Note to Virginia Republicans: Do NOT mess with Scott A. Surovell (or Virginia Democrats in general)! :)
Complaint Filed Against Board of Elections Member for Attempting to Disrupt Voter Registration EffortsAugust 14, 2008
FOR ADDITIONAL INFORMATION CONTACT:
Scott A. Surovell 703.587.7872FAIRFAX, Va. -- Today, Fairfax County Democratic Committee Chairman Scott Surovell filed a complaint with the State Board of Elections, asking for disciplinary action against a member of the board who allegedly tried to intimidate Virginians involved in voter registration efforts at a recent festival in Reston.
Several Democratic volunteers were confronted at the Asian American Festival by a member of the State Board of Elections who incorrectly told the volunteers that they could not have campaign paraphernalia on the same table with voter registration applications because it was prohibited by state law and that their activities were "deceptive." He then allegedly threatened the volunteers, telling them that the State Board of Elections was "going to take this up" and advised them to cease their activity. The member, Harry Pyon, is a new Republican who was appointed to the Board.
Virginia Democrats are currently engaged in an unprecedented effort to register new voters from across the political spectrum.
"Fairfax County Democrats are dedicated to making sure that the voices of Virginians calling for change are heard, and we're committed to pursuing that goal lawfully," Surovell said. "The very idea that an official would put partisan interests ahead of our most basic of rights cannot be tolerated.
"This complaint should serve as a warning to others who are tempted to put party before country," said Surovell.
The Reston incident comes on the heels of comments by the Chairman of the Republican Party of Virginia that were perceived by many as an attempt to suppress Democratic voter registration and turnout.
August 14, 2008Hon. Jean Cunningham
State Board of Elections
200 N. 9th Street, Suite 101
Richmond, VA 23219-3485
Re: Official ComplaintDear Chairwoman Cunningham:
This year, our country faces a pivotal election, and the level of interest in this year's campaign is unprecedented. Millions of Americans who had never before participated in the primary process took part this year, and millions more will cast their vote for the first time this November. Democrat or Republican, that's something we can all be proud of. We are watching our democracy grow stronger.
That's why the events of Sat, Aug. 9, 2008, are particularly disturbing and demand attention. That Saturday, the Asian American Festival was held in the Reston area of Fairfax County. After interviewing several people who were there and have first-hand knowledge of the day's activities, I have been able to determine that the following events took place:
The Fairfax County Democratic Committee and the Obama Campaign secured booths near each other at the festival. The McCain Campaign or the Republican Party had a table as well. During the event, some of the individuals at the John McCain booth brought over an individual who approached our volunteers, including Ms. Pat Hynes. The individual told our volunteers that both tables were (a) engaging in deceptive practices to register voters and (b) conducting an illegal voter registration drive by making Obama Campaign materials available at the same table that they were accepting voter registration materials. The individual left an official Commonwealth of Virginia State Board of Elections business card with the volunteers indicating that his name was Harold Pyon and that he was a member of the State Board of Elections, and that "the Board was going to have to take this up." One of the Republican volunteers with him told him "to just take a picture." Several of the volunteers felt threatened by this behavior.
An Obama Campaign employee, Mr. Aveek Majumdar, was in the area, returned to the table and went to speak to Mr. Pyon. Mr. Pyon was standing next to the Republican booth wearing a Wolf for Congress lapel sticker. Mr. Pyon confirmed that he was a Board Member of the State Board of Elections. He also reiterated that the Democratic volunteers were violating state law by registering voters at a table where they made available Obama for America materials and that this was "deceptive." Mr. Majumdar advised him to cease harassing campaign volunteers and advised him that an official response would be forthcoming. Mr. Pyon was later seen behind the table at the Republican booth wearing a John McCain and/or Frank Wolf lapel sticker.
By the authority of the Fairfax County Democratic Committee, Bruce Neilson, Treasurer (Reg. No. VA-93-061) This behavior is troubling on many levels. First, Mr. Pyon's view of state law is wrong. Partisan voter registration drives having been taking place since the founding of this country.
The Democratic committees in Virginia have been distributing and accepting voter registration applications both door-to-door, at Democratic Party events, and at other public events such as the local festivals or Celebrate Fairfax for years. Congressman Frank Wolf's website makes voter registration applications available on the same page that you can link to a panoply of partisan information. ATTACHMENT A.
The State Board of Elections website has a guide to conducting voter registration drives.
There is nothing on the State Board of Election official voter registration guide website, including nothing under it's seven listed "don'ts" that states it is improper to have partisan political materials available at "successful voter registration drives." The guidelines even talk about what you can and cannot do if you are looking to register people that support a specific candidate. Certainly, something that would be a criminal violation would be stated on your website. I have attached a copy of your Voter Registration Drives Guidelines for your information as ATTACHMENT B.
Second, the state prohibition on partisan materials at voter registration drives only applies to non-partisan voter registration drives conducted by the official registrar or their deputies. Section 24.2-1003 of the Code is limited to registration drives occurring at locations defined by Article 3 of Chapter 4 of Title 24.2. The "locations" set forth in Article 3 are for official non-partisan registration drives - not partisan political activities. The intent of the law is to prevent partisan interference at official government sanctioned events. Also, distribution of mail-in voter registration forms are covered by Article 3.1 which is specifically not mentioned by -º 24.2-1003.
Third and most importantly, this kind of intimidation under color of state law is wholly unacceptable. This conduct comes on the heels of a well-publicized effort by the Chairman of the Republican Party of Virginia to intimidate voters intending to register, behavior that is particularly reprehensible given the historic levels of interest in this year's campaign.
Mr. Pyon is a Republican who was recently appointed to the State Board of Elections. For a campaign partisan to engage in this behavior is one thing, but for a State Board of Elections official to engage in this kind of vigilante enforcement, being egged along by Republican campaign volunteers, making false representations of state law, using the pretense of his office to bully local campaign employees is truly remarkable.
If Mr. Pyon felt there was some kind of enforcement action necessary there are official channels through which he can request enforcement. Trying to bully a local employee with a state Board of Elections business card is totally unacceptable conduct by a member of the State Board of Elections, and it warrants sanction.
On behalf of the Fairfax County Democratic Committee, we are filing this official complaint and further specifically request that the State Board of Elections do the following:
(1) To ensure that this confusion never happens again in this election or otherwise, render an official written opinion confirming that a political party and/or political campaign may place voter registration applications and partisan political materials on the same table at public events.
(2) Transmit this guidance to all local Boards of Election and registrars to ensure that there is no further confusion at the local level.
(3) Investigate Mr. Pyon's behavior and take appropriate action against him as a state officer and employee for his misuse of his badge of authority.
This is very serious conduct and should not be tolerated.
If there are any questions, I can be reached at 703.587.7872. We appreciate your attention to
this matter.Very Truly Yours,
Scott A. Surovell
ChairmanCc: Jay Meyerson, Esq.
Mr. Levar Stoney, Executive Director, DPVA
I do know that I have been instructed to offer registration to everyone, with no intent to limit registration to those of one political persuasion, which is absolutely as it should be. I have never felt, however, that we are not supposed to be able to make available specific political information (beyond "how to register" and "how to vote" info), and I like to have other people immediately handy to provide such helpful data. Obviously, the Republicans are scared spitless of us Dems for a change. I fully expect, when slime, smears, lies, false advertising, and bullying don't work, there will be physical intimidation (i.e., violence in some way), so be prepared.
Any person who gives or tenders any campaign materials to, or solicits or attempts to influence the vote of, any person while he is at any registration location as defined in Article 3 (§ 24.2-411 et seq.) of Chapter 4 of this title knowing that such person is there for the purpose of registration, shall be guilty of a Class 3 misdemeanor. Nothing in this section shall prohibit the distribution of campaign materials outside any building in which a registration activity is being conducted.
"Registration location" is clearly limited to government agencies and offices in the referenced statutes:
§ 24.2-411. Office of the general registrar.
Each local governing body shall furnish the general registrar with a clearly marked and suitable office which shall be the principal office for voter registration. The office shall be owned or leased by the city or county, or by the state for the location of Department of Motor Vehicles facilities, adequately furnished, and located within the city or within the county or a city in which the county courthouse is located. The governing body shall provide property damage liability and bodily injury liability coverage for the office and shall furnish the general registrar with necessary postage, stationery, equipment, and office supplies. The telephone number shall be listed in the local telephone directory separately or under the local governmental listing under the designation "Voter Registration."
No private business enterprise shall be conducted in the general registrar's office.
The general registrar's office in counties with a population under 10,000 and in cities with a population under 7,500 shall be open a minimum of three days each week and additional days as required by the general appropriation act. The general registrar's office in all other counties and cities shall be open a minimum of five days each week. The specific days of normal service each week for general registrars shall be determined by the State Board.
Additional hours, if any, that the general registrar's office is open for voter registration may be determined and set by the general registrar or the electoral board.
Following statutes go on to describe registration locations in DMV and other government offices and locations. These statutes are clearly referring to official registration activities by the voting registrar, and not by private political parties or groups. In other words, the registrar can't tell you how to vote. That's not what Pyon is complaining about.