<http://www.va.gov/oca/images/senate_seal.jpg>
UNITED STATES SENATE

FOR IMMEDIATE RELEASE:                  CONTACT:    Alex Swartsel 
(Whitehouse), 202-228-6293
 
Erica Chabot (Leahy), 202-224-2154
 
Gil Duran (Feinstein), (202) 224-9629
 
Dan McLaughlin (Nelson), 202-224-1679
 
Brian Fallon (Schumer), 202-224-7433
 
Kate Cyrul (Harkin), (202) 224-3254
 
Bryan DeAngelis (Dodd), 202-224-5372
 
Meghan Dubyak (Brown), 202-224-3978
March 5, 2009                                                            

Senate Bill Would Outlaw Notorious Voter Suppression Tactic
11 Senators Introduce Legislation to Sharply Limit Frivolous 
Challenges to Voter Eligibility

Washington, D.C. - Political operatives would be unable to challenge 
a person's right to vote (or register to vote) based solely on 
unreliable information if a Senate bill introduced today becomes law. 
U.S. Senator Sheldon Whitehouse (D-R.I.), along with Senators Patrick 
Leahy (D-VT), Dianne Feinstein (D-CA), Russ Feingold (D-WI), Bill 
Nelson (D-FL), John Kerry (D-MA), Charles Schumer (D-NY), Tom Harkin 
(D-IA), Chris Dodd (D-CT), Amy Klobuchar (D-MN), and Sherrod Brown 
(D-OH) again offered legislation aimed at preventing the practice of 
"voter caging," a voter suppression tactic which has often been used 
to target minority voters.

"Last year's historic election proved that the right of an eligible 
voter to cast his or her vote is essential to our democracy," said 
Whitehouse, a member of the Senate Judiciary Committee and a former 
U.S. Attorney and Rhode Island Attorney General. 

"The practice of voter caging chips away at core protections in our 
democracy.  The very legitimacy of our government is dependent on the 
access all Americans have to the political process.  Rooting out 
partisan voter caging tactics requires us to give federal officials 
the tools and resources they need to investigate and prosecute 
organized efforts to suppress the right to vote.  This bill will do 
exactly that," said Senate Judiciary Committee Chairman Patrick Leahy.

"There's no place for underhanded vote suppression schemes in our 
democracy," said U.S. Senator Bill Nelson, a Florida Democrat who's 
proposed a series of other election reforms including direct election 
of the president by popular vote.  "This particular bill guards 
against attempts by political parties to game the system."

"Those engaging in tactics like caging have one goal - to cheat the 
system," said Kerry. "This bill will ensure that anyone interfering 
with our basic right to vote by carrying out such tactics will face 
the consequences. We should be focusing our energies on encouraging 
citizens to vote, not restricting access."

"Voter suppression and manipulation have no place in our democracy," 
said Senator Schumer, Chairman of the Rules Committee, which had 
jurisdiction over the bill in the last Congress. "To ensure 
underhanded tactics do not threaten the strength and legitimacy of 
our government, we must protect the right of all people to have equal 
voice and equal access to the voting booth."

"Ensuring eligible voters have free and open access to the ballot box 
is a fundamental right all Americans expect and deserve," said 
Harkin.  "This bill will ensure that suppression tactics by a 
political party do not influence our elections."

"The use of this partisan technique by political parties and others 
threatens one of the fundamental pillars of our democracy - the right 
to vote," said Dodd.  "This legislation will help protect voters 
against such underhanded tactics."

Senator Sherrod Brown said, "Americans are struggling with an economy 
and housing market in crisis, but the right to vote should not be 
jeopardized by either. As we work together to rebuild this country, 
we need to ensure that Americans have equal access to making their 
voices heard and their votes cast. This bill protects American 
families and our democratic principles."

The Caging Prohibition Act, which was first introduced in the 110th 
Congress, would prohibit interference with registration or voting 
based solely on unreliable information, such as a "caging list." 
Caging is a voter suppression tactic in which a political party, 
campaign, or other entity sends mail marked "do not forward" to a 
targeted group of voters - often minorities or residents of minority 
neighborhoods.  A list of those whose mail was returned "undelivered" 
is then used as the basis for challenges to the right of those 
citizens to vote, on the grounds that the voter does not live at the 
address where he or she is registered.  There are many reasons that 
mail is returned undelivered, however; an eligible voter could be 
overseas on active military service or a student registered at a 
parent's address.

The Caging Prohibition Act would mandate that anyone who challenges 
the right of another citizen to vote must set forth the specific 
grounds for that voter's alleged ineligibility and describe the 
evidence to support that conclusion, under penalty of perjury. 
Following allegations in 2008 that Republican Party officials in 
Michigan, Florida, Indiana, and Ohio were considering challenging the 
eligibility of voters who were on a list of people whose homes were 
subject to foreclosure, the sponsors updated last year's version of 
the Caging Prohibition Act to explicitly prohibit challenges based on 
the foreclosure status of a voter's residence.

The Caging Prohibition Act has been endorsed by a diverse coalition 
of civil rights organizations, including the Brennan Center for 
Justice at the New York University School of Law, the Lawyers' 
Committee for Civil Rights Under Law, the Leadership Conference on 
Civil Rights, and People for the American Way.

"Caging creates bad lists that are used to purge, challenge, and 
harass eligible voters," said Justin Levitt, a voter registration 
expert at the Brennan Center for Justice at NYU School of Law.  "The 
Caging Prohibition Act would protect all Americans against operatives 
using uncorroborated, unreliable information to threaten their most 
fundamental rights.  The time to put these safeguards in place is 
now, before we are swept up in the heat the next election."

On the Web: 
<http://whitehouse.senate.gov/newsroom/press/release/?id=9312b820-86f1-4fa9-b0b7-804b85ee4ecd>http://whitehouse.senate.gov/newsroom/press/release/?id=9312b820-86f1-4fa9-b0b7-804b85ee4ecd

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