DEAN WRITES MEHLMAN - PLEDGE YOU WON'T SUPPRESS VOTE

[kpete]

Dean writes RNC chair: Pledge you won't suppress vote

October 30, 2006

Honorable Ken Mehlman Chairman Republican National Committee 310 First St., S.E. Washington, D.C. 20003

Dear Mr. Chairman:

As the chairmen of the two major national parties, we have a responsibility to encourage people to participate in the political process and aggressively guard their constitutionally protected right to vote. As you know, the modified consent decree in the case of Democratic National Committee v. Republican Committee, C.A. No. 86-3972, U.S. District Court for the District of New Jersey, entered on July 29, 1987, remains in effect. That decree, as you know, resulted from the RNC engaging in so-called "ballot security" programs targeted at challenging minority voters in African American and Hispanic communities.

That consent decree prohibits the RNC from engaging in, assisting in or participating in any "ballot security program," other than "normal poll watch functions," "unless the program (including the method and timing of any challenges resulting from the program) has been determined by this Court to comply with the provisions of the Consent Order and applicable law." Applications by the RNC "for determination of ballot security programs by the Court shall be made following 20 days notice to the DNC which notice shall include a description of the program to be undertaken, the purpose(s) to be served and the reasons why the program complies with the Consent Order and applicable law."

At this point, it is too late for the RNC to comply with the 20 day deadline for notifying the DNC of any intended application to the Court for approval of any ballot security program. We assume, therefore, that the RNC does not intend to apply to the Court for approval of any such program, and that you intend to respect both the letter and the spirit of the law. For that reason, we also assume that the RNC will refrain from engaging in, assisting in or participating in any "ballot security program" carried out by anyone, including the RNC itself, its state or local parties, Republican candidates or allied organizations such as the Republican National Lawyers Association or National Republican Senatorial Committee.

Please confirm to me as soon as possible that our assumption and understanding in regard to the consent decree are correct, so that all eligible registered voters can be assured of a fair election and of having the opportunity to vote free from harassment, intimidation or other efforts to deny them the right to cast their vote and have it counted.

Thank you for your time and attention to this important matter and I look forward to hearing from you promptly.

Sincerely yours,

Governor Howard Dean, M.D. National Chair

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