Obama Violates New Hampshire Robocall Laws
By SusanUnPC on January 6, 2008 at 7:34 PM in Clinton, Obama, Presidential Candidates
The New Hampshire laws that the Obama campaign is violating include:
- sending “robocalls” to “do not call” numbers, and
- failing to identify its sponsor (Obama) until 38 seconds into the call (New Hampshire law requires identification within the first 30 seconds).
[UPDATE: Taylor Marsh has nitty gritty on the laws, and more.]
The fine? $5,000 per violation. Here’s the audio of the call (transcript below). The robocall is, of course, a smear on Sen. Hillary Clinton. I have to ask: Why an attack at this point? Isn’t his bounce sufficient?
Time magazine reports that “[t]he Clinton campaign is holding a conference call this evening to discuss the legal issues associated with the Obama campaign’s illegal activity with Kathy Sullivan and Howard Wolfson.”
There are two legal questions associated with the Obama campaign’s robocall.
1. The Obama campaign delivered this robocall to people on the do-not-call list. The Concord Monitor reported that it was “illegal under state law to send prerecorded political messages to those on the do-not-call list,” after such calls were used against Rep. Paul Hodes in 2006. In response the New Hampshire Democratic Party said that it would be “prepared and ready to pursue any legal course of action necessary to protect the people of New Hampshire from illegal activities.” [Concord Monitor, 11/6/06]
2. The call does not identify its sponsor — the Obama campaign — for 38 seconds. State law requires the sponsor to be named within 30 seconds. The robocall implies that it is sponsored by Planned Parenthood Northern New England. [RSA 664:14]
Here is the call transcript:
“Hi this is Wendy Frosh, chair of the board of Planned Parenthood in Northern New England. As people have begun to rally around Barack Obama’s call for change, the (inaudible) attacks have begun. He was a (inaudible) activist in reproductive rights for more than 20 years, I know the facts. Barack has a 100% pro-choice record and has always been a champion for women’s rights. Hillary Clinton’s last minute smears won’t protect the right to choose. But as president, Barack Obama will. Please join me in supporting Barack Obama this Tuesday. Thank you. Paid for by Obama for America.”
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By Sarah Palin (Release date: November 17. 2009)
And I think they trash Hillary signs too. They are a nasty campaign and this being America it will probably work. This lifelong Democrat may end up on the Bloomberg Band Wagon.
But Barack is a man of hope, and man who wants to bring all of us together??? Why would his campaign do something illegal like this?!
Who is the company providing these services? Anyone?
The same one that placed calls to the WH during the last cycle?
A new kind of election law violation.
Barack Hussein Obama is a phoney and a liar. Ugh I cannot believe the stupid people in my country that are voting for someone that will ghettotize America.
Ooooooooh. The violent and racist clown is back.
ghettotize America
Where you been? What? Sad.
That’s not allowed here. Go somewhere else to peddle that stuff.
I looked this up too. Now we’re getting back into noise territory. This tactic won’t work.
In the Obama campaign call, Wendy Frosh, chair of the board of Planned Parenthood in Northern New England, said Obama “has a 100 percent pro- choice record and has always been a champion for women’s rights.”
“Hillary Clinton’s last-minute smears won’t protect the right to choose, but as president Barack Obama will,” she says in the message.
Obama advisers acknowledged they were behind the calls, but did not immediately respond to questions about how many were made or to whom.
The Clinton campaign released a statement from former New Hampshire state Rep. Sandy Keans, who said she received one of the calls. The campaign said the call didn’t say it was sponsored by the Obama campaign until 38 seconds in, though state law requires such identification within 30 seconds.
I was trying to figure if there ia a 527 issue in play here. Was it PPH or Obamas campaign paid for the list and bot calls… It is issue orientated from a 2nd party but “they” (Obamas campaign) were behind it. I am not from NH so I am not familar with what laws apply but it seems fishy.
Josh Marshall will certainly swing into action to investigate this illegality. Or, maybe not, considering his reporting of late.
The calls are not illegal.
RSA 664 is the chapter of NH state law which covers automated calls by political campaigns. However, the heading of the chapter states clearly:
“664:1 Applicability of Chapter. The provisions of this chapter shall apply to all state primary, general and special elections, but shall not apply to presidential preference primaries.”
That exemption is pretty clear.
Link: http://www.sos.nh.gov/rsa664.htm
While I don’t comprehend the vagueries of New Hampshire state law when it says “but shall not apply to presidential preference primaries.”, I due think spliting legal hairs and not following the spirit of the law is clear.
XVII. “Push-polling” means:
(a) Calling voters on behalf of, in support of, or in opposition to, any candidate for public office by telephone; and
(b) Asking questions relative to opposing candidates for public office which state, imply, or convey information about the candidates character, status, or political stance or record; and
(c) Conducting such calling in a manner which is likely to be construed by the voter to be a survey or poll to gather statistical data for entities or organizations which are acting independent of any particular political party, candidate, or interest group
Any New Hampshire lawyers out there that know which provisions do apply to “presidential preference primaries”?
New Hampster, save me a seat.
Chicago politics come to town. I have know too many salesmen to not know a slick talker when I meet one. From the text of the message, it looks like a deliberate effort to try to make it appear as if Planned Parenthood was calling.
I am beginning to retch every time I hear the word “hope”. I will not vote for this poser DINO. I will never vote for a candidate that Chris Matthews and Tim Russert and the Beltway Boys have endorsed, period. I trust the media even less than I trust Republicans.
Vendors name?
our vendor has assured us that he scrubbed the list for people on the Do Not Call registry
http://blogs.wsj.com/washwire/2008/01/06/clinton-calls-foul-over-robo-calls/
Hi, Did you get the name of the vendor who did the Robo calls?
Not yet.
I just read through the text of the link Chas gave us and it appears to me the calls are not illegal. Not only does the statute provide an exemption for presidential primaries, but this call does not qualify as “push polling”. It was a recorded call — a one-way communication — not a push poll, which seeks out responses by way of manipulative questions.
I hate robo calls. I find their annoyance unacceptable. I even received one from a friend of mine who ran for office last November, which pissed me off.
But “annoying” does not translate into “illegal”.
It seems to me the only violation these calls may have made is indentifying themselves after 38 seconds, instead of 30. But that really does seem like hair-splitting.
I’d appreciate hearing from a lawyer who deals with campaign law on this issue. Until then, it may smell like smoke, but deosn’t look like fire. Not to me.
Lots of panicking going on in New Hampshire. They don’t call it the silly season for nothing.
Thanks Shoephone. Still would like find the vendor.
TWK - that’s the part that always raises my hackles: the so-called “vendors” who sell our telephone numbers! So glad I have Caller I.D. but the voice mail still picks up the annoying robo calls.
This tactic is going to be prevalent, and I really dislike them as well. Phone jamming here we come.
Thanks for bringing this discussion back down to earth. Assuming it really was Obama’s organization that did this (which seems likely, I just haven’t seen direct evidence of their involvement), then they’re mostly guilty of being late on ID’ing themselves. (If it actually wasn’t Obama’s campaign, someone else may be in big trouble).
Being on the “do not call” list doesn’t get you off the political robocall list in most states. It doesn’t out here in WA. I get the things every year around election time. The federal law makes exceptions for politicians. I don’t know if a state law can override that or not.
While we’re on the “down to earth” thing, though, just getting a 100% voting approval record from Planned Parenthood isn’t quite the acheivement it used to be. Joe “Short Ride” Lieberman earned one in 2006.
I’ve been a planned parenthood supporter for as long as I can remember. I give every year to the National Federation (legislative work) and to NYC Planned Parenthood (on the ground aid). I am tired of their sorry excuse for advocacy. Present in illinois shouldn’t be an option. It’s one thing to excuse representative from S. Dakota but enough is enough. By the way Biden voted in favor of the Partial Birth Abortion act, making it impossible for me to support him. In any case I called PP tonight (1-800-798-7092) and told them I would no longer be supporting them because of their invovlement with the Obama campaign. I will support our local chapter and put the money I put nationally to the local clinics.
for me one of the key issues about obama that should scare the sh*t out of everyone is how the lamestream media and the establishment anointed this guy who had a whopping 2 years in the congress as a major pres. candidate.
to me that means that they think he is totally on board with their corporate agenda, otherwise they wouldn’t back him.
scary.
in thinking about obama the last few days, a couple of things come to mind.
1. much of his support is from people for whom this is their first campaign. national politics can be intoxicating the first time around, esp. w/ a charismatic candidate. the problem of folks here is, as the saying goes: “this ain’t my first rodeo”. ie, we have multiple pres. elections under our belt.
2. a nickname for obama is the “cotton candy man.” tastes great, not a lot of substance.
Really…..this is the Manchurian Candidate come to life. All empty, vaguely bland affirmations empowered by some terrible forces……not that the Republifascists aren’t, but Barack really should know better.
seems fake. everyone knows hillary is pro choice. the ad makes no sense.
The biggest problem with Obama’s robocalls is the fact that Wendy Frosh used her status as the board chair for PP of NNE to participate in this ad. She did not disclose she was also a member of Obama’s campaign. I believe the PP of NNE is the not for profit arm of Planned Parenthood. Frosh public endorsement of Obama puts the tax exempt status of the organization at risk. She used her status as chair to lend credibiltiy in this radio attack to leave the impression that Planned Parenthood was supporting Obama and willing to attack Clinton. Tax exempt organizations are allowed to advocate for issues they are NOT allowed to endorse candidates. Federal tax laws prevents such organizations from doing so. Frosh and Obama’s campaign blurred ethical and legal distinctions. Obama’s campaign paid for the ad so no PP PAC money was involved. Frosh has apologized for any misunderstanding and the President of NNE Planned Parenthood stated that Ms. Frosh was acting as an individual,not on behalf of the organization. Ms. Frosh has also taken a leave of absence from the board. My main concern is the disregard with which Ms. Frosh and Obama’s campaign used Planned Parenthood knowing that it could put the organization in political and legal jeopardy. Check out: http://news.usti.net/home/news/cn/email/?/usa.gov.politics/2/wed/cy/Aclinton-obama-abortion.RP8a_IJ6.html
Thats what peaked my curiousity.
The robo calls should be followed up- faast. Where is TalkingPointsMemo this?
Mr. Democracy really is getting a free pass from the MSM. His prior voting record is not questioned, or followed up, as today on CNBC one of Obama’s spokesmen avoided answering why Obama voted for the Patriot Act and no further question was asked. Ridiculous, as was his denail about Obama’s lobbyists and no one has called him out on this and challenged Obama’s untruthful assertions.
We are living through a bandwagon with a hope message that has been playing dirty and gliding over questionable voting patterns. No one seems to be doing any real thinking.
Obama is a phoney! He is repeating all the talking points that Edwards had all along. Obama voted for the Peru Trade Deal. He was taking money from Lobbyists in his State. He has not been frank about any issues. When he talks to Republicans they love him because he says what you want to hear and they hope he wins the primary so they have a chance to elect a Republican. He has no principles and will not stand behind any issues. At least Hillary is up front but Obama is false. Edwards is the true populist and is also up front. It makes me wonder if Obama is straight about any issues including his religeon. Did he become a Christian for political convenience? He was born in Hawaii (a technicality) and was raised in Malaysia and went to a Moslem Sharia School there. I consider Obama a “Glad Hander” and a phoney plagerist and opportunist. He is an inspirational speaker that fools a lot of people but I beleive he cannot be trusted. I don’t think he is what he says he is. Voters should look at his voting record and his pandering to big business and special interests.
I am suspicious that the Republicans are setting this up for Obama to win so they will be guaranteed to get a Republican in. If Obama is on any part of the ticket the Democrats will loose!! Look who the Media covers and who controls the Media? The Republicans have been pushing for Obama so much on their talk shows but they don’t want him on their ballot. I think they are involved and that they controlled the Iowa Primary and its results!!!
[...] Robocalling is completely unacceptable. If this was done purposely, it’s inexcusable. If it was done accidentally there are no accidents in politics at this level. Democrats don’t like when Republicans do it to them. Democrats therefore should not do it to each other. Note also that this process is illegal in some states, and Obama’s calls [courtesy of Meyer] were found to violate New Hampshire law. [...]
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