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Dems' Complaint Calls GOP Mailing Illegal - AP

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WillyT Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Oct-07-04 02:21 PM
Original message
Dems' Complaint Calls GOP Mailing Illegal - AP
<snip>

ATLANTA - Georgia Democrats say a campaign mailer sent out by their Republican counterparts broke state law by attaching absentee ballots to literature urging voters to support the GOP.

In a letter Tuesday to the state Elections Board, Democratic Party of Georgia Chairman Bobby Kahn said the mailer - sent to Republican voters by the state Republican Party - violates a law created by the Legislature in 2001. He asked the board to fine the state Republican Party up to $5,000 for each of the hundreds of thousands of mailings.

The mass mailing contained an absentee ballot along with pictures of President Bush and U.S. Senate candidate Johnny Isakson. It reads: "Vote by mail and help President George W. Bush, U.S. Senate candidate Johnny Isakson and all of the other Georgia Republican candidates win in November."

State law, passed in 2001, forbids anyone from distributing absentee ballots that also advocate for or against a candidate, issue or party.

<snip>

Link: http://www.macon.com/mld/macon/news/local/states/georgia/counties/houston_peach/9851556.htm

Law, Schmaw... we're rePublicans, and we don't heed no stinking statutes!!!

:wtf:


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soothsayer Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Oct-07-04 02:23 PM
Response to Original message
1. that hefty fine will help the economy! way to go, pubs! n/t
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Steelangel Donating Member (731 posts) Send PM | Profile | Ignore Thu Oct-07-04 06:48 PM
Response to Reply #1
18. *kick* Done with LAtimes & CBS
Edited on Thu Oct-07-04 06:49 PM by Steelangel
I wonder what next to contact...

Edit: oops, I clicked wrong reply
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Bandit Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Oct-07-04 02:25 PM
Response to Original message
2. And the state election board is controlled by who????????
Don't anyone hold their breath waiting for any discipline to happen.
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WillyT Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Oct-07-04 02:27 PM
Response to Reply #2
4. Yeah... And The FEC Is A Paper Tiger Too !!!
We're gonna just have to outvote them, eh???

:shrug:
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Steelangel Donating Member (731 posts) Send PM | Profile | Ignore Thu Oct-07-04 02:27 PM
Response to Reply #2
5. I wonder about that as well
hopefully someone will stand up and do something about it
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Freddie Stubbs Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Oct-07-04 03:48 PM
Response to Reply #2
12. The Democratic Secretary of State
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Steelangel Donating Member (731 posts) Send PM | Profile | Ignore Thu Oct-07-04 02:26 PM
Response to Original message
3. I sure hope that they will do something about these repukes
After all repukes whined about Moore and his 'underwears' and ordered a arrest on him.

Arrest these repukes or fine them!
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WillyT Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Oct-07-04 02:28 PM
Response to Reply #3
6. Great Point !!! - And Welcome To DU !!!
:toast::yourock::toast:

:hi:
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crossroads Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Oct-07-04 02:38 PM
Response to Reply #3
9. Hear Hear!!! n/t
:dem:
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w4rma Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Oct-07-04 02:33 PM
Response to Original message
7. That is a huge fine and it also appears to be an airtight case (nt)
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expatriot Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Oct-07-04 02:35 PM
Response to Original message
8. I don't understand.... I thought ballots were mailed out by the county
elections department. How can parties mail out actual ballots?

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davidinalameda Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Oct-07-04 03:41 PM
Response to Reply #8
10. good point
Edited on Thu Oct-07-04 03:42 PM by dwickham
were they applications for absentee ballots and not the ballots themselves

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onehandle Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Oct-07-04 03:44 PM
Response to Original message
11. I got that in the mail!
I knew that had to be wrong in some way. Get those bastards!
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MGKrebs Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Oct-07-04 04:35 PM
Response to Original message
13. It was an absentee ballot application.
Here's the email and letter Bobby Kahn sent:

Dear Democrats:
The Georgia Republican Party has been illegally sending absentee ballot applications that are attached to political advertising. Georgia law very clearly states that this is illegal. And, according to their financial disclosure, the Georgia GOP has been willing to spend at least $140,000 on this illegal activity.

We need your help. Please send this to you friends and to your listservs. Please write letters to your local papers. Please tell folks that the Georgia Republican Party is obviously using illegal tactics to try and win the election. They knew they were breaking the law, they did it anyway, and they should be fined substantially.

The following is a letter Bobby Kahn sent October 5, 2004 to the Georgia State Election Board in regards to this serious elections violation by the Georgia Republican Party.


October 5, 2004

The Hon. Cathy Cox
Chair, State Election Board

Mrs. Frances S. Duncan
J. Randolph Evans, Esq.
Mrs. Eunice Mixon
David J. Worley, Esq.

Re: Major Violation of the Georgia Election Code by the Georgia Republican Party
Dear Members of the Georgia State Elections Board:
It has come to my attention that the Georgia Republican Party has committed a major violation of the Georgia Election Code. The Augusta Chronicle reported on Saturday, October 2, 2004 that the Georgia Republican Party has sent out a campaign mailing that combines political advertising with an absentee ballot application.

O.C.G.A. § 21-2-381 (a) (3) clearly makes this mailing illegal. It states: “No application for an official absentee ballot that is physically attached to a publication that advocates for or against a particular candidate, issue, political party, or political body shall be distributed by any person, entity, or organization.”

Our understanding is that this law was enacted by the General Assembly to specifically outlaw this activity after the Georgia Republican Party sent a similar mailing during the 2000 campaign. The Georgia Republican Party has specifically and deliberately chosen to ignore that statute. It is obvious that they will continue to engage in this illegal activity until the State Election Board sends them a message that seeking advantage by violating Georgia election law will not be tolerated. In fact, after being presented with the law by The Augusta Chronicle, Georgia Republican Party spokesman Marty Klein said they would continue doing this illegal behavior until told otherwise.

Per O.C.G.A. § 21-2-33.1 (a) (2), the State Election Board has the authority to fine the Georgia Republican Party up to $5,000 per violation, and we assert that each piece of mail sent to a voter is a separate violation. In addition, it is clear from the Georgia Republican Party Financial Disclosure for September 30, 2004, that they are investing heavily in this illegal activity, having spent $123,500 to mail the absentee ballot applications and $18,187 for auto calls regarding their mailing. This illegal mailing is a major violation of the Election Code, as indicated by both the likely number of pieces sent and its cost. Since the law was changed so recently as a result of their actions, they knew what they were doing was wrong. The integrity of our elections and the credibility of State Election Board demand a substantial penalty for this activity.

Thank you.

Sincerely,
Bobby Kahn
Chairman
Democratic Party of Georgia

cc: Linda W. Beazley
Director of Elections
Office of the Secretary of State
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Steelangel Donating Member (731 posts) Send PM | Profile | Ignore Thu Oct-07-04 06:40 PM
Response to Reply #13
17. I already contacted AP & CNN via emails about that
Edited on Thu Oct-07-04 06:41 PM by Steelangel
CBS and Latimes is next..
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MGKrebs Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Oct-07-04 09:28 PM
Response to Reply #13
19. BTW, here is one of the members of the election board;
J. RANDOLPH EVANS
Partner, Atlanta, Washington DC

Email  revans@xxxxxxxxxxx.com
Phone  1.404.527.xxxx    Fax  1.404.527.xxxx

In the political arena, Randy represents the current and former Speakers of the United States House of Representatives, Dennis Hastert and Newt Gingrich, respectively, as well as J.C. Watts, former Representative to the United States House of Representatives from Oklahoma. He also represents several current members and former members of Congress, as well as elected officials in Georgia.
http://www.mckennalong.com/attorney-profile-774.html


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chimpy the poopthrower Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Oct-07-04 06:15 PM
Response to Original message
14. Someone want to explain this bit of brilliance to me?
"(Georgia Republican Party spokesman Marty) Klein also said Republicans believe that federal law does not prohibit such mailings. He said federal law supersedes the state law."

So if a state law prohibits something and it's not also prohibited by federal law, the state law can just be ignored? If that were true, what would be the point of even having state laws? That is just about the dumbest thing I've ever heard. And Republicans call themselves the "state's rights" party!
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gcomeau Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Oct-07-04 06:23 PM
Response to Original message
15. Fun with math....
Edited on Thu Oct-07-04 06:24 PM by gcomeau
Let's assume "hundreds of thousands of mailings" means at LEAST 200,000 mailings

x $5,000 per mailing

== a bankrupt GOP to the tune of 1 BILLION dollars.

If only...

-Grant

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TroglodyteScholar Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Oct-07-04 06:28 PM
Response to Reply #15
16. Ahh...
...wouldn't that be sweet? But it'll never happen.
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iamjoy Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Oct-07-04 09:39 PM
Response to Original message
20. I Think Jeb's Doing It In Florida
the other day he sent me something encouraging me to vote absentee (with the request for an absentee ballot) and vote for Republicans. It makes me nauseous that he mentions the 537 votes.
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