Bid to Sign Up Voters Quashed : Court-Ordered Registration Push Is Overturned

The state Supreme Court, striking down a landmark bid to increase voter registration, ruled Thursday that a judge had no authority to order Los Angeles County officials to deputize thousands of county workers to sign up low-income and minority voters.

In a 5-2 decision, the justices overturned a preliminary injunction--the first of its kind--requiring health, welfare and other employees not working in the public-safety sector to serve as voter registrars in addition to their regular duties.

The injunction, issued in 1986 by Los Angeles Superior Court Judge Jack M. Newman, was upheld by a state Court of Appeal, which criticized the Board of Supervisors for its “apparent indifference” to disparities in registration rates between low-income and high-income communities.

‘Highest Possible’ Level

But the high court held Thursday that while state law did require officials to bring registration to the “highest possible” level, it did not require them to assign county employees as registrars--even if doing so would “substantially further” maximum registration.

Chief Justice Malcolm M. Lucas, writing the majority opinion, noted that the law said counties “shall” deputize citizen volunteers to reach “most effectively” all their residents--but adds only that they “may” assign county employees to such tasks.

“The decision whether to (deputize employees) is a quasi-legislative decision entrusted solely to local elected officials,” Lucas wrote.

‘Reasonable Opportunity’

Nor, the chief justice said, were the courts empowered to order the board to take specific steps to remedy low registration. Even if the county’s actions were found discriminatory, the order requiring employee deputization “was not an available remedy,” he said. The county should have a “reasonable opportunity” to develop its own plan if found in violation of the law, he said.

In dissent, Justice Allen E. Broussard, joined by Justice Stanley Mosk, contended that the judge was fully empowered to issue such orders to counter the board’s attempt to “stonewall” bids to increase registration among the poor and minorities.

Broussard noted that there was evidence that in low-income and minority areas, up to 70% of the eligible voters were not registered--contrasted with a rate of up to 15% in high-income white areas.

The “practical disenfranchisement” of large numbers of the poor and minorities “draws into question” the validity of pre-election registration itself, the dissenters said.

The widely watched case was marked with political overtones, as well as far-reaching legal issues. In rejecting proposals to expand its current voter-outreach program, the board had divided along partisan lines, as three Republican supervisors outvoted the Democratic supervisors. Democrats traditionally have benefited most from registration programs in low-income areas.

Support From Groups

Civil rights organizations and state Atty. Gen. John K. Van de Kamp had backed the group Common Cause in the taxpayers’ suit that it brought against the county seeking the employee-registrar program. The board drew support from the Pacific Legal Foundation and other conservative legal groups in opposing the plan as costly and unnecessary.

Thursday’s decision was welcomed by Lori Huff Dilman of Los Angeles, an attorney representing the board. “We are pleased with the outcome and feel it vindicates the county’s decision to appeal the injunction,” she said. Dilman added that officials already had taken “quite substantial” steps to increase voter registration in the county.

Attorneys for Common Cause and its supporters expressed disappointment, saying the ruling would mean minorities and the poor will continue to be under-registered in the county.

‘A Mockery’

“The board majority will continue to try to keep the political process closed to all but the privileged,” said Mark D. Rosenbaum, an attorney for the American Civil Liberties Union Foundation of Southern California. “The majority will continue to raise the American flag, except when it can be utilized to increase voter participation. It makes a mockery of democratic theory.”

Dennis M. Perluss of Los Angeles, a lawyer representing Common Cause, also voiced dismay, but noted that the way was still clear in a subsequent trial to seek a court order requiring the county to come up with some plan to increase registration.

Perluss also said new regulations were being considered by Secretary of State March Fong Eu that would require social service offices throughout California to provide written notices to their clientele of the availability of voter-registration materials.