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Murphy's Law

This article originally appeared on MilwaukeeMagazine.com
http://www.milwaukeemagazine.com:80/murphyslaw/default.asp?newmessageid=22864

The Naked Attorney General

And: Why We're So Crucial to McCain

by Bruce Murphy | Tuesday 9/16/2008

On my driver’s license I’m Bruce T. Murphy. At the polls I always identify myself simply as Bruce Murphy. I’ve never been asked my middle initial by a poll worker.

In short, I could be among the 241,000 voters that the state’s Government Accountability Board has found could be removed from the poll lists because there is a mismatch between how they’re identified in voting records versus their driver’s license and other state data bases. Wisconsin Attorney General J. B. Van Hollen is suing the GAB, which oversees ethics and elections in Wisconsin, to force it to take this action.

Van Hollen says he simply wants the state to comply with the federal Help America Vote Act of 2002, which provided funding for states to replace punch-card voting systems and create a central data bank of voter identification. Van Hollen, a Republican, insists his only goal is to assure a better democracy.

After all, many voters in Van Hollen’s party could be disenfranchised over night. Take one example noted by Kimberly Bushey, president of the Wisconsin County Clerks Association. She says that in municipalities with a population under 5,000 people, there has been no registration of voters to comply with federal law prior to 2006, so that any voter who only votes in presidential elections would not appear on the lists. And these are rural areas that tend to vote Republican.

Or take another example: The Government Accountability Board checked the information on its six board members, who are all retired judges, and found four of them failed a cross-check of their voter registration with state driver’s license files. So it’s safe to say some well-to-do types who might lean Republican could lose their right to vote.

But which voters are most likely to have a discrepancy in their identification? I checked with John Pawasarat, director of the UW-Milwaukee Employment & Training Institute, and the most quoted expert nationally on comparing driver’s licenses to voter registration files. Pawasarat’s research frequently cross-checks the data for individuals’ wage files, welfare files, driver’s license files and school census data.

Pawasarat says the most common group to have discrepancies is Hispanics, who often have hyphenated last names that get reversed, or in some cases they drop the hyphen. Second most common is African-Americans, who often have unique first names that get misspelled in one data file. Third-most common is Hmongs, whose first and last names get transposed.

Given that about 90 percent of African-Americans and 60 percent or more of Hispanics vote Democratic, that would be a pretty good group of voters to disqualify if you are Republican.

Urban polling places are the most likely to have long lines for presidential elections. Now add to that a situation where a huge number of voters might have to fill out a provisional ballot, because of a discrepancy that has never previously stopped them from voting. This time-consuming process (there has to be a witness for each such ballot) could make some voters give up and go home. By contrast, in municipalities with less than 5,000 voters, the numbers are small and don’t vary that much; provisional ballots can be handled more easily. In short, Democratic voters are more likely to be discouraged and disenfranchised.

It was the Republican Party, not Van Hollen, that originally demanded the Government Accountability Board take action to bar all these voters. The GAB is nonpartisan and run by six retired judges. The six judges were selected from a list by Gov. Jim Doyle, with three appointments getting approved by the Republican-led state Assembly and three getting approved by the Democratic-led state Senate. Its members, and its legal counsel George Dunst, did not believe the federal law required the action demanded by the Republican Party.

The GAB went further than consult the law, however. It solicited testimony from the experts on local polling places, the Wisconsin Municipal Clerks Association and the Wisconsin County Clerks Association. Representatives of both groups predicted the Republican Party’s proposal could not be accomplished in the 10 weeks remaining until the election and would “create havoc” at the polls (and we're now down to seven weeks). Bushey says she checked with her membership in the state’s 72 counties and the members were “overwhelmingly” opposed to the GOP idea. Nancy Zastrow, head

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of the Municipal Clerks Association, said the feeling was the same among her 1,300 fellow clerks.

Only after the Republican Party’s demand was shot down did Van Hollen go into action.

At this point, it’s worth noting that Van Hollen has been under suspicion as a RINO or Republican In Name Only, by such august conservatives as talk show hosts Charlie Sykes and Jeff Wagner. Their fellow conservative (and Milwaukee Magazine contributor) Jessica McBride joined in, complaining that the Wisconsin State Journal praised Van Hollen for not being a right-wing ideologue: “With all due respect, the only problem with that analysis is that he PROMISED to be a right-wing ideologue.”

Van Hollen seems intent on making amends. He is state co-chair of John McCain’s presidential campaign, which would benefit from a lower turnout of blacks and Hispanics. Even so, one senses a certain ambivalence. Van Hollen first told the Milwaukee Journal Sentinel he was not demanding that the GAB remove people from the voter rolls. But his special assistant, Kevin St. John, called back to say the attorney general was indeed asking that people be removed from the voting list.

I doubt that Van Hollen’s complaint will succeed. For starters, it remains to be seen constitutionally if federal law can require a state to purge its lists of voters. The law in question merely says the state must create a uniform system, which it has. States were supposed to have this done by 2004, but Wisconsin got an extension to 2006 from a federal agency. So why couldn’t the agency extend the date to the summer of 2008, by which time Wisconsin had complied with the law. Isn’t this merely a quibble about a federal agency’s discretion in setting a deadline?

But, of course, it doesn’t matter if Van Hollen loses the case. Either way, he will have gained points with all those RINO hunters. This is a naked political ploy by an attorney general who doubtless knows better.

Why Wisconsin is Critical to McCain

Republican sources say the McCain campaign considers Wisconsin one of the most important states in the race, according to a column by talk show host Mark Belling.

The theory is that a huge turnout of black voters in border states like Kentucky, Tennessee and Arkansas could gain Barack Obama a state or two that President Bush carried in 2004, so McCain has to gain a state or two that Bush lost.

Perhaps no place qualifies as more of a swing state than Wisconsin when the elections for both 2000 and 2004 are taken into account, as The Economist recently declared. It argues, however, that McCain may need to make up for Virginia or Colorado, two states that Bush won in 2004.

Either way, it’s clear McCain will be targeting Wisconsin, which in turn should guarantee that Obama pays a ton of attention to us.

The Buzz

-The newly slimmed-down Journal Sentinel is running fewer syndicated stories and passed on Sunday’s juicy New York Times report on Sarah Palin’s style as governor. Probably won’t change most people’s views on Palin, but riveting stuff.

-Citizens for Responsive Government has dug through the entire budget of Milwaukee Area Technical College, analyzing over 54,000 invoices for $125 million. Given the rise in MATC’s budget over the years, a worthy undertaking.

-And the speculation that an Obama win would mean a job in D.C. for Gov. Doyle continues, with some insiders saying it would be a health-related position, and Doyle’s director of Medicaid, Jason Helgerson, would go with him.

-The JS gave short shrift to an Associated Press story that reports accusations that the McCain campaign is sending Democrats to the wrong polling places in Wisconsin. The story was buried on page 10 of the JS metro section. Ten voters complained about this problem to the Government Accountability Board. State Republican Party Executive Director Mark Jefferson denied this was part of any voter suppression effort. He chalked it up to a mistake in the voter information the party had and noted that "no list is perfect." Jefferson might want to pass that thought on to the attorney general.

And the Sports Nut marvels, nay swoons, at the firing of Ned Yost.



19 Comments



>> posted by Mike Thompson on 9/16/2008 12:10:25 PM
That anybody in Wisconsin would vote for McCain is a mystery. How many young Wisconsin kids have died, fighting for Bush's war which McCain declared would last 100 years? Republicans were in charge and were warned. They are totally incompetent.Security, war, economics, Republicans are a disaster for Wisconsin.
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>> posted by Jack Lohman on 9/16/2008 12:21:57 PM
This is an absolutely foolish argument. Let's do it right, with a good Voter ID bill, and then nobody will be turned away at the polls. Not even those who have had their houses foreclosed, not even those who are homeless, no one!

"Opponents claim that Voter ID is used to block minorities from the polls, when in fact a good Voter ID system would guarantee access by all legal voters, regardless of race. No legitimate voter would be turned away, and all it would require is registering once every eight years or so. Republicans and Democrats alike."

I've written about this here: tinyurl.com(forwardslash)voterid

But I find Winston Churchill's quote instructive: "America will always do the right thing, but only after everything else fails."
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>> posted by Chris on 9/16/2008 1:52:15 PM
100 years? Well we're still in Germany and Japan over 50 years later, that doesn't seem to be ending soon.
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>> posted by Joseph T. Klein on 9/16/2008 2:59:51 PM
Why not virtual voter ID?

So, are the voter ID proponents willing to advocate a digital picture database? Why can't voters have a digital snapshot filed as part of registration rather than ID cards?

The digital pictures could be added to the voter database and distributed on DVDs to non Internet connected polling places. Polling places could make a batch update for on site registration. People running registration drives would have the minor inconvenience of carrying a digital camera with an accurate time stamp. They could just correlate the picture and the registration information by time and add it via a secure web site.

Having no physical ID cards would tend not to disenfranchise working people and low income people who can not afford the time off at work to run over to the DMV to get a card. Voters can't accidentally a shared database, run it through the wash, are have it eaten by the dog.

This is not rocket science, look at how many people have added pictures on Facebook. I suspect it would be much cheaper than vote suppression motivated ID card proposal. It should not cost millions of dollars to add a picture object to the existing state database. It could only cost more than a card based system if we have extraordinarily incompetent IT people at the state.

It is interesting, as a side note, that at one time Wisconsin allowed immigrants to vote. The citizenry should get some common sense and stop listening to the Neo-Know-Nothings, most of who's forefathers where once the bane of the old Know-Nothings.

Google IMMIGRANT VOTING RIGHTS IN WISCONSIN and KNOW NOTHING for more information on the above side note topics.

Joe Klein
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>> posted by Janet Boles on 9/16/2008 3:18:07 PM
One of the MJS syndicated features I'll most miss is "Doonesbury." Was this a move dictated by the cost of continuing it or the sheer lameness of "Millard Fillmore" in contrast?
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>> posted by Jack Lohman on 9/16/2008 3:30:59 PM
Joe, I am one voter ID proponent that would support that idea and more. I would like to see it a National ID card with picture and biometrics, including fingerprints, eye scan and DNA. But that will never get supported by the ACLU, and we certainly have to cozy up to them. But I would require that people register at the closest bank. They can get to the welfare office, let them stop by the bank once every 8 years. I would not leave it to the public to register the public.
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>> posted by Jack Lohman on 9/16/2008 3:32:18 PM
And no, they don't have to have an account at the bank, just bring adequate ID.
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>> posted by MilwMike on 9/16/2008 4:54:56 PM
"Welfare office"? Where's a welfare office? Clinton abolished welfare ten years ago. I hope you're more informed about candidate positions.
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>> posted by Jack Lohman on 9/16/2008 5:41:15 PM
Do you not get the point?
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>> posted by (MilwMike)-Mike Loew on 9/16/2008 6:02:16 PM
Sorry Jack, I guess not. I'm trying to figure who you mean by "they".
In fact you lost me on the ACLU non sequitur and I confess I'm baffled by having "banks" and not "the public" registering us. I have no idea what it is you are suggesting.
I am unequivalently opposed to having everyone carrying a national ID, so maybe the problem is on my end by just not seeing your point.
Peace,
Mike
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>> posted by Dohnal on 9/16/2008 6:20:23 PM
itis irrefutable that there has been a lot of voter fraud in the Milwaukee county area for years. The police reports, the prosecutions plus a lot more show that. The law says that we have check out the voters.
What else do you liberals want? Constant fraud affecting elections to keep your guys in power?
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>> posted by Jack Lohman on 9/16/2008 6:25:23 PM
Well, I've used "they" for both sides of the battle, Mike, so I see the confusion. But for all kinds of reasons I do favor a national ID card, and that may put us on the opposite side of the issue. Air travel, opening credit, voting, cashing checks, whatever. It makes all kinds of sense. And yes, the ACLU will oppose the idea. I say banks because they are on every corner and we don't need to send all of the people in my city of one million to just 3 or 4 Department of Motor Vehicle centers. Banks are equipped or easily can be, and they offer no excuse to those who don't want to put forth a little effort to get registered. I've written more about it here: tinyurl.com(forwardslash)voterid

(sorry, this web site does not allow standard web addresses)
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>> posted by Don Noel on 9/16/2008 9:08:54 PM
What is your evidence of "a lot of voter fraud?" Everything I've seen providing data consistently reveals a very low incidence of fraud.

And your point is laughable regarding "constant fraud...to keep your guys in power." Don't you realize that Thompson and McCallum ran this state (into enormous debt!) for 16 years and Republicans dominated Congress from 1994 to 2006 and have controlled the Executive Office since January 2001 not to mention stacking the Supreme Court with reactionaries. Your conservative ideology is so engrained that you can't recognize reality.
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>> posted by Matt on 9/17/2008 10:35:56 AM
Why do reporters keeps saying the board is made up of "retired" judges. Some of them are still active as reserve judges, and Michael Brennan is an actual judge in Branch 15- Milwaukee County. He is also a member of the Federalist Society and the judge who went way over the reccomendations of the prosecutors in the tire slashing case. In other words, there is some right wing representation on this board. So Van Hollen is kind of eating his own for his political ambitions, because when he questions the board he is questioning one of the biggest legal stars on the right.

And since he is doing it for his candidates political gain, one might question whether he has a conflict of interest. And where he continues operating with a known conflict of interest one might wonder why no one is investigating him for the state bar.
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>> posted by DARIOUS GALLOW on 9/17/2008 1:25:41 PM
FORGET YALL
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>> posted by Michael on 9/19/2008 12:40:52 PM
Matt has it all wrong. There is a Michael Brennan actively serving on the Milwaukee Circuit Court, but the Michael Brennan on the Accountability Board is a retired judge from Clark County. The Milwaukee judge is conservative and the Clark County judge is liberal.
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>> posted by appleton14 on 9/22/2008 2:28:37 PM
Isn't Van Hollen simply asking that federal law be enforced?
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>> posted by Ann Kenevan on 9/23/2008 9:06:59 AM
The only one that would worry about voter Id would use doing fraud like ACORN
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>> posted by cat on 9/23/2008 1:50:58 PM
Bruce, your statement that WI is a swing state when you take into account the Presedential elections in 2004 and 2008 contradicts your article on August 5 declaring WI isn't a swing state, which is it??? It seems the left is a bit concerned since Palin has joined the ticket. Heh!
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