Judge questions motive of group wanting voter info

A federal judge and a state attorney raised questions Thursday about the Texas-based group True the Vote's motive in wanting birth dates of Mississippi voters.

A hearing was conducted Thursday in Jackson related to the lawsuit filed by True the Vote and 22 Mississippians against Secretary of State Delbert Hosemann, the state Republican Party and election commissions in nine counties.

U.S. District Judge Nancy Atlas of Texas, appointed to hear the case, said Thursday in court that the case is technically about what documents can be seen.

"This is not a case of voter fraud," Atlas said. "It's whether the National Voter Registration Act was complied with and whether it pre-empts state statute. This case is about transparency of the voter process with the counter-issue of voter privacy."

True the Vote claims it was denied access to voting records in Copiah, Hinds, Jefferson Davis, Lauderdale, Leake, Madison, Rankin, Simpson and Yazoo counties. The group also claims records have been destroyed or tampered with.

Most of the Mississippians who joined with True the Vote in the lawsuit were supporters of state Sen. Chris McDaniel in his challenge of U.S. Sen. Thad Cochran. McDaniel led the June 3 Republican primary but lost to Cochran in the June 24 runoff. He is expected to file a challenge to the outcome of the runoff.

True the Vote president Catherine Engelbrecht testified Thursday that the organization wants only a fair election process, but she was drilled by the judge and attorneys for the defendants about the organization's motives in wanting the birth dates and other voter information.

"Isn't there more going on here that you want all the information about voters?" Atlas asked.

The judge said it would appear easier and cheaper for True the Vote to try to get info only on crossover voters who voted in the June 3 Democratic primary and then voted in the June 24 Republican runoff instead of trying to get access to personal information on all registered Mississippi voters.

Atlas said she doesn't believe True the Vote needs the birth dates of voters. The judge said she wasn't saying True the Vote would do anything nefarious with the personal information of voters, but she said others out there could come along and abuse the information or post it on the Internet.

State Assistant Attorney General Harold Pizzetta asked Engelbrecht on cross-examination whether she would agree voters would feel like the release of the information was an invasion of privacy.

"No, I wouldn't consider it private," Engelbrecht said.

At one point during her testimony, Engelbrecht said she believes all the information requested is part of the public record.

Mississippi law prevents voters' dates of birth from being made public on election records. During the hearing, True the Vote attorney Joe Nixon told the judge the group wasn't asking for Social Security numbers. The judge said "frankly, I think that is a good move."

Pizzetta asked Englebrecht whether her organization could sell the voter information it collects.

Atlas asked Englebrecht if True the Vote would use detailed voter information in any way other than verifying voters in elections.

Englebrecht replied that her organization is a 501(3)(c) nonprofit and therefore doesn't get involved in specific election contests.

Mike Wallace, attorney for the Mississippi Republican Party, asked Englebrecht about a fundraising letter she sent out on behalf of True the Vote on June 25, a day after the Cochran-McDaniel runoff. She admitted sending out the letter.

Atlas said she will rule later on the preliminary injunction sought by True the Vote. Both sides will present further briefs and arguments in writing to Atlas next month. She gave no timetable for rendering a decision.

In related news on Thursday, the state Supreme Court denied McDaniel's request for a rehearing of its earlier rejection of his request for access to poll books without voters' personal information blacked out.

The nine-member court issued a brief order denying the request. But Justices Michael Randolph, James Kitchens and David Chandler attached a statement that they would support McDaniel's motion for a hearing because "assuring the integrity of the electoral process is a matter of the highest priority." Justices Jess Dickinson and Randy Pierce did not participate.

McDaniel's lawyers say they need to see birth dates in poll books to differentiate voters with the same or similar names and that the cost of redacting the records is prohibitive and unjust. But the court had ruled that poll books are public records maintained by circuit clerks and therefore subject to the state Public Records Act, which requires redaction of personal information such as date of birth before being made public.

McDaniel has claimed the election was "stolen" through illegal voting, but he has not provided evidence or submitted a legal challenge. His lawyers recently said a challenge would be filed within 10 days, which would be by today.

A challenge would begin with the state Republican Party executive committee, then go to circuit court and most likely the state Supreme Court.

Clarion-Ledger Political Geoff Pender contributed to this report.

Contact Jimmie E. Gates at jgates@jackson.gannett.com or (601) 961-7212. Follow @jgatesnews on Twitter.