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The New York Times Owes
Rock the Vote a Correction

10/29/08, 2:39 pm EST

Over the weekend the New York Times ran an alarming — and as it turns out flatly untrue — story that blamed Rock the Vote for disenfranchising as many as 100,000 voters in the state.

The story, Voters in Electoral Limbo, opens with a vignette of a alleged victim who registered with the youth voting group, but whose registration was nowhere to be found on the voter rolls.

The Times piece is correct in that there have been troubling delays in processing voter registrations in New York and across the country. But the piece then boldly gets its facts wrong in fingering Rock the Vote as the culprit:

It turns out that every registration application generated by Rock the Vote in New York State is printed with the wrong address — about 100,000 forms this year. Although voters in New York must register with the boards of elections in their home counties — in the city, they’re called boroughs — all the Rock the Vote applications were addressed to the New York State Board of Elections, which does not handle voter registrations.

Let’s tick quickly through the factual errors:

* The address printed by Rock the Vote on the forms is “the wrong address.”
* “voters in New York must register with the boards of elections in their home counties” or boroughs
* “the New York State Board of Elections… does not handle voter registrations”

Each of these assertions is demonstrably false under New York and federal law.

Officials at both the New York State Board of Elections in Albany and the federal Elections Assistance Commission confirmed for Rolling Stone that both federal and state law require the state to accept voter registration forms at a central state office. Per the instructions on the National Mail Voter Registration Form (.pdf), that address is the following:

“From our perspective,” Rosemary E. Rodriguez, Chair of the Elections Assistance Commission (EAC), told Rolling Stone, “Rock the Vote followed federal law. Rock the Vote used the federal form; federal law requires the form to be accepted.”

[Rolling Stone reached out the author of the Times piece for comment, but there was no immediate response.]

In an email to Rolling Stone, Rodriguez added:

The benefit of using one state address is that one office is responsible for ensuring that voter registrations are processed in a timely fashion and forwarded to the correct offices. Adding multiple addresses for a state would make the state instructions to the form significantly longer, making the form less user-friendly and accessible. In addition, having more than one possible address increases the chance that voters might submit their registration forms to the wrong place, causing delay and confusion.

Rock the Vote provided information to Rolling Stone demonstrating that it had pre-cleared its forms with state officials. The Board of Elections wrote back with this confirmation: “Under section 5-210 paragraph 3 of the Election Law we are required to accept your federal NVRA forms. The NY language looks fine on this end and we look forward to receipt of your registration forms.”

State elections chair Douglas Keller confirmed to Rolling Stone that Rock the Vote had “cleared their way of doing it” with his staff. If anything, he said, Rock the Vote has been a victim of its own success. The group’s drive created a “huge number of forms close to the registration deadline,” Keller said, overwhelming the state’s administrative capacity and creating delays in disseminating the registrations to the counties. The counties, in turn, have been swamped with new registrations and therefore slow to update their rolls.

Both Keller and Rodriguez of the EAC emphasized that no one who mailed their Rock the Vote registration forms before the state deadline will be disenfranchised. If any such voter finds that their name has not been added to the voter rolls, they should demand a provisional ballot. It’s a bit of a hassle, but elections officials will crosscheck these ballots against late updates to the voter rolls and they will ultimately be counted.

Rock the Vote also asks that any young voter experiencing trouble at the polls call its election hotline — 1-866-OUR-VOTE — for help up to and including having a lawyer dispatched to the polling site.


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Comments

allstar ethic | 10/29/2008, 8:32 pm EST

damn that liberal media!

r peaslee | 10/30/2008, 9:46 am EST

Okay, so Rock the Vote appears to be off the hook, but why is it, when a presidential election only comes along every four years, that we repeatedly hear these stories about how states and counties are “overwhelmed” with voter response? Is it possible that these bureaucracies are truly this unaware of or unwilling to prepare for such impending interest? And yes, you can vote provisionally, which your article tosses off as “a bit of a hassle,” but the larger point is that it opens the door for concern about fraud. Eight years out from the Florida debacle and we still haven’t found a way to streamline the voting process in such a way as to minimize concerns about machinations and malevolence? It does our process a disservice when voters have to adapt to dysfunctional and understaffed electoral system, and it gives credence to concerns about disenfranchisement when many of the most dysfunctional and understaffed (and underfunded) districts are those serving voters of lower incomes and influence.

I mean, seriously. Can we not get it together with the whole voting thing? We’ve been doing this for over two-hundred years, and it’s still a problem?

wow | 10/30/2008, 4:24 pm EST

Thank you Tim for this. It’s rare that writers go into such detail.

glenn | 10/30/2008, 8:05 pm EST

No doubt the screwheads are counting on “young voters” being intimidated at the polling place. How many first time voters are likely to call in a lawyer in the face of an intransigent poll worker? How many will demand a provisional ballot? How many will have confidence that that ballot would be counted?

disenfranchised | 10/31/2008, 4:52 pm EST

This happened to me and I agree with the Times. Rock the Vote messed up and they should take responsibility. If I had known I would have registered directly through the county.

Steve S. | 11/1/2008, 1:29 am EST

Unfortunately, the NY Times is 100% correct. I registered through Rock the Vote and received an alarming e-mail from them to verify my registration a few weeks later (from Heather Smith). I was not in the online database so I called toll free VOTE NYC number. They told me flat out that I cannot vote because of trouble with the Albany address. I think Rock the Vote is a great group and everyone makes mistakes – but the Times was correct in pointing out that mistake. You guys should retract this story – call VOTE NYC and they will tell you that there were problems with Rock the Vote registrations.

voter | 11/3/2008, 11:33 am EST

If you are a nyc resident and wish to vote (even if you are not in the system – i.e., you were involved in the RTV debacle as was I) you must get a court order from the judge on election day. You should go to 200 Varick Street, 10th flr as early as 5:30 AM tomorrow. This information was obtained by the NY county chief clerk’s assistant in Manhattan, Larry Capricio (sp?)… this is a more reliable option than the provisional ballot. You should bring a passport (or at least two forms of ID), and any email correspondence you had w/ RTV stating the date in which you likely filled out and sent your voter registration (RTV should have sent you a PDF of the form, so check your inbox for that). I’m pretty sure this is the only way to move forward and vote. If you wish to double check this information please call 212.886.2106… Sorry, i don’t know the rules for other states when it comes to these circumstances.

Justin | 11/3/2008, 4:04 pm EST

The TImes story is 100% correct. Rock The Vote should have sent these to the County Board of Elections for each County and the first comment is correct and what I was told since my registration wasn’t processed.

Greg | 11/4/2008, 3:52 pm EST

Even if Rock-the-Vote sent the forms to the “right” place, because they registered tens of thousands of people they had an obligation to follow-up on the forms and ensure that they were being handled properly. Rock-the-Vote dropped the ball here and can’t try to weasel their way out on technicalities (”we sent it to Albany, our job is done”)

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