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Judicial Watch • 12 10 11 transcript Election Integrity Update

12 10 11 transcript Election Integrity Update

12 10 11 transcript Election Integrity Update

Page 1: 12 10 11 transcript Election Integrity Update

Category:Election Integrity

Number of Pages:32

Date Created:April 8, 2014

Date Uploaded to the Library:April 08, 2014

Tags:Voter ID, Voter Fraud, Amnesty, Illegal Immigration, acorn, ACLU, Obama, FBI, DOJ, Supreme Court, EPA, IRS, ICE, CIA

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TOM FITTON:  Thank you for joining here and the Internet, hopefully.  Thank you.   
Im Tom Fitton.  Im president Judicial Watch.  Judicial Watch conservative, nonpartisan educational foundation dedicated transparency, integrity, and accountability government politics and the law.  Through educational activities, advocate high standards ethics and morality our nations public life and seek ensure that political and judicial officials are accountable the American people.  Judicial Watch does not endorse oppose candidates for public office.   
Were pleased present this panel give you update from key players the debate about the integrity the 2012 elections.  Well update you current legal battles over voter laws, legal challenges ensure clear voter rolls, the debate over early voting, military voting rights, and the role, course, the Department Justice all this. 2012, earlier this year, announced  Judicial Watch did league with Christian Adams the Election Law Center, and Catherine Engelbrecht True Vote, our 2012 Election Integrity Project.  And the project focused initially the issue whether not the voting rolls were clean and accurate pursuant the federal law known the National Voter Registration Act.  And thats the law thats typical the motor voter law, the motor voter bill.  And theres provision, obviously, that law that provides access voter registration through DMVs and public assistance centers and places where you have interaction with the government.   
But theres another provision the law that requires concurrently that increased access registration reasonable efforts state and local governments clean the rolls. you have all these extra people registering, theres got process place that, when people die move away become ineligible otherwise, that their names removed.  And, course, the left was not terribly interested cleaning the rolls but increasing registration.  And thats not what the law about. Judicial Watch did analysis last year, compared Census Bureau data voter registration data, and found that there were least dozen states where they had counties where they had over 100 percent the eligible population the rolls, meaning they had more people living there  they had more people the rolls than were actually living there and eligible vote.  And thats pretty good indication theyre not cleaning their rolls.   
Now, whats interesting that theres provision under the section the law requiring the cleanup the rolls that allows aggrieved parties, whether there citizens groups sue maintain the clean election rolls.  And Judicial Watch with True Vote co-plaintiff and client, and also working with Christian Adams through his Election Law Center, initiated the first ever lawsuits private entities try clean the rolls.  And sued Ohio and Indiana, and weve intervened Florida protect efforts clean the rolls that were made, frankly, response some our inquiries about dirty rolls Florida.   
But let give you better context, because, you know, the issue about over 100 percent the rolls, thats more narrow issue.  When you look broader  from broader point view, looks like many these key states, and, frankly, probably goes across the country, places like Ohio, and Pennsylvania, and Colorado, much fifth the people the voting rolls ought not there.  Theyre either inactive, theyre dead, theyve moved away, theyre registered more than one state, fifth.   
And that makes quite sensible, when get into our next topic, have voter ID.  Certainly you know  theres any temptation vote illegally behalf these  the percent the electorate thats not there, that task going lot more difficult you have reasonable voter measure.   
Now, the Department Justice supposed enforcing the law clean the rolls, but theyre not doing it, and Christian Adams will talk about that. fact, what theyre doing theyre pressuring states improperly, view, maximize the voter registration numbers through these welfare food stamp offices, DMVs, throwing out, and improperly throwing out safeguards trying strike down safeguards against voter registration fraud.   
And who are they working with?  Theyre working with the Project Vote ACORN crowd.  Now, Project Vote and ACORN were responsible for massive voter registration fraud 2008.  And have documents showing that theyve been working with the Department Justice these voter registration litigation efforts.  And have this group the halls the Justice Department working election integrity issues like having the mafia help the FBI anti-racketeering enforcement.  Its that bad. you cant trust the Department Justice fairly enforce the law here.  Theyve been AWOL this cleaning the voting rolls.  And its real crisis for the integrity our elections.  And top that, you have the Obama campaign specifically attacking  presidential campaign attacking voter integrity efforts places like Ohio and Florida.   
And, course, Holder making all these racially inflammatory comments about sensible voter laws, and hes been making all this noise, and well talk about how despite all his noise, the courts bipartisan fashion, from judges from Republican and Democratic ranks have brushed back his outrageous racial demagoguery this court. you can see that the Justice Department not only the wrong side the law, but actually inflaming the situation making these false allegations related race the campaign. 
And the other thing Id like call attention to, when you think the Justice Department, for instance, suing Florida stop Florida from even asking whether someone citizen and voting, whether they can even investigate whether there are non-citizens the rolls, you have wonder why earth the Justice Department would object state making some reasonable inquiries the citizenship status folks that they believe may not eligible vote under the laws the United States.   
And would tie all this into the presidents lawless amnesty measures provide temporary protective status individuals under 30, and Lord knows who else under their rules.  And view, its not about the Hispanic vote.  When you tie all together, its about the illegal alien vote, the attack voter ID, the hostility even asking whether there are citizens the rolls, the failure clean the rolls, and then the push legalize more less illegal aliens.  Im confident that theyre happy, need be, have these folks voting illegally come this election cycle. view when comes the integrity the elections, the establishment whistling past the graveyard.  The integrity our elections taken for granted many Americans and the integrity our electoral process essential the functioning our participatory democracy.  Voter fraud drives honest citizens out the democratic process and breeds distrust our government.  Voters who fear their legitimate votes will outweighed fraudulent ones will feel disenfranchised.   
And let just clear  its not only important that the elections actually free, fair, and clean, but that they appear free, fair, and clean, because you dont have confidence the election system, people are not going vote because they think their votes wont count. these measures that were talking about our litigation and all the work here being done the table was designed actually reassure people that their votes count and get them participate this system.  And fraud and the perception fraud and the concern about all these dead people the rolls, that keeps people away from the polls opposed bringing them the polls.   
Now, were being honored joined really folks who have been the frontlines.  And there are only handful individuals and groups out there the conservative side that have been taking active role raising questions about election integrity.  And this has been the playground the left for years and years.  And the left infuriated that conservatives are trying vindicate the franchise behalf all Americans.  And the leaders here have all been attacked the left, but theyre supported the American people.  And well talk about that bring folks on.   
And Ill just introduce everyone together and then Ill let everyone talk. the end the table, furthest from Hans von Spakovsky, who senior legal fellow and manager the Civil Justice Reform Initiative the Center for Legal and Judicial Studies. concentrates voting, elections, campaign finance, civil justice and tort reform, civil rights, immigration, enforcement, and government reform.  Hes the author, along with John Fund, Whos Counting: How Fraudsters and Bureaucrats Put Your Vote Risk.  And think have some those books available here for you today. also served commissioner the Federal Election Commission and general counsel the assistant attorney general for civil rights from 2002 2005, where actually  one his duties and responsibilities was have  direct the enforcement the Voting Rights Act and the Help America Vote Act 2002.  Let just personally about Hans that really intellectual leader and legal force behind the approach that were talking about terms election integrity.  And his leadership has been essential and has been magnified beyond belief because his activism and his leadership. 
Also joining  were honored joined Pennsylvania State Representative Daryl Metcalfe, who drove down from the Pittsburg area today, recognized the Pittsburg Post Gazette Pennsylvania General Assemblys number one conservative.  State Representative Daryl Metcalfe, who represents Butler County, the area just north Pittsburg, serving his seventh term office.  Representative Metcalfe serves the Republican majority chairman the Pennsylvania House State Government Committee which responsible for reviewing legislation dealing with all aspects state government, including proposed amendments the Pennsylvania Constitution, statewide initiative and referendum the Public Official Employee Ethics Act  good luck with that  and campaign finance and election code reform. was the author the Pennsylvania Voter Identification Protection Act, which requires voters show valid photo identification each and every time they vote.  And for over decade, Representative Metcalf  and this how first met  has worked protect the integrity one the most important fundamental American freedoms, the right vote.   
And our friend and client, Catherine Engelbrecht, here.  She founder and president True Vote.  She started True Vote 2009.  Its citizen-led effort restore honor, integrity our electoral system.  True Vote educates voters, researches the veracity voter registries, trains and mobilizes volunteers work polling places and advocates for comprehensive election code reform legislation.  And they developed excellent program training technology and support equip citizens participate the electoral process.  And theyre target mobilize million voters still for  million volunteers for 2012. 
CATHERINE ENGELBRECHT: million voters.  Yes.   
MR. FITTON:  Voter volunteers. guess you dont need voter volunteer.  But their effectiveness the grassroots level this issue really unmatched.  And, said, shes been attacked for trying monitor the election system processes here the United States.  Its really quite extraordinary, not only her work but the nature the attacks against her. 
Also joining another leader the election reform effort Christian Adams, whos the founder the Election Law Center based Virginia.  His New York Times bestselling book elections and the Obama Justice Department called Injustice: Exposing the Racial Agenda the Obama Justice Department. served the voter section the United States Department Justice, where brought wide-range election cases protect racial minorities South Carolina, Florida, Texas, and Mississippi. private practice, represented the presidential campaigns Gingrich, and Santorum Hudson access lawsuit Virginia federal court.  And brought the voter intimidation case against the New Black Panther Party, which the Holder DOJ dismissed.  And successfully litigated the first case brought under the Voting Rights Act behalf discriminated against white minority.  And where was that? 
CHRISTIAN ADAMS:  Mississippi. 
MR. FITTON:  That was Mississippi case.  And between Metcalf, Von Spakovsky, Engelbrecht and Adams, youve got all the folks practically speaking.  Id like think were causing the left some angst.  But the left very anxious about the activities this panel, individually and collectively, voter integrity and the election integrity.   
But the truth the American people support these efforts.  And Im honored joined this esteemed group leaders and heroes who are out there the front lines and taking lot flak for their work.   
Im going start off with Representative Metcalfe, who will talk about voter Pennsylvania and the long slog had getting that law enacted and validated the courts. 
REPRESENTATIVE DARYL METCALFE (R-PA):  Thank you.  Thank you very much.  Its honor with all today and appreciate the opportunity share with your regarding our efforts, our fight Pennsylvania. name once again State Representative Daryl Metcalfe.  Im from Butler County Western Pennsylvania, about miles north Pittsburg. was elected legislature 1998, and began working this issue probably about decade ago. staff had pulled out some our news clippings back 2002 when was working voter and tried get through the first time; ended having our Pennsylvania Senate kind water down us, and they sent back the House for concurrence with just requirement have the first time you voted precinct. they didnt help move the direction every time, was hoping for, but have been pushing for this over the last years with some colleagues.   
And the beginning this legislative session, came the session December 2010, reintroduced the bill the beginning 2011, and actually had Hans testify one our committee hearings, the state government committee about election 
fraud and helped bring some information together that helped move the bill along last year. its been long fight.   
When you talk about the integrity the election process, one the bills that proposed, amendment that proposed back  years back when was proposing photo voter for the first time was also change our law Pennsylvania that when you signed vote the voting booth, the voting book, that youd actually have sign ink, because the time, the law would allow you sign pencil. was really unbelievable that the law would have allowed you sign pencil and then have that record altered some time the future very easily.   
And you wouldnt have believed the debate that had the floor just because wanted change from voting pencil crayon whatever other writing implement they would have used and requiring blue, black  black, blue ink rather than just going with pencil some other writing implement.  But had battle that, and was effective our debate, and ultimately had that passed into law back more than decade ago now, but the voter took little bit longer. actually have  Ive talked about this issue over the years with constituents.  And besides the stories that youve read about the notorious processes that occur Chicago, Philadelphia, some the  especially the large city areas our country and some the outrageous antics that have been perpetrated against the people some those processes for election, folks area really just have kind viewed it, think the majority Americans do, common sense, that you require that somebody actually prove they are who they claim when they show part the process, part we, the people choose whos going govern us.  And its just common sense that youd show that you are who you claim be, isnt it?  And thats how lot voters that Ive talked over the years have viewed it. hasnt been  never really perceived partisan issue. was surprised that the Democratic Party, especially this cycle, has chosen make such partisan fight. actually had one Democratic colleagues sign legislation this year. the time the bill actually passed, hed pulled his name off the legislation, was longer co-sponsoring it.  And our majority leader one time was actually pushing let the Democrats actually prime sponsor the legislation.  And what ultimately happened with him pulling his name off what would have happened think would have prime sponsored the bill they didnt really want see move forward because did turn into partisan battle that shouldnt have been partisan.  Its just common sense.   
And you look across the base the electorate, the majority people, and poll after poll after poll across the state Pennsylvania, weve watched the national polls, believe that its just common sense requirement prove that you are who you claim when you show vote. actually introduced the legislation the beginning this session. held hearing with the Pennsylvania State Government Committee. said, Hans had 
testified, and had number other testifiers that came and testified. had one the attorneys thats involved Pennsylvania with some the overview our processes, election cycle election cycle.  And she testified and talked about some the fraud that was occurring she had perceived through various election cycles the past.   
Weve had  Pennsylvania had election overturned 1993 for election fraud, state Senate race. had congressman prosecuted back 1998 for election fraud. weve had very rich history election fraud being perpetrated Pennsylvania.  And the that were proposing use was just common sense requirement that would instill more confidence the electorate and ultimately help fight some that fraud thats being perpetrated, and ensure that the forces corruption dont win Election Day, but that the people do. moved that bill through the process early last spring, ultimately passed before had our summer recess, when were normally working the districts for the summer. passed the legislation, sent the Senate, and then negotiated through the summer last year with the Pennsylvania State Senate the legislation and there was quite effort from the Senate side water the legislation down from where wed passed it.   
And Republican majority member the House, the Republicans also have majority the Senate, and not really seeing this partisan issue but, course, was turned into one, came down where ended passing through the House without one Democratic vote for it.  And the Senate was the same way. lost few Republicans both sides, both chambers.   
But when had modeled our legislation based testimony Hans and the other folks that testified, when ultimately passed our legislation out committee, modeled after the Indiana law.  And majority you sitting here Im sure know, the U.S. Supreme Court upheld the Indiana law being constitutional.   
Ultimately, when passed our legislation, House Bill 934, out the Pennsylvania Senate, ultimately did not have strong the Indiana law any longer.  They allowed for some college IDs utilized, senior facility IDs, municipal IDs wed structured coming out the House would mirror Indiana and more drawn ensuring that had secure IDs presented the form state federal ID.   
The law was passed last summer.  The Senate amended it. ultimately put the governors desk early this year March.  And then the rest the year weve been kind tied court battles Pennsylvania. had court challenge the ACLU and company, some other groups joining with them. went the Commonwealth Court.  Judge Simpson ruled our favor, upholding constitutional, and that should move forward the Commonwealth Court leveled.  They appealed the Pennsylvania Supreme Court where have three/three split right now, three Democrats, three Republicans. have one our 
judges indicted that goes back the ethics overview that you were talking about. have challenge Pennsylvania regarding that. have couple former speakers prison right now because some the ethics violations and crimes being committed while office. have our work cut out for us.   
But far the voter front, that was thrown the Supreme Court, the Supreme Court really dealt with the issue way that they wouldnt held accountable the people quickly, and they sidestepped it, sent back the Commonwealth Court and told them pretty much that constitutional but you have make sure that theres access for the voters and that one going disenfranchised.   
And the directive that they gave them somehow their opinion they found liberal access written into the law that had been the architect of, and can assure you didnt provide for liberal access our law. provided for access that should available every law-abiding citizen who wants exercise their vote.  And provided for free card somebody needed vote and they didnt already have photo ID. provided for free ID, but that would secure. would issue our Pennsylvania Department Transportation. would under the regulatory scheme thats already place and under the current statute for those types IDs.   
The administration, during the process the court battle, decided that they needed back-peddle and they came with new form that wasnt authorized statute, had regulatory scheme control because was illegal card. now have our executive branch thats issuing thats not authorized statute, and our judicial branch, whos directing the executive branch make sure that those illegal cards are readily accessible every voter. have quite complex equation figure out move forward with that.   
The good news that the courts, both levels our courts Pennsylvania, did not find unconstitutional, but fact found that was within the responsibility the legislature enact this type law, and they couldnt find fault with according our constitution they directed  they had direction telling the Commonwealth Court look from the access IDs.   
The Commonwealth Court just came back and gave limited injunction that our law will not effect for this Novembers election, although did soft rollout the law the primary and required the election workers ask for when anybody showed vote. the election workers this years November election will have ask for ID, but the voter will not required show it.   
Hopefully, well see full effect next years election, the primary.  Theres status hearing that will held December permanent injunction filing ACLU against our law, but hopefully well see move forward.   
And Im hoping the executive branch, the Republican executive branch will come back line with what the law says and within the boundaries the rule law, and the constitution, and the statute and what theyre supposed issuing the IDs.   
But Id happy entertain any questions the end the event that might come up.  And look forward hearing fellow panelists.  Thank you for having me.   
MR. FITTON:  Thank you, Representative Metcalfe.  Hans von Spakovsky.   
HANS VON SPAKOVSKY:  Well, one the myths you constantly hear that theres voter fraud the United States.  Thats the false narrative that too many people the mainstream press put.   
And let quote some language for you: examples such fraud have been documented throughout this nations history respected historians and journalists, and not only the risk voter fraud real, but could affect the outcome close election.  Those arent words.  Those are the words the United States Supreme Court when upheld Indianas photo law.  And that was not written one the conservative justices, because fact, was six/three decision, and the opinion was written Justice John Paul Stevens, one the liberal stalwarts the United States Supreme Court.   
Now, the book that John Fund and have published goes through and has case after case voter fraud, real cases, prosecutions, and cases where sometimes changed the outcome election.   
Now, what not this book, and which you dont  Im sure many you have not heard because just doesnt get covered all these cases fraud have occurred just the law month.   
Two weeks ago, Little Rock, Arkansas, state legislator resigned from office after pleading guilty voter fraud Arkansas along with three other individuals, and other five people have been indicted that scheme.  And the voter fraud that committed was race that only won eight votes.   
Not too long ago, think another two weeks ago, Mexican drug dealer, who was illegally the United States, was indicted California.  Amongst the many charges against him was that registered and voted U.S. elections.   
Two weeks ago, you know, the Maryland Democratic Party had write letter the governor withdrawing their candidate for the first congressional district after they had discovered that she had registered and voted both Maryland and Florida, situation that True Vote has been researching, finding out.  Now, that did get some coverage, but whats most interesting about that that saw that was not covered was the fact that she could have done this and gotten away with because its easy do.  Most states dont compare their voter registration lists.  The only reason was discovered was 
because she had run for office.  And, obviously, some researcher, perhaps opposition researcher, started looking into her record. that had not occurred, she could have continued that and gotten away with it.   
Florida has already found almost 200 individuals part their new program check non-citizens who are registered vote, 200 individuals who are non-citizens, who are the voting rolls down there.  They may not sound like lot, but then, the other hand, the 2000 presidential election was decided only 537 votes that state and theyve only just gotten started with that program. Colorado, theyve also started checking non-citizens the voter rolls.  When news about this got out into the press there, 430 individuals wrote letters the Secretary State Scott Gessler saying, well, Im registered vote, but Im not United States citizen, please take off the rolls. checked with eight counties, only eight counties Colorado recently and asked them for the names individuals who were detained the local jails who were the United States illegally, particularly individuals for whom there were detainer warrants issued the Department Homeland Security. found 153 those individuals just eight counties the state who were the United States illegally who were registered vote, whom had voted prior elections.  Now, again, that may not sound like lot, but about years ago, believe was the seventh congressional district Colorado, you had congressional seat decided little over 100 votes that state.   
All this shows you that what the Supreme Court said 2008 was absolutely correct, that voter fraud could make the difference close election. there fraud everywhere the United States, every election?  Well, no. course not.  And none here are saying that.  But have enough cases this kind fraud that need take the basic steps that are needed protect the elections.   
Tom Fitton was talking about the efforts they are making after certain states who are not cleaning their voter rolls.  What has gotten almost coverage that  was think 2010, Christian, there was sworn testimony before the United States Commission Civil Rights the former chief the voting section that had sent recommendation his bosses within the Justice Department investigate eight states for not complying with federal law, the National Voter Registration Act, and not cleaning their voter rolls, not removing people who have died and moved out state.  And nothing was done about because the policy this administration not enforce this provision, which puts danger the integrity the American election process.   
What all this means that need private groups like Judicial Watch working this issue. need and should welcome groups like True Vote, who are now frankly doing the jobs that election officials dont checking the reliability and accuracy voter registration list, because want clean election that the end the day, whoever wins, everyone believes they won fairly, and whoever lost willing say and believes that, yes, lost the race, but was fair election.   
Now, voter just one the recommendations that has been made.  And would point out that number states have passed photo laws.  Those laws have now been place several states for more than five years.  Georgia and Indiana have had the laws place for two federal elections and numerous state and local elections.   
And this constant myth you hear that this will somehow suppress the vote has been proven untrue the actual turnout data those states.  Every time hear that this some kind plot, for example, keep Barack Obama from winning, just have laugh because Indiana, 2008, when their photo law was place for the first time, the law that the United States Supreme Court said was the strictest photo law the country, Barack Obama won the state, the first Democrat win think years. the idea that will somehow keep people from voting know not true, and yet that myth, that false narrative constantly repeated the press.   
Now, that the only thing that should done?  No.  Another step that needs taken  and, fortunately, number states have taken them, including Pennsylvania, Kansas, Alabama  also require photo for absentee ballots because absentee ballot fraud one the biggest ways that elections are stolen.   
And weve had case after case after case like that, one the most prominent which the 1997 mayors race Miami for which the Miami Herald won Pulitzer Price for its investigation.  And the race was eventually overturned after judge found that 5,000 fraudulent ballots had been cast that election.   
Now, the other thing should concerned about are current efforts, quite frankly, commit election fraud.  And we, unfortunately, may have seen that happening yesterday when James OKeefe released video, undercover video, and  again, theres been some press coverage this, but not much there should be, showing the director Organizing for America its Houston office helping undercover reporter providing the forms needed vote twice both Texas and Florida.  Its very clear that the director knows exactly whats going on, facilitating the double voting, and fact does not say the person, you cant this, its illegal. fact, hes helping them that. should all concerned that someone who, according the FEC records listed the employee one the major political parties facilitating voter fraud.   
Now, should say that issue that Ive already heard some people say that actually she did not commit crime because was undercover report and they werent actually going cast fraudulent ballot.  Well, the people that are saying that obviously dont know federal law Christian and who enforced the Voting Rights Act and the National Voter Registration Act.   
And want just say that one the criminal penalties under the NVRA for someone knowingly and willfully deprive, defraud attempt deprive defraud the resident state, fair and impartially conducted election process the procurement submission ballots that are known the person materially false, 
fictitious fraudulent. trying procure, attempting procure fraudulent ballot federal felony.   
And simply amazed, given the evidence that came out yesterday, that the individual who was doing this for this particular political party has not immediately been terminated, and that the party not saying that  has not issued state saying that they not condone this kind behavior and that this should not occurring. fact, theres been complete silence this.  And that concerns even more the election integrity front.   
The final thing Ill say about this  want quote actually the Chicago Tribune, which not exactly conservative editorial page, who ran editorial this week that said the following: The weak laws are invitation cheating and the best time close avenue such behavior before happens, not after.  Now, that absolutely correct.   
And could tell you, fortunately, there are some people the past whove been opposed this who are now understanding that this not partisan effort.  This effort have fair elections.   
And thats why, for example, Rhode Island, which passed photo law, that law was sponsored the Democrats the state legislature.  One the chief sponsors was African-American Democrat who said that sponsored this legislation because had seen voter fraud, his family has experienced it, and thought this was, Representative Metcalfe said, this was common sense reform.   
Also Kansas, for example, majority Democrats voted for the voter provision that they put into their law.  And none them have had any the problems that organizations like the Brennan Center have for years been claiming they would have, which that would keep people out the polls.   
And, fact, the  should say the legal battle this, actually the long-term legal battle opponents are losing that battle.  Voter has been upheld court after court after court.  There have been occasional decisions the other way, but the majority the decisions have upheld it, like the decision yesterday three-judge panel from the district Columbia federal court, which they basically made minced meat and threw out the false claims made the Justice Department that the photo law was racially discriminatory.   
And, fact, Christian, think you should speak about the fact that  again, this something that Mr. Adams published, which has gotten almost not attention.  Sources inside the Justice Department told him that, fact, the career lawyers within the civil rights division recommended approval South Carolinas law when was first submitted because there was evidence racially discriminatory, but they were overruled the political appointees there who had absolutely counter-legal analysis showing that the career folks were wrong.  And its because they then objected and put fight court, wasting taxpayer money and taxpayer resources that the court yesterday said this law perfectly okay under the Voting Rights Act.  Its not discriminatory, but its not going effect for this election because theres too short time between now and November 6th implement.   
Well, why there too short time?  Because the Justice Department put completely unjustified objection the law, and thats the only reason the law wont effect.  That not the kind Justice Department want. want people working there who actually believe election integrity.   
And would say reporters who are here today, given the very strong evidence felony and violation federal law that was released yesterday, they should asking the head the public integrity section, which the section within the criminal division the Department Justice Washington, who has responsibility enforce and prosecute election crimes.  The head that public integrity section man named Jack Smith.  They should asking him whether hes going investigate the evidence the federal crime that occurred yesterday.   
And they should also asking the United States attorney Houston, where this occurred, whose name Ken Magidson, when hes going open investigation this because they dont, then they are ignoring their responsibilities and duties lawyers the Justice Department fairly and impartially enforce the law and prosecute violations.  Thanks. 
MR. FITTON:  Thank you, Hans.  Christian Adams, take that ball.  Run with it. 
MR. ADAMS:  Thank you, Tom.  Normally, talk about nuts and bolts these sorts things.  Thankfully, Representative Metcalfe and Hans have covered lot Im going start with some nuts and bolts.  Im going close with some nuts and bolts, but want talk about bigger philosophical issue between. lets start out with the issue military voting. 2009, Congress amended the law called the MOVE Act, and every service member serving overseas has right have ballot mailed him her days before federal election, days before federal election.  And the Justice Department charged with enforcing this.   
Two thousand and ten was the first year that this law was effective.  The law was implemented clumsily but generally satisfactorily, and service members, though they participated relatively low numbers, were just getting acclimated this new environment.   
Well, Im here tell you 2012 the situation unfortunately has not gotten much better.  Massachusetts has failed send out military ballots time.  Theyre violation the MOVE Act.  They did not mail their ballots days advance.  The secretary state Massachusetts knows theyre violation the law, the towns know theyre violation the law, and the Justice Department has done absolutely nothing.  The Justice 
Department has not filed lawsuit, has taken absolutely enforcement action against Massachusetts for failing get military ballots out compliance with federal law.  Massachusetts not the only state where this has happened, but you have radio silence from places like the Washington Post, places like the New York Times, the Boston Globe Democrat  thats what call it.  You have absolutely silence from these media outlets because they have failed.  They have failed institutions. thats the first nuts and bolts. want talk about something philosophical now for moment. can put back up. think was out there second ago, but its gone now. want you all take look this picture.  This billboard that has been posted all around Cleveland, all around the city Cleveland, and now its forever gone.   
MR. FITTON: turned off.  You all saw when was there. 
MR. ADAMS:  You all saw it. can see over there.  All right.  The billboard says Voter Fraud Felony.  And then cites the statute, tough stuff.   
Now, when you saw that all, you all had reaction.  You probably said, darn right is, or, wow, felony. just thought was misdemeanor.  Ive got stop this stuff. either way, you had some sort reaction.   
This billboard representative what want talk about this deep philosophical divide.  Just yesterday, the Cleveland Plain Dealer  Im sorry  this morning the Cleveland Plain Dealer, there article about how the once esteemed and relevant Lawyers Committee for Civil Rights Under Law, civil rights group, has sent letter the sponsors this billboard, actually the Clear Channel Communications, the people who own the actual turf saying, you must take this down.  Why you ask?  Because its racially insensitive.  Thats exactly right.  Absolute laughter.   
And why this important because  demonstrates what submit you very pessimistic philosophical divide this country between those who believe the rule law, and those who believe election integrity and those who enable criminal conduct.  The Lawyers Committee for Civil Rights once had the noble purpose helping minorities overcome Jim Crow.  There is, right there.  They once had important purpose this country, but they have now devolved the sad and pathetic role enablers criminal conduct.   
What wrong with this billboard?  Well, let read you the threatening nastygram sent Eric Marshall the Lawyers Committee for Civil Rights Clear Channel: This billboard stigmatizes the African-American community. implies voter fraud more significant problem African-American neighborhoods than elsewhere because attaches implicit threat criminal prosecution the civic act voting. gets worse.  Clear Channel has choice, said Marshall.  Contract not, not right putting intimidating message predominantly minority neighborhoods.   
Thats what weve become, folks, theres group people out there and group their enablers the Internet media that actually think this credible complaint. would submit you that percent America more the side the people this table.   
But want warn you, just Representative Metcalfe, when said, just thought this bill was common sense, just show your photo ID.  Folks not understand this well-developed, nasty, racialist, dishonest group people that hold philosophy that say this racially insensitive.   
Now, they will frequently package their complaints with factually inaccurate trappings such this was targeting minority neighborhoods.  False  was Cleveland wide campaign.  But, see, race important issue these folks.  Its how they badger state election officials, federal officials that are taking certain steps. what you have now civil rights organizations like Lawyers Committee have become almost like Tony Soprano where  yes, you can print that, Ryan (sp).  Theyve become like Tony Soprano, where they threaten free speech, like you see behind me.  And might add, free speech that merely describes fact.  Theres nothing there about race.  Theres threat.  Its merely fact. you commit crime, you could jail.  Tough stuff.  And 2012 its controversial.  Okay. suspect you might get taste some this when were open questions from some the media folks here, because there are groups who actually believe that this somehow racially inflammatory.  Lets turn the use race attacks election integrity. publication called the Nation has,, you will segment reporting the elections.  When True Vote deployed poll watchers all over the country and Wisconsin elections, you had reporter literally claimed that this activity was racially discriminatory because  and Im going quote  this the reporter  Theres obviously something really fishy about bunch white people from the tea party start showing the hood.  And, obviously, thats going unsettling thing, brackets.  Obviously, question mark. you were the hood anywhere America, thats going unsettling thing these white people showing with clipboards, okay?   
This person taken seriously some people.  This philosophy taken seriously some people. there really truly group people who are afraid lawful citizens monitoring the elections state law gives them the right do, that race used weapon.  Race used cloak efforts shield the transparency our elections.  And think that, frankly, vast philosophical divide that not going get any better until folks are willing stand and fight back and say, were past this. dont believe these sorts things, because too often, folks shy away from racial fights.  Clear Channel going back down, possibly.  Theyre afraid the 
threatening letters theyre getting from the Lawyers Committee for Civil Rights because they dont want get dragged into racial fight.  They dont want take the side free speech against thugs. thats how goes.   
But the good news that this not 2002.  This not 1992.  Theres whole new generation activists who are sick and tired talking about race and theyre simply not going cowered, and eventually the attacks will fail and fail and fail, and eventually the folks this table will win and win and win, like they did yesterday South Carolina. 
Let turn something nuts and bolts close with, and Hans mentioned this briefly.  And thats the role the Justice Department. true that Christopher Coates testified that recommended investigations into eight states that had problems with their voter rolls, too many voters the rolls compared their population. testified the same thing.   
Whats fascinating that the Justice Department has never denied that that testimony was truthful.  They have never denied that there were fact recommendations investigate these states.  And, indeed, this Justice Department refuses enforce the law force states clean the voter rolls.  There has not been single case brought under motor voter this Justice Department since Chris Coates testified. the facts have proven his testimony also accurate.   
This real tragedy.  And were heading into the 2012 election with 2.5 million ineligible voters the rolls, according Pew.  This not anybody this table coming with these numbers.  This Pew coming with these numbers, the Pew Charitable Trust, that there are dead people, ineligible people who should not the election, participating the election.   
True Vote has discovered people who have participated from two different states the last presidential election.  They voted both Florida and Ohio, Florida and New York, and theyve passed the names these people onto the Justice Department and theyve passed the names onto state election officials.  And this just the tip the iceberg.  Theyre going keep data mining that anybody who going vote twice this election going get caught this time because private groups like True Vote are doing the job that election officials should have been doing for the last years and have, frankly, just not gotten the job done. message that Ill close with this going entirely different election year compared anything else the past.  Theres going armies citizen volunteers the polls trained up, monitoring, recording whats happening, not talking voters, not badgering voters, not saying word voters, but simply standing sentinel over the process make sure the law followed.   
That same army volunteers are going reviewing the data rolls, the voter rolls for problems the data, people who dont have complete addresses, people who have died, places that have hundreds people registered the same single house.  
Those activities should have been done the Justice Department, should have been done state election officials, but state has ever compared their voter rolls with another state.  New York and Florida have never talked. call Project (Snowbird ?).  Theyve never compared voter activity these two states.  Groups are doing now and Americas the better for it.  Were not the worst for it.   
And thats whats going different about this year theres going people the field fighting when bureaucrats the past have not done their job. thank you very much for your time. 
MR. FITTON:  Thank you, Christian.  Thank you very much.  Catherine Engelbrecht.  Catherine. 
MS. ENGELBRECHT:  Thanks.  Thank you for the opportunity here.  And youve already heard much good information about the state affairs relates election integrity.   
What bring the panel little bit different.  True Vote started quite accident 2009 when group people Harris County, Houston, Texas, went work the polls and saw problems, problems like youve heard about today. saw confusion about process, just not having enough people there actually facilitate the operation polling place. saw election fraud. saw people who would come with multiple identifications, multiple voter registrations. saw people who came vote and the poll book was opened for them sign, and and behold, there was always signature their line. wasnt their handwritten but someone had signed for them.   
When saw that, thought, you know, maybe can something.  Maybe theres something that citizens can do.  And True Vote takes look quite literally every stage our election process and how citizens can make difference using current law and just showing up, just showing and helping. are now states were helping support hundreds citizen-led groups.   
And think the important point here that dont want overlook that not okay for not feel that our elections are insecure.  When Pew research came out with their report February-ish and contained data like there are roughly two million dead people the rolls, roughly three million people registered more than one state, one eight records inaccurate  thats nearly percent our electorate  thats not okay.  But what did do? just sort took the data and said, wow, thats mess, huh. hope somebody fixes that. True Vote attempting, believe way thats not been done before, encourage citizens say, guess what, are the government. was always intended that our elections would run the most fundamental level citizens.  And voting not enough.  Its not enough vote and get your I voted sticker and then just assume that the rest the process takes care itself.  There are many ways for citizens get involved.   
And have been stunned some the responses that weve gotten.  You know, want make very, very, very clear that what True Vote about about engaging citizens non-partisan way protect the rights legitimate voters.  How can you against election integrity? divided are country about many things, cant polling places come together and say, you know what, this country needs two parties.   
But also need election integrity.  How can not agree that?  How can not even discuss that without becoming vitriolic? have great hope because see people across the country who are saying, you know what? Christian pointed out, the race card doesnt work anymore.  Its not true.  Theres there there.  Citizens just want able believe their elections.  Citizens want able believe their government.   
But everything else that discuss country, immigration fiscal responsibility health care, you pick  all that presupposes that got those discussions way fair and honest vote. that undermined, theres very little way reel back.   
And when you have the condition that our country where have about half the number election workers that really need and have questionable accuracy our roles, and have current Department Justice who seems attack states that try clean the rolls, some point, citizens have say, not our watch.  Enough enough.   
And thats what True Vote trying just find ways that citizens can serve the existing roles and serve.  Its pretty simple concept.  Stunning that its gotten some the reactions that has. want leave time for questions will close with this. are much more alike than are different. this election season, knowing what stake, knowing how divided are many issues, can not just November 6th say, its important that all vote, its important that participate that our voices are heard that can collectively decide the direction our country? think thats pretty simple request. hope that everyone here November 6th working some capacity inside the poll because theres need for it.  And True Vote will stand help train you, help equip you, and you will part mass amount people who have for the first time most their lives said, Im going get involved.  Im going get involved because fundamentally, this the cornerstone everything that are Republican.  Without it, our very identity stake.  And were going carry on. thats True Vote.  Thats what its about. know there are many people this room who have very different opinions, and thats unfortunate, but appreciate the opportunity here. 
MR. FITTON: thank you, Catherine.  Excellent presentations all.  You know, occurs the significant point that you would think based the discussions that voter controversial law controversial notion, but the fact remains come November, over states, you show the polls, there will some type voter requirement.   
And its just not  perception the left has ceded the ground and its just matter what type IDs will required, what you need get order get voter and the security the voter ID, not much the concept. that battle has been won.  That war has been won many respects.  And the South Carolina decision today thought was  think should put bed any this racial  any these fraudulent racial allegations.   
You know, and secondly, concerning the partisanship this, weve sued Indiana and Ohio.  And who are the officials that sued?  Republican office holders who have refused clean the rolls.  You know, theyve been warned  warned everyone.  They know what the problem you ask them.  They know exactly.  They just simply refused clean the rolls.   
And, you know, fun story, sad story out Indiana, the previous secretary state was forced resign, secretary state charged with enforcing election integrity laws the state Indiana was forced resign for what issue?  Election fraud. think voted from address wasnt living at.   
The idea that this partisan issue false the sense that you have Republicans who are hesitant clean the rolls.  And, you know, hear Ohio that there are lots local officials, Republican, who dont like the idea cleaning the rolls because they want able engage election fraud too, Florida. Florida, you have mass resistance local election officials who initially were asked the governor the state begin researching this issue non-eligible citizens from voting.  You have Republicans refusing take these folks off the rolls even answer questions this. thats  should remind everyone turn off their cell phones, you havent already. the idea that these are only Democrats that stand the door election integrity false.  There are significant Republican office holders key places like Ohio and Indiana and elsewhere that arent doing their job well.  And both parties need reproached this issue.  And thats something would raise.   
And want get one topic covered that the news dont think weve addressed yet, and its this debate guess Ohio the issue early voting.  Could you describe, Hans, guess, Christian, the debate Ohio over early voting and what that about?   
MR. SPAKOVSKY:  That issue has really been misconstrued many folks, including the press.  What happened Ohio was that they used have early voting until the Monday before the Tuesday election which was, frankly, nightmare for election officials.  And could tell you that because Im actually county election official Virginia.   
And the reason was nightmare for election officials was because even though have lot people who early vote these days, the vast majority people still vote Election Day.  Early voting probably 25, percent some states, but the vast majority people still vote Election Day.   
And election officials the weekend and the Monday before the Tuesday election are trying get ready open thousands polls, get thousands workers into those polls and having run early voting sites with break. was very difficult for them.   
Also, was administrative problem because whenever someone early votes, that fact has noted that persons voter record, and that has appended the voter registration records that are then sent out each polling place that the person cant double vote.  And election officials wanted the early voting period end they would have three days before the election.   
Now, the Ohio legislature did that, but they made one exception.  And the one exception was going for members the military.  Now, that very small group individuals, but that was important exception.  And the reason for that exception was that unlike the vast majority other voters, members the military have control over where they may the fact they may get order telling them that within hours theyve got move.   
For example, Wright-Patterson Air Force Base Ohio, they have big transport wing there.  And pilot might get Saturday order saying that hes going have fly transport mission Afghanistan and they wanted those individuals able continue the early vote.   
The Obama campaign filed lawsuit claiming that this was violation equal protection.  Unfortunately, federal district court agreed with them. judge with the Sixth Circuit just refused overturn the injunction that issued.   
And the problem with that argument very simply.  Under federal law, make  treat members the military different than other voters.  The whole federal statute this, the uniformed overseas, citizens the (Voting Act ?), has special provisions like the fact that local officials have send out absentee ballot least days prior the election.  That rule doesnt apply other absentee voters.  And treat military voters differently because the exigencies military service which they are subject and other voters are not.   
And equal protection violation, treat military voters Ohio differently than all the other voters who early vote, then that means basically that the validity the entire federal statute and all the special exceptions make for military voters thrown question.  And that why think least veterans groups filed the case the side the state, not the side the plaintiffs that action.  Im hoping that this will appealed the Supreme Court. 
MR. FITTON: think they did ask for review.  Yes. ahead, Christian. you have point? 
MR. ADAMS:  No.  No. 
MR. FITTON:  Representative Metcalfe, can you talk about  you were presuming common sense solution for voter ID, but you got quite reaction.  Youve been taking leadership roles illegal immigration.  Thats actually where first met. had worked together states efforts curtail the illegal alien invasion.  But you thought this was kind going straightforward legislative initiative and strikes youve been bit surprised the vociferous reaction. 
REP. METCALFE: have. being the number one conservative the state Pennsylvanias legislature, Im also probably the number one controversial legislator the state Pennsylvania for pushing issues and doing very aggressive fashion, kind leading the offense rather that playing defense. lot the issues that Ive been out there over the years, Ive attracted national attention.  Ive attracted attention across the state, and Ive attracted share hate mail, you will, regarding various positions that Ive taken, people that oppose me.   
But until addressed the voter issue, Ive never had much e-mail and phone calls.  The number communications weve received, and those communications being vile, vulgar, profane, and threatening has been shocking for myself, family, and staff the point that some staff the Capitol were asking Im going have security some the hearings that weve held over the years and the hearings that well having the future.   
But know Ive picked some attention off the Huffington Post and off Chris Matthews Hardball.  And result those broadcasts those blogs and the things that have been written, those postings, Ive attracted lot attention across the country from New York and across the state Pennsylvania with folks that are  theyre offensive their reaction, its just hard believe that they would come across such vile manner with some the things that have been written, really very shocking.  Ive never had turn this high number communications over our legal counsel for follow-up our security have during this voter battle. 
MR. FITTON:  Any other points before open the floor, Catherine Christian?  Well, were here accept questions.   
You can  actually, want call our guests, Susan Carleson, whos here, whose organization has been working with Attorney General Meese.  Susan, you can stand and promote your efforts election integrity well and describe where people can find out more about you. 
SUSAN CARLESON:  Thank you, Tom.  Its real honor here amongst such illustrious leaders protecting the integrity our vote.   
The American Civil Rights Union, the ACRU, suppose some will call the conservative counterpoint the ACLU.  Weve been operating for years.  And, recently, most the cases that weve been involved have been against our government, the other side the fence instead the ACLU. particular case, voter fraud, they are the same side unfortunately, and have been, you all pointed out, very adamantly opposed efforts that weve all been taking. have been encouraging everyone become informed about the voting laws their states take advantage early voting they can. know that early voting something that conservatives have generally been opposed over the years. personally think its good thing that everybody show Election Day and cast their vote.   
And think the Motor Voter Act probably opened trend too far, too liberalized approach allowing everyone vote. dont want everyone vote.  Everyone doesnt have the right vote.  Citizens have rights vote. think weve gotten these mantras about everybody having the right vote that have led some people think  consider the wrong  the approach this system have. weve created were involved drafting the voter law that was introduced Representative Joe Wash last month.  Please pardon voice.  Im getting over allergy.   
MR. FITTON: didnt tell you that was going call you for forgive me. 
MS. CARLESON: this the most important election   
MR. FITTON:  Whats that legislation specifically? 
MS. CARLESON: the State Voter Integrity Act think 2012. think Election Integrity Act. 
MR. FITTON:  And what does purport do? 
MS. CARLESON: requires photo all federal elections beginning 2014.  And were hoping that its going get reintroduced the new Congress and that will passed.  And hope that this election will benefit from the work that all you are doing raising the importance this issue.   
But one the things that are concerned about the potential for disruptions Election Day.  And weve been encouraging people vote early where they can, bank your vote, make sure that your vote gets counted.   
And Catherine has been doing yeomans work soliciting hundreds thousands volunteers this country.  And weve all got take seriously. mean, this the fate our country and its what separates from most the other countries the world. thank you for having this panel, Tom, and appreciate the opportunity speak. 
MR. FITTON:  Thank you. vote early but only once, right?  Yes. you could identify yourself when you call up.  The gentleman the second row.  Hi.  Im Pat Spend (ph). guess, Mr. Adams, had question. remember long, long time ago the election the fall 70 voting absentee fire base Vietnam and dont remember any big deal. think parents got hold the local register little town upstate New York, and got ballot the mail, and voted probably September, October, and mailed back.  And guess Im little confused.  Have the rules changed now? this some the  you longer ask? 
MR. ADAMS:  Yes.  No.  The rules have totally changed from what presume about 1970.  First all, you had UOCAVA past the 1980s, and set federal minimum  well, set generalized time that ballots have out. 
MR. ADAMS:  UOCAVA.  Hans cited the full name.  Thomas put the spot  the Uniformed Overseas Citizens Absentee Voting Act.  That passed the 1980s and essentially federalized the issue. you used only have state law issue when you were Vietnam.  Now its federal issue.  The law changed again 2009.  Its called the MOVE Act.  Its federal law that sets 45-day mandate states get that ballot sent you.  This the law that states are violating everywhere.  (Off mike.) 
MR. ADAMS:  Sort of, but theres other provisions.  And Im reluctant CLE lesson UOCAVA, but one the  you forced into it.  One the things does set something called the FWAB, Federal Write-In Absentee Ballot.  And UOCAVA establishes the FWAB that allows you ask for  this going get even 
more complicated.  You can request that ballot but doesnt come, you can send the FWAB, and the FWAB postcard.  Okay. guess the short answer your question is, yes.  Everything has changed.  And its been federalized all the name helping service members.  This not some scam scheme hurt service members.  This was effort help them.   
Theres also under MOVE the right get absentee ballot e-mail that was passed 2009 theres lot new protections the law that are totally different from your experience 1970. 
MR. SPAKOVSKY:  But theres two issues here you all need know about.  The biggest problem that service members have, and this why the 45-day period was put in, was because the very long transit times for mails going overseas.  Okay? youre fire base Afghanistan, the amount time takes for you request and absentee ballot, the absentee ballot mailed you, you receive it, have time fill out, and then mail back takes very long time.  And there were all kinds experts, including from the military postal system, who came and said that days was the absolutely minimum time, and actually should least days.  And they did whole bunch studies when had large forces Iraq showing that the amount time needed for someone Iraq get mail was extremely long.   
Thats why that 45-day time period there.  And its essential that local election officials comply with that 45-day deadline because they dont, the mail probably going get overseas too late.  And the time the service member fills out and sends back, they will have missed the deadline for the election.   
But the second problem is, that because members the military move often, they dont always update their addresses with their home state election officials.  And mail gets sent the wrong place.   
And about month ago, the inspector general DOD released report that got attention the press which they looked the administration this law the Federal Voting Assistance Program Office.  This office DOD thats supposed administer the federal voting rights overseas military members.  And one the things the MOVE Act said was that every military base has set voting assistance office. this would office that would help service members update their addresses, help them request absentee ballots.  And despite the law, DOD had only opened office half   
MR. ADAMS:  Top priority the Obama administration. 
MR. SPAKOVSKY:   military bases.  And, fact, even the offices where they had opened offices, apparently when the folks tried get hold the people who were supposed working them, they couldnt get hold them. 
MR. ADAMS:  And might just cap that all off.  DOD was given $75 million this, $75 million the last two fiscal years and they blew all and failed. 
MR. FITTON:  Obviously, wasnt enough. 
MR. ADAMS:  Yes. 
MR. FITTON:  Any other questions?  Yes.  You have right front you.  Wait for the microphone please.  Thank you. name Carl Leidy (ph).  And question pertains what happens after the polls close.  Weve heard lot about voter identification, but what about the possible suppression votes mischief with the counting votes after the polls have closed?  Anybody care comment that? 
MR. ADAMS:  Well, the answer transparency.  And thats exactly why True Vote the field because you have have the counting done open fashion.  Thats what makes democracy work transparency.  And most state laws envision that and allow for it. observers can sit and watch the absentee ballots being opened.  Its dreadful process but necessary.  And you can hear them call the name out, and everybody has agreement. thats the only answer.   
Accountability  secretaries state are elected. you dont like the secretary state Minnesota, Mark Ritchie, vote him out. have safeguards like that. perfect?  Probably not.   
MR. FITTON:  Catherine, you have any detail how your volunteers what your programs are related that? 
MS. ENGELBRECHT:  Christian was spot  wherever ballots are present, observers have  most states, because every state runs their elections little bit differently, but most states, election observers are entitled there witness the counting those ballots.   
During the day inside polling places, typically procedure would call for constant auditing throughout the day, making sure that the number people who have signed the registry are fact the number votes that have been cast machines paper ballots what have you.  That requires enough citizens make that happen and requires observers make sure that the process being conducted appropriately. all comes down  this not easy  none this easy fix.  None this easy fix. comes down citizens making priority ensure that our elections are kept fair and free. 
REP. METCALFE:  Tom, could jump in. had recent study released one our commissioners Philadelphia.  Theres three commissioners that oversee the Philadelphia election process.  And they found  through that study, found that there were number instances where had foreign nationals voting that shouldnt have been voting, people voting that werent registered vote.   
But also had precincts that were registering more than 100 percent vote. had one particular that recall where there were six votes over the number people who were registered there.   
And have areas Philadelphia that people have shared with that work with our poll watchers and some our election workers because the nature the way the city has developed their precincts.  Some the precincts have been peoples homes. saw picture precinct where they were actually voting somebodys shower stall home. have some situations where theres poll watchers that wont into certain precincts because that.  And those precincts raise questions how get that transparency something more for struggle within our own election code Pennsylvania. 
MR. FITTON:  Well, theres awful joke there about clean elections and shower stalls.  (Laughter.)  Other questions?  Yes, sir.  Wait for the microphone.  Hi.  Dan Froomkin from the Huffington Post.  Obviously, theres some tensions this issue.  And Im just wondering  wanted ask the panel  how you guys balance, the one hand, the right people who dont have vote, and, the other hand, what you consider the advantages voter ID.  And Im wondering whether that any way relates what percent people you think lack compared what percent people you think are committing in-person voter fraud? 
MR. ADAMS:  Well, the first thing you pass law like Georgia South Carolina did.  South Carolina passed law that made IDs free.  South Carolina passed law, saw the court opinion yesterday, that allowed person who had hardship execute affidavit Election Day saying, have hardship. couldnt get voter ID.  And that person got cast ballot. matter fact, the state bore the burden proving that that affidavit was false, not just inadequate, false.  The state couldnt say, dont like your hardship.  The state had say, your hardship lie  very different standard.  And they only had hours it.  Effectively, that affidavit was key let everybody vote. cant emphasize enough what Hans talked about earlier.  This Justice Departments career attorneys recommended that that law pre-cleared.  Your Huffington Post probably hasnt asked single question this Justice Department whether that story accurate, because that story accurate  know because Ive 
talked the sources inside  then they just spent about $500,000 fools errand, fight law that allows anybody vote that had hardship.  The way you balance you make free, you make easy get, like Georgia did  theyll drive your house and give you the voter ID. you that way.  And that way everybody gets vote.  And, presumably, the Huffington Post has nothing more say about it.   
MR. SPAKOVSKY:  And the other thing about this is, look, theres number statistics instead guesses, not guesses, which what you get from the Brennan Center, but statistics the issue you just brought how many people dont actually already have and need get free one.   
Georgia  said, their law has been place for six years.  They keep statistics the number people who applied for because they didnt already have one.  The number people applying get out six million registered voters has averaged less than five-100s percent year, just tiny number.  Thats accord with other surveys at, for example, American University did, which showed tiny percentage people dont already have ID.   
And you made fundamental mistake your question.  You said: how many cases impersonation fraud are there?  Photo doesnt just protect against impersonation fraud. also protects against people registering under false addresses.  For example, when they use address where they dont actually live and then doesnt match their drivers license.   
Pennsylvania, where theyve passed photo law, fact, the Justice Department prosecuted very large case like that think the 1990s involving individuals who were voting Philadelphia, even though they didnt live there. also can prevent double voting people registered more than one state, you have both states with photo laws.  And also can prevent illegal aliens from voting who have pretty difficult time getting government issued photo ID.  
And yet, all those other instances that this kind law would deter are constantly not mentioned any the stories that are going like that.  And theres been plenty cases, for example, the last one also prosecutions people who are the United States illegally but who have voted, including the Mexican drug dealer mentioned, who was indicted two weeks ago California. 
MR. FITTON:  Id make this recommendation non-lawyer  Ive got read the Huffington Post more because guess theres some good reporting going there, exciting report.   
But would just look the court decisions the voter cases South Carolina and Pennsylvania, and they talk about that balancing task.  And they recognize South Carolina and Pennsylvania that sufficient accommodations have been made accommodate people who dont have access easily get voter and such.  And thats one the reasons thats being delayed. the courts have analyzed specifically light your question and concluded that the laws that have been passed that allegedly are strict really arent that strict all, and that you can get voter quite easily under these laws, and its not impediment  unreasonable impediment voting. 
MR. ADAMS:  Did you report what happened Viviette Applewhite the day after the court decision the Huffington Post?  Contrary her lawyers wishes, she ran out and got photo ID.  The thing that had been litigating was suppressant.  She ran out and got   (Off mike.)   
MR. ADAMS:  No, no.  The lawyers didnt want her it.  The lawyers were against her doing this because mooted their case.  (Off mike.) 
REP. METCALFE:  She was the lead plaintiff the case against law Pennsylvania and she dropped off lead plaintiff because she did get her ID, which proved that her accusations that she couldnt were false, just like was with many the others.   
And think that you dont have associated responsibility with right false.  Every right has associated responsibility. Pennsylvania, when exercised right bear arms  and dont have carry permit, have show photo order get carry permit carry firearm.   
Now, Pennsylvania, you have associated responsibility with your right vote.  You have show with photo ID.  And state cant make sure somebody does that.  Thats responsibility the individual.   
Weve made easy possible.  Were going give free anybody who needs it. have affidavit situation set our law also for somebody thats unable secure the documents they need, even get that photo ID, they can still sign off affidavit and still able vote. were not going keep anybody from voting. dont think  one person wouldnt have disenfranchised law this was place this November. 
MR. FITTON:  One more question over here.  Thanks.  This James Sarsonski (ph) from  Just back quote from Mr. Adams, you said theres going armies citizens and volunteers the polls simply standing sentinel over the process.  Theres going field fighting.   
And question for Mr. Adams and Ms. Engelbrecht, but also Pennsylvanian for Mr. Metcalfe well, guess wonder like the activities True Vote and associated organizations risk intimidation and not, guess wonder what would qualify  
MR. ADAMS:  What intimidating about standing  could just finish question. 
MR. ADAMS: thought was.  Im sorry. guess what would qualify illegal intimidation your statement? 
MR. ADAMS:  Let think about that.  Lets think  let me.  Please.  Please.  Its high fastball.  Maybe somebody dressed paramilitary uniform with boots and had billy club and shouted racial slurs the polls and blocked the entrance the polls, that might qualify for intimidation. can start with that one.   
Now, weve learned the law that that doesnt necessarily qualify intimidation.  Lets look the example that youre focused on: 71-year-old grandmother with clipboard standing the corner polling place writing things down, not saying word. your publication wants try spin that thats intimidation, good luck.   
MR. FITTON:  Catherine, you want respond? 
MS. ENGELBRECHT:  Here again Christian got right the money.  Theres provision the law for citizens engaged the process. way should that seen negative.   
What negative that have many the media who seem obsessed with making this issue, obsessed with perpetuating fight that need not fought over. back earlier comments. should able agree  percent our nation more agree that photo voter identification makes sense. would have spent fraction the time that have spent arguing the issue, just getting people identification, wed done.  Move down the road. guess its the thrill the fight. dont know what motivates this, but its disservice our country.  Its disservice any way shape form make voters believe that they the polls they would have less than free and fair experience.  And that visual being painted the media.   
MR. FITTON:  Thank you, Catherine. have wrap up.  Im sorry, were the time. 
REP. METCALFE:  Related Pennsylvania   
MR. FITTON:  Were done. just some wrap-up comments and were done.  
REP. METCALFE: was mentioned with Pennsylvania, had situation occurring Philadelphia with the New Black Panthers and the intimidation that was occurring down that area.  Thats certainly intimidation was mentioned, dressing the paramilitary uniforms with clubs and blocking entrances.  Weve heard lot about that. would have pushed for prosecution Pennsylvania; fell outside the statute limitation, which another area that need change that Im going working out with colleagues could prosecute something like that when the Feds dont pick it.   
But far somebody being poll watcher, thats been provided for law.  Its something that occurs election cycle after election cycle.  And intimidates those who are going commit fraud, then great. hope that does intimidate those who are going perpetrate fraud and the forces corruption from showing Election Day, because the majority constituents would want make sure that the 71-year-old grandmother with her clipboard whos overseeing the process that her being there hold people accountable, that would intimidating, constituents, the majority would applaud that. 
MR. FITTON:  Any last comment, Hans, before wrap up? 
MR. SPAKOVSKY:  Well, the one thing want just say the voter issue hear lots opponents say this fundamental constitutional right.  You shouldnt have show that.   
Well, thats interesting claim given that you want exercise, for example, your Second Amendment right purchase gun, youre going need government-issued photo ID.  And found particularly ironic  talk about Pennsylvania. the very same time that the mayor Philadelphia was talking about how terrible this new photo law was and how interfered with this fundamental right, you the website the city Philadelphia, youll find something very interesting there.   
Most you may know that the United States Supreme Court has said that the right marry fundamental civil right.  They said that the Loving vs. Virginia opinion back the 1960s when they threw out Virginias ban inter-racial marriages.  However, you want apply for marriage license the city Philadelphia, you have show government-issued photo plus second document that evidence your age.   
Now, dont quite see how you reconcile those two attitudes the mayor Philadelphia. havent heard lot cases about marriage fraud Philadelphia, although theres been case after case voter fraud Philadelphia.   
And there are many other issues like this, where you want exercise constitutional right, you have have government-issued photo ID.  And dont hear anyone saying that thats re-imposition Jim Crow, because that historically preposterous. 
MR. FITTON:  Thank you. appreciate the contribution our all our panelists here.  Excellent presentations and vigorous discussions after the fact, obviously.   
This issue isnt going away.  Our litigation was filed prior the election and will continue after the election.  Things can done until the day election, the way, remove dead people from the rolls and other ineligible voters. the obligation is, and would encourage people listening over the Internet ask their local election officials what theyre doing now clean election rolls.  And can done until the day the election.   
And certainly this discussion will continue after the election these voter laws continue passed state after state.  And maybe the federal government will preempt all, were hearing from Susan, and get federal requirement for federal photo some type vote the federal election. well see what happens.  But these are the folks you want paying attention see where are the cutting edge. appreciate your time.  And were all available the Internet, virtually all the groups: Hans Heritage, Daryl Metcalfe the Pennsylvania State Legislatures website, True Vote for Catherine, and Election Law Center for Christian. thank you very much for joining us. appreciate it.  (Applause.)