Enforcing Election Reform
The light blogging this week is due to the fact that I've been travelling, on Wednesday appearing at a conference on the Help America Vote Act hosted by American University. The word on the street in Washington is that there's little appetite for amending HAVA in the present Congress. That's wise, as Congress would be well-advised to study how the voting technology and statewide registration database requirements that go into effect this year are working, before imposing new mandates.

A big question is what will happen in those places that aren't fully complying with HAVA's requirements. DOJ has entered into an agreement and has brought suit against New York. Will other non-complying states also be facting lawsuits? Also in question is how effective the Election Assistance Commission will be in exercising its responsibilities under HAVA and the National Voter Registration Act.

This week's electionline.org has a terrific story on the showdown in Arizona, in which Secretary of State Jan Brewer has refused to accept an interpretation of the NVRA's registration requirements provided by the EAC. As electionline.org notes, the NVRA is one of the rare areas over which the EAC does have regulatory authority. But it doesn't have independent enforcement authority, and it seems doubtful that the current DOJ will take action against a Republican Secretary of State. It's likely, however, that civil rights groups will take action against Secretary Brewer. What will DOJ do if that happens? It's anyone's guess. - posted by Dan Tokaji @ 9:33 PM