GOP and Democratic Lawyers Mobilize

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By Jon Greenberg on Monday, November 1, 2004.
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Nationally, today's vote has been touched by a concern that the process won't be entirely fair. Ever since the fiasco in Florida in the 2000 election, Democrats have been wary of tactics that might keep their supporters from casting ballots.

That concern has seeped into New Hampshire where both Republicans and Democrats have mobilized lawyers to ensure that this election is a clean one. As New Hampshire Public Radio's Jon Greenberg reports, these efforts are rooted in a mutual distrust.

To hear Jayne Millerick, chair of the New Hampshire GOP, describe it, the Democrats are massed to launch a pre-emptive strike on democracy.

CUT millerick We hear reports today that Democrats have 500 hundred lawyers ready to go and that's just unbelievable. In New Hampshire, we have a history of very clear and clean elections, and there's just no need for 500 lawyers. It makes you wonder what they have planned.

For their part, the Democrats cast a wary eye at the Republicans. Democratic chair, Kathy Sullivan, says there's good reason to worry. Two years ago, a self-appointed Republican poll watcher in Hanover systematically challenged hundreds of Dartmouth College students who tried to register at the poll, causing back-ups that lasted hours.

CUT Sullivan Because of that and because we understand that there are similar plans being prepared by some Republicans for the election, we thought it was important to have some individuals on hand who understand the law and who are available to talk to anyone who wants to know what the eligibility rules are.

As for having a brigade of 500 lawyers at the ready, Sullivan says that's a bit of an exaggeration.

CUT Sullivan Do we have a sizable group of attorneys who have volunteered, yes we do. I don't have an exact list but no, it's not 500.

There is in this the quality of a legal arms race. Both sides think the other might act and defend their mobilization as prudent reaction.

But there is some substance in these concerns, although not necessarily across the state. Neither party gives many details about how many people they plan to appoint as formal challengers at the polls or where they will send them. But to the extent that there are signs of this, it tends to be at places where same day registration is high and Democrats hope to gain ground.

In Durham, election officials say as many as 2,000 university students might register at the polls tomorrow. Town Moderator, Ann Valenza, says she fully expects a Republican challenger to be there.

CUT Valenza I heard from a Republican person a couple of days ago who will be appointed as a challenger by the state Republican Party but I've only heard from one and can't remember or not if he was a lawyer.

Valenza says the Democrats will also be on hand which she thinks makes sense because the students tend to favor more moderate or liberal candidates. To make sure the process goes smoothly, she has requested and received a staff person from the Attorney General's office to be at the poll all day. Republican lawyer, Tom Rath, has been working with the GOP legal team looking at same day registration issues. Rath emphasizes that the goal is not to prevent anyone from voting but to make sure that they only vote once.

CUT Rath We have a lot of people, these students, who might be registered in their home towns. They have the opportunity to vote by absentee and we want to make sure that they then don't vote again in New Hampshire because they perceive the vote here being closer but I have to think that's going to be very minimal and I have every confidence that the voting officials will handle it well where ever they are.

Rath says the number of same day registrants is high not just in college towns but also in border communities where there are a lot of people living in apartments. Nashua fits that description but in a sign that the perceived clash of lawyers might not materialize, City Clerk Paul Bergeron says he expects a lot of voting and very little conflict.

CUT Bergeron My understanding is that the parties will have representatives visiting or staying at the polling places most of the day. It's really not unusual. Probably a little more heightened interest this time around than two years ago or four years ago. But we've dealt with people observing the process in the past. WE don't expect anything unusual or confrontational or intimidating going on.

In Nashua as elsewhere, voting officials say they are more than ready for large turnout and potential challenges to voter registration. They have brought on extra staff so even if a challenge is made, no one else in line will need to wait.

For NHPR News, I'm Jon Greenberg.

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