
                                               ballots until Hinds and                   
                                               after the     Brandon                     
                                               election. She Counties                    
              Voting                           also                                      
            Section's    Voting                contacted the                             
             actions    Section's              Assistant                                 
             taken to  assessment              U.S. Attorney                             
             address       of                  (AUSA) for                                
            allegation allegations             Hinds County.                             

Attachment IV Attachment IV Attachment IV Attachment IV Attachment IV Attachment
                         IV Attachment IV Attachment IV

                                    Page 91
       GAO-04-1041R DOJ Activities to Address Past Voting Irregularities
                                                            2. On November                                              
                                                            5, 2002,                                                    
                                                            federal                                                     
                                                            election                                                    
                                                            observers and                                               
                                                            Voting Section                                              
                                                            staff monitored                                             
                                                            polling place                                               
                                                            activities at                                               
                                                            21 locations in                                             
                                                            Apache and                                                  
                                                            Navajo                                                      
                                                            Counties,                                                   
                                                            Arizona. The                                                
                                                            Attorney                                                    
                                                            General,                                                    
                                                            pursuant to VRA                                             
                                                            Section 6, had                                              
                                                            certified these                                             
                                                            counties for                                                
                                                            federal                                                     
                                                            observers.                                                  
                                                            Since then,                                                 
                                                            federal                                                     
                                                            observers have                                              
                                                            documented                                   A November 22, 
                                                            problems                                     2002, memo     
                                                            related to the                               discussing the 
                                                            counties'                                    monitoring of  
                                                            inability to                                 the November   
                                                            provide                                      5, 2002,       
                                                            consistently                                 election       
                                                            effective       In September                 indicated that 
                                                            Navajo language 2002, the                    the Voting     
                                                            assistance to   Voting                       Section would  
                                                            voters and      Section met                  meet in the    
                                                            other related   with the                     future with    
                                                            circumstances   Apache County                election       
                                                            affecting the   Election                     officials from 
                                                            Navajo voting   Director, the The counties'  both counties  
                                                            population. The Apache County implementation to discuss the 
                                                            Voting Section  Deputy County of their       November 5,    
                                                            was concerned   Attorney, the Navajo         2002, election 
                                                            about the       Navajo County Language       and develop    
                                                            following       Election      election       methods to     
                                                            issues related  Director, the information    improve the    
                                                            to the primary  Navajo County program was    counties'      
                                                            held in         recorder, and inadequate.    provision of   
                                                            September 10,   two Navajo    While the      language       
                                                            2002, and the   County        counties       assistance and 
                                                            general         outreach      provided       overall        
                                                            election held   workers to    language       Election Day   
                                                            in November 5,  discuss       assistance to  performance.   
                                                            2002: (1) the   several       many voters,   The matter was 
                                                during      counties'       issues        the assistance closed after   
                                                the next    provision for   related to    was frequently the election.  
                                                election    Navajo language elections in  insufficient   According to   
                                                in          assistance, (2) the two       and failed to  the Voting     
                                                response    voters being    counties. The provide        Section, this  
                                                to the      turned away at  Voting        consistent and is standard    
                                                soldier's   the polls, (3)  Section       accurate       Voting Section 
                                                wife        crossover       provided      language       procedure when 
Description                                     January     voting, and (4) suggestions   translation of irregularities 
based on                           Disposition  2003        polls not       on how to     the offices    are observed   
Voting                              by Voting   request     opening on      prevent prior and            during         
Section                              Section    that the    time. During    problems from propositions   election       
information                                     Voting      the 2000        recurring.    on the         coverage. In   
                                                Section     election cycle  The Voting    ballot's 14    the case of    
                                                keep        and 2002        Section       propositions.  Navajo         
                                                these       primary,        observed the  The Voting     language       
                                                counties    federal         November 2002 Section        assistance in  
                                                on its      observers       election. The concluded that these          
                                                "radar      documented      original poll the counties   counties, the  
                                                screen."    several         worker        must improve   Voting Section 
                                                            problems with   training      and expand     stated that    
                                                            the counties'   schedules     their training such outreach  
                                                            provision of    that the two  program for    has been       
                                                            Navajo language counties had  interpreters.  continuous for 
                                                            assistance to   provided to   The federal    many years.    
                                                            voters. The     the Voting    observers      Another memo
                                                            Voting Section  Section       reported that  discussing
                                                            suggested that  allotted      the            compliance and
                                                            both counties   approximately interpreters   outreach
                                                            distribute      2 hours for   and poll       efforts since
                                                            cassette tapes  training. The workers        the 2002
                                                            containing      Voting        believed more  election
                                                            Navajo language Section       training in    indicates many
                                                            ballot          suggested     Navajo         improvements
                                                            translations to having        language       in Navajo
                                                            poll workers.   all-day       translation    language
                                                            The counties    training      was necessary. assistance
                                                            committed to    sessions, and Some poll      efforts as a
                                                            preparing and   the schedules workers told   result of this
                                                            distributing    were revised  the observers  outreach,
                                                            the tapes to    to allot 6-   that the       including: (1)
                                                            poll workers.   1/2 hours for audiotapes     improved poll
                                                            Officials from  training. The containing     worker
                                                            both counties   Voting        Navajo         training which
                                                            also informed   Section       translations   included the
                                                            the Voting      suggested     were too long  use of
                                                            Section that    that both     and confusing. pictorial flip
                                                            they would use  counties      One polling    charts to
                                                            updated flip    provide each  place was not  assist voters
                                                            charts for the  polling place well           in
                                                            November        on the Navajo organized,     
                                                            election. These Reservation   resulting in   
                                                            charts, which   with voter    very long      
                                                            were used for   registration  lines. The     
                                                            the September   lists from    Voting Section 
                                                            primary at the  both          reported this  
                                                            Voting          counties, and to the Navajo  
                                                            Section's       train poll    County         
                                                            suggestion,     workers to    Elections      
                                                            displayed       check both    Director, who  
                                                            pictorial       lists and     sent an        
                                                            representations check with    outreach       
                                                            and written     the           worker to      
                                                            Navajo          appropriate   remedy the     
                                                            translations of county        problem. The   
                                                            each of the     election      line was       
                                                            offices on the  department    moving more    
                                                            primary         before        quickly by     
                                                            election        turning       mid-afternoon. 
              Voting                                        ballot. There   voters away.  The number of  
            Section's    Voting                             had been        Both counties voters turned  
             actions    Section's                           confusion in    agreed to     away from the  
             taken to  assessment                           previous        adopt this    polls was less 
             address       of                               elections among suggestion.   than during    
            allegation allegations                          many            The Voting    the September  

                                    Page 92
       GAO-04-1041R DOJ Activities to Address Past Voting Irregularities
                                               elderly                 primary.                                                                          
                                               Navajo voters           However,                                                                          
                                               who live near           while all                                                                         
                                               the                     the polling                                                                       
                                               Navajo/Apache           places had                                                                        
                                               county line             both                                                                              
                                               about polling           counties'                                                                         
                                               place and               registration                                                                      
                                               voter                   books, poll                                                                       
                                               registration.           workers at                                                                        
                                               These voters            most                                                                              
                                               often vote in           locations                            Actions taken by                  
                                               different               did not use                          DOJ staff                         
                                               locations for           them. Some                           included                          
                                               tribal and              did not know                         interviewing the                  
                                               state/federal           the books    understanding           clerk of the     Voting Section   
                                               elections.              were         the ballot;             precinct where a staff provided   
                                               Tribal                  available.   (2) outreach            white male       assistance to    
                                               elections do            At one       and voter               precinct worker  help correct     
                                               not recognize           Apache       registration            who allegedly    issues that      
                                               county                  County       efforts on              harassed         arose during the 
                                               boundaries.   Section   location,    the                     African-American monitoring.      
                                               Poll workers  also      observers    reservation             voters was       Examples of      
                                               at polling    expressed reported     at various              employed about   issues/problems  
                                               places near   concern   that the     events; (3)   3. Voting any complaints   observed were:   
                                               the county    about     Navajo       the opening   Section   or problems with (1)              
                                               line          polling   county list  of new early  personnel the assistant    African-American 
                                               apparently    places    was not      voting        and 2     precinct clerk   voters felt      The Voting
                                               turned away   that      present. The locations on  AUSAs     in question. DOJ somewhat         Section
                                               dozens of     opened    Voting       the Navajo    monitored staff spoke with harassed by a    closed the
Description                                    elderly       late for  Section      Reservation;  84        four voters at   white male       matter
based on                           Disposition voters        the       informed the (4) the       precincts this precinct    precinct worker; because
Voting                              by Voting  because of    September county       opening of a  in        regarding their  (2) a poll       the
Section                              Section   voting        primary.  elections    new satellite Broward   experience       official did not election
information                                    location      The       director,    election      County,   voting and asked want to allow a  being
                                               confusion     counties  who showed   office on the Florida,  election         person to vote   monitored
                                               during the    agreed to the Navajo   reservation   during    officials to     who said he had  was
                                               2000 primary  address   County book  to            the       make chairs      requested an     completed.
                                               and general   this      to the       disseminate   November  available for    absentee ballot  
                                               elections and prior to  polling      voter         2002      the disabled and but did not      
                                               the 2002      the       place        information   election. elderly waiting  receive it; and  
                                               primary. In   November  inspector.   and register            in line to vote. (3) persons were 
                                               2000, poll    2002      The poll     voters; and             They contacted   turned away      
                                               workers gave  election. workers had  (5) greater             county election  because of       
                                               affidavit               not removed  cooperation             officials about  precinct changes 
                                               ballots to              the book     among the               a voter who was  due to           
                                               other                   from the     counties                told he could    redistricting,   
                                               crossover               elections    providing               not vote because because they     
                                               voters in the           supply box.  Navajo                  he had already   moved, and for   
                                               mistaken                The Voting   language                sent an absentee other reasons.   
                                               belief that             Section felt assistance.             ballot; the                       
                                               the ballots             that more                            precinct clerk                    
                                               would be                training and                         eventually                        
                                               accepted                practice                             verified that                     
                                               later.                  would make                           the voter                         
                                               However,                the poll                                                               
                                               since these             workers more                                                           
                                               voters were             familiar                                                               
                                               not                     with this                                                              
                                               registered in           new system.                                                            
              Voting                           the counties            There were                                                             
            Section's    Voting                where they              no                                                                     
             actions    Section's              voted, their            complaints                                                             
             taken to  assessment              votes were              about polls                                                            
             address       of                  considered              not opening                                                            
            allegation allegations             invalid.                on time.                                                               

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       GAO-04-1041R DOJ Activities to Address Past Voting Irregularities
                                                had not                                                         
                                                been sent                                                       
                                                an                                                              
                                                absentee                                                        
                                                ballot,                                                         
                                                and the                                                         
                                                voter was                                                       
                                                allowed to                                                      
                                                cast his                               While                    
                                                vote on                                monitoring               
                                                election                               the election,            
                                                day. With                              the Voting    
                                                regard to                              Section found 
                                                the                                    various areas 
                                                absentee                               of            
                                                ballot                                 clarification 
                                                issue, DOJ                             and           
                                                staff                                  improvement.  
                                                advised                                One issue     
                                                the poll               Voting Section  involved      
                                                official               attorneys       absentee      
                                                to contact             monitored the   ballots and   
                                                the                    election and    Florida law   
                                                Broward                facilitated the allowing a    
                                                County       4. At the resolution of   person who    
                                                Election       request problems that   requested an  
                                                Board. In           of arose by        absentee      
                                                addition,    Florida's communicating   ballot but    The Voting
                                                DOJ staff:   Secretary proper election did not       Section
                                                (1) gave a   of State, procedures to   submit it to  closed the
Description                                     voter the          the the Supervisor  vote at the   matter
based on                           Disposition  toll-free       Voting of Elections.   polls. There  because
Voting                              by Voting   telephone      Section Prior to        was confusion the
Section                              Section    number for   monitored monitoring the  when absentee election
information                                     the Voting         the election,       ballots were  being
                                                Section       election Voting Section  submitted but monitored
                                                because             in attorneys met   rejected as   was
                                                the voter     November with the        being         completed.
                                                wanted to      2002 in Supervisor of   incomplete    
                                                complain         Duval Elections,      because they  
                                                about the      County, minority        lacked        
                                                lack of       Florida. leaders in the  voters'       
                                                voting                 community,      signatures    
                                                machines;              leaders of the  and voters    
                                                (2) asked              NAACP, and      then being    
                                                a poll                 representatives able to vote  
                                                clerk and              from the local  at the polls. 
                                                poll                   Democratic and  Voters who    
                                                workers if             Republican      submit        
                                                they had               parties. They   absentee      
                                                received               exchanged       ballots are   
                                                complaints             telephone       considered to 
                                                about not              information and have voted    
                                                having                 invited each    and cannot    
                                                enough                 person or group vote at the   
                                                voting                 to contact them polls on      
                                                machines;              with details of election day  
                                                and (3)                any problems    if the        
                                                spoke with             that they might absentee      
                                                two voters             help address.   ballot is     
              Voting                            who                    They also       rejected.     
            Section's    Voting                 complained             provided        Also, poll    
             actions    Section's               about a                guidance on     workers had   
             taken to  assessment               precinct               issues that     given         
             address       of                   being hard             might arise to  incorrect     
            allegation allegations              to find.               provide a       ballots to    

                                    Page 94
       GAO-04-1041R DOJ Activities to Address Past Voting Irregularities
                                                                              5. Georgia                                     
                                                                              state law                                      
                                                                              requires                                       
                                                                              counties to                                    
                                                                              have absentee                                  
                                                                              ballots on hand FVAP                           
                                                                              45 days before  advised the            
                                                                              a general       Voting      FVAP       
                                                                              election.       Section     favored    
                                                                              Georgia missed  that a      going      
                                                                              the September   senior      forward    
                                                                              20, 2002,       official in with the   
                                                                              deadline for    Georgia's   suit that  
                                                                              the November 5, Elections   Georgia's  
                                                                              2002, general   Division    Secretary  
                                                                              election        said that   of State   
                                                                              because of the  election    had        
                                                                              compressed      officials   suggested, 
                                                                              election        in each of  but the    
                                                                              schedule in     Georgia's   Voting     
                                                                              2002. The       counties    Section    
                                                                              45-day deadline would       did not    
                                                                              was set to      photocopy   because    
                                                                              comply with     all         (1) the    
                                                                              federal         necessary   number of  
                                                                              mandates to     ballots and voters     
                                                                              make it easier  send them   affected   
                                                                              for U.S.        to every    was very   
                                                                              military        military    small,     
                                                                              personnel       and         less than  
                                                                              stationed       overseas    132        
                                                                              outside the     citizen     overseas;  
                                                                              United States   absentee    (2) UOCAVA 
                                                                              to vote.        voter from  was        
                                                                              Georgia had     whom an     amended in 
                                                                              compressed its  application 1986 to    
                                                                              2002 primary    had been    add the    
                                                                              and runoff      received in federal    
                                                                              election        time. All   write-in   
                                                                              schedules such  154 Georgia absentee   
                                                                              that the runoff counties    ballot as  
                                                                              was held only   had done    a back-up  
                                                                              49 days before  this by     ballot     
                                                              some voters.    the November 5  October 7.  when       
                                                              Voters were     general         A Voting    timely     
                                                              turned away     election. This  Section     requested  
                                                              who lacked      precluded the   attorney    ballots do 
                                                              signed photo    printing of the asked the   not reach  
                                                              identification  general         source of   voters in  
                                                              and were not    election ballot the         a timely       The
Description                                                   allowed to      in time for the allegation  matter      Voting
based on                           Disposition                vote by         mailing         in Catoosa  (the       Section
Voting                              by Voting                 provisional     deadline        County to   Voting      closed
Section                              Section                  ballot. There   required under  keep in     Section        the
information                                                   were also a     state law.      touch and   relies on  matter.
                                                              few instances   Georgia         gave the    the use of 
                                                              of              election        person who  the        
                                                              insensitivity   officials had   made the    back-up    
                                                              to minority     contacted FVAP  allegation  ballot as  
                                                              voters and      during the      the phone   a remedy   
                                                              voters with     first week of   number and  in UOCAVA  
                                                              disabilities.   October         Web site    lawsuits   
                                                                              regarding the   for FVAP    brought in 
                                                                              state's         for         primary    
                                                                              compliance with additional  elections, 
                                                                              the Uniformed   information and had no 
                                                                              and Overseas    about       reason to  
                                                                              Citizen         FVAP's role believe it 
                                                                              Absentee Voting in this     was an     
                                                                              Act (UOCAVA).   process.    inadequate 
                                                                              Catoosa County  The Voting  remedy);   
                                                                              ballots omitted Section     and (3)    
                                                                              the names of    attorney    the Voting 
                                                                              the Republican  contacted   Section    
                                                common                        candidate for   FVAP, and a believed   
                                                understanding                 the U.S. Senate FVAP        the        
                                                of action                     and the         official    Secretary  
                                                that should                   Republican      agreed to   of State's 
                                                be taken if a                 gubernatorial   contact     true       
                                                particular                    candidate from  officials   interest   
                                                problem                       the ballot. An  in Catoosa  in the     
                                                arose. The                    allegation was  and Ben     lawsuit    
                                                Voting                        made that this, Hill        stemmed    
                                                Section                       among other     counties to from the   
                                                attorneys                     absentee ballot get copies  large      
                                                worked with                   irregularities, of their    number of  
                                                the                           violated UOCAVA ballots and regular    
                                                Supervisor of                 because the     get back to absentee   
                                                Elections to                  correct         the Voting  ballots    
                                                improve                       ballots, even   Section     that were  
                                                election                      if sent at the  attorney.   mailed     
                                                processes and                 time this       The Voting  late, and  
                                                were invited                  concern was     Section     such       
                                                by the                        raised on       attorney    ballots    
                                                Supervisor of                 October 16,     also        could not  
                                                Elections to                  2002, would not contacted a be part of 
                                                monitor                       be received in  state       any UOCAVA 
                                                elections in                  time. Georgia's election    remedy.    
                                                April and May                 Secretary of    official.              
              Voting                            2003 to                       State asked DOJ                        
            Section's    Voting                 further                       to bring suit                          
             actions    Section's               improve upon                  against the                            
             taken to  assessment               their                         state to extend                        
             address       of                   election                      the deadline                           
            allegation allegations              processes.                    for receipt of                         

                                    Page 95
       GAO-04-1041R DOJ Activities to Address Past Voting Irregularities
                                                                                                                  7. A suit                                                
                                                                                                                  arose from                                               
                                                                                                                  the                                                      
                                                                                                                  resignation                                              
                                                                                                                  of Senator                                               
                                                                                                                  Robert                                                   
                                                                                                                  Torricelli                                               
                                                                                                                  from the                                                 
                                                                                                                  general                                                  
                                                                                                                  election                                                 
                                                                                                                  and ballot                                               
                                                                                                                  for                                                      
                                                                                                                  Democratic                                               
                                                                                                                  nomination                                               
                                                                                                                  to the U.S.                                              
                                                                                                                  Senate. The                                              
                                                                                                                  New Jersey                                               
                                                                                                                  Democratic                                               
                                                                                                                  party                                                    
                                                                                                                  brought                                                  
                                                                                                                  suit to                                                  
                                                                                                                  secure a                                                 
                                                                                                                  declaration                                              
                                                                                                                  that the                                                 
                                                                                                                  New Jersey                                               
                                                                                                       The Voting Democratic                                               
                                                                                                       Section    State                                                    
                                                                                                       closed the Committee   The Voting                                   
                                                                                                       matter     was         Section                          The Voting
                                                                                                       after the  permitted   prepared a                       Section
                                                                                                       state      to select a discussion                       concluded
                                                                                   In an               Supreme    qualified   memo                             that New
                                                                                   e-mail,             Court      candidate   evaluating                       Jersey
                                                                                   the                 issued an  to replace  the impact                       state law
                                                                                   Voting              order      Sen.        that the                         provides
                                                                                   Section             addressing Torricelli. New Jersey                       for several
                                                                                   attorney            the        The New     Supreme                          methods for
                                                                                   expressed       The absentee   Jersey      Court                            UOCAVA
                                                                                   concern      Voting ballot     Supreme     ruling     The Voting Section    voters to
Description                                                                        about       Section issue. The Court ruled would have noted that late       participate
based on                           Disposition                                     ballots   monitored order      in favor of on         transmittal of        in federal
Voting                              by Voting                                      being         state specified  the state   overseas   ballots to voters by  elections
Section                              Section                                       mailed,     actions the        Democratic  absentee   airmail generally     over and
information                                                                        filled           to procedures party and   voters.    raises concerns that  above the
                                                                                   out, and    address for        required    The Voting overseas voters would use of
                                                                                   returned       this absentee   that a new  Section    not have sufficient   regular
                                                                                   between      issue. ballots    ballot be   monitored  time to receive,      absentee
                                                                                   October             that       prepared    the New    mark, and return      ballots
                                                                                   31 and              included   under the   Jersey     their ballots to      sent by
                                                                                   November            various    direction   Democratic local election        airmail.
                                                                                   5 (6                options    of the      party      officials. The Voting The Voting
                                                                                   days).              based on   state       lawsuit    Section staff         Section
                                                                                                       whether a  Attorney    and state  determined that New   closed the
                                                                                                       voter had  General and remedies   Jersey state law      matter due
                                                                                                       or had not a state     to address contains several      to lack of
                                                                                                       already    court       this       unique features that  merit.
                                                           6. The Voting Section                       voted for  judge.      issue.     obviate the need for  
                                                           conducted an                                Senator    Military               2040 days of          
                                                           investigation under                         Wellstone. and                    roundtrip airmailing. 
                                                           UOCAVA and monitored a                                 overseas               In addition, DOD      
                                                           lawsuit in Minnesota                                   ballots                provides a backup     
                                                           over absentee ballots                                  were to be             ballot available at   
                                                           used in the November                                   given                  military              
                                                           2002 general election.                                 precedence             installations and     
                                                           At issue was the                                       and an                 U.S.                  
                                                           removal of Senator Paul                                explanatory            embassies/consulates. 
                                                           Wellstone's name on the                                letter was             This is referred to   
                                                           ballots and issuance of                                to be sent             as a federal write-in 
                                                           new ballots. Senator                                   to all                 absentee ballot. The  
                                                           Wellstone died 11 days                                 voters who             Voting Section noted  
                                                           prior to the election,                                 received               that the question     
                                                           and former Vice                                        the new                might arise regarding 
                                                           President Mondale was                                  ballots.               how the state would   
                                                           designated the                                         The Voting             address ballots that  
                                                           replacement candidate                                  Section was            had already been      
                                                           for the                                                concerned              transmitted to        
                                                           Democratic-Farmer-Labor                                about the              overseas voters and   
                                                           party. This party                                      late                   may have already been 
              Voting                                       argued for mass mailing                                transmittal            returned. The Voting  
            Section's    Voting                military    of new absentee                                        of ballots             Section determined    
             actions    Section's              and         ballots, and the                                       to military            that this was a       
             taken to  assessment              other       Republican party argued                                and                    question for state    
             address       of                  absentee    to do the mailing based                                overseas               officials to resolve, 
            allegation allegations             ballots.    on requests.                                           voters.                and that the Voting   

                                    Page 96
       GAO-04-1041R DOJ Activities to Address Past Voting Irregularities
                                                                                       In a letter                
                                                                                       dated                      
                                                                                       November 1,                
                                                                                       2002, The                  
                                                                                       Voting                     
                                                                                       Section                    
                                                                                       stated that                
                                                            8. An attorney             the Attorney               
                                                            for Bexar                  General did                
                                                            County, Texas,             not interpose 
                                                            requested, in              any objection 
                                                            a letter to                to the        
                                                            the Voting                 specified     
                                                            Section dated              changes, but  
                                                            October 18,                noted that    
                                                            2002,                      Section 5 of  
                                                            expedited                  the Voting    
                                                            review of                  Rights Act    
                                                            changes in the             provides that 
                                                            county's early             failure of    
                                                            voting process             the Attorney  
                                                            in the joint               General to    
                                                            general and                object does   
                                                            special                    not bar       
                                                            election on                subsequent    
                                                            November 5,                litigation to 
                                                            2002. Changes              enjoin        
                                                            included: (1)              enforcement   
                                                            the one-time               of the        
                                                            use of                     changes.      
                                                            two-page                   After the     
                                                            ballots for                League of     
                                                            partisan                   United Latin  
                                                            contested        The Chief American      
                                                            races, (2)          of the Citizens      
                                                            procedures for      Voting filed the     
                                                            counting           Section lawsuit,      
                                                 Section    ballots with       wrote a Bexar County  
                                                 planned    straight-party letter back advised the   
                                                 to raise   votes, and (3)      to the court that      The Voting
                                                 this       one-time use      attorney they               Section
Description                                      issue      of a single      for Bexar initiated       closed the
based on                           Disposition   when       two-sided      County. The Section 5           matter
Voting                              by Voting    speaking   ballot for          Voting preclearance    because it
Section                              Section     with       partisan       Section had submission         granted
information                                      state      contested        telephone procedures on preclearance
                                                 officials  races          discussions October 18,        for the
                                                 in         supplemented          with 2002, and         changes.
                                                 October    by a separate      various October 21,   
                                                 2002.      sheet with          people 2002. The     
                                                            duplicate        regarding county had    
                                                            voting          the ballot not obtained  
                                                            instructions        format preclearance  
                                                            for the            issues. from DOJ at   
                                                            November 5,                the time the  
                                                            2002, general              lawsuit was   
                                                            election.                  filed. The    
                                                            Prior to that              court agreed  
                                                            request, the               with both     
                                                            League of                  parties that  
                                                            United Latin               the changes   
                                                            American                   were required 
                                                            Citizens filed             and allowed   
                                                            suit in U.S.               the changes   
                                                            District Court             to proceed    
                                                            for the                    pending the   
                                                            Western                    preclearance. 
                                                            District of                On October    
                                                            Texas alleging             31, 2002, the 
                                                            that Bexar                 court decided 
                                                            County                     to retain     
                                                            implemented                jurisdiction  
                                                            changes to the             over the case 
                                                            conduct of the             through the   
                                                            November                   conclusion of 
                                                            general                    the 2002      
                                                            election                   election      
                                                            without                    process and   
                                                            obtaining                  ordered the   
                                                            preclearance               parties to    
                                                            from DOJ.                  advise the    
                                                                                       court as to   
              Voting                                                                   their         
            Section's    Voting                                                        positions on  
             actions    Section's                                                      the case on   
             taken to  assessment                                                      or before     
             address       of                                                          December 1,   
            allegation allegations                                                     2002.         

                                    Page 97
       GAO-04-1041R DOJ Activities to Address Past Voting Irregularities
                                               9. A U.S.                                                                                                  
                                               Representative                                                                                             
                                               sent a letter to                                                                                           
                                               the Attorney                                                                                               
                                               General regarding                                                                                          
                                               possible voter                                                                                             
                                               suppression in                                                                                             
                                               Alabama,                                                                                                   
                                               Arkansas,                                                                                                  
                                               Florida, Indiana,                                                                               
                                               Louisiana,                                                                                      
                                               Maryland,                                                                                       
                                               Michigan, New                                                                                   
                                               Jersey, New                                                                                     
                                               Mexico,                                                                                         
                                               Pennsylvania, and                The Voting                                                     
                                               Texas. In                        Section                                                        
                                               Arkansas,                        determined                                                     
                                               Louisiana, and                   that Hidalgo                                                   
                                               Maryland, it was                 County's                                                       
                                               alleged that                     election                                                       
                                               African-Americans                administrator                                                  
                                               were victims of                  handled the                                                    
                                               voter                            situation                                                      
                                               suppression. In                  well by                                                        
                                               New Jersey and                   expelling the                                                  
                                               Texas,                           poll watchers                                                  
                                               allegations of                   when the                                                       
                                               voter suppression A Voting       voting                                                         
                                               involved          Section memo   supervisors                                                    
                                               Hispanics. The    referred to an alerted the                                                    
                                               victims of voter  allegation     election                                                       
                                               suppression in    received from  administrator                                                  
                                               the other states  the U.S.       that two poll                                                  
                                               were not          Representative watchers for                                                   
                                               specified.        regarding      the                                                            
                                               According to the  possible       Republican                                                     
                                               Voting Section,   intimidation   candidate                                                      
                                               many of the       at the         were making                                                    
                                               matters referred  November 2002  random                                                         
                                               to in the letter  election held  challenges to                                                  
                                               were matters      in Hidalgo     Hispanic                                                       
                                               under the         County, Texas. voters. The                                                    
                                               jurisdiction of   The Voting     Voting        The Voting                                       
                                               the Criminal      Section        Section       Section                                          
                                               Division and were attorney       further       closed the                                       
                                               being             requested      determined    matter on                                        
                                               investigated by   several pieces that efforts  June 25,                                         
                                               that Division     of             on the part   2003,                                            
                                               when the letter   documentation  of the        because it                                       
                                               was received. The from the       Republican    lacked                                           
                                               Voting Section    county         party did not merit. The                                       
                                               investigated two  elections      dampen        Voting                                           
                                               of the            administrator, minority      Section                                          
                                               allegations       including      turnout and   attorney                                         
                                               referred to in    newspaper      did not       observed                                         
                                               the letter,       articles,      discover      that there                                In the        The
                                               including one in  letters        instances of  was a tense                  After an complaint,    consent
Description                                    Hidalgo County,   between the    voter         atmosphere                  expedited the Voting     decree
based on                           Disposition Texas, where it   elections      intimidation  in Hidalgo             investigation,    Section   required
Voting                              by Voting  was alleged that  administrator  at the polls  County                    DOJ filed a    alleged  the state
Section                              Section   the Republican    and the        on election   between                  complaint in   that the    to take
information                                    party intimidated Republican     day. The      some of the                  the U.S.   state of corrective
                                               Hispanic voters   elections      Voting        white                  District Court   Oklahoma actions so
                                               countywide to     administrator, Section noted Republicans                   for the   violated   that all
                                               dampen their      and            that minority and the                                          
                                               turnout at the    information    contacts in   Hispanic                                         
                                               general election. regarding a    the county:   citizenry.                                       
                                               The second        study          (1) did not   The Voting                                       
                                               allegation that   regarding the  think that    Section                                          
                                               the Voting        possibility of the           recommended                                      
                                               Section           13,000 dead or allegations   that this                                        
                                               investigated that ineligible     of dead       is an area                                       
                                               was referred to   voters on the  voters on the that should                                      
                                               in the letter was county voter   rolls         be                                               
                                               in New Jersey;    rolls. The     dampened      monitored                                        
                                               the Voting        Voting Section turnout; (2)  in future                                        
                                               Section opened a  attorney spoke did not       elections.                                       
                                               matter in 2003 to with Hispanic  believe that                                                   
                                               investigate this  voters and     the                                                            
                                               allegation (see   other minority challenges                                                     
                                               information       contacts. The  made by the                                                    
                                               provided in this  Voting Section two poll                                                       
                                               attachment for    attorney also  watchers                                                       
                                               2003). The most   analyzed voter caused fewer                                                   
                                               direct form of    turnout data   Hispanic                                                       
                                               alleged           for Hidalgo    voters to                                                      
                                               intimidation in   County and     vote; and (3)                                                  
                                               Hidalgo County    compared it to did not                                                        
                                               was reported to   the state of   report                                                         
                                               have occurred     Texas for 2002 problems of                                                    
                                               when two poll     and previous   voter                                                          
                                               watchers for a    elections.     intimidation                                                   
                                               Republican                       at the polls.                                                  
                                               candidate                        The Voting                                                     
                                               challenged                       Section did                                                    
                                               Hispanic voters                  not find                                                       
                                               at early voting                  apparent                                                       
                                               on the basis that                differences                                                    
                                               a study indicated                between the                                                    
                                               that 13,000 dead                 voter turnout                                                  
                                               or ineligible                    data in the                                                    
                                               voters were in                   2002 election                                                  
                                               the county's                     compared to                                                    
                                               voter                            other                                                          
                                               registration                     elections.                                                     
                                               rolls. The                                                                                      
                                               Republican party                                                                                
                                               held a press                                               10. As                               
                                               conference two                                             described                            
                                               weeks before the                                           in DOJ's                             
                                               election where                                             complaint,                           
                                               party                                                      DOJ                                  
                                               representatives                                            alleged                              
                                               alleged that                                               that the                             
                                               voter fraud could                                          state of                             
              Voting                           be a significant                                           Oklahoma                             
            Section's    Voting                problem with the                                           was not in                           
             actions    Section's              number of people                                           compliance                           
             taken to  assessment              listed                                                     with                                 
             address       of                  incorrectly on                                             UOCAVA.                              
            allegation allegations             the voter rolls.                                           Election                             

                                    Page 98
       GAO-04-1041R DOJ Activities to Address Past Voting Irregularities
                                                                                                                                 The court   
                                                                                                                                 entered a   
                                                                                                                                 temporary   
                                                                                                                                 restraining 
                                                                                                                                 order and   
                                                                                                                                 preliminary 
                                                                                                                                 injunction  
                                                                                                                                 on March    
                                                                                                                                 25, 2002,   
                                                                                                                                 permitting  
                                                                                                                                 qualified   
                                                                                                                                 Texas       
                                                                                                                                 voters to   
                                                                                                                                 use federal 
                                                                                          11. As                                 write-in    
                                                                                          described in                           absentee    
                                                                                          DOJ's                                  ballots for 
                                                                                          complaint,                             the April   
                                                                                          DOJ alleged                            9, 2002,    
                                                                                          that as a                              election.   
                                                                                          result of                              According   
                                                                                          the                                    to the      
                                               officials in                               compressed                             terms of    
                                               Oklahoma                                   period of                              the court   
                                               could not                      uniformed   time between                           order, the  
                                               mail                           military    the Texas                              state was   
                                               absentee                       personnel   primary and                            required to 
                                               ballots to                     and         runoff                                 take        
                                               military and                   citizens    elections,                             actions to  
                                               civilian     Western           living      election     After an                  remedy      
                                               overseas     District          overseas    officials in expedited                 absentee    
                                               voters on a  of                who filed a the state of investigation,            ballot      
                                               date         Oklahoma          timely      Texas failed DOJ filed a               issues in   
                                               sufficiently on                request to  to mail      complaint and      In the the future. 
                                               in advance   September         receive an  absentee     motion for a   complaint, This        
Description                                    of the       12, 2002,         absentee    ballots to   temporary      the Voting included    
based on                           Disposition September    and               ballot are  military and restraining       Section permitting  
Voting                              by Voting  17, 2002,    entered   UOCAVA. given the   civilian     order and         alleged voters to   
Section                              Section   primary      into a            opportunity overseas     preliminary      that the submit      
information                                    runoff       consent           to vote.    voters on a  injunction in    state of write-in    
                                               election to  decree            The state   date         the U.S.            Texas ballots if  
                                               allow voters with the          did so      sufficiently District Court   violated their       
                                               to receive   state of          through,    in advance   for the           UOCAVA. ballots are 
                                               the ballot,  Oklahoma          among other of the April Western                   not sent to 
                                               cast a vote, on                things, the 9, 2002,     District of               them in     
                                               and return   September         passage of  federal      Texas on March            time and    
                                               the ballot   17, 2002.         UOCAVA      primary      22, 2002.                 counting    
                                               to election                    compliance  runoff                                 the         
                                               officials by                   legislation election to                            write-in    
                                               the deadline                   in May      allow such                             ballots as  
                                               established                    2003.       voters to                              valid as    
                                               by state                                   receive the                            long as the 
                                               law.                                       ballot, cast                           voters      
                                                                                          a vote, and                            living      
                                                                                          return the                             outside the 
                                                                                          ballot to                              United      
                                                                                          election                               States are  
                                                                                          officials by                           qualified   
                                                                                          the deadline                           to vote in  
                                                                                          established                            Texas. A    
                                                                                          by state                               stipulation 
                                                                                          law.                                   of          
                                                                                                                                 dismissal   
                                                                                                                                 was entered 
                                                                                                                                 in February 
                                                                                                                                 2004        
                                                                                                                                 following   
                                                                                                                                 passage by  
                                                                                                                                 the state   
                                                                                                                                 legislature 
              Voting                                                                                                             of          
            Section's    Voting                                                                                                  legislation 
             actions    Section's                                                                                                remedying   
             taken to  assessment                                                                                                the United  
             address       of                                                                                                    States'     
            allegation allegations                                                                                               complaint.  

Attachment IV

Election-Related Closed Matter Initiated during Calendar Year 2003

     No.      Matter      Jurisdiction   Date matter initiated         DJ No. 
      1          Matter       New Jersey              January 2003        Yes 

Source: DOJ Civil Rights Division.

Summary of Election-Related Closed Matter Initiated during Calendar Year
2003

      Description based on Voting Section's                     Disposition   
            Voting Section actions taken to   Voting Section's  by Voting     
               information address             assessment of    Section       
                           allegation           allegations     
1. This matter was the                                                     
second matter opened by                                                    
the Voting Section in                                                      
response to the                                                            
November 2002 letter                                                       
from a U.S.                               The people that                  
Representative referred                   the Voting Section 
to in the previously                      attorney contacted 
described 2002 matter                     were not aware of  
for Hidalgo County,     The Voting        the e-mail or any  
Texas. There were       Section attorney  other threats or   
allegations of voter    contacted a       intimidation       
intimidation in New     Latino political  tactics against    
Jersey. According to a  activist in the   Latino voters. The 
newspaper article,      New York          Voting Section     
emails were sent to     metropolitan      noted that its     The Voting
Latino lawyers urging   area, the         investigation      Section
them to engage in an    Treasurer of the  yielded results    closed the
aggressive campaign to  New Jersey        similar to the     matter
ensure ballot fairness. Hispanic Bar      judge's            because it
Attorneys for both the  Foundation, and a findings-that the  lacked merit.
Democratic and          community         ballot fairness    
Republican National     activist and      plan mentioned in  
Committees presented    attorney based in the e-mail did not 
their case before the   Newark, New       raise concerns     
U.S. district court.    Jersey.           about Latino voter 
The judge ruled a few                     intimidation       
days before the                           during the         
November 2002 election                    November 2002      
that there was "nothing                   general election.  
sinister" in the                                             
Republican ballot                                            
fairness plan and                                            
characterized the plan                                       
as legitimate campaign                                       
activity.                                                    

Attachment V

 Comments from the Department of Justice Attachment V Attachment V Attachment V
                     Attachment V Attachment V Attachment V

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