Election reform, the Voting Rights Act, the Help America Vote Act, and related topics -- with special attention to the voting rights of people of color, non-English proficient citizens, and people with disabilities
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- Election Law Blog (Rick Hasen)
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- Leave it to the Lower Courts: On Judicial Intervention in Election Administration, 68 Ohio State Law Journal 1065 (2007)


Tuesday, January 25
Should Kevin Shelley Step Down?
Much attention has been directed to allegations of partisan conduct on the part of election officials in the past few years. The most conspicuous targets are two elected Republicans: Katherine Harris of Florida in 2000, and Ken Blackwell of Ohio in 2004. But the recent improprieties of California's Democratic Secretary of State Kevin Shelley make clear that the Republicans have no monopoly on partisanship, or bad behavior, when it comes to election administration.
Secretary Shelley faces multiple allegations from investigative authorities for a variety of complaints, with some Democrats now urging him to resign. According to this report in the San Francisco Chronicle:
A key factor in the mood in Sacramento, associates and lawmakers say, appears to be Shelley's upcoming testimony before a legislative committee that is investigating whether he used federal voting act funds to boost his public image. The testimony will come in a public forum, and the possibility of Shelley having to invoke his Fifth Amendment rights could take a political toll.At issue is the allegation that Shelley misused funds provided to the state under the Help America Vote Act -- specifically, that "some contractors hired by Shelley's office attended Democratic fund-raisers and were helping boost Shelley's image instead of engaging in nonpartisan efforts to increase voter turnout." Shelley is to testify before a Joint Legislative Audit Committee on February 3.
But wait . . . . It gets worse. A report issued yesterday by the State Personnel Board finds that an "abusive working environment" exists within the Secretary of State's office. The
San Jose Mercury News and Sacramento Bee have details. Among the allegations are that Shelley is prone to angry outbursts at his staff. Also in question are the suspicious "disappearance" of complaints filed by a former scheduler that Shelley "made crude and sexually suggestive remarks to her in front of other employees." Finally, Shelley's office is accused of improperly hiring the son of a prominent campaign donor -- specifically by scratching out his failing score on the civil service exam and replacing it with a passing score.
The executive officer of the State Personnel Board, Floyd Shimomura, says that he plans to ask the Caliornia Attorney General's office to conduct an investigation.
My take: Shelley has got to go. Some of the allegations against him may turn out to be exaggerated, but it's hard to believe that all of them are false. The State Personnel Board's report states that various employees of the Secretary of State's office confirm his ranting, raving, and directing obscenities at staff members -- predominantly if not exclusively women employees, it would appear. Even more serious, if that's possible, are the allegations that he's used HAVA funds for partisan purposes. Chief election officials' misuse of their authority, and the money that comes with it, is something that should outrage Democrats as well as Republicans.
Do the right thing Kevin.

