In 1981, during the gubernatorial election in New Jersey (NJ), a lawsuit was brought against the RNC, the NJ Republican State Committee (RSC), and three individuals (John A. Kelly, Ronald Kaufman, and Alex Hurtado), accusing them of violating the Voting Rights Act of 1965 (VRA), 42 U.S.C. §§ 1971, 1973, and the Fourteenth and Fifteenth Amendments to the Constitution of the United States.
The lawsuit was brought by the Democratic National Committee (DNC), the NJ Democratic State Committee (DSC), and two individuals (Virginia L. Peggins and Lynette Monroe).
The lawsuit alleged that:
The RNC and RSC targeted minority voters in New Jersey in an effort to intimidate them.
The RNC created a voter challenge list by mailing sample ballots to individuals in precincts with a high percentage of racial or ethnic minority registered voters. Then the RNC put the names of individuals whose postcards were returned as undeliverable on a list of voters to challenge at the polls.
The RNC enlisted the help of off-duty sheriffs and police officers with "National Ballot Security Task Force" armbands, to intimidate voters by standing at polling places in minority precincts during voting. Some of the officers allegedly wore firearms in a visible manner.
To settle the lawsuit, in 1982 — while Ronald Reagan was President (1981-1989) — the RNC and RSC entered into an agreement or Consent Decree, which is national in scope, limiting the RNC's ability to engage or assist in voter fraud prevention unless the RNC obtains the court's approval in advance. The following is what the RNC and RSC, in the Consent Decree, agreed they would do:
n the future, in all states and territories of the United States:
(a) comply with all applicable state and federal laws protecting the rights of duly qualified citizens to vote for the candidate(s) of their choice;
(b) in the event that they produce or place any signs which are part of ballot security activities, cause said signs to disclose that they are authorized or sponsored by the party committees and any other committees participating with the party committees;
(c) refrain from giving any directions to or permitting their agents or employees to remove or deface any lawfully printed and placed campaign materials or signs;
(d) refrain from giving any directions to or permitting their employees to campaign within restricted polling areas or to interrogate prospective voters as to their qualifications to vote prior to their entry to a polling place;
(e) refrain from undertaking any ballot security activities in polling places or election districts where the racial or ethnic composition of such districts is a factor in the decision to conduct, or the actual conduct of, such activities there and where a purpose or significant effect of such activities is to deter qualified voters from voting; and the conduct of such activities disproportionately in or directed toward districts that have a substantial proportion of racial or ethnic populations shall be considered relevant evidence of the existence of such a factor and purpose;
(f) refrain from having private personnel deputized as law enforcement personnel in connection with ballot security activities.
The RNC also agreed that the RNC, its agents, servants, and employees would be bound by the Decree, "whether acting directly or indirectly through other party committees."
As modified in 1987, the Consent Decree defined "ballot security activities" to mean "ballot integrity, ballot security or other efforts to prevent or remedy vote fraud."
Since 1982, that Consent Decree has been renewed every year by the original judge, Carter appointee District Judge Dickinson R. Debevoise, now 88 years old. Long retired, Debevoise comes back yearly for the sole purpose of renewing his 1982 order for another year.
