Tuesday, December 08, 2009
Editorial: Public records for all or none
The Know Campaign launches a good legal battle.
From the RoundTable blog
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Shortly before the November election, a group calling itself the "Know Campaign" planned to mail letters to hundreds of thousands of Virginia homes. Those missives would reveal whether residents and their neighbors had voted in past elections. The group hoped to promote civic responsibility through shame.
The state board of elections pitched a fit when it heard about the plan, and the mailing never went out. In the commonwealth, some Virginians are more equal than others when it comes to election records. Candidates and political parties may find out who has voted in the past. Average citizens and the Know Campaign may not.
Elections officials issued an ultimatum to the group: Reveal how you got the records, or we bring in the state police.
The campaign last week effectively said, "Bring 'em on." It let the deadline to comply pass and filed a constitutional challenge in court. It argues the law violates equal protection and free-speech rights.
We are not sure the group will win, but it has civic righteousness on its side.
Maybe Virginia wants to keep those records secret. There is a good argument that whether someone chooses to vote is no one else's business. If so, keep them secret from everyone.
There is also a good argument that they should be public. They are state records and do not reveal how someone voted, only whether someone has participated in our democracy.
The current system tries to have it both ways by elevating political parties and politicians into a class better than the rest of us. They alone may annoy residents by contacting frequent voters with polls and campaign pitches.
Lawmakers could easily fix the law when they convene next month. Let advocates of openness and advocates of secrecy make their cases. Then decide if everyone or no one should have access to records of electoral participation.
