Hermandad’s Request Denied for Return of Files Seized by D.A.

SANTA ANA —  A judge on Friday denied a request by Hermandad Mexicana Nacional that the district attorney’s office return membership lists seized during a recent search of the organization’s Santa Ana office.

Lawyers for Hermandad, a Latino rights organization, had argued that the seizure violated the privacy rights of those on the list.

Superior Court Judge William R. Froeberg turned down the request, saying that he didn’t see any evidence that the district attorney’s office was using the membership list for anything other than a legitimate investigation.

“In the 1950s and ‘60s, the government sometimes used membership lists of the NAACP to run its members out of town,” Froeberg said. “I don’t see any evidence of that here.”

The court hearing Friday was held as part of a criminal investigation launched by the district attorney’s office into alleged voter fraud in the 46th Congressional District election last November. Agents searched Hermandad’s offices in January.

Hermandad’s activities are the focus of former Rep. Robert K. Dornan’s effort to overturn his defeat by Democrat Loretta Sanchez. Dornan lost by 984 votes.

An inquiry by Secretary of State Bill Jones found that of 1,160 people who registered to vote on applications provided by Hermandad, 721 were not citizens when they signed up and 442 of them cast ballots.

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Most of the Hermandad registrants were legal U.S. residents seeking citizenship, and many had become citizens by the time they voted. However, under the law, those votes would still be invalid, according to the secretary of state.

In related events Friday:

* Papers filed in court suggested that Hermandad Mexicana Nacional kept files on political contributors and “potential voters.” The information was taken from computer files seized by the district attorney and made public Friday.

According to the court filing, Hermandad kept records on donors who contributed a total of $786,896.30 to various candidates. Also included was a form labeled “Potential voters” and a survey seeking people’s political views.

As a nonprofit organization, Hermandad is prohibited by law from engaging in partisan political activity.

Mark Rosen, Hermandad’s lawyer, said keeping such files did not constitute endorsing political viewpoints.

“If an individual wants to keep records on who is contributing what to whom, I don’t see anything wrong with that,” Rosen said.

Bill Hart, a Dornan attorney, said the lists constituted more evidence that Hermandad was a Democratic political machine running off taxpayers’ dollars.

“In our view, they totally crossed the line,” he said.

* The Federal Election Commission questioned Dornan’s continued fund-raising under the banner of his 1996 reelection campaign.

Dornan has raised nearly $70,000 since his defeat in November, and spent about $56,000. Dornan said he is using the money to finance his fight to overturn his election defeat.

FEC rules generally prohibit candidates from raising money after election day, except to pay off campaign debts.

“We are going to ask the question, ‘For what election are you raising money?’ ” said FEC spokeswoman Sharon Snyder.

Snyder suggested that the FEC might require that Dornan declare himself a candidate in a future election.

Dornan said Friday that his solicitations were legal, and that they would continue.

“I can’t raise money for a new election until one is called,” he said.

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Meanwhile, the Democratic Party of California said it had complained to the FEC, contending that Dornan’s paid appearances as a radio host constituted illegal political gifts. The complaint, signed by Democratic Party Chairman Art Torres, charged that payments to Dornan for his appearances as host of the “Ollie North Show” earlier this month were illegal corporate contributions for Dornan’s 1998 race to reclaim his old seat.

Corporate contributions to candidates in federal elections are prohibited by law.

“Bob Dornan is a candidate for election in the 1998 congressional race,” Torres wrote.

Dornan replied that he is a private citizen entitled to make a living, and that he has not declared himself a candidate for Sanchez’s seat.

“Until an election is called, I am a private citizen,” he said. “What they are trying to do now is restrict my making a living.”

* Dornan’s lawyers prepared more subpoenas to help them make their case that the former congressman lost his seat because of voter fraud. Dornan has already issued about two dozen subpoenas to several organizations and individuals asking that they produce records.

Hart, Dornan’s lawyer, said the new subpoenas were being sent to a Los Angeles organization called Active Citizenship Campaign, which he said signed up some voters who cast ballots in the Dornan-Sanchez race.

Few if any of the organizations whom Dornan subpoenaed have complied with the requests, and many say the subpoenas are improper.

Rosen, the Hermandad lawyer, said he asked the House Oversight Committee reviewing the contested election to quash the subpoenas. Rosen said the subpoenas seek information that Dornan doesn’t need, and that the law governing their use is unconstitutional.