House Urges Prosecution in Voter Probe

In a largely symbolic move, a divided House of Representatives voted early this morning to urge criminal prosecution of a Santa Ana immigrant rights group for failing to comply with a subpoena in the investigation of alleged voter fraud in an Orange County election last fall.

Passed on a 219-203 vote along party lines with just one Democrat defecting, the resolution “demands” that federal prosecutors pursue criminal charges against Hermandad Mexicana Nacional “pursuant to its findings, pursuant to the law and pursuant to the facts of the case.” The action has little power, simply sending a message to the U.S. attorney’s office that Congress wants help enforcing the subpoena, though such cases are rarely prosecuted.

But the matter provided a stage for the lengthiest, most contentious debate yet in the House on the challenge by defeated Rep. Robert K. Dornan (R-Garden Grove) to Democrat Loretta Sanchez’s 984-vote victory.

“If there’s a move to vacate this election, this is no longer the people’s house, it’s the Republican Party’s house, and I don’t think any of us want any part of it,” thundered Minority Leader Richard Gephardt (D-Mo.), triggering a standing ovation by his partisans.

Countered Rep. Bill Thomas (R-Bakersfield), who heads the committee investing the contested election: “This resolution is not about Loretta Sanchez. It’s not about Bob Dornan. It’s about people obeying the law, and it’s about this House enforcing the law.”

Hermandad, which is under criminal investigation by the Orange County district attorney’s office on suspicion of illegally registering noncitizens to vote, filed court papers Tuesday challenging the constitutionality of the various subpoenas, first issued against it in April. If the subpoenas are deemed valid, Hermandad attorney Mark Rosen said, his organization will attempt to quash them; if that fails, the group would probably invoke the 5th Amendment right against self-incrimination.

“As far as we’re concerned, the subpoena’s invalid; there’s nothing to comply to,” Rosen said. Of Tuesday night’s debate, in which Hermandad officials were denounced as criminals, Rosen added: “It just demonstrates what a partisan kangaroo court this is. I don’t know how persuasive [the resolution is] going to be to the U.S. attorney, considering it’s a party-line vote.”

The U.S. attorney’s office could not be reached for comment.

On Tuesday, House Democrats launched a media blitz on the Sanchez-Dornan race, with calls to radio shows across the country. The fireworks continued during a three-hour discussion on the House floor that stretched past midnight, and often veered away from Hermandad--and even the contested election--to allegations that the resolution was part of a longtime Republican plot to deter minority voters, an alleged effort that included uniformed poll guards in Southern California in 1992.

Uncharacteristically, scores of lawmakers crowded the chamber throughout the debate. As midnight approached, many speakers directed their comments straight at Sanchez, who declined to cast a ballot on the resolution.

Despite Democrats’ foreboding predictions that the Hermandad resolution was a precursor of a GOP move to vacate the seat--and comments last week by Speaker Newt Gingrich (R-Ga.) that investigators had proof of enough fraud to overturn the election--Thomas said Monday that he has not yet come to any conclusions in the case.

Rep. James Traficant of Ohio was the lone Democrat voting with Republicans.