WVWV is unique in that they are more willing to test new techniques and measure their effectiveness, they are big believers in the empirical approach advocated by Gerber and Green. WVWV usually tests techniques prior to elections, gathers and analyzes the results, and shares them with other voter reg organizations. In 2004 WVWV partnered with the NAACP on their voter registration drive. One approach that they have found to be cost effective for large registration campaigns is an automated phone call, followed by a voter registration form in the mail and then a follow-up phone call to encourage the citizen to send in the form. WVWV also closely studies results to determine when potential voters are most likely to register, and as one might expect people are most likely to respond when their interest is engaged, around an election. WVWV has registered or helped other groups register millions of new voters using these tested techniques, and it was on track to register millions more in this exciting election cycle.

Any large scale voter registration drive is bound to have a few problems, state voter files are not particularly reliable, people in less registered communities are usually more transitory and harder to find, even getting lists of people who might not be registered is difficult and expensive. Once you have a list of people who do not match a voter file many of them may have moved or you many not have correct phone numbers for them. In the middle of a busy election like this one some people may have registered between the time when you compiled your lists and when you begin your contacts. It is inevitable that some automated phone calls asking potential voters to look for a registration packet in the mail will reach the wrong party.

WVWV has been doing these registration drives for a while, and since they work on a scale of millions of potential new voters they inevitably attract the attention of Secretaries of State, especially when automated calls hit the wrong number. As a result they try to coordinate with the SoS in each state they operate, and they adjust their process according to the advice they get from the states. Usually, though, problems are resolved by explaining the process, as in Virginia where State Police investigated WVWV automated calls and determined that

The voter registration application contained in the packet is a legitimate voter registration form commonly accepted by the State Board of Elections. The organization provided prepaid envelopes addressed to the State Board of Elections...No charges will be placed against the organization, as neither the statewide phone solicitations nor mass mailings violate state law.

Occasionally Republicans will harass voter registration organizations with legal actions in an attempt to force them to waste resources on legal bills rather than spending them registering new voters. This is a tactic often used against organizations like the NAACP and ACORN. It was one of the key components of the U.S. Attorney scandal, where U.S. Attorneys who refused to pursue politically motivated legal action against voter registration groups were fired.

The program that WVWV is running in North Carolina is similar to the programs they have run elsewhere, an automated call and registration packet to likely eligible unregistered people timed to hit when they are engaged in the election. The NC Attorney General has asked them to stop the robo calls, which they have, and is investigating whether the absence of a disclaimer in the call was a violation of NC law. He has also asked for information about WVWV's process so that he can evaluate the legality of their program, and WVWV is reportedly cooperating.

Barack Obama and his lawyer Bob Bauer know all of this. Obama knows that WVWV was critical to registering new voters for him in Illinois in 2004, Bob Bauer knows the Bush administration's history of punishing groups like WVWV with frivolous lawsuits, they know that WVWV works closely with the NAACP and ACORN, they know that it is illegal for non-partisan (501(c)(3)s) to coordinate with candidates. And yet Barack Obama has decided that his political skin is more important than all of that work expanding the franchise, and if he can score some points against Hillary Clinton by characterizing a group that registers women as racist, then he will.

It is too early to tell how much Obama's attack will set back voter registration efforts by progressive groups, the political damage and legal costs to WVWV could lose us a million new voters, and the set-back to their efforts will impact the efforts of the NAACP, ACORN and the unions. The loss will not only impact competitive presidential states, but also critical House, Senate and Gubernatorial races. But one thing is certain, Barack Obama just made John McCain's job a little easier.

Deb Coops diary is the source for much of my information here, as well as the WVWV site. Matt Stoller and Chris Bowers at OpenLeft have more information, especially in the comments from nathanhj, and Mike Lux of OpenLeft and WVWV gives another take. The conclusions are entirely my own.