
10-21-2008, 02:25 PM
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Emptywheel Vote-Caging by Division of Labor
I've been wading through the Republican response to the DNC/Obama lawsuit seeking to prevent the use of foreclosure lists on election day to challenge voters rights to vote. In their motions to dismiss the suit, they use the party structure--and division of labor--to deny wrong-doing. Their picture of a party that barely works with other levels of the party leaves one big unspoken presence, of course: the McCain campaign, which until Saturday had been shacking up with a foreclosure law firm.
As I said, the national, state, and county GOPs are basing much of their motions to dismiss on the division of labor within the Republican party. Here is the MI GOP version--though all three motions to dismiss have something similar.
Plaintiffs indiscriminately and persistently lump the national, state and county party committees into a single entity described as “Defendant Republicans.” Throughout the lengthy complaint, plaintiffs try to parlay a disputed quote from a county chairperson into an orchestrated national and statewide campaign to obstruct the upcoming election.
After making that kind of organization argument, the RNC notes that it doesn't have challengers--and the Democratic suit has not made the case that the MI or Macomb GOP provides challengers to the RNC--so it cannot be included in the suit.
The RNC does not have challengers of any kind and Plaintiffs have failed to allege any details that would constitute an agreement between the RNC and any party regarding poll challengers
So, the RNC argues, since there's no evidence of what relationship exists between the RNC and the local GOP regarding staffing of polling sites with challengers (note--the RNC doesn't deny there is such a relationship, only that the Democratic suit doesn't allege it), it can't be held responsible if challengers use foreclosure lists on election day.
The MI GOP adopts the RNC's reasons for dismissal, but makes an additional argument, relying on an affidavit from Saul Anuzis, head of the MI GOP. Anuzis states that the MI GOP "nor anyone acting with its knowledge or approval has obtained lists of persons or addresses subject to foreclosure notices of proceedings" and that it "has never considered making challenges to voters based on any foreclosure notices or proceedings, will not make any such challenges, and will not endorse, approve, or participate in any such challenges by other persons or organizations."
The MI GOP does, however, include what I consider an amazingly parsed statement--published in reporting on this story--from spokesperson Bill Nowling.
The Michigan Republican Party also won’t allow its challengers to use foreclosure lists, spokesman Bill Nowling said.
“What does a name on a foreclosure list tell us? Nothing,” Nowling said. “We go into the polling place with the qualified voter file and that is all.”
A person’s name and address on a foreclosure list doesn’t mean he or she has left the home, Nowling said. [my emphasis]
Note, Nowling denies that challengers will walk into a polling place with a foreclosure list. He does not deny that the GOP might have used foreclosure lists as one thing to use to select which people on the QVF they're going to challenge when they get in the room. This parsing is important given how James Carabelli addresses all this (the guy that started this all). Emptywheel Vote-Caging by Division of Labor
Looks like that debacle is over.
Interesting statement from the MRP.
Sounds like they openly admit it's a bad tactic.
But with the GOP "grass roots" efforts, the right hand doesn't always admit to the left hands actions...
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"As in a poker game where the chips were concentrated in fewer and fewer hands, the other fellows could stay in the game only by borrowing, when their credit ran out, the game stopped."
--Marriner S. Eccles, FDR's fed Chairman. (1951)
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