U.S. Sues California Over ‘Motor Voter’ Law : Courts: Seeking to force implementation, Justice Department also takes action against Illinois and Pennsylvania. Wilson says he’ll continue to fight statute.
WASHINGTON — The Justice Department sued California, Illinois and Pennsylvania on Monday to force compliance with the new “motor voter” law, which requires that Americans be permitted to register to vote at the offices of motor vehicle departments and other state agencies.
Citing “tremendous increases” in voter registration since the law took effect Jan. 1, Atty. Gen. Janet Reno praised it as “a common-sense law that already is making voting more available to all Americans.”
Gov. Pete Wilson’s estimate that the law would cost California more than $35 million a year to implement is greatly exaggerated, Deval Patrick, assistant attorney general for civil rights, told a press conference at which the suits were announced. Besides, he added, “we have not in this country traditionally put a price tag on civil rights.”
Patrick cited an estimate by the Congressional Budget Office that the law would cost $25 million to implement throughout the nation. California’s Department of Finance has estimated the law would cost $3.8 million a year to implement in the state.
Wilson, who sued the federal government last month challenging the constitutionality of the law, known formally as the National Voter Registration Act, said the federal suit came as no surprise and would have no impact on legal efforts to block implementation.
“Is it fair for Californians to wait in longer lines to get a driver’s license or file an application for welfare because the federal government is imposing a new unfunded responsibility on the states?” Wilson asked in a statement issued by his office in Sacramento. “I believe it is not.”
A Justice Department official responded that Wilson fails to grasp the concept that the law actually saves people time because they do not have to go to another location to register to vote. In countersuing California, the Justice Department rejected the state’s claim that the law violates the 10th Amendment by deputizing state employees to put aside state-funded responsibilities to administer a federal program. The 10th Amendment provides that powers not specifically delegated to the federal government by the Constitution are reserved for the states.
“Congress has the authority to regulate federal elections and it used that authority when it passed the law,” Reno said. “We now must use the authority that Congress gave us to enforce it.” Reno noted that President Clinton has already authorized California state employees paid wholly or partly with federal funds to participate in implementing the law by distributing registration forms from their offices. Justice Department officials said they could not estimate the federal cost of such participation.
Wilson, however, said: “California is willing to agree to implement a national voter registration program as soon as Washington comes up with the money to pay for the additional burden foisted upon state workers.”
Last August, Wilson, in an executive order, directed state officials to wait for federal funds before implementing the law and the next month vetoed legislation that provided procedures to carry out the law. He then sued to overturn the federal law.
In the cases of Illinois and Pennsylvania, neither state passed legislation or took any administrative action to implement the registration law. The Justice Department said it is monitoring other states that have not yet complied with the law, including South Carolina, which had appeared to be resisting although its election commission now appears to be attempting to comply.
The department said it is also monitoring Michigan, where the governor by executive order Jan. 10 prevented agencies from providing voter registration services. Arkansas, Virginia and Vermont were given additional time to comply by amending their state constitutions.
The Justice Department suit against Wilson, filed in San Jose, sought a court declaration that the law is constitutional and an order requiring compliance with the law and barring officials from failing to comply.
The suits came as a Los Angeles Times poll found over the weekend that, nationally, 49% support and 42% oppose the federal government requiring states to provide citizens an opportunity to register to vote when they get a driver’s license or apply for public assistance.
Opinion breaks down along ideological and partisan lines, according to the poll. Pluralities of Democrats and independents, liberals and moderates endorse the idea, but majorities of Republicans and conservatives oppose it.
Times staff writer Dave Lesher in Sacramento contributed to this article.
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