Palin’s Virginia Robocalls May Not Be Legal.
Today Virginians will elect a governor. And most of us have heard about a series of robocalls that peppered the state coming from a certain ex-governor of Alaska. But there was something strange and unusual about these robocalls. They didn’t endorse a candidate. They simply urged voters to vote “their values.” No mention of the Republican candidate or his name. I’ve heard a lot of speculation about this.
Does this mean he didn’t want the Palin endorsement? Does this mean it’s more about “Palin values” than the candidate? Did she just forget?
Leave it to a Mudflatter to pull on the boots and get to work. This is a fascinating trek through the sleuthing that led us to the answer, and a bonus conclusion that the calls may not have even been legal.
So, a huge hat tip to Mudflatter ExBg, who is a Public Policy Analyst in real life. I bet you never knew there was such a thing as a “robo-call wonk” but you are about to become one!
******************************************
Some residents of Virginia have recently received a robo-call from former-Governor Sarah Palin. Mrs. Palin identified herself by name and then entreated the listener to “vote for our shared principles” and to “vote your values.” A recorded male voice then came on the line and informed the listener that the call had been paid for by the Virginia Faith and Freedom Coalition.
But was this call legal?
First, let’s look at the legalese of robo-calls.
According to the federal Telephone Consumer Protection Act (TCPA) of 1991 regarding “robo-calls”:
All artificial or prerecorded telephone messages (i) shall at the beginning of the message, state clearly the identity of the business, individuals, or other entity that is initiating the call, and (ii) shall, during or after the message, state clearly the telephone number or address of such business, other entity, or individual.
Mrs. Palin identified herself, and then a male voice identified that the call was paid for by the Virginia Faith and Freedom Coalition, but no address or telephone number was included.
So does this mean that the call was illegal? Not necessarily.
The TCPA leaves it up to each state to decide how to regulate robo-calls of a political nature. So, let’s see what Virginia’s regulations say, shall we?
According to Virginia’s code:
It shall be unlawful for any candidate or candidate campaign committee to make campaign telephone calls without disclosing, before the conclusion of each telephone call, information to identify the candidate or candidate campaign committee who has authorized and is paying for the calls unless such call is terminated prematurely by means beyond the maker’s control.
In other words, in order for the call to be lawful, the “candidate” or “candidate campaign committee” must disclose who has authorized and is paying for the call, unless the call ended prematurely due to circumstances uncontrollable to the caller.
On the surface, it seems like this particular legal requirement may have been satisfied. After all, a male voice clearly relays that the call has been paid for by Virginia Faith and Freedom Coalition. But take a closer look. “It shall be unlawful for any candidate or candidate campaign committee…”
See that pesky little language there – “candidate campaign committee”? Keep that in the back of your mind for a moment, because we’ll be coming back to this phrase a little later. For now, let’s finish looking at the VA code.
Hmmm, well, isn’t that strange? Interestingly enough, the Virginia code also requires that “[t]he person making the telephone call shall disclose the name of the candidate.”
Did you hear a candidate endorsement? Me either. But this is something else we’ll also have to come back to.
Finally, VA code states that:
It shall also be unlawful (i) for any candidate or candidate campaign committee who contracts for campaign telephone calls to fail to provide to the persons making the telephone calls the identifying information required by this section or (ii) for any person to provide a false or fictitious name or address when providing the identifying information required.
(2000, c. 874, § 24.2-1014.1; 2006, cc. 787, 892.)
Megan Stapleton, Mrs. Palin’s spokeswoman, has already confirmed that Mrs. Palin recorded that message and FCC confirmed they’re behind these calls, so it seems they’re in the clear there.
So now that we’ve got the full code out of the way, let’s go back to the phrase “candidate campaign committee.” Candidates and candidate campaign committees are legally permitted to robo-call, but what about the Virginia Faith and Freedom Coalition? Who are they and are they a “candidate campaign committee”?
According to the “About” section on their website, The Virginia Faith ad Freedom Coalition, aka the FFC:
“…believe[s] that the greatness of America lies not in the federal government but in the character of our people — the simple virtues of faith, hard work, marriage, family, personal responsibility, and helping the least among us.”
And that they:
[…are] committed to educating, equipping, and mobilizing people of faith and like-minded individuals to be effective citizens. Together [they] will influence public policy and enact legislation that strengthens families, promotes time-honored values, protects the dignity of life and marriage, lowers the tax burden on small business and families, and requires government to tighten its belt and live within its means.
Yet the bulk of information on their website appears to be dedicated to only reporting activities and news items related to the Republican and emerging “Conservative” Parties and Republican and “Conservative Party candidates. One article, entitled “Grassroots Blitz in VA,” includes a photo of Governor-candidate McDonnell with FCC volunteers, and can be read here.
Okay, so now we have an idea of who they are and what they believe, but that doesn’t answer the question about whether they are a “candidate campaign committee,” or if so, whom they represent, since they and Mrs. Palin failed to identify a candidate in their paid-for robo-call.
To answer the first part of the question – whether they are a “candidate campaign committee” for any candidate – one needs to consult the Virginia State Board of Elections, which maintains a “List of Active Candidate Campaign Committees.” A search through all seventeen pages for the name “Virginia Faith and Freedom Coalition” yielded no matches to the Virginia Faith and Freedom Coalition.
The search did yield the name of Governor-candidate Robert “Bob” McDonnell’s campaign committee – the Republican candidate whom Sarah and the Virginia Faith and Freedom Coalition may or may not have been politicking for since they failed to identify a candidate in the robo-call - yielded one result: “McDonnell for Governor”.
So they don’t appear to be a “candidate campaign committee” and they didn’t clearly endorse any candidate by name, but can they still legally robo-call? At this point, the answer is, maybe.
To find an answer to this question, let’s look first at some information disclosed by George Stephanopoulos at George’s Bottom Line.
According to Mr. Stephanopoulos, there’s a good reason why Mrs. Palin and the FFC did not disclose support for Governor-candidate McDonnell:
The calls do not include an explicit appeal to vote for McDonnell, according to Sen. Martin, because his organization is prohibited as a 501(c)(4) organization from making a direct appeal for the election of a particular candidate.
AHA! So no we learn that FFC is a 501(c)4 organization and supposedly can’t endorse a “particular candidate,” but what exactly is a 501(c)4?
According to the IRS, a 501(c)(4) is a nonprofit dedicated to Civic Leagues, Social Welfare Organizations, and Local Associations of Employees: (http://www.irs.gov/pub/irs-pdf/p557.pdf, page 46):
To qualify for exemption under section 501(c)(4), the organization’s net earnings must be devoted only to charitable, educational, or recreational purposes. In addition, no part of the organization’s net earnings may benefit any private shareholder or individual.
Additionally:
[…] social welfare “does not include direct or indirect participation or intervention in political campaigns on behalf of or in opposition to any candidate for public office.
OK, so FFC really is not legally permitted to endorse a specific candidate. And, to be fair, in her robo-call, Mrs. Palin, on behalf of FFC, didn’t exactly say the name of any particular candidate or indicate she (or they) represents any particular party. But that doesn’t mean that FFC is apolitical, as evidenced by their website. And that in itself may be “illegal” for a “nonprofit.”
But let’s leave that thought for now, because we really need to know what the rules are for a 501(c)4 organization in legally making robo-calls, otherwise known as “telephone solicitations.”
According to the Telephone Consumer Protection Act 47 U.S.C. § 227:
(4) The term “telephone solicitation” means the initiation of a telephone call or message for the purpose of encouraging the purchase or rental of, or investment in, property, goods, or services, which is transmitted to any person, but such term does not include a call or message (A) to any person with that person’s prior express invitation or permission, (B) to any person with whom the caller has an established business relationship, or (C) by a tax exempt nonprofit organization.
So, that seems pretty cut and dried, doesn’t it? FCC is a “tax exempt nonprofit organization” and as such should legally be able to make “solicitationous” robo-calls, right?
Well, yeah, maybe, but even considering all this, those calls may not have been legal, but not for the reason one might expect.
There’s one last thing we need to consider. So let’s go back and take another look at that article entitled “As Palin Robocalls in Virginia, McDonnell Keeps His Distance” by George Stephanopolous. He reported that:
The Virginia Faith and Freedom Coalition put together the [robo-]call list by matching up church lists with records of who had voted in recent elections. The targets included both high propensity and lower propensity voters.
So why is this important? Because non-profits, such as FFC, very probably shouldn’t have legal access to those “records of who had voted in recent elections.”
Stick with me for a moment as I veer off on a not-quite tangent.
You see, the Palin/FCC robo-calls haven’t been the only controversy brewing in Virginia lately. Another controversy, involving the antics of the Know Campaign, has some eerily familiar similarities.
Bill Sizemore of The Virginian Pilot has written a few articles in the past few days about how the Know Campaign, a non-profit organization, may have gotten illegal access to Virginians’ personal voter history.
On October 28, 2009, Mr. Sizemore reported in the article “Your Voting History Could Be in a Neighbor’s Mailbox” that:
The Know Campaign, a new nonprofit group, is sending out an individualized mass mailing to people in 350,000 households recapping their recent voting history and that of their neighbors, listed by name and address. It doesn’t reveal how people voted – merely whether they participated.
And that:
The mailing is being funded with a $150,000 grant from a foundation that [Executive Director Debra Girvin] declined to name.
The group is using the Internet domain name that was used by the Know Campaign, which helped defeat a 2002 ballot question on a sales tax for road improvements in Hampton Roads, but has no other connection to that group, Girvin said.
Mr. Sizemore did a follow up story on October 29, 2009 , entitled “Nonprofit Halts Planned Mailing of Voting History” which relayed that the Know Campaign’s mass mailing had been temporarily halted because of the questions of legality in how that information was obtained.
An inquiry into the matter is under way at the State Board of Elections, where officials were surprised to learn that a nonprofit group called the Know Campaign was planning to disseminate the voting data to 350,000 randomly chosen households.
Though the Know Campaign is arguing that the information they’d obtained was “public information” they’d received from the Board of Elections, the Board of Elections told a different story:
Nancy Rodrigues, the board secretary, said she was “shocked” to read a Virginian-Pilot report about the effort, which the group characterized as an attempt to boost voter turnout in Tuesday’s gubernatorial election.
“We did not release that information to the Know Campaign,” Rodrigues said. “Nonprofits are not given that access.”
Apparently, according to state law:
[…] lists of people who voted in elections can be released only to candidates, elected officials and political party chairmen. Those who get such access must sign a statement agreeing not to share the data with anyone else. Violation of the law is a felony.
So how did the the Virginia Faith and Freedom Coalition, a nonprofit organization, know who to robo-call again? Oh, that’s right, they’d obtained “records of who had voted in recent elections.”
And what was that about non-profits having that information? That’s right, it might not be LEGAL.
Maybe the VA Elections Board needs to take a closer look at these robo-calls.
Is Sarah Palin anywhere near this situation? She is? What a surprise….
I have to say that while this was mildly interesting, it did challenge my attention span. My bad.
I think we can safely assume that if Sarah is associated with something it’s bound to be illegal.
Also too, I’m not just goin’ Rogue in the great state of Alaska and also too in New York but I’m pokin’ my bony rogue fingers into the state of Virginia too also. Not followin’ your silly rules either….
I grew up in Virginia so now I can claim two states of residence that have the Palin Pall over them.
So if Mc Donnell “shares her values” that means he will quit in the middle of his first term?
and the list just keeps getting longer and longer. Makes the distinction between ignorance and innocence even more clear.
Guilty again. (not that I would ever judge….lol)
You know, i haven’t finished reading this post, so maybe i’m jumping the gun here, but whether or not it is legal, while of course a valid point, is really not the issue. Sorry for the cliches, but the horse is out of the barn already, the calls were made, and while we can argue the merits of their legality, who knows who they may have influenced.
And here we have the difference between Conservatives and Progressives. We look to the rule of law to guide us in our decision making, while they look to mob rule tactics, intimidation, and overwhelming force (think tea parties, town halls, iraq war, etc.) Until we are ready to get down and dirty and use their own tactics against them, we are going to continue to be stymied and unable to move forward.
Just like the riotous town halls we saw over the summer, the Conservative Republicans are using the same methods today in NY-23, where people have been bussed in from all over the country to stand at polling stations and intimidate potential voters. I don’t know what the answer is, but apparently trying to use laws to stop them doesn’t work. What you are seeing is the beginning of complete anarchy in this country. We can only hope that the Republicans turn on eachother so completely, there aren’t enough left in the end to continue the fight.
Somebody talk me down from the ledge! (just kidding of course, but i am FRUSTRATED!)
Good work, ExBg! I’m glad there are people like you who are curious enough to slog through all this stuff. The implications are pretty startling. The sharing of personal information that shouldn’t be shared is not a good thing in any context. But if it means that innocent people had to hear Palin’s voice on their answering machines, that just makes it worse.
Thanks for uncovering and exposing.
Illegal? unethical? Not OUR S’arah!
Huff Post… then MSNBC… then Facebook screaming… then Letterman,
and so on.
Ah, the fun never ends.
Excellent research – but who with the authority to do so, will actually pursue this and find out how the FFC obtained those lists? Can legal action be taken after the fact? Will the FFC get a slap on the hand and a miniscule fine? Palin will get nothing for punishment, yet probably made a tidy fee for doing this.
As a side note – there are several times in the article that it states FCC, rather than FFC – caused me a bit of confusion as I wondered if the actual FCC was involved.
Didn’t Palin tell voters in some state or other to be sure to go to the polls to vote on Wed. The day after the national election last year?
She nothing if not scatty brained.
Wow ExBg – that was some serious delving! Where does one go with such delve, to bring it smack against $’Ps head? I dunno! It does add to the arsenal tho. And that is a good thing.
Have to say, I wasn’t prepared to become a robocall wonk. I kept hearing Seinfeld’s voice in my head saying, “But I don’t WANNA be a pirate!”
I’m off to check the early feedback for the NY race. I’ve managed to steer clear for the bulk of the day but I’m ready to take a peek.
“But if the President of Egocentistan does it, that means it’s NOT illegal”
Since Sarah, Meg and the SarahPAC Fund seem to want to walk as close to the line ( and jump over it ) as possible with their ‘ shenanigans ‘… I would hope that the SarahPAC books are being scrutinized even more closely now by those who do audits of the PACS. They were already ‘ warned ‘. Haven’t they left a little trail of breadcrumbs right up to the front door?
I’m not in the least surprised that Sarah didn’t blink when asked to participate. i mean, she’s gettin’ in there, talkin’ directly to the (real) American people. And it didn’t cost her a dime!
It won’t do her any damage, though. If anything comes of it, she’ll just invite the VFFC to go lay under the bus. And they will.
Just when I’m getting really pissed off, I make it through to the comments and you guys never fail to make me laugh.
I’m so glad you’re there for me at the end…
When I first heard the robo-call, I thought “that can’t be legal.” But as usual, nothing will come of it.
Wow….great work. I had to stop mid-article to pour myself a glass of wine.
First of all, I’m not surprised. Secondly, what do we do now? How do we get this information into the correct hands? This needs to go viral.
Even though today’s election is just about over, I think it’s important because Ms. Divider will be inviting herself to other states to do the same thing. I am sure there are numerous other conservative organizations who will sponsor her robocalls. This needs to be addressed.
I don’t know why, I am still stunned that Palin made robocalls when she was not even invited to Virginia to…cough….cough….”help”.
Ahhhhh…get the hint Palin. They didn’t want your sorry arse at the party….you always bring trouble and division as guest.
@6: Just like the riotous town halls we saw over the summer, the Conservative Republicans are using the same methods today in NY-23, where people have been bussed in from all over the country to stand at polling stations and intimidate potential voters.
____________
Are you serious? What country to they think they are living in? Afganistan?
Take a look people, these are the ones who claim to be “real American’s” and who are trying to stop the democratic process by fear and intimidation tactics. Have they no shame?
Non profits and churches are pushing it to and apparently past the limit these days!
Much thanks to Mudflatter ExBg and of course AKM.
I’m surprised George S. looked at this too.
Are there any church and state, tax law mudpuppy wonks out there?
Although I have not read the 2,000 page bill, I believe that the Catholic churches leaflet in the following article, is a lie about abortion funding.
When will the government step in and revoke their tax exempt status?
It does not get more belligerent than this:
The Colorado Independent:
A little over 100 million Americans are treated through Catholic hospitals and health centers.
There are 624 Catholic hospitals in America. Also, 11 of the nation’s 40 largest health care systems are Catholic, such as Ascension Health, Catholic Health Initatives and Trinity Health.
This past weekend the U.S. Conference of Catholic Bishops instructed pastors at parishes across the country to distribute material urging Catholics to oppose the health reform bills making their way through Congress for allowing public funding of abortions.
Priests were to insert the Bishops Conference pdf leaflets and letters into parish news bulletins, distribute them at church doors or place them in pews.
They were also directed to read a statement at mass to reinforce the message.
The Conference of bishops reportedly sent the orders out last Thursday, the same day Speaker Nancy Pelosi presented the mammoth 2,000-page House reform bill to lawmakers and the public.
As observers have pointed out, however, the bishops’ position seems to be oddly anti-government.
The Church has never opposed any private health insurance policies that provide abortion benefits.
It has never urged a boycott of particular insurance companies for offering abortion benefits.
Aetna, Blue Cross, Cigna, United Healthcare– all the major private insurers provide for abortion services in their policies.
All policy holders are paying into the provider network and subsidizing all its services.
The strong stance by the Bishops led one CNSNews commenter to ask why priests are being directed to mouth Republican Party talking points.
The leaflet:
HEALTH CARE REFORM IS ABOUT SAVING LIVES, NOT DESTROYING THEM.
Abortion is not health care because killing is not healing.
For over 30 years, the Hyde Amendment and other longstanding and widely
supported laws have prevented federal funding of elective abortions.
Yet health care reform bills advancing in Congress violate this policy.
Americans would be forced to subsidize abortions through their taxes and health insurance premiums. We need genuine health care reform— reform that helps save lives, not destroy them.
Tell Congress: “Remove Abortion Funding and Mandates from Needed
Health Care Reform!”
Visit http://www.usccb.org/action to send your e-mails today.
For more information on the U.S. bishops’ advocacy for authentic Health Care
Reform, visit http://www.usccb.org/healthcare.
http://coloradoindependent.com/41285/catholic-pastors-directed-to-distribute-anti-health-reform-materials-at-mass
We all knew they were going to do the busing thing. The church network makes that much easier to accomplish. Progressives should figure out a way to do it, too – I say that every time and every time people exclaim “they are busing voters!” Yes, so should we be, also, too.
At some point, the United States Supreme Court is going to have to step in the muck and reinforce the laws on the books. Keep religion out of our government and, stop these political hacks from breaking all the rules, making stuff up and getting away with it.
Well, I am not surprised in the least. Leave it to Scarah and her pals to seek the most minuscule legal or tax loop whole to plow through.
In my opinion this robo call is the same as voter tampering, along with the tea baggers accosting and intimidating voters going to the booths.
Question for Exbg……do robo calls have to be registered before being released on the public?
I’d also encourage every citizen who received one of those robo calls or the mailed election info to CALL and COMPLAIN. It’s only the annoying squeaky wheel irate homeowner that gets attention. Go ahead, Squawk about it. Don’t let religions, churches and political groups break or bend the rules! If anything close the damn holes so they can’t abuse the system.
In my mind, on one hand they want to take advantage of tax free organizations as much as they can, but at the same time on the other hand they would probably love for them to be shut out of the government tax sheltering, but of course only after or even because of their ability to abuse them. It’s like a win/win risk for them to play with crossing the lines. I hate how they love to blur the lines and abuse law.
So file your complaints! Use your voice.
as it’s already been said…what else is new?!?!? does palin do ANYTHING that’s not questionable? …I swear!
I thought separation of church and state was already mentioned SOMEWHERE…that phrase wasn’t just pulled out of thin air!
It’s really starting to bug the sh*t outta me that she’s even allowed to speak anymore. She quit her position. She has nothing to add. All she does is addle and stir the religious zealots. I don’t care who you pray to in order to find peace. Really. But I INSIST that you keep your God to yourself and out of my government! (the figurative “you” here…. as well as directly referencing Stupid Palin)
Are we all happy with our government? Of course not. It’s a system and most systems that are corrupted are junk. The answer is not a robocall from an unethical, amoral, loser, quitter, half-term lying sack of turd to try and make people think that religion will fix government!
AARRRRRRRGGGGHHHH!!!!!
someone pass me an adult beverage.
Not bad for my very FIRST post at Mudflats, eh? LOL…
For those of you who actually read that whole thing…or just skimmed it…or paid ANY attention to it…THANK YOU!
For those of you questioning what’s next, well, I hope to have an answer to that also, too.
I sent an email to the VA Board of Elections and asked them to look into the legality of those calls, since “how” FFC obtained the names to robo-call – using voting records – may be the “felonious” part.
UNFORTUNATELY…no matter how you look at it, from a practical standpoint SP can just say she only recorded that message as a favor to the FFC, that she had no idea who would be called or how the names were obtained…yada, yada, yada. We all know the “drill baby drill” by now.
BUT, it does call into question (again) her ability to make good judgments and decisions about whom she works with. And that has to count for something, right? (Even if it’s just to add to our mounting disbelief as to HOW she keeps getting away with the craziness?)
As for what could happen if it’s found that FFC did engage in felonious activity…it all depends on what (if anything) they’d be found “guilty of.”
Punishments range from Class 1 Misdemeanors to a Class 5 felony.
I’ve already sent a copy of the email I’d sent to the election board onto AKM and will keep everyone posted just as soon as (if and when) I find out something.
Question for Exbg……do robo calls have to be registered before being released on the public?
In addition to my above question, it seems they should HAVE to be approved before being released. Because like a poster above said, the horse is already out of the barn.
History has a habit of repeating itself in the Palin click….she’s such a loser of a rogue; if she had brains she’d be dangerous.
Ahhhh, another leak springs in the mother ship and this is only Tuesday.
Until they pistachio up and react to her “using a winning candidate to hitch up with” shenanigans, she’s probably working on her next project.
Winkys back in town!!
Having worked for a non-profit for almost a decade, I know that the good ones follow the IRS rules for non-profits closely. It is not worth losing your status. I worked for a 501(c)3 and I realize that the rules for a 501(c)4 are different, but the underlying idea of following the rules is the same. This definitely sounds as if Palin and VFFC are skirting, and likely going over, the line of legality. I do hope that the IRS audits them deeply!
I read this morning that she made the same robocall to people in New Jersey, saying the same thing, vote for Sarah’s values, blah, blah, blah.
Great article and video of the night of the concession speech and how Mcain staffers pulled the plug on SP to prevent her speech…
http://www.huffingtonpost.com/2009/11/03/sarah-from-alaska-book-mc_n_343660.html
Really quite amazing research, my compliments. Well done on researching, digging into things, and examining the law in far off Virginia (from Alaska). Keep up the great work.
Martha @20, regarding bussing in voters….
From what I read, they were not just bussing in voters, they were bussing in people to harrass voters…..some calling Democrats baby killers,etc.
We really don’t want to do that. They are over the line and almost acting like the Taliban in Afganistan.
Ripley…………I am with you.
Vote for Sarah’s values? Honest to Gawd. She really thinks this is about HER.
Once again I say, read the definition of NPD and you will say, BINGO!
I’m getting really pissed too. I want those dam* emails.
It is now official that Sarah Palin has infected national politics with STDs. In the New York 23rd and, particularly, in Virginia, the “fussy hussy” have spread onerous amounts of “Sarah-transmitted disinformation.” She is getting lower than any “lowest common denominator” of which we could conceive.
Ok, so McDonnel won… if they find out that her calls were illegal, can they strip him?
ExBg, thank you for such an indepth tour and explanation of the robocall realm and the FFC. I hope the IRS looks into this. It seems a lot of Palin’s follies, schemes, affiliations, and actions call into question IRS and/or campaign election ethic issues. Will anyone press this?
@ Martha (19):
I am in Denver, and although I am not Catholic, I have heard from friends that this is “preached” from the pulpit. Catholics I know are not happy about this; one confronted her parish priest and asked how many without insurance he was willing to sacrifice in order to make a point about abortion? She kept hammering: what about Jesus’ exhortation to take care of the poor? the ill? He had nothing to say– and she was congratulated by other parishioners. No one seems to know where the wording on the pamphlets originated.
Congrats on the great research– I hope the state of VA or the IRS decide to investigate the financial records of FFC.
Well done on your investigative reporting! Too bad the actual mainstream press are not (and will not) reporting on this. Because freedom of the press apparently doesn’t include actually executing the responsibility that comes with said freedom.
The surprise factor here is of course, ZERO. Anything Sarah Palin is involved in is bound to be illegal.
Once again, a blogger has done the investigative digging that the “real” media has not. Excellent journalism, AKM, and thank you for it.
To my mind, the real question is which candidate or politcal chair obtained those records and handed over to the group that made the calls?
It looks as if there was some stealth collusion on the part of McDonnell’s campaign – “Sarah help me? Thanks but no thanks (big conspiratorial wink).” Not at all surprising given his background and backers. Sarah is window dressing and a very effective cheerleader, but in a way I see her as a diversion deliberately dangled in front of us. We focus on her and don’t look behind the curtain to see who is really pulling the levers.
Good research, ExBG.
“Those who get such access must sign a statement agreeing not to share the data with anyone else. Violation of the law is a felony.”
I believe that second sentence is the reason that so many non-violent violations of the law are ignored: Does anyone really want to send someone to prison for sharing that list? Writing laws with a “stone the bastards” attitude is counterproductive. If the violation were also prosecutable as a misdemeanor, and punishable with not just a slap on the wrist but a poke in the nose, say, respectable fines for the individual and the party involved plus barring the individual(s) involved from political party and PAC involvement, there would be a reasonable chance of finding a prosecutor willing to pursue the issue. With that felony clause, and no overt harm to the public or significant public outcry, this is sure to end up under the rug. And the same thing will happen next election… and the next…
Was in Political Carnival and got linked back to Mudflats.
Cool.
Now I gotta read the article.
Legal or not, Virginia has a new Governor and his name is McDonnell.
http://www.huffingtonpost.com/2009/11/03/virginia-governors-race-2_n_344576.html
Palin related news: here is an actual quote from:
http://www.foxnews.com/politics/2009/11/03/new-book-seeks-debunk-myths-palin/?test=latestnews
“Sarah From Alaska: The Sudden Rise and Brutal Education of a New Conservative Superstar” was authored by CBS News reporter Scott Conroy and former Fox News producer Shushannah Walshe, who covered Palin on the vice presidential campaign trail last year.
The book was released Tuesday — almost one year after Barack Obama and Joe Biden defeated John McCain and Palin, and weeks before the former Alaska governor releases her autobiography, “Going Rouge: An American Nightmare.”
Yes, Fox News thinks her autobiography is “Going Rouge: An American Nightmare.” Quick click the link and see for yourself before they catch their mistake and fix it! I took a screen shot for posterity
Congrat Virginia. My reaction?
Dear John,
I would just like to say way to -f- up America John! Select that backwoods dimwit without vetting her & then let her try to be all mevericky and turn America into some 3rd world insane Christian loonie nation and turning the GOP into some cluster -f- of a wingnut anti every f-ing thing country. Way to go John. Be assured I will never vote for any effing thing with an R anywhere near it. You must be a real sick puppy to have picked that nutball out of the crowd. Yeah, live with that one John. Ya’ Scumbag.
To moderation, again. UGH
Lots of verbiage but there are two key nuggets to all of this; the rest is useless reading:
1) The calls do not include an explicit appeal to vote for McDonnell, according to Sen. Martin, because his organization is prohibited as a 501(c)(4) organization from making a direct appeal for the election of a particular candidate.
AHA! So no we learn that FFC is a 501(c)4 organization and supposedly can’t endorse a “particular candidate,” but what exactly is a 501(c)4?
According to the IRS, a 501(c)(4) is a nonprofit dedicated to Civic Leagues, Social Welfare Organizations, and Local Associations of Employees: (http://www.irs.gov/pub/irs-pdf/p557.pdf, page 46):
To qualify for exemption under section 501(c)(4), the organization’s net earnings must be devoted only to charitable, educational, or recreational purposes. In addition, no part of the organization’s net earnings may benefit any private shareholder or individual.
Additionally:
[…] social welfare “does not include direct or indirect participation or intervention in political campaigns on behalf of or in opposition to any candidate for public office.
OK, so FFC really is not legally permitted to endorse a specific candidate. And, to be fair, in her robo-call, Mrs. Palin, on behalf of FFC, didn’t exactly say the name of any particular candidate or indicate she (or they) represents any particular party. But that doesn’t mean that FFC is apolitical, as evidenced by their website. And that in itself may be “illegal” for a “nonprofit.”
2) Apparently, according to state law:
[…] lists of people who voted in elections can be released only to candidates, elected officials and political party chairmen. Those who get such access must sign a statement agreeing not to share the data with anyone else. Violation of the law is a felony.
As Artie Johnston used to say “Vedy interesting. Vedy interesting indeed>”
@ #43
Excellent catch ChiCat! LMFAO
@Ripley in CT
…But I INSIST that you keep your God to yourself and out of my government! (the figurative “you” here…. as well as directly referencing Stupid Palin)
Are we all happy with our government? Of course not. It’s a system and most systems that are corrupted are junk. The answer is not a robocall from an unethical, amoral, loser, quitter, half-term lying sack of turd to try and make people think that religion will fix government!
AARRRRRRRGGGGHHHH!!!!! …
—————–
hey palin!….can you say “Taliban”? What the h*** is the difference? I agree, keep ANY religion OUT of government!!!
Chicat #43
Excellent catch. And here is another § :
“The authors said they faced intimidation tactics from Palin aimed as driving them out of the state as they worked on the book.”
In the excerpt published at CBS
“John McCain wanted desperately to become the nation’s next president, but not at the expense of facing the inevitable accusations of racial exploitation if he made Wright an issue. She knew quite well about the decree that he had months earlier laid out to everyone involved in the campaign: no one was to touch the controversy. Still, Palin could not understand why she should be held to the rule.
“I just don’t want to go back to Alaska,” she said in an offhanded comment that would later seem prescient.”
Alaskans really were taken for a ride !
35 Ripley in CT Says:
November 3rd, 2009 at 5:03 PM
Ok, so McDonnel won… if they find out that her calls were illegal, can they strip him?
He was already well ahead of a very unimpressive opponent so its kind of moot.
They can trace the source of the illegal release and prosecute.
We, lowly citizens, aka voting units, are supposed to have the protection of a “secret” ballot. Unfortunately the SCOTUS said that the voter lists from primaries are the property of the party and so can be dissiminated (sold) at will.
Guess what, if you voted in a Dim primary, you are probably a Dim, so its a safe bet you vote for Dims in the main election. That’s one way that they can target.
I wish I had hair extensions so I could rip them out.
I must go into hibernation -soon!
Wow! I really like how your mind works. Your peeling away the layers of lies is amazing. Fun and informative read. Thanks!
Chicat………..OMG…..most excellent. Great that you got a screen shot. I need one too. This could be useful.
Ohhh! ChiCat! Too funny! I hope Jason Linkens caught it! Nice catch!
(Sorry… I know…OT).
Anyone notice that there are TWO…count ‘em 2…Bill Sizemores? VERY important…and a great article to launch off from with that lead. These people think they are Teflon, but they are a sticky web.
10 lilly Says:
November 3rd, 2009 at 2:56 PM
Didn’t Palin tell voters in some state or other to be sure to go to the polls to vote on Wed. The day after the national election last year?
She nothing if not scatty brained.
Yes.
And her phone your Congress person day, a couple of weeks ago, was timed for a federal holiday.
Sarah doesn’t study, doesn’t read, but she is determined and has found a huge sugar daddy in the rich far right Christian churches.
Very interesting. It certainly seems like the Elections Board should be interested in at least two apparent violations of the law regarding lists of who voted.
Also, too, perhaps the IRS might examine the 501(c)4 status of these groups. I’m pretty sure non-profits are supposed to not violate the law.
ChiCat…..
It’s still there…..lol………lol She tried to “drive them out of the state??….lol….lol
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
The book was released Tuesday — almost one year after Barack Obama and Joe Biden defeated John McCain and Palin, and weeks before the former Alaska governor releases her autobiography, “Going Rouge: An American Nightmare.”
“It’s the good, the bad and the ugly,” Walshe told FoxNews.com. “Everything is there.
To tell their story, Conroy and Walshe drew on their experiences as campaign reporters and conducted interviews with key sources, including Palin’s parents, Republican aides and strategists and former McCain campaign staff.
The authors said they faced intimidation tactics from Palin aimed as driving them out of the state as they worked on the book.
http://www.foxnews.com/politics/2009/11/03/new-book-seeks-debunk-myths-palin/?test=latestnews
Even if they can’t strip him, if bad PR around illegal tactics connect Palin to his campaign….other candidates may think twice or three times before they allow her to pollute their campaign. She will strike again….even if she isn’t asked. Maybe some bad PR around Palin and his campaign will make some other candidates to say, Thanks but NO Thanks.
Also too, regarding the book about the campaign and Sarah saying she didn’t want to go back to Alaska…..I wonder if some of those people in Alaska who are protecting her will wise up when they read this book (or hear about it) and realize that she duped them and start talking.
With 21% of the vote in Bill Owens is leading Hoffman 51%-43%
Goes to show you can’t trust polls
love the Lawrence O’Donnell…another label for palin, other than his AK blogger one…he just called her ‘the late governor, sarah palin’. GUFFAW!
Lainey, I heard that and had to backtrack my DVR to make sure that is what he said. LOL! He said it.
On topic from the POV that it ties in to the gubanatorial races….
Lawrence ODonnell, in discussing the Republican gubanatorial wins with Howard Fineman, brought up the issue of governors in many states having fallen from grace as a direct result of the economy. Governors who previously had soaring approval ratings, only to lose those ratings, obstensibly due to the economy. Then, inexplicably, he mentions “the late Sarah Palin” as an example. How so Lawrence? (whom I adore!) Sarah Palin was a victim of her massive ego, poor leadership, probable personal problems, rumored criminal/legal issues… you name it. But, what she wasn’t a victim of is the ECONOMY! Aaaaarrrrgghhhhh!!!!!!
Excellent post ExBf, that was great connecting the dots work. Send to CREW?
And good job ChiCat, it was still showing up as “Going Rouge, An American Nightmare” when I checked.
Lainey @ 64/seattlefan @65,
If I hadn’t been so ticked that Lawrence gave SP cover for her low approvals at the time she quit, I would have been LMAO at his slip. I won’t go so far as to say “if only!” because I’m basically a nice person… but I will say that hopefully a Hoffman defeat will mean the death of her Fakebook career.
PS – who was the Mudpuppy who came up with “Fakebook?” I know I read it here first, but I can’t remember who to give credit.
Trisha, I emailed my screen shot to AKM, figuring that she may not see a comment here in time to see the error for herself.
(AKM, I hope your email security settings don’t send all messages with attachments to SPAM!)
Thank god I spent my evening at a wine tasting. I really can’t take anymore of this woman. Can’t she just go away? And it’s only going to get worse with the win of the two Repub governors, the book coming out, and the Oprah interview. What did we do to deserve Sarah Paylin??? Make it stop before I suffer liver damage…
@txindygirl
I won’t go so far as to say “if only!” because I’m basically a nice person… but I will say that hopefully a Hoffman defeat will mean the death of her Fakebook career.
————
I’m keeping my fingers crossed on your second point…like you, I’m basically a nice person, but a political death is as good as any when it comes to her.
Great post. I love it! Bottom line?
No one will ever prosecute? Why? Wednesday.
On Wednesday no one (D or R) will care.
It is too bad that politicians continue to exempt themselves from Do Not Call law.
StopPoliticalCalls.org is fighting for the privacy of the American voter.
1 – Creating a Political Do Not Call Registry
2 – Testifying in the US Senate about robo calls (Sen. Feinstein’s Robocall Privacy Act)
3 – Forcing states to enforce existing robo call laws (CA, MN, NJ, etc..)
4 – Getting politicians to take a do not robo call pledge (7 have)
Here is a quote from a member recently:
“I’m a shift worker, working variable shifts. I depend on my sleep to be able to do my job safely and efficiently. I’m a locomotive engineer. Imagine the disaster were I to fall asleep, operating a freight train carrying hazardous materials in your neighborhood, due to fatigue from being awoken in my middle of the night on a continuous basis during election season. Please stop..”
Learn more.
Shaun Dakin
CEO
http://www.stoppoliticalcalls.org
A non-profit fighting for the privacy of the American voter
I was in moderation earlier, so some of you may have missed my reply.
I have sent an email to the VA Board of Elections and have asked them to investigate this. As soon as I know anything, I’ll let everyone here know.
But I don’t intend to let go of this and will forward my findings onto CREW and ask them to look into this also. I can also contact the IRS and ask them to look into the FFC’s financing.
Thanks to Sauerkraut’s synopsis, something I hadn’t considered earlier jumped out at me:
In addition, [b]no part of the organization’s net earnings may benefit any[/b] private shareholder or [b]individual.[/b]
This makes me wonder if and how SP got paid for her “help” and raises additional questions about whether the FFC is operating within their legal limits as a non-profit.
I also have been looking to see if political robocalls must be registered before being made, but so far I haven’t found anything in the regs to indicate calls must be registered (or where such calls would need to be registered). BUT I’m still looking for info which would confirm or disprove this. Again, I’ll let you know if I find anything.
Thanks for the warm welcome everyone!
@79 exbg – Good job!!!
sorry to be OT – EXCITING NEWS – Hoffman CONCEDED Ny-23 – DEMOCRAT WON!!!! Thank you Scarah!
exbg- Thanks for your work on this. As usual Palin works just over the legal line.
I hope there is an investigation and more people hear her name associated with this possibly illegal activity.
Political campaigns/organizations with deep pockets can get away with this stuff because they have the money to drag it out in court. I remember during the 2004 election (I think it was 2004 might have been 2000) they caught someone working for the Bush campaign flooding/disabling the democratic phone lines for rides to the polls. They were initially found guilty, but then the national republican party helped to finance the appeal and got it overturned. This happened in NH.
A felony? Wow. At the very least, this particular non-profit stands to lose their standing as a non-profit. And whoever leaked that information should be held accountable.
Even if SP didn’t pull strings to get the lists, isn’t it amazing that she’s in the middle of an ethical and legal scandal when it’s not even in her state? How does she do it?
That’s our $arah……..
“Coloring outside the lines again!” Way to go! Rules are for other people, NOT Mavericks!
Did anyone else catch it when Ed Schultz said something about Palin showing up in NY-23? It seems that he thought she actually was on the ground – disappoints me that he didn’t do his homework.
I’m sure she is absolutely irate and won’t take this one defeat lying down, so watch for her to come out blasting. One of the articles did mention that Hoffman was already complaining about ACORN, so watch for further on that issue.
Great job exBG and welcome to the Mudflats! Great idea to email the elections board, and definitely involve CREW.
And now that we can all sleep a bit better with Owens elected, I’m off to bed! Thanks to all for the continued updates throughout the evening.
I just wanted to repost these comments from above, because they made me laugh. You two are quite funny!!
70 laprofesora Says:
Thank god I spent my evening at a wine tasting. I really can’t take anymore of this woman….Make it stop before I suffer liver damage…
54 Paula Says:
I wish I had hair extensions so I could rip them out.
Excellent sleuthing, ExBg!
The silver lining is that most people abhor robocalls and hang up within a couple of seconds. Palin’s obsequious fans would stay on the line, of course, to hear her full message but their votes were never in question anyway, eh?
Oh, the next financial disclosure record released by SarahPAC covering this election cycle will be SO MUCH FUN!
Can’t wait to see to which ‘groups’ and ‘individuals’ money has been given.
Wow, that’s pretty amazing. Here I was thinking she just didn’t mention the candidate’s name in the calls because he didn’t want her involved in his campaign. She does have a knack for making a mess wherever she goes doesn’t she? By now you would think others would run when they see her coming…
Read Daniel Ellsberg’s article on Truthout.org – “Obama Fears Military Revolt”
He compairs this with the Vietnam war that could not be ended, largely becasue we were in a state of war. The dynamics of being a war state made stoping the war a virtual impossibility.
Obama’s in the same fix, that puts the Secretary of State the same bind.
And of course in both wars the Republicans want the war to continue, so Congress can’t and won’t defund the war.