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ACLU sues over cost for voter lists
Says political parties received free copies
Saturday, August 14, 2004

The ACLU has sued the Allegheny County Election Bureau, claiming that they had to pay $1,000 each for copies of voter registration rolls while the two major political parties got the same information free.

The suit, filed yesterday by the Pittsburgh chapter of the American Civil Liberties Union, says the county's policy violates open records laws and Constitutional rights.

"Charging people different rates based on their party affiliations violates the most basic American value of treating all people the same, regardless of political beliefs," Vic Walczak, litigation director of the local ACLU, said yesterday.

The county's Department of Elections also violates the state election code, which says public information must be made available at cost, the ACLU said.

According to the county Election Code, voter registration information is considered public and should cost the petitioner no more than it costs the government to provide it.

The suit was filed on behalf of a political activist and advocacy organizations who claim they were told they'd have to pay $1,000 for the rolls.

The plaintiffs argue that the cost should be no more than $10, not $1,000, which each of the plaintiffs said they could not afford.

In the lawsuit, Walczak further quoted the code as saying "...no other fees may be imposed unless the agency necessarily incurs costs for complying with the request, and such fees must be reasonable."

One of the plaintiffs, political activist and Green Party member David Tessitor, said he has fought for 1 1*2 years to obtain the information.

Tessitor, 53, eventually obtained a copy of the files from a representative of the Reform Party, which the county gave a free copy to. Tessitor had learned that representatives of the Democratic and Republican parties also received their copies for free.

Tessitor said he needed the information to prepare a petition to have a question put on the election ballot seeking to amend the Pittsburgh City Charter.

Joining Tessitor in the suit are the Pittsburgh Interfaith Impact Network, the Gertrude Stein Political Club of Greater Pittsburgh, and the Western Pennsylvania Black Political Assembly.

The interfaith network already paid $1,000 for a compact disc containing voter information. The group wants to be reimbursed.

Representatives of the Elections Bureau and the office of county Chief Executive Dan Onorato declined comment on the suit.

Common Pleas President Judge Joseph M. James has scheduled a hearing on the matter for 10 a.m. Monday.

First published on August 14, 2004 at 12:00 am
Jim McKinnon can be reached at jmckinnon@post-gazette.com or 412-263-1939.
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