Last week two members of Veterans for Peace (VFP) attempted to register veterans to vote ahead of the upcoming presidential election. Sharon Kufeldt, National Vice-President of VFP, and Ruth Robertson, an associate member of VFP Chapter 101, were told that that their visit would be delayed for about 12 days by an investigation into each visitor's “political activities” and a tuberculosis test, which requires two medical appointments.  This violates a February 2008 court mandate.

In February 2008 the Federal Circuit in Washington held that VA cannot impose special requirements on visitors because of the content of their message.   The Federal Circuit ruled that the VA cannot use its rule against “unauthorized demonstrations” to interfere with voter
registration unless there is physical “disturbance” that also offends “decorum and decency.” 

An emergency motion filed today by lawyer Scott Rafferty seeks to enforce that order.
Rafferty explained the motion:
“Even political parties can register voters on VA campuses, because the Federal Circuit unanimously rejected the VA’s position that it can ban partisan activity that wasn’t a criminal disturbance.  By excluding the nonpartisan Veterans for Peace, the VA shows that it is interested in keeping veterans from voting, not preventing partisan activity, which it has no right to do." 

VFP National Vice-President and Air Force veteran Sharon said, "Sadly, the VA appears to want to stop veterans from using their right to speak out by voting. After serving their country and receiving inadequate support despite their service, they are now being blocked from voting."

The Department of Veterans Affairs said on September 8 that it would no longer ban voter registration drives among veterans living at federally run nursing homes, shelters for the homeless and rehabilitation centers across the country. This is a reversal a statement made last May, when the department said such drives would violate the prohibition on political activity by federal employees and would be disruptive.

This month's reversal came after months of pressure from state election officials and lawmakers including Diane Feinstein, sponsor of S. 3308, the Veteran Voting Support Act. Veterans’ participation could be particularly important this year in a presidential election in which the treatment of veterans is an important campaign issue.

Quoted in the New York Times on September 9 Dr. James B. Peake, secretary of veterans affairs stated, “We’ve now established a uniform approach to helping those of our patients who need assistance to register and to vote.” San Francisco Bay area voting rights activist Gail Sredanovic thinks otherwise. "When members of VFP Chapter 101 spoke to the San Francisco VA last week they were told that a lot of help was needed. If community volunteers such as members of Veterans for Peace are prohibited or delayed from registering voters when time is so short before the election, who will be registering voters? The VA is not keeping its promise to help vets register to vote."

More than 100,000 people reside for a month or longer at V.A. facilities nationally.

Lawyer Scott Rafferty can be reached at: rafferty [at] gmail.com