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Red flags on voter records may lead to nothing
Tuesday,  October 7, 2008 3:02 AM
THE COLUMBUS DISPATCH

DispatchPolitics

After new voters in Ohio provide a driver's license number or part of their Social Security number to register, an automatic computer check is done to determine whether that information matches existing state or federal records.

But when the numbers don't match, what happens?

Virtually nothing.

The lack of follow-through has become the latest legal dispute between Democratic Secretary of State Jennifer Brunner and Republicans, especially with Ohioans able to register to vote and immediately cast an absentee ballot from Sept. 30 through yesterday.

Some observers say the discrepancies overwhelmingly are the result of typos or other mistakes and not fraud. But Brunner was unable to say yesterday how many new Ohio voters' records have not matched.

The Ohio Republican Party asked a federal court on Sunday to force Brunner to identify mismatches since Jan. 1 and try to resolve any discrepancies before the Nov. 4 election, arguing that people could register with bogus information that isn't verified.

"This is no mere technicality; it is the cornerstone of American democracy that every qualified voter should vote, but that persons who are not qualified voters should not vote," the GOP said in its court filing.

U.S. District Court Judge George C. Smith of Columbus ordered Brunner to respond by 10 a.m. today, although both sides asked jointly to delay that until Wednesday.

Brunner said in an interview yesterday that fears about voter fraud are overblown, and she's concerned that Republicans are seeking grounds to challenge voters or are discouraging voting.

"I don't know when it became vogue to put fear into the voting process, except if you don't want people to vote," she said.

At issue is what happens after new voters register. Under penalty of election falsification, they must provide their name, address, date of birth and either their driver's license number or the last four digits of their Social Security number.

Each county enters that information into its computer system, which then gets uploaded to a statewide voter-registration database. The state system flags and notifies counties of any duplication, such as if someone is already registered.

Under the federal Help America Vote Act and state law, the information about the new registrants also must be matched against records maintained by the state Bureau of Motor Vehicles and Social Security Administration.

Brunner said that when a mismatch occurs, the voter's record in the statewide database is flagged and counties are free to access the information. Whether any county is doing anything about those records is unknown.

Matthew Damschroder, deputy director of the Franklin County Board of Elections and a past president of the Ohio Association of Election Officials, said his office specifically requested data about mismatches from Brunner's office.

There was no response to e-mails, he said.

Brunner and others also say there is no federal requirement about what must be done if the information from new registrants doesn't match.

The Brennan Center for Justice at New York University's law school, which opposes using mismatches alone to disqualify voters, says the matching was intended for record-keeping and not for checking voter eligibility.

Four states don't allow people to register if there is a mismatch. Some states do nothing, while others require voters to sign an affidavit or show additional identification, the center said.

Brunner said there have been only a handful of documented cases of actual voter fraud in Ohio, and that other safeguards are in place to catch fraud in the state's bipartisan system.

But Columbus lawyer William M. Todd, representing the Ohio GOP, said all pertinent information should be given to counties to help make sure people who aren't eligible don't vote.

As of yesterday, 9,264 people had cast in-person absentee ballots in Franklin County. Of that number, 1,776 completed registration forms immediately before voting.

mniquette@dispatch.com



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