2009 PRESS RELEASES

November 17, 2009

EFF appeals ruling in underage voter registration lawsuit

OLYMPIA—The Evergreen Freedom Foundation today appealed the ruling from Thurston County Superior Court Judge Anne Hirsch who said that Secretary of State Sam Reed’s voter registration practices had not violated federal standards.

In June 2008 the Freedom Foundation filed a complaint on behalf of volunteer researcher Bob Edelman against Secretary Reed, alleging violations of the Help America Vote Act. HAVA requires states to create and maintain an accurate statewide voter registration list. Despite this, election officials are accepting voter registration applications from teenagers who will not be 18 by the next election. Thousands of underage applications have been received over the last few years, and records show that 108 of these individuals unlawfully voted 127 ballots over an eight-year period, including four in the February 2008 presidential primary.

The Freedom Foundation is requesting that the Secretary of State adopt procedures to prevent ineligible registrations from being accepted and added to the statewide voter registration database.

On October 23, 2009, Judge Hirsch ruled that the state’s procedures are adequate and have not resulted in very many illegal votes.

“We are appealing Judge Hirsch’s ruling because we believe the state has an obligation to prevent improper voter registrations,” said Michael Reitz, general counsel of the Freedom Foundation. “With most counties using vote-by-mail systems, the registration process is a critical stage to ensure the eligibility of voters. Lax registration procedures create the potential for inaccurate election results and fraud.”

The case will go to the state Court of Appeals. Arguments will likely be scheduled for the spring of 2010.

Additional Information
Edelman v. Secretary of State

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