DEMOCRATIC NATIONAL COMMITTEE V. EDWARD J. ROLLINS: POLITICS AS USUAL OR UNUSUAL POLITICS?, 2 Race & Ethnic Anc
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Washington and Lee Journal of Civil Rights and Social Justice Volume 2 | Issue 1 Article 8 Spring 4-1-1996 DEMOCRATIC NATIONAL COMMITTEE .v EDWARD J. ROLLINS: POLITICS AS USUAL OR UNUSUAL POLITICS? Rachel E. Berry Follow this and additional works at: https://scholarlycommons.law.wlu.edu/crsj Part of the Civil Rights and Discrimination Commons, Election Law Commons, Fourteenth Amendment Commons, and the Law and Politics Commons Recommended Citation Rachel E. Berry, DEMOCRATIC NATIONAL COMMITTEE v. EDWARD J. ROLLINS: POLITICS AS USUAL OR UNUSUAL POLITICS?, 2 Race & Ethnic Anc. L. Dig. 44 (1996). Available at: https://scholarlycommons.law.wlu.edu/crsj/vol2/iss1/8 This Article is brought to you for free and open access by the Washington and Lee Journal of Civil Rights and Social Justice at Washington & Lee University School of Law Scholarly Commons. It has been accepted for inclusion in Washington and Lee Journal of Civil Rights and Social Justice by an authorized editor of Washington & Lee University School of Law Scholarly Commons. For more information, please contact [email protected]. DEMOCRATIC NATIONAL COMMITTEE v. EDWARD J. ROLLINS: POLITICS AS USUAL OR UNUSUAL POLITICS? Rachel E. Berry* Introduction ward J. Rollins, the campaign manager for New Jersey gubernatorial candidate Christine Todd Whitman, The right to vote occupies a unique and privileged bragged to a group of reporters that he had used position in American jurisprudence. Voting rights are the $500,000 of Whitman's campaign money to "suppress" subject of almost half of the constitutional amendments black voting during the 1993 gubernatorial campaign. since the Civil War.' Federal laws passed pursuant to Specifically, Rollins claimed that he had approached those amendments provide strong, comprehensive rem- black ministers known to be supporters of Whitman's 2 edies for voting rights abuses. Democratic opponent, James Florio, and promised to Notwithstanding the arsenal of federal laws protect- contribute to their favorite charities in exchange for the 3 ing voting rights, the goal of full political participation ministers' promises not to rally the vote for Florio. by racial and ethnic minorities continues to be frustrated. Rollins' statements spurred a federal investigation and a Minorities continue to experience resistance at the polls, federal lawsuit alleging voting rights abuses.4 Rollins sub- the voting strength of racial and ethnic minorities con- sequently testified under oath,' however, that he had tinues to be the target of illegal racial gerrymanders, and lied to the Washington reporters, 6 and the investigation 7 race continues to occupy a central, divisive position in and lawsuit were dropped. political rhetoric. The Rollins affair is enigmatic largely because fed- Perhaps the most enigmatic example of the current eral law does not appear to provide a remedy for a problems plaguing minority political participation is the Rollins-type scheme" His alleged scheme was not quite so-called "Rollins affair." According to press reports, Ed- bribery - which includes paying someone to vote or *Washington and Lee University School of Law, Candi- INQUIRER, Nov. 14, 1993, at D1 ("The idea was that, in ex- date for Juris Doctor, May 1996. 1 would like to thank Gisella change for the contributions, the ministers would forgo their Erdody Berry, Louise Halper, and Daniel G. Schmedlen, Jr. for traditional pre-Election Day sermons to their largely Demo- their helpful comments on earlier drafts of this article. cratic parishioners, thereby dampening the Florio tumout.'. 'U.S. CONsT. amend. XXVI (setting minimum age for 4 Criminal Probe Of Jersey Campaign: Demos Also Sue voting at eighteen); Id. amend. XXIV (eliminating poll taxes); Governor-ElectOver Black Vote, S.F. CHRON., Nov. 13, 1993, at Id. amend. XXIII (establishing right of residents of District of A3 [hereinafter Criminal Probe] (reporting investigations by Columbia to participate in presidential elections); Id. amend. U.S. Attorney in Newark); Thomas B. Edsall & Malcolm XIX (establishing that right to vote shall not be denied on Gladwell, Federal,State ProbesBegin In NJ.Gubernatorial Vote, account of sex); Id. amend. XVII (establishing requirements WASH. PosT, Nov. 13, 1993, at A2 (same). for election of senators); Id. amend. XV (establishing that right I Thomas B. Rosenstiel, Rollins' Comeback Turns Into A to vote shall not be denied on account of race). The Four- Nosedive, L.A. TIMEs, Nov. 20, 1993, at Al (reporting that teenth Amendment also serves as a primary protector of the Rollins spent over seven hours giving sworn deposition testi- right to vote. See Reynolds v. Sims, 377 U.S. 533,559-60 (1964) mony to lawyers from Democratic 6 National Committee). (establishing modem constitutional rule against vote dilution Rollins, Under Oath, Says He Lied About Racial Vote Tac- under Equal Protection Clause: one person-one vote). tics, S.F. CHRON., Nov. 20, 1993, at A3 [hereinafter 2 Rollins, See 42 U.S.C. § 1971 (a) (1988) (prohibiting discrimina- Under Oath]. tion on account of race in voting); Id. § 1971(b) (prohibiting 7Democrats Drop Suit To Overturn N.J. Election;Not Enough intimidation, threats and coercion for purpose of interfering Evidence Found, THE LEGAL INTELLIGENCER, Nov. 30, 1993, at 7 with right to vote); Id. § 1973(a) (proscribing voting qualifi- [hereinafter Democrats Drop Suit]; Rachel E. Stassen-Berger, cations or prerequisites which result in denial or abridgment U.S., New Jersey Drop Probes Of Rollins Claims;No Vote Sup- of right to vote on account of race); Id. § 1983 (establishing pressionBy Whitman Camp Found, WAsH. PosT, Jan. 13, 1994, liability for deprivation of rights, privileges and immunities atA3. 8 secured by Constitution and laws of United States); Id. § 1985 See Rorie Sherman, Political,Not Legal?, NAT'L LJ., Dec. (prohibiting conspiracies to prevent by force, intimidation or 6,1993, at 6 (reporting consensus that Democratic Party's case threats any person from voting). was 3 based upon "strong politics" but "weak legal theory'). Thomas B. Edsall & Malcolm Gladwell, Justice Said To Michael W. McConnell, Professor of Law at the University of Be ProbingNew York Vote Suppression, WASH. PosT, Nov. 12, Chicago Law School, reportedly stated that the Democrat's 1993, atA2; John Goldman, Probe Of Alleged Vote Suppression suit did not have "much of a legal theory." Linda Bean, Plain- Asked In New Jersey: CampaignManager For Whitman Retracts tiffs Face High Hurdles, LEGAL TIEs, Nov. 29, 1993, at 2. Like- Statement That MinistersAnd Party Workers Were Paid To Not wise, Laughlin McDonald, Director of the Atlanta-based Vot- Rally Behind Florio, L.A. TIMES, Nov. 11, 1993, at A17; ing Rights Project of the American Civil Liberties Union, de- Katharine Seelye, What's Wrong With Suppressing An scribed the Democratic National Committee's arguments as Opponent's Vote? The Tactic Is Just How The Game Is Played, "artful," but noted that the DNC was "clearly stretching" fed- PoliticalInsiders Say. So Where DidEd Rollins Go Astray?, PHILA. eral voting rights law. Id. not to vote, but does not include a scheme in which the PART I:THE FACTS SURROUNDING THE voter receives nothing of value.9 His alleged scheme also ROLLINS AFFAIR did not compare to the strong-arm tactics that had prompted Congress to pass current federal voting rights A. Rollins' Statements To The Press laws.'0 Still, intuitively, observers sensed that a Rollins- type scheme would have caused harm - and not sim- On November 9, 1993, just a few days after Gover- 14 ply offense - to minority voters.I nor Christine Todd Whitman's narrow victory over This article examines federal voting rights law and Democratic incumbent James Florio, Whitman's cam- the commitment the federal government has made to paign manager, Edward J. Rollins, boasted to a group of ensuring the full political participation of minority vot- reporters in Washington that he had spent $500,000 of ers. It attempts to answer the following question: is a Whitman's campaign money in a scheme designed to Rollins-type scheme "just politics as usual" or does such reduce black voter turnout.' Specifically, Rollins stated: a scheme represent the kind of threat to minority voting [We] went into the black churches and basically said rights that justifies federal intervention? Part I of this to the ministers who had endorsed Florio, "Do you have article describes the background of the Rollins affair, any special projects (charities)? We see you have already placing particular emphasis on the role played by the endorsed Florio. That's fine. But don't get up on the Sunday pulpit and say ... it's your moral obligation to political parties in shaping the dynamics of New Jersey 6 elections and voting rights litigation. Part II describes vote on Tuesday, to vote for Jim Florio."' the evolution of the "right to vote." The focus of PartII Rollins also claimed that members of the Whitman will be on two important sources of federal voting rights campaign had approached Democratic poll workers and law: the Fifteenth Amendment 2 and the Voting Rights offered them money to stay at home instead of helping Act of 1965.13 Part III argues that current voting rights in the "get out the vote" drive: jurisprudence tends to describe voting in unduly indi- vidual-oriented terms, and that such a narrow defini- [We asked,] "How much have they paid you to do tion of the right to vote is inconsistent with early voting your normal duty. We'll match it, go home, sit and to protect the civic watch television. And I think to a certain extent, rights jurisprudence and inadequate 7 function of voting in a democratic system. PartIII also we suppressed their vote." argues that the current unwillingness to view a Rollins- type scheme as vote "suppression" is a function of this B. The Political UproarAnd Rollins' Denial individual-oriented definition of voting.