WASHINGTON -- A U.S. District Court judge has ordered the Republican National Committee and Donald Trump's campaign to provide any written agreements concerning "voter fraud, ballot security, ballot integrity, poll watching, or poll monitoring,'' or affidavits of people involved if there are oral agreements.
The RNC is under a court-sanctioned agreement to avoid taking any steps that could be seen as intimidating minority voters, and a Democratic National Committee lawsuit said the prohibition also should apply to the Trump campaign since it is working with the party.
Judge John Michael Vazquez in Newark also asked for more details about statements made by Indiana Gov. Mike Pence, the Republican vice-presidential nominee, at a Denver town hall meeting in August when he said "the Trump campaign and the Republican National Committee are working very very closely" with states to "ensure ballot integrity."
In addition, Vazquez sought information about comments made by Trump campaign manager Kellyanne Conway to a Washington Post reporter after the third presidential debate. The reporter, Robert Costa, said on MSNBC that Conway told him that the Trump campaign and the RNC were working together to combat voter fraud. Conway later took back her comments, Talking Points Memo reported.
A hearing is scheduled for Friday.
Democrats have charged Trump and the Republicans with violating an agreement stemming from the 1981 New Jersey gubernatorial election.
"The fact that the DNC will be getting the RNC on record as to precisely what it has done and what is planning is important not just for this Election Day but for possible contempt hearings and extension of the consent decree," said Rick Hasen a professor of law and political science at the University of California, Irvine, and author of a blog on election law.
The consent decree is supposed to expire next year, but the lawsuit asks the courts to extend it for eight more years.
In bringing the suit, the Democrats cited Trump's accusation about a "rigged" election and his call for observers to fan out to areas with a large number of minority voters.
At the third debate Oct. 19, he refused to agree to accept the election results. A day later, he said he would accept them "if I win."
Trump has embraced voter identification laws that federal courts have said prevent minorities from casting ballots. Republicans have defended the laws as necessary to prevent in-person fraud, a problem that has been shown to be virtually non-existent.
The lawsuit charged that such actions violated an agreement reached after New Jersey Republicans reportedly targeted heavily minority communities that tend to support Democratic candidates.
Under the consent decree, the RNC agreed to not undertake "ballot security activities" in areas with a large concentration of minority voters "where a purpose or significant effect of such activities is to deter qualified voters from voting."
The agreement was directed at the Republican National Committee and "its agents," and the Democrats contended that it also should be applied to Trump because his campaign is raising money jointly with the national party.
Jonathan D. Salant may be reached at jsalant@njadvancemedia.com. Follow him on Twitter @JDSalant. Find NJ.com Politics on Facebook