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UPDATE: FEDERAL APPEALS COURT UPHOLDS VA'S
BAN ON VOTER REGISTRATION DRIVES -- Court ruling:
"Supervising numerous voter registration
campaigns
would be difficult and time-consuming, diverting
resources vital to the residents' treatment."
For the previous story on this issue, with
backlinks for a complete background, click here...
http://www.vawatchdog.org/08/nf08/nfAUG08/nf080808-9.htm
Story here...
http://www.mercurynew
s.com/news/ci_10148749?nclick_check=1
Story below:
-------------------------
Court: No voter drives at VA hospitals
COUNTY DEMOCRATS LOSE CASE ON APPEAL
By Howard Mintz
Mercury News
A federal appeals court has upheld a Veterans Administration policy
barring voter registration drives inside its hospitals, concluding the
rule does not violate the First Amendment.
In a unanimous three-judge decision Friday, the 9th U.S. Circuit Court of
Appeals upheld the VA policy, which came under attack four years ago when
Santa Clara County's Democratic Central Committee tried to conduct voter
registration at the VA's facility in Menlo Park. VA officials barred the
registration, citing a rule that prohibits partisan political activity at
VA hospitals.
 The
legal conflict arose from an attempt by Steve Preminger, the committee's
chair, and Scott Rafferty, a Democratic Party lawyer, to register veterans
at the hospital. When VA officials discovered that Rafferty wore a John
Kerry button and was affiliated with the Democratic Party, they determined
the registration effort violated their policy.
Preminger could not be reached for comment Friday, but Rafferty expressed
disappointment, saying further appeals are a possibility, particularly
with another presidential election looming.
"They are walling our wounded warriors off from participating in political
life in the communities of which they are citizens," Rafferty said. 'They
are disenfranchising thousands of wounded veterans around the country."
The committee sued the VA in 2004, arguing that the policy violated the
First Amendment. Among other things, they produced evidence that local
Republicans were allowed to register dozens of veterans at the hospital.
VA officials insisted they were unaware of a Republican registration
drive, and earlier this year formalized the policy to bar any voter
registration at VA facilities nationwide.
After a three-day trial last year, San Jose U.S. District Judge Jeremy
Fogel rejected the committee's lawsuit. The 9th Circuit affirmed that
ruling, although decided the case on broader grounds by finding the VA
policy "reasonable" because allowing partisan political activity might
disrupt patient care.
"The VA reasonably concluded that allowing one political party access to
the Menlo Park campus would invite requests from other political parties
to do the same," wrote Judge Susan Graber. "Supervising numerous voter
registration campaigns would be difficult and time-consuming, diverting
resources vital to the residents' treatment."
Contact Howard Mintz at
hmintz@mercurynews.com or (408) 286-0236.
-------------------------
posted by Larry
Scott
Founder and Editor
VA Watchdog dot Org
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