Apr 4, 2008 -- Legal Center Urges DOJ to Investigate Voter Intimidation

Today the Campaign Legal Center requested a full Justice Department investigation of potential violations of the Voting Rights Act stemming from intimidating flyers sent anonymously to homes in predominantly black precincts during a hotly contested Texas state house race. In 2006, the FBI chose not to investigate the matter brought to its attention by Project Vote, despite the fact that the flyer on its face is a clear effort to intimidate voters.

The letter to the Justice Department and links to the flyer in question and the original correspondence between Project Vote and the FBI are below.

April 4, 2008

Dear Mr. Coates:

For the reasons set out below, the Campaign Legal Center calls upon the Department of Justice to conduct an investigation into voter intimidation in Dallas, Texas.

Enclosed is a flyer sent anonymously to voters in the fall of 2006, just prior to the November 2006 elections. The flyer appears to have been mailed only to predominantly African-American precincts in House District 102 which would constitute a clear violation of the Voting Rights Act. That year, there was a close contest for the House seat between Republican incumbent Tony Goolsby and Democratic challenger Harriet Miller. Ms. Miller was the candidate of choice of African-American voters in that race. Mr. Goolsby prevailed in that contest by a narrow margin.

The enclosed flyer in large bold letters says: "WARNING! Don't Be a Victim of Voter Fraud". The flyer then warns African-American voters that "a national political group suspected of voter fraud is working in your neighborhood trying to bring people to the polls on election day." The flyer continues with this warning in red letters: "Do not be a victim of voter fraud—it could result in jail time for you" (emphasis in original). The flyer also contains this warning: "Police and other enforcement agencies will be at the voting locations." No one has claimed responsibility for sending this threatening flyer.

The FBI was asked in 2006 by the organization Project Vote to conduct an investigation into this matter. A copy of their correspondence to the FBI, as well as the Bureau's response, is enclosed. We believe the FBI's preliminary conclusion not to investigate this matter was incorrect. Sending a flyer of this nature to intimidate African-American voters would be a clear violation of the anti-intimidation provisions of the Voting Rights Act. Accordingly, we ask that you open a formal investigation; determine the identity of the persons or persons who prepared this voter intimidation flyer and targeted African-American voters by mailing it to them; and prosecute those responsible to the fullest extent of the law.

I believe we can assist your office in obtaining the names of additional African-American voters who received this threatening piece of mail.

Please contact me if you need any further information.

Sincerely,

J. Gerald Hebert

Executive Director and Director of Litigation

To view the flyer, click here.

To read the correspondence between Project Vote and the FBI, click here.

To read the initial complaint sent by Project Vote, click here.