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N.J. Democratic Chairman Cryan applauds decision to strike down tactics that were found to discriminate against minority voters

A federal judge in Newark Tuesday turned away a bid by the Republican National Committee to end nearly three-decade-old restrictions on the party's "ballot security" programs that were found to discriminate against minority voters.

The ruling by U.S. District Court Judge Dickinson Debevoise extended the restrictions for at least another eight years while slightly narrowing the consent decree containing them.

Debevoise held that "voter intimidation presents an ongoing threat to the participation of minority individuals in the political process."

The consent decree stems from a lawsuit filed in New Jersey in the early 1980s by the Democratic National Committee, which accused the Republican National Committee of harassing minority voters under the pretext of guarding against voter fraud.

The so-called ballot security teams would challenge voter registrations if mail sent to their residences was returned as undeliverable, and by posting off-duty police around polling places in minority neighborhoods.

State Democratic Chairman Joseph Cryan on Wednesday applauded the decision.

"Yesterday's ruling is a victory not just for New Jerseyans, but for all Americans who share in the belief that our democracy is based on the fundamental right of every eligible citizen to freely cast their vote,'' he said. "Thankfully the court has recognized that the consent decree continues to be an important tool ensuring voters' Constitutionally-protected access to the ballot box. The only reason for the RNC to want to dissolve the agreement would be to engage in the despicable practices the consent decree specifically guards against.''

Cryan said the consent decree acts as an important safeguard against Republican attempts to deny voters their right to participate in the electoral process. He charged that the 2008 election, Republicans attempted to use lists of people who had lost their homes to foreclosure as a means to thwart the ability of legitimate voters to make their voices heard in the voting booth.

The consent decree that stemmed from the Democratic lawsuit barred Republicans from launching any ballot security programs without prior court approval and was expanded in 1987 to cover the entire country.

In the latest court action, the Republicans argued that since the 1980s, the risk of voter fraud has increased, while the need for minority voter protection measures has decreased.

Debevoise set an eight-year sunset clause and narrowed the decree by holding that only the Democratic National Committee may bring violations to the court's attention. He also held that the term "ballot security" would include only efforts aimed at preventing potentially unqualified voters from voting, as opposed to programs that attempt to ensure the functioning of the electoral process or increase the number of people taking part in it.

— TOM HESTER SR., NEWJERSEYNEWSROOM.COM