[Vision2020] Democrats fear GOP will turn away foreclosed voters

[Chasuk]

http://www.indystar.com/apps/pbcs.dll/article?AID=/20081003/NEWS0502/810030478/1008/LOCAL19

GOP won't rule out using residency change to challenge a ballot

By Brendan O'Shaughnessy and Heather Gillers
brendan.oshaughnessy at indystar.com

Kim Stewart wasn't going to let the foreclosure of her family's
residence prevent her from voting.

The Northeastside woman went to a voter registration drive last week
and called Marion County's 327-VOTE hotline to confirm that her
paperwork was in order.

"I even double-checked and called to make sure I wouldn't have a
problem voting," Stewart said.

Democratic Party and county election officials want to make sure that
the high number of foreclosures in Marion County won't mean that
people such as Stewart, already down on their luck, lose their vote,
too.

Democrats are concerned that Republican officials in Marion County and
elsewhere might use home foreclosure lists as a way to challenge the
residency of voters at the polls. The campaign of presidential
candidate Barack Obama filed a lawsuit to keep the Michigan GOP from
doing just that.

County GOP Chairman Tom John said foreclosure opens the door to a
residency challenge, but he said his party has no plans to pursue such
challenges. However, he wouldn't rule it out.

"We might end up challenging on that," he said. "It's entirely
possible. I think it would be a solid basis for asking someone to vote
provisionally."

Election officials disagreed.

Marion County Clerk Beth White said she does not believe foreclosure
is a valid reason for a challenge.

"A notice of foreclosure is not legal proof that someone doesn't live
in their home," White said. "I think this tactic can be used to
embarrass or intimidate voters or slow down the process."

She said poll workers are being trained on registration law and how to
keep voting lines moving even if there are challenges.

Provisional votes are ballots cast by people who don't have proper ID
or whose names aren't in poll books. Such ballots are counted after
the election, during the vote certification process, and are subject
to review for validity by the local election board.

But even a provisional ballot might not be necessary for someone whose
home has been foreclosed.

Indiana and most other states have a so-called "fail-safe" provision
that allows residents to return to their old precinct to vote as long
as they still live in the same county and congressional district.
Those voters can fill out an affidavit and cast a regular ballot.

On the other hand, people who have moved to a new country or
congressional district must have updated their registration forms to
vote.

White, who is in charge of running elections, said Stewart, 45, did
the right thing by checking on her registration. Voters have until
Monday to register or fill out forms for a change in address or name.

Ed Treacy, chairman of the county Democratic Party, said using
foreclosures for challenges would "be in line with the historical
Republican action of trying to repress the vote."

"They'd be kicking people who are down, and I'm sure they'll do it
selectively" in heavily Democratic precincts, Treacy said. "Harassing
voters will backfire because it will fire up our voters."

He said he plans to have teams of Democratic attorneys ready to push
back false challenges.

John said his main goal is to ensure the integrity of the election.

"Our position is that every person entitled to vote should be
encouraged to vote," John said. "Anybody whose home is already in
foreclosure isn't actually living in the home and might not be a valid
voter."