Congressman Vernon J. Ehlers, R-Mich, conducted a Field Hearing in Phoenix, Arizona as Chair of the Committee on House Administration concerning voter fraud in Federal Elections. Because of Arizona’s passage in 2004 of Proposition 200, all residents of Arizona are required to show proof of citizenship when registering to vote and proof of identification at the Poll before casting votes. In attendance at the hearing were Congressman J.D. Hayworth R-AZ, Congressman Trent Franks, R-AZ, Congressman Raul Grijalva D-AZ, and Congressman Ed Pastor, D-AZ. Testimony was presented by Jan Brewer, Arizona Secretary of State (R), Andrew Thomas, Maricopa County Attorney (R), Karen Osborne, Director of Elections, Maricopa County, Penny L. Pew, Director of Elections, Apache County Arizona, Daniel Ortega, Attorney, Mary Wilson, President League of Women Voters, and Raphael Behr, President, Intertribal Council of Arizona.

Chairman Ehlers emphasized that the hearing would address all voter fraud, not just the specific example of illegal aliens attempting to vote. He joked about his desire to be buried in the Chicago area, so that he could continue voting long after he passed away. Similarly, he relayed a joke about a man in Tennessee, who registered both himself and his dog. The local election committee chose to look the other way, until he got greedy and registered both of them in 3 different Precincts.

Secretary of State Brewer testified about the implementation of rules required to bring the State into compliance with Prop. 200. She documented the number of provisional ballots cast in two recent local elections, the first elections held since the new rules were adopted. (Prop. 200 passed in November 2004, but it took until January 2006 before it was actually implemented due to delays resulting from court challenges as well as foot dragging by the Arizona Governor and State Attorney General.) Secretary Brewer gave specific details on the number of people who returned after casting a provisional ballot that same day with proper ID, and the number of individuals who NEVER returned with proper ID, even with a grace period of 3 – 5 days following the election. For example, an election conducted in May 2006 had 155 provisional ballots cast. 43 returned that same day with proper ID. Approximately 96% of the voters who cast the remaining provisional ballots never returned with proper ID to validate their ballot. (Was it because they considered it moot, once the election results were posted or because they were attempting to vote fraudulently?)

Additional testimony from County Attorney Andrew Thomas revealed that his office was engaged in prosecuting 10 individuals for registering to vote without proof of citizenship, four of whom actually voted in an election. This is only the beginning of the investigation. More charges will likely be brought for additional cases before the investigation is complete.

Prior to the passage of Prop. 200, no mechanisms existed in Arizona for documenting voter fraud. This did not stop Mary Wilson, National President of the League of Women Voters from describing the problem as “miniscule” and “imaginary.” Similarly, she and Daniel Ortega, a local Phoenix Attorney and activist, described all attempts to validate voter eligibility at registration or polling locations as “onerous.” Rep. Ed Pastor expressed concern about the “chilling” effect that such rules have already had upon voters in Arizona. Raphael Behr, President of the Intertribal Council in Arizona described the difficulties faced by Native Americans living on reservations in circumstances that did not provide the type of alternative documentation acceptable to the Secretary of State’s office in order to register to vote, or cast their vote at the polling place on Election Day. Congressman Pastor relayed a personal story about the difficulty faced by his 86-year old mother, who no longer has a valid driver license nor a birth certificate to provide proof of ID at the Poll.

In response, Secretary Brewer and Penny L. Pew, Director of Elections for Apache County Arizona described the lengths to which the State of Arizona has gone in order to overcome these problems for the large Native American population in Apache County. Indeed, the Secretary’s office mails to every voter registered in Arizona, a unique Voter ID card AND a sample ballot, both of which are acceptable as Proof of Identification at the Polls. It was clear from the discussion that more work needed to be done to assist Native Americans, who often have no permanent address, with obtaining valid identification for use at the polls.

The overriding incongruity of the hearing was the extreme weight placed upon the requirement that no voter be “disenfranchised” while at the same time belittling any question as to the integrity of the process. Several witnesses pointed out that the number of people being prosecuted represent less than 0.02% of the voters in Maricopa County. However, Secretary of State Jan Brewer pointed out that those who failed to return with proper ID after casting a provisional ballot in her examples represented 0.5% of the votes cast. Elections have been decided by fewer votes than this.

Historically, our justice system hailed that it was better that a thousand guilty men go free, than even one innocent man be wrongly convicted. This appears to be the model selected by the League of Women Voters and all others opposing any attempt to ensure the integrity of our election system. It is better that 1,000 votes be cast fraudulently, than even one legitimate vote be denied!

A balance must be struck between the desire to preserve the right to vote for all who legally possess it and the need to preserve the integrity of the system from all who would subvert it. Sadly, neither the Democratic Party, nor activist organizations, such as the League of Women voters or the Arizona based Valley Interfaith Project have expressed any desire for such balance. (Are these goals truly as mutually exclusive as these leftists make it appear?)

Chairman Ehlers opened the hearing by announcing that anyone who wished to provide testimony to be entered into the record could do so up to seven days from the date of the hearing, via email or US Mail. This allowance was made due the lack of time during the hearing to entertain more witnesses.

However, the Valley Interfaith Project, found this allowance wholly inadequate. At the end of the hearing, a spokesperson for VIP, along with about 20 followers forcefully approached the dais, over the protests of Chairman Ehlers, to present a one-page document to be entered into the record; and then proceeded to march, single file out of the hearing.

One final note on the conduct at the hearing. Chairman Ehler had to chastise the audience on at least three separate occasions to remain silent and NOT cheer, boo, or otherwise express agreement or disagreement at the end of a statement. Each member of the committee was respectful to the witnesses and kept the grandstanding to a minimum, with the exception of Rep. Raul Grijalva, who felt it necessary to pander to Raphael Behr, President of the Intertribal Council of Arizona, by referring to him as the only one in the room who was not an immigrant. Pardon me, Congressman Grijalva, but over 80% of the room was filled with people who were not immigrants. I myself am a fifth generation American. Most of us strongly resent being portrayed as anything other than native-born Americans. It would be nice if Congressman Grijalva could match his behavior to the standards of conduct expected for such an august body as the US House of Representatives, rather than that of a Junior High School Student Council.