THE VIRGINIAN-PILOT
Copyright (c) 1995, Landmark Communications, Inc.
DATE: Wednesday, October 4, 1995 TAG: 9510040588
SECTION: LOCAL PAGE: B3 EDITION: FINAL
SOURCE: ASSOCIATED PRESS
DATELINE: RICHMOND LENGTH: Medium: 79 lines
Gov. George Allen's challenge of the federal ``motor voter'' law was rejected Tuesday by a judge who ordered the state to implement the act by March 6, in time for next year's presidential election.
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 James S. Gilmore III said he and Allen decided not to appeal.
``This should put an end to Gov. 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 Tuesday.
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.''
The motor-voter fight is one of a series of challenges Allen has made to block federal mandates from being imposed on Virginia. Since coming to office 22 months ago, Allen has railed about Washington imposing ``one size fits all'' requirements that do not respect the problems of individual states.
Allen also is contesting a federal decision to restrict access to False Cape State Park in Virginia, requirements of the Clean Air Act and a federal mandate requiring localities to educate disabled students who are expelled for poor behavior unrelated to their handicaps.
Allen also has refused to seek $8.5 million in federal funds available to Virginia under the Goals 2000 program that provides money to states for education reform. Virginia is one of three states to reject the money. Allen has expressed concerns that accepting the grant could, at some point, make Virginia schools prey to new federal dictates even though the U.S. Department of Education says it would not.
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.''
But Justice Department lawyer Gilda Williams argued that Congress clearly had authority to enact ``a national solution to a national problem - low voter registration.''
She noted that two federal appeals courts and federal judges in three cities have found the law constitutional.
The General Assembly last winter approved legislation enabling the state to comply with the law, but Allen vetoed it. The previous November, voters endorsed the motor voter concept in a referendum.
``It's time for the administration to listen to those Virginians and put aside its ideologically driven lawsuit,'' said Lt. Gov. Donald S. Beyer Jr., a Democrat. ``The money spent on this suit would be better spent expanding voting opportunities for Virginians.''
The American Civil Liberties Union joined People for the American Way in siding with the federal government, but Williams dismissed them as plaintiffs, ruling they lacked standing to sue.
But the rest of the judge's decision pleased Kent Willis, the ACLU's executive director in Virginia. ``The last great obstacle to fair voting practices has now been eliminated in Virginia,'' he said. ``Voter registration will now be not only easy, but just as easy for everyone, regardless of race or income.'' by CNB