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Judicial Watch • CA NVRA letter July 2017

CA NVRA letter July 2017

CA NVRA letter July 2017

Page 1: CA NVRA letter July 2017

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Number of Pages:6

Date Created:July 31, 2017

Date Uploaded to the Library:July 31, 2017

Tags:Padilla, Registrar, registered, maintenance, NVRA, Registration, Voters, 2017, voter, letter, email, California, judicialwatch, Secretary, State Department, COUNTY, Supreme Court, office, Washington


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July 31, 2017
VIA USPS CERTIFIED MAIL AND EMAIL
The Honorable Alex Padilla
California Secretary State
1500 11th Street
Sacramento, California 95814
Re: Violations Section the National Voter Registration Act, U.S.C. 20507
Dear Secretary Padilla: write legal counsel for Michael Black, Tom Burr, Fred Cruz, Dennis Dorman, Jean
Esop, Jerry Griffin, Rhue Guyant, Sharon Kowalski, Wolfgang Kupka, Susan Lowell, Delores Mars, James Oerding, Richard Parker, Jim Redhead, Lisa Remmer, Charlene Saunders,
Michael Sienkiewicz, Melanie Swain, Norman Charles Walker, Hugh Winthrop, Kristine
Wolfley, their individual capacity registered California voters, and Judicial Watch, Inc.,
bring your attention violations Section the National Voter Registration Act NVRA California. From public records obtained the Election Assistance Commission EAC
2016 Election Administration Voting Survey EAVS and through verbal accounts from
various county agencies, eleven (11) counties California have more total registered voters than
citizen voting age population (CVAP) calculated the U.S. Census Bureau 2011-2015
American Community Survey. This strong circumstantial evidence that California
municipalities are not conducting reasonable voter registration list maintenance mandated
under the NVRA.
NVRA Section requires states conduct reasonable list maintenance maintain accurate record eligible voters for use conducting federal elections.1 you may know,
Congress enacted Section the NVRA protect the integrity the electoral process.
Allowing the names ineligible voters remain the voting rolls harms the integrity the
electoral process and undermines voter confidence the legitimacy elections. the U.S.
Supreme Court has stated, [P]ublic confidence the integrity the electoral process has
independent significance, because encourages citizen participation the democratic process. California, responsibility coordinate statewide NVRA Section compliance lies with the Secretary State
Office. See Cal. Elec. Code 2404(a).
Crawford al. Marion County Election Board, 553 181, 197 (2008).
425 Third St. SW, Suite 800, Washington, 20024 Tel: (202) 646-5172 1-888-593-8442
FAX: (202) 646-5199 Email: info@JudicialWatch.org www.JudicialWatch.org
Hon. Alex Padilla
July 31, 2017
This letter serves statutory notice that Michael Black, Tom Burr, Fred Cruz, Dennis
Dorman, Jean Esop, Jerry Griffin, Rhue Guyant, Sharon Kowalski, Wolfgang Kupka, Susan
Lowell, Delores Mars, James Oerding, Richard Parker, Jim Redhead, Lisa Remmer,
Charlene Saunders, Michael Sienkiewicz, Melanie Swain, Norman Charles Walker, Hugh
Winthrop, Kristine Wolfley, their individual capacity registered California voters, and
Judicial Watch, Inc., will bring lawsuit against you and, appropriate, against the counties
named this letter, you not take specific actions correct these violations Section
within days. addition, this letter are asking you and, the extent that they keep
records separately, the eleven (11) counties named this letter, produce certain records
which you are required make available under Section 8(i) the NVRA.3 hope that
litigation will not necessary enforce either these claims. the top election official California, your responsibility under federal law
coordinate California statewide effort conduct program that reasonably ensures the lists
eligible voters are accurate. The following information explains how determined that your
state and the counties named are violation NVRA Section and the remedial steps that
must taken comply with the law.
Eleven California Counties Have More Total Registered Voters Than Citizen Voting
Age Population
Based our review 2016 EAC EAVS report, the 2011-2015 U.S. Census Bureau
American Community Survey, and the most recent California total active and total inactive voter
registration records, California failing comply with the voter registration list maintenance
requirements Section the NVRA. For example, comparison the 2011-2015 U.S.
Census Bureau American Community Survey, and the most recent California active and
inactive voter registration records shows there were more total registered voters than there were
adults over the age living each the following eleven (11) counties: Imperial (102%),
Lassen (102%), Los Angeles (112%), Monterey (104%), San Diego (138%), San Francisco
(114%), San Mateo (111%), Santa Cruz (109%), Solano (111%), Stanislaus (102%), and Yolo
(110%). Our own research shows that the situation these counties is, anything, worse than
the foregoing data suggest. For example, contacted Los Angeles County directly this past
June. that time, county officials informed that the total number registered voters now
stands number that whopping 144% the total number resident citizens voting
age. our experience, these kinds registration rates indicate failure comply with the
voter list maintenance requirements the NVRA. The failure maintain accurate, up-to-date
voter registration lists creates the risk that the 2018 federal elections will lack the integrity
required federal law and the expectations California citizens, and will therefore
undermine public confidence the electoral process. U.S.C. 20507(i).
425 Third St. SW, Suite 800, Washington, 20024 Tel: (202) 646-5172 1-888-593-8442
FAX: (202) 646-5199 Email: info@JudicialWatch.org www.JudicialWatch.org
Hon. Alex Padilla
July 31, 2017
The NVRA Requires You Undertake Reasonable Efforts Maintain
Accurate Lists Eligible Registered Voters
Under Section the NVRA, California, and each county identified this letter,
required undertake uniform, nondiscriminatory voter registration list maintenance program
that complies with the Voting Rights Act 1965.4 Specifically, Section requires states
make reasonable effort remove the names ineligible voters from the official lists
eligible voters due (A) the death the registrant (B) change the residence the
registrant place outside the jurisdiction which she registered.5 Section also
requires states ensure noncitizens are not registered vote.6
The list maintenance obligations Section the NVRA were elaborated upon the
Help America Vote Act HAVA which requires states ensure that voter registration
records the State are accurate and updated regularly and undertake system file
maintenance that makes reasonable effort remove registrants who are ineligible vote from
the official list eligible voters. HAVA also requires each state coordinate its
computerized statewide voter registration list with state agency death records.8 Finally, HAVA
requires all states remove convicted felons from the voter rolls felons cannot vote under
state law.9 the chief state election official for California, you are required lead and direct voter
list maintenance efforts your state, and you must conduct active oversight program
monitor local county election officials list maintenance activities.10 your oversight reveals
that counties have failed adequately execute list maintenance tasks, you must either change the
state program ensure county compliance, assume direct responsibility over the failing
counties list maintenance tasks.11 U.S.C. 20507(b)(1). U.S.C. 20507(a)(4).
U.S. Florida, 870 Supp. 1346, 1351 (N.D. Fla. 2012) For noncitizens, the state duty maintain
accurate voting list state can and should block[] noncitizen from registering the first place U.S.C. 21083(a)(4) and 21083(a)(4)(A). U.S.C. 21083(a)(2)(A)(ii)(II). U.S.C. 21083(a)(2)(A)(ii) and (ii)(I).
U.S. Missouri, 535 F.3d 844, 850-851 (8th Cir. 2008).
U.S. Missouri, 535 F.3d 844, 851 (8th Cir. 2008).
425 Third St. SW, Suite 800, Washington, 20024 Tel: (202) 646-5172 1-888-593-8442
FAX: (202) 646-5199 Email: info@JudicialWatch.org www.JudicialWatch.org
Hon. Alex Padilla
July 31, 2017
Failure Comply with NVRA Subjects You Lawsuits and Financial Costs passing the NVRA, Congress authorized private right action enforce the
provisions the NVRA, including Section Accordingly, private persons may bring lawsuit
under the NVRA the violations identified herein are not corrected within days receipt
this letter.12 You are receiving this letter because you are the designated chief state election
official under the NVRA.
Congress also authorized awards attorney fees, including litigation expenses and
costs, the prevailing party.13 Consequently, lawsuit initiated under the NVRA and the
court finds you violation, you will responsible for paying our attorneys fees, costs, and
litigation expenses.
Avoiding Litigation hope you will promptly initiate efforts comply with Section that lawsuit
will necessary. ask you and, the extent that they wish respond separately, each
county identified this letter, please respond this letter writing later than days
from today informing the compliance steps you are taking. Specifically, ask you to: (1)
conduct implement systematic, uniform, nondiscriminatory program remove from the list eligible voters the names persons who have become ineligible vote reason change residence; and (2) conduct implement additional routine measures remove from the list eligible voters the names persons who have become ineligible vote reason death,
change residence, disqualifying criminal conviction, and remove noncitizens who have
registered vote unlawfully.
When you respond this letter, you, and, the extent that they wish respond through
separate counsel, each county identified this letter, should identify all the steps taken
planned, detail, and advise the results those efforts the target implementation date
for each identified activity program. you plan begin taking new steps 2017 comply
with your obligations, please outline them your response, providing specific dates for
completion each activity. order avoid litigation, may seek certain reasonable
assurances that you will affirmatively undertake the steps outlined, and including the
execution settlement agreement. You may wish consult Judicial Watch recent
settlement agreement with the State Ohio for examples certain activities which tend
show compliance with NVRA Section 8.14 You should also evaluate whether your office
communicating and coordinating effectively for list maintenance purposes with the various
federal, state, and local entities listed immediately below Section this letter. U.S.C. 20510(b)(2). U.S.C. 20510(c). copy the Settlement Agreement between Judicial Watch and Ohio available
http://www.judicialwatch.org/wp-content/uploads/2014/01/01-14-Ohio-Voter-Rolls-Settlement.pdf.
425 Third St. SW, Suite 800, Washington, 20024 Tel: (202) 646-5172 1-888-593-8442
FAX: (202) 646-5199 Email: info@JudicialWatch.org www.JudicialWatch.org
Hon. Alex Padilla
July 31, 2017
Production Records
Finally, pursuant your obligations under the NVRA,15 your office and, the extent
that they keep records separately from your office, each county named this letter, should make
available all pertinent records concerning the implementation programs and activities
conducted for the purpose ensuring the accuracy and currency California official eligible
voter lists during the past years. Please include these records with your response this letter.
These records should include, but are not limited to: Copies the most recent voter registration database from each California county and
city mentioned this letter, including fields indicating name, date birth, home
address, most recent voter activity, and active inactive status. Copies all email other communications internal the office the California
Secretary State, including any its divisions, bureaus, offices, third party agents,
contractors, (hereinafter, collectively Secretary Office relating the maintenance
accurate and current voter rolls. Copies all email other communications between the Secretary Office and all
California County voter registration officials concerning: Instructions the counties concerning their general list maintenance practices and
obligations; Instructions the counties for the removal specific noncitizens and deceased,
relocated, convicted persons identified the Secretary Office; and Notices the counties concerning any failure comply with their voter list
maintenance obligations under California program. Copies all email other communications between the Secretary Office and the
California State Department Health, the California State Department Corrections,
the California Department Motor Vehicles, and the California State Judiciary
concerning obtaining information about deceased, relocated, convicted, noncitizen
registered voters for the purpose updating California voter registration lists. Copies all email other communications between the Secretary Office and the U.S.
Attorney(s) for California, the U.S. District Court for California, the U.S. Social Security
Administration, the U.S. Postal Service, the U.S. Citizenship and Immigration Services,
and the U.S. Department Homeland Security concerning the National Change
Address database, the Systematic Alien Verification for Entitlements database, any
other means obtaining information about deceased, relocated, convicted, noncitizen
registered voters for the purpose updating California voter registration lists. U.S.C. 20507(i).
425 Third St. SW, Suite 800, Washington, 20024 Tel: (202) 646-5172 1-888-593-8442
FAX: (202) 646-5199 Email: info@JudicialWatch.org www.JudicialWatch.org
Hon. Alex Padilla
July 31, 2017 Copies all email other communications between the Secretary Office and the
Interstate Voter Registration Cross-Check Program, the Electronic Registration
Information Center, the National Association for Public Health Statistics and Information
Systems, the American Association Motor Vehicle Authorities, and any other U.S.
State concerning obtaining information about deceased relocated registered voters for
the purpose updating California voter registration lists. these records are not produced within days, you fail otherwise advise that you are
making them available specified times and locations, you will deemed
violation the NVRA and subject litigation. hope that the concerns identified this letter can resolved amicably. However,
believe you not intend correct the above-identified problems, federal lawsuit seeking
declaratory and injunctive relief against you may necessary. look forward receiving
your prompt response.
Sincerely,
JUDICIAL WATCH, INC. Robert Popper____________
Robert Popper
Attorney, Judicial Watch, Inc.
By: U.S. Postal Service Certified Mail and Email
cc: Robert Popper, Esq., Judicial Watch; Jana Lean, Chief Elections Division, California
Secretary State; Debbie Porter, Imperial County Registrar Voters; Julie Bustamante, Lassen
County Clerk-Recorder; Dean Logan, Los Angeles County Registrar Recorder/County Clerk;
Claudio Valenzuela, Monterey County Registrar Voters; Michael Vu, San Diego County
Registrar Voters; John Arntz, San Francisco County Director Elections; Mark Church, San
Mateo County Chief Elections Officer Assessor-County Clerk-Recorder; Gail Pellerin, Santa
Cruz County Clerk; Ira Rosenthal, Solano County Registrar Voters; Lee Lundrigan, Stanislaus
County Registrar Voters; Jesse Salinas, Yolo County Clerk-Recorder
425 Third St. SW, Suite 800, Washington, 20024 Tel: (202) 646-5172 1-888-593-8442
FAX: (202) 646-5199 Email: info@JudicialWatch.org www.JudicialWatch.org