Congressman Jerrold Nadler (NY-08), Chair of the Judiciary Subcommittee on the Constitution, Civil Rights and Civil Liberties today held a hearing to examine the lessons learned from the 2004 Presidential Election. During the primary elections held so far this year, there has been a record turnout of voters – but there have also been clear examples of the problems that plagued the administration of the 2004 Presidential election.

“We must learn from our mistakes – not repeat them,” said Rep. Nadler. “This is particularly important when the right to vote – the cornerstone of our democracy – is at stake. And yet many of the problems that voters faced in 2004 are being repeated. In the time left before the next election, it is important for the Department of Justice to ensure equal and unfettered access to the polls.”

More than 3.5 million new voters have registered this year, but there have also been complications. There are growing concerns about the adequacy and capacity of the current system to address voting problems, and whether those issues can be addressed before the presidential election in November.

During the primaries and the last two presidential elections, thousands were prevented from voting. In some areas, voter registration was made more difficult. Some officials misconstrued and abused identification and provisional ballot rules. There were few voting machines in some heavily populated minority areas, leading to unacceptable wait times, which had the effect of discouraging individuals from voting. There were also allegations of voter intimidation and vote suppression.

Most seriously, there are signs that some of the worst abuses, such as the purging of lawful voters from the voting rolls, scurrilous voter challenges, and misinformation campaigns, which disenfranchised thousands of people in recent elections, may be repeated this year.

At today’s hearing, lawmakers examined these problems and considered measures that the Department of Justice, Election Assistance Commission, and local and state election officials could take to effectively address potential voting problems. Witnesses at the hearing included Hans von Spakovsky, former Counsel to the Assistant Attorney General for Civil Rights and J. Kenneth Blackwell, the former Secretary of State of Ohio. The Justice Department declined to send a witness.

“In view of the many documented problems, none of which are new, that we have documented, the Justice Department must fulfill its duty to protect the right to vote,” said Rep. Nadler. “It is especially disturbing that the Department of Justice refused even to participate in this hearing to discuss its strategies for ensuring a free and fair election in November.”