Roanoke Times
Copyright (c) 1995, Landmark Communications, Inc.
DATE: WEDNESDAY, October 4, 1995 TAG: 9510040055
SECTION: VIRGINIA PAGE: C-1 EDITION: METRO
SOURCE: Associated Press
DATELINE: RICHMOND LENGTH: Medium
Allen claimed in a lawsuit that the National Voter Registration Act, which requires states to register voters at motor vehicle and social services offices and by mail, is an unconstitutional federal mandate.
But after a 90-minute hearing, U.S. District Judge Richard Williams upheld the act. He said he set a March deadline because it was ``the first legally possible date'' that the state could complete steps to comply with the law.
State Attorney General Jim Gilmore said he and Allen decided not to appeal Williams' ruling.
``This should put an end to Governor Allen's attempts to block citizens' access to this law,'' said Lawrence S. Ottinger, attorney for People for the American Way, which joined in the U.S. Justice Department request to force Virginia to comply.
``It seems he's been playing politics with people's right to vote,'' Ottinger said. ``It's a disgrace. Why are they trying to keep Virginians out of the voting booth?''
Gilmore said his main concern about the motor voter law was that it could lead to an increase in fraud, although the state's lawyers did not make that argument at Tuesday's hearing.
Allen also said he is concerned about potential for fraud but added: ``In my view, the courts from across the United States have spoken sufficiently on this issue, and the commonwealth of Virginia will abide by their rulings.''
Mark Dunn of the attorney general's office argued that Congress overstepped its constitutional bounds in passing the motor voter law.
``Congress can act in this area, but it cannot commandeer state employees to carry out the federal law,'' he said. ``That's why this law is unconstitutional.''
Justice Department lawyer Gilda Williams argued, however, that Congress clearly had authority to enact ``a national solution to a national problem - low voter registration.''
by CNB