Why did Freddie Mac have to hire more lobbyists post-Gingrich?

Why did Freddie Mac need more lobbyists after Gingrich departed?

 

Newt Gingrich’s 2006 contract with Freddie Mac offers little direct information. The contract runs 15 pages. Services to be provided by Gingrich appear in “Exhibit 2.”

Here is the text from the page headed “Exhibit 2,” in its entirety:

Exhibit 2

“Consultant will provide consulting and related services as requested by Freddie Mac’s Director, Public Policy in exchange for which Freddie Mac will pay Consultant $25,000 per each full calendar month during which Consultant provides Services.”

 

The $25K-a-month question, of course, is what Gingrich did for Freddie Mac, and in particular whether his “consulting and related services” included lobbying. Gingrich has denied being a lobbyist. In Monday night’s GOP debate in Tampa he said he has “never” done any lobbying, repeating the “never.”

Tampa debate stage

When direct information on such questions is limited, one must find indirect information. Lobbying Disclosure, U.S. Clerk’s office, House of Representatives, confirms indirectly that the Federal Home Loan Mortgage Corporation (Freddie Mac) needed a bunch more lobbyists after it no longer had Gingrich Group as a consultancy.

Short chronology: The Gingrich Group worked for Freddie Mac from 1999 into 2007. The original contract from 1999, renewed through 2002, reportedly cannot be found, although one would think congressional investigation of Freddie and Fannie would turn it up. (Where is Issa when we really need him?) The now available Gingrich Group contract was signed in 2006 and reportedly was renewed in 2007.

Searching the U.S. House Disclosure site for registered lobbyists and their clients does not turn up the name Gingrich or the names of Gingrich’s companies.

Not much new there.

However, checking the Federal Home Loan Mortgage Corporation as a lobbying client yields a few hard numbers.

  • Freddie Mac filed client forms on its lobbying 81 times from 2004 to 2008, only once in 2004, most often in 2008
  • Freddie Mac filings increased in 2007 to 19, only mid-year and year-end
  • Freddie Mac filings increased in 2008 to 30, all quarters, with more individual lobbyists—new and former*

Thus for what it’s worth, Freddie needed significantly more lobbyists and more lobbying activity from some point in 2007. Freddie Mac had one lobbyist registered in 2004. In 2005, 2006 and 2007 it had respectively 8, 10 and 9 lobbyists. In 2008 it had 12 lobbyists, filing quarterly reports, which is a lot of activity.

As mentioned above, the 2007 filings for individual lobbyists for Freddie Mac are only for mid-year and year-end. It might be illuminating to know exactly when in 2007 Gingrich Group stopped working for Freddie Mac. The question, emailed to Gingrich’s campaign, has not yet been answered.

While I await response

The arguments here are obvious. Freddie Mac was in hot water getting hotter, and had a track record of poor document handling and of hiring more high-paid hired guns to get it out of trouble. So its growing contingent of lobbyists is explainable without reference to Gingrich.

On the other hand, it looks as though a gap opened up when the Gingrich Group and Freddie Mac parted ways. If the gap could be filled only by lobbyists, then Gingrich looks like a lobbyist.

 

This, be it noted, is the overwhelming probability anyway.

She said it too

 

Another search can be done on the lobbyist disclosure site, though only back to 2008. One can look up entities in the database by “Contribution.” Checking Freddie Mac in the Lobbying Contributions Search yields 22 filings for 2008: Again, significant activity. Nine individual lobbyists contributed services to Freddie Mac in 2008, some of the same names as on the other lobbying filings, plus a few additional.** Again, it looks as though Freddie Mac needed some extra lobbying in 2008.

Regrettably, we do not have documentation on lobbying ‘contributions’ before 2008. Regrettably also, the only Gingrich contract available is for 2006.

As with so many scandals, the superficial political scandal–Gingrich’s prevaricating–is dwarfed by the open scandal that a taxpayer-supported entity was hiring lobbyists in the first place. Fortunately, Freddie Mac filings for 2009, 2010, and 2012 are zero. Following its well-publicized difficulties, it was prohibited from lobbying, thus roping off one well-heeled potential client from the white-collar goon squads in Washington. Thus far one waits in vain for GOP debaters to mention this improvement.

None of the above should be construed as saying that Freddie Mac hired more lobbyists than did other megaliths. For comparison/perspective, Verizon company has 1,334 filings under Lobbying Disclosure going back to 2005.

One firm Verizon hired for lobbying is Wiley Rein & Fielding, the firm Gingrich hired to represent him during his unfortunate congressional ethics investigation. Gingrich has since heartily dissed Wiley Rein, faulting the firm’s work in his case.

Baran, Wiley Rein attorney for Gingrich

2006 was the year of most filings for Wiley Rein. Wiley Rein & Fielding is a bigtime lobbying firm every year, but 2006 was especially active. The lobbying database shows 912 filings for Wiley Rein & Fielding LLP:

118 in 2007

153 in 2008

164 in 2009

146 in 2010

148 in 2011

(183 in 2006)

 

btw Freddie Mac obligations can be used as collateral in Florida. Romney’s Freddie Mac-oriented attacks on Gingrich might not play in Florida, after all.

 

*2004 names, Freddie Mac lobbyists: Clarke Camper

2005 names: Rhod Shaw, Doyle Bartlett, Dwight Fettig, James E. Boland, Sarah Dumont, Richard Roberts, Lendell W. Porterfield, Chris Fox (8)

2006 names: Shaw, Boland, Bartlett, Timothy McBride, Fettig, Lawrence Romans, Andrew Lowenthal, Roberts, Dumont, Stephanie Silverman (10)

2007 names: Shaw, Boland, Bartlett, Fettig, Romans, Richard Roberts, Lowenthal, Dumont, Silverman (9)

2008 names: Virgil Griffin, Richard Tarplin, Jack S. Deuser, James E. Smith, Anne Urban, Shaw, Fettig, Romans, Bartlett, Boland, Porterfield, Roberts (12)

 

**Names: Robert Zimmer, Virgil Griffin, Kirsten Johnson-Obey (filed amended form 2009), Timothy McBride, David Lynch, Christopher Young, Brian Smith, Regina Shaw, Lisa Ledbetter (9)

2004 election revisited, part 6: Florida

2004 election revisited, part 6: Florida

Monday night’s GOP debate in Tampa ( NBC) may not have produced much warmth or light, except for Ron Paul’s comments on the Strait of Hormuz. But it further highlighted reason to look back at the 2004 campaign. These guys are going to need all the help they can get in the general election. Citizens United notwithstanding, half a billion in paid political ads goes only so far when the the other ticket is Newt Gingrich. He says his message is that of Washington outsider because he was detested in Washington.

Gingrich is campaigning on a claim to be about “changing Washington.” It’s like the fat, intemperate, unreliable old Falstaff yelling, “They hate us youth!”

Shakespeare

Déjà vu all over again

The issue went nowhere in the political press at the time, but there were striking anomalies in the Florida vote count in 2004. The headlines were different from 2000. The problems were less blatant. No tiny white-collar mob of Republican congressional staffers and lobbyists raised fists against the vote counters. But even after all the attention directed to Florida’s electoral process in 2000, there were still problems in 2004.

Take a look at the numbers on the ground, including party registration. Unlike South Carolina, Florida registers voters by party.

Florida counties 2008 election

Of Florida’s 67 counties, in 2004 Republicans constituted more than 50 percent of registered voters in only eight. This fact might surprise readers who get their information from the national political press, which represents Florida as a red state. But eight it was:

  • Collier
  • Indian River
  • Martin, Clay
  • Okaloosa (57.2%)
  • Santa Rosa
  • St. Johns
  • Walton (barely)

Population of the eight red counties in 2000:  1,083,846.  Population of Florida:  15,982,378.

In contrast, Florida had 31 counties where Democrats constituted more than 50% of registered voters. In 21 counties, Democrats constituted more than 60% of registered voters. In thirteen of them more than 70% of registered voters were Democrats, and in four of them more than 80% of registered voters were Democrats.

Population in preponderantly Democratic counties:  2,700,000+.

This is a red state?

In 28 counties where neither party registered more than 50%, nineteen had more Republicans and nine had more Democrats. The biggest plurality county was huge Miami-Dade (pop. 2.3 million, 43% Dem). The smallest was Highlands (pop. 87K, 45% GOP).

Population in counties where GOP registration was heaviest, over 50 percent, totaled less than majority-Democratic Broward County alone. Population in counties with a less lopsided Democratic majority totaled 8.4 million.

A bigger anomaly

The biggest divide between Florida counties in the 2004 election was not red and blue but touch-screen and op-scan.

As in voting machines.

Fifteen counties used touch-screen voting machines, produced by ES&S or Sequoia. The other 52 counties used paper ballots, BUT not counted manually. Instead, the paper ballots were processed by optical-scanning equipment similar to that used by supermarkets, manufactured by ES&S, Diebold and (in one county) Sequoia.

Optical scanning in voting has been used for years, generally without the checking that turns up mistakes about 5 percent of the time in supermarket scanners. Mathematician and independent researcher Kathy Dopp tabulated differences between touch-screen counties and op-scan counties.

The difference? A simple and blatant pattern:

  • In touch-screen counties, the county’s vote for president went with its majority party almost always.
  • In op-scan counties, the county’s vote for president went opposite to its majority party most of the time.

If this sounds like a small difference, it’s not. Whatever problems the touch-screens had, 14 out of 15 counties using touch-screen equipment had an outcome at least in line with registration. Counties with more Republicans went Republican. Counties with more Democrats went Democratic. Plant a tomato, get a tomato.

Of the 52 counties using op-scanned ballots, 21 voted in the direction predicted by their voter registration–fewer than half. The other 31 counties went opposite their own voter registration. The kicker is that almost always, they went to Bush.

In the 21 op-scan counties where the vote ran with party registration, it was often skewed. Somehow Democrats there did not vote Democratic, and Kerry also picked up NO percentage from independents and unaffiliated–in a national election where the independent vote trended toward Kerry.

How it works

If an operative wanted to help a candidate win, in a state like Florida with many counties, the way to do it would be subtly so as not to affect the outcome of any individual county. That way, no local challenges would be provoked; the only way to examine the outcome would be to challenge the entire state. A few hundred or a few thousand votes in a lopsided county would not be missed, or suspect.

This process would be aided by the predominant media focus on red and blue.

Access to county statistics on population, demographics, and voter registration is already in the hopper, remember. Source code does not control turnout, but the political experts could weigh in on that little problem; look at the lines in big touch-screen counties inadequately supplied with voting machines, the problems with provisional ballots and early voting, the misleading flyers and robo-calls, etc. In the op-scan counties, I wouldn’t need help with turnout; I would need primarily to be able to work without scrutiny.

This is not to say that touch-screen machines are off the hook. If as a shady operative I wanted that badly to help my man win, odds are that I would overreach once in a while.

Florida counties 2004

More later

“An avowed Muslim . . . get him out of our government”

More lying in Republican circles in Florida, and some of it probably naive.

Woman in Rick Santorum’s audience just said the president is “an avowed Muslim.” Her question: “why isn’t anything being done to get him out of our government?”

N.b. the MSNBC caption missed/omitted the “our” part.

Pressing on

Santorum, a senator, did not correct her.

Worst of all, perhaps, is that other people in the audience clapped when she said it. Wonder how many of them actually believe it. That anyone could believe it is not a tribute to the press in our time.

YouTube catches the exchange here.

Also here.

This is backwoods politics at its worst. It is heartbreaking that rural Florida, and other places like it, have been left to the tender mercies of the hard right for thirty years now. This is the result.

Not that there haven’t been worse comments, like this one from a hard-liner in Florida calling openly for violence against the president. Fortunately other Jewish leaders swiftly condemned the remarks. If they had been Santorum types, maybe not.

The only bright spot in those remarks caught on video is that the lady referred to the U.S. government as “our government.”

It’s a wonder GOP leaders haven’t already jumped down her throat for that.

South Carolina behind (way behind), Florida ahead

Two days after

South Carolina behind again, Florida ahead

The Florida GOP primary next up—Jan. 31—is the newest make-or-break or Big Moment, the newest primary event characterized as shaping up to be important or crucial. Gingrich won South Carolina’s heart by acting like a ghastly creep–SC is, after all, the state of Joe “You Lie!” Wilson. Question: What face will Gingrich turn toward Florida?

Newton Leroy McPherson

Partial answer: The day after South Carolina, Sen. Lindsay Graham appeared on Face the Nation, making Gingrich sound halfway decent and humane on the topic of undocumented immigrants. Florida, we are reminded, has a large Latino population. Graham suggested that Gingrich as president would favor extending something like amnesty (although not called that) and legal status to some undocumented immigrants. Graham spoke becomingly about a hypothetical combat veteran with Hispanic name coming home from war, only to see his mother or grandmother deported.

Every little bit helps.

South Carolina polls were mostly right

Back to South Carolina—

Gingrich’s win vindicated most polls leading up to the primary, although it probably didn’t do much for all the experts who shortly before had been writing and talking about Mitt Romney as inevitable.

Rick Santorum made a cogent point on the air Sunday, by the way. Santorum reminded his host that it was not necessary, after all, for religious or social conservatives to ‘coalesce’ behind one candidate, in order for Romney to be beaten.

But on Gingrich–

As a Southerner who has consistently defended the not-David-Duke parts of the South, I would not have thought South Carolina could sink any lower. Shows me. It is scant consolation to reflect that Gingrich probably would have lost to David Duke, if Duke had been running in the primary. If only the pollsters would conduct a poll on a hypothetical match-up of Obama and Duke. It would be instructive to see how many states Duke carried.

There is still time for Duke to jump into the Republican race.

We’ve seen one of them already. Turnout in the primary was record:

 “South Carolina’s Republican voters set a new primary turnout record Saturday when more than 600,000 of them went to the polls, shattering the previous mark set in 2000.

With 13 precincts still uncounted Sunday morning, 601,166 votes already were recorded, topping 2000’s turnout of 537,101 and well ahead of 2008’s 445,499 voters. Earlier in the week, officials had projected a moderate turnout about equivalent to the 2008 primary.

And the vote totals for the individual candidates were just as intriguing. Saturday’s winner, Newt Gingrich, collected 243,153, and second-place finisher Mitt Romney won 167,280. Both of them exceeded 2008 winner John McCain’s total.

And that also means Mr. Romney did far better than his own 2008 performance here, when he won just 68,142 votes en route to a fourth-place finish.”

The 600K+ turnout exceeded even that of South Carolina’s Democratic primary in 2008, an all-time high 532,468 voters, when Barack Obama bested Hillary Clinton. Of course, many people believe that a lot of the Clinton voters there were actually Republicans looking to slow down or hurt Obama. The GOP primary in 2008, as mentioned above, involved 445,499 voters.

John McCain, who got under 200K votes in that primary, went on to get 1,034,896 votes in the general election against Obama’s 862,449–a clear gain of over 800,000 votes for McCain in ten months. McCain must have climbed mightily in many people’s estimation during that time. Maybe somebody gave the populace refresher courses on Vietnam.

Presumably South Carolina voters will turn out in equal or greater numbers to vote against the president this year.

Gingrich won across the state, losing only three counties to Romney—Beaufort, Charleston, and Richland. Of these three, only Beaufort was among highest-turnout counties. Gingrich won in 43 of 46 SC counties.

State election board results show that turnout was 20 percent to 30 percent for most counties. This is high for a primary and especially high for a place in the condition of South Carolina, with close-to-the-bottom per capita readership and number of newspapers, libraries, and bookstores.

Still, it would be distortion to call the primary a landslide, as the example of York County shows. Turnout in York was higher than in 2008, and voter registration is up by 30,000 according to the local press—but turnout in the county was still 23 percent. Nor did women give Gingrich landslide treatment, cat-fight representations notwithstanding. Gingrich won the women’s vote with a plurality of 30 percent. Thus he lost 70 percent of women voters, which strikes me as about where he would stand in a general-election match-up. Women also were only 47 percent of the primary voters. So more of them voted with their feet.

Gingrich benefited mightily from his treatment by ‘media elites’. Wonder whether there might be a grain of truth in the Gingrich accusation that ABC wanted to help Romney. (“ABC acted as an arm of the Romney campaign.”) Either way, calling ABC “liberal” is hooey. ABC,  another union-busting corporation, might want to help Romney as plausible GOP contender, but there’s nothing liberal about it if so.

South Carolina has not benefited from its treatment by educated people who should know better, who have tossed No-prestige-land away, leaving it lying on the floor of a seldom opened closet. A public discourse that ropes off any part of the polity does harm to the whole.

If Matt Kibbe’s bunch have their way, things will get even worse for SC. They’re trying to get a publicly funded ‘school choice’ act on the books. H.4576 would assist, at public expense, any parent willing to pay to put his/her children into a  for-profit school. This would mean that the depleted public schools would shoulder even more of the burden of the poorest children, from the poorest families. So much for opposing an entitlement society. Any time you have a proposal to harm the greatest number, and get the taxpayers to pay for it, you have a good chance of lining up the GOP on your side.

How do they pull off this kind of thing? Well, for one, they call a for-profit school an ‘independent school’ and they include the same taxpayer-funded gift for home schooling, to sweeten the deal. Also, as summarized by supporters, the bill would send the taxpayer money to charity—‘Non-Profit Scholarship Granting Organizations’. Those orgs would then be obligated to pay over the money for tuition, books, etc.—to a private school, if the parent ‘chooses’:

“This bill will encourage parents to have a more direct impact on their child’s education as they will have a stronger voice in deciding how their child is educated. At the same time, the parent or legal guardian will have more money to save and put towards the child’s education. One of the most important aspects of the bill is that it does not favor any independent school or form of education in particular, but rather lets the parent decide what is best for their child. The Department of Education, Department of Revenue, or any other state agency can’t regulate the operations of a not-for-profit scholarship granting organization. Same rules follow that these state agencies can’t regulate the educational program of an independent school that accepts students who receive grants from the not-for-profit scholarship granting organization, except for the school’s compliance with the requirements of the bill. This bill will encourage school competition while engaging the parent directly in their child’s education.”

The legislation is introduced by Rep. Eric Bedingfield (R-Greenville), a staunch defender of one’s right to be poor. Bedingfield also crafted legislation enabling a former state Republican Party director to become a six-figure lobbyist for the University of South Carolina. The legislation was supposed to crack down on taxpayer-funded lobbying.

South Carolina primary, live blogging

South Carolina primary day live blog

Time

10:25 p.m.

As previously noted (below), the gender gap in SC voter turnout was men 53 percent; women 47 percent.

The population of South Carolina is 4,625,364 as of 2010, up 15.3% from 2000 to 2010.

Female 51.4%

Registered voters 2,722,344

So somewhat more than half the state is registered to vote. Not registered by party.

Daily Caller emphasizes that Gingrich won the women’s vote in SC, at least with a plurality of 36 percent. Romney came in second with 30 percent of the women’s vote.

However, most women in South Carolina did not vote.

Dems for Gingrich?

The stridently rightwing Examiner offers a further thesis: Gingrich was elected by Democrats.

 “Consider this–unlike most other primaries, South Carolina voters don’t have to register their party affiliation. With no election this time around on the Democratic Party side, it’s a guaranteed bet that a number of South Carolina Democrats voted in today’s primary. As one could assume, some voted because it was an exciting Republican race. Some voted because they had nothing better to do today. And some Democrats voted to help sway the GOP primary toward President Obama’s hopeful opponent–Newt Gingrich.

How much of an effect did the Democrats have on the Republican Party’s South Carolina primary today? It would be almost impossible to quantify. But rest assured, just as former Speaker Gingrich can thank women and evangelicals for his victory today, he can thank Democrats as well.”

There are already copious signs of Republican and conservative discomfort with Gingrich’s win in South Carolina. This is but one of them. David Gergen and others are openly–already–discussing the possibility of a brokered GOP convention, or of a split convention, or of finding someone else to jump into the race if Gingrich and Romney continue in their present courses. The discussion is undoubtedly premature, but it accurately reflects the party’s widespread aversion to Gingrich, who earned it.

So far, the Examiner is the only publication to blame the SC primary outcome on Democrats. Seems a bit far-fetched. I would think that if Democrats or others really wanted to participate constructively in the Republican primary in South Carolina, they would have voted for Herman Cain/Colbert.

But time will tell.

7:45 p.m.

CNN has now joined all the others in projecting SC for Gingrich, who with a whole 4 percent of precincts in has taken the lead over Romney.  Only question remaining for South Carolina, all hands concede, is how big the lead will be. If it’s double digits for Newtie, Florida–what will the campaign be like?

They haven’t said what the effect will be should Gingrich carry South Carolina GOPers by only single digits. The first three races have resulted in a win apiece for three candidates. Somewhat like 1964? —

Speaking of previous decades, a wonderful book is still floating around on the 1972 election, titled The Boys on the Bus. Author, Timothy Crouse.

Here is Crouse with a still-timely passage on George Romney, Mitt Romney’s father. The effect on the campaigns stems from the success of Teddy White’s Making of the President books:

“As recently as 1960, or even 1964, a coalition of party heavies, state conventions, and big-city bosses had chosen the candidate in relatively unviolated privacy, and then presented him to the press to report on.

Now the press screened the candidates, usurping the partys’ old function. By reporting a man’s political strengths, they made him a front runner; by mentioning his weaknesses and liabilities, they cut him down. Teddy White, even in his wildest flights of megalomania, had never allowed imself this kind of power. The press was no longer simply guessing who might run and who might win; the press was in some way determining these things.”

Side note: Much as the old party bosses over-relied on their own ‘power’ and ultimately ruined themselves by overreaching, the insiders in the national political press went on to do the same thing. Hence the millions of members of the public who turned first to cable television and then to the Internet. People got tired of not being able to find out anything by reading the paper. Thus the press got its comeuppance from the Internet.

Back, meanwhile, to George Romney:

“The classic example was George Romney. Romney had opened his campaign almost a year before the first primary, expecting a press contingent of two or three reporters. Instead, twenty or thirty showed up for Romney’s first exploratory trips around the country, and they all reported Romney’s embarrassing inability to give coherent answers to their questions about Vietnam, thus dooming his candidacy. But Romney was the perfect, textbook example. The process was usually more subtle, and more difficult to describe.”

Not that Romney senior was the only one, by a long shot. But the elder Romney’s experience provides a rationale for Mitt Romney’s perceived distance from the press.

Newt Gingrich, in contrast, cultivates the press. Politico reported yesterday that Gingrich pretty much butters reporters like toast, in fact.

It will be mildly interesting to see what face Gingrich turns to Florida. He got South Carolina by being ugly, if the numbers hold up. But Florida has different demographics and not a lot of fondness for being lumped in with South Carolina.

7:24 p.m.

Most of television has called it for Gingrich. No votes reported, no precincts, in unofficial returns on the South Carolina State Election Commission big board yet.

If the elite media jumped the gun for Gingrich, that might be ironic. Or it might suggest that bullying these guys works.

7:19 p.m.

Only CNN, of all the majors, is not calling South Carolina for Gingrich. Out of an abundance of caution, since only two precincts have turned in votes, they’re not saying. Makes sense.

Votes in so far show Gingrich and Romney neck-and-neck (Romney ahead by one, a minute ago). Rather a different tenor from the other media outlets, from which one would think that Newt had almost all the votes, with all the other candidates scrapping for a fourth-place tie.

7:03 p.m.

Sure enough, seconds past 7:00 p.m. when South Carolina polls closed, Fox News calls it for Newt Gingrich. NBC, ABC et al follow suit.

This is linked by the suits on television to exit polls showing that 45 percent of GOPers voting in South Carolina rated ability to beat Obama their top concern.

The concern is understandable from their (heated) perspective, but that led them to vote for Gingrich? Note that they don’t call it ‘electability,’ which would be a stretch as applied to Gingrich. They presumably just feel that Gingrich would say the ugliest and most shameful things on the stump and perhaps on the debate stage.

Women, by the way, did not vote in the same numbers as men in SC. The men had a 53-to-47 percent margin in turnout.

6:41 p.m.

Back to ‘weather’ and ‘turnout’: What is mind-blowing is to hear this kind of discussion about a Republican election, any Republican election, and about a Republican candidate.

Back when, weather-and-turnout was applied to Democrats, and generally with some undertone having to do with either race, poverty, or blue-collar workers, or all three. The line of thought, you see, was that Certain Paople were more easily influenced than others. Stalwart Republican voters would turn out, out of a sense of duty, in this line of thought, rain or shine. The little blue-haired ladies, the white-belt-white-shoes contingent, retired military, etc, they would always vote, with or without enthusiasm, with or without special issues, with or without hot-button topics in the headlines. Those people with little pins in their lapels did not need any special stimulus to go pull the lever for whatever candidate the party establishment threw at them. Plus, they tended to drive better cars–this is the same line of thought–so they were less affected by bad weather anyway. Maybe an extra car wash during the week, but nothing to affect the election.

Turnout and weather, au contraire, were held to be closely entertwined on the Democratic side. Some paople just can’t handle the slightest obstacle. Even the slightest difficulty keeps them from doing what they should.

We’re hearing this last thought, if you call it that, in the Gingrich campaign. Gingrich is doing it more explicitly and with more sharp-edged ugliness than most people have thought tolerable over the last thirty years.

But to hear on the airwaves that Mitt Romney desperately needs good weather?

Mind-boggling.

Ironically, it has been less current as applied to the Dems, ever since Jesse Jackson ran and won the Virginia primary in 1988.

6:18 p.m.

At six-ish the major cable channels began official coverage of the South Carolina primary, as opposed to just talking about it almost nonstop.

The biggest surprise from MSNBC so far: Keith Olbermann‘s name briefly flashed across the screen, in the crawl. Olbermann was named as one of the commentators providing coverage of the primary.

Not so. Just a stutter. Nothing to see here.

Olbermann will be covering the primary, but from newer venue as of last year, at Current TV.

First exit polls indicate that surprisingly 64 percent of GOPers who turned out describe themselves as born-again/evangelicals, 66 percent support the Tea Party, and 69 percent are conservative.

Question is how this preponderance plays among Santorum–who says he’s felt a surge since yesterday–Gingrich and Paul, presumably.

5:05 p.m.

Not a dissentient voice on MSNBC as to Gingrich’s win in South Carolina. Craig Melvin just reported that every politico in SC says it’s not a question of whether Gringrich will win, just by what percentage. Drumbeat for Newt turning into an avalanche, from all signs. The weather is also touted as a sign of things to come, rain depressing turnout–and Mitt Romney, of all candidates in the world, dependent on turnout. So it is said.

This is a twist in itself. Turnout reported to be high in upstate South Carolina,  voters coming out for Gingrich (and Santorum? and Paul?) Turnout light to steady on the coast, and in the midlands, where the votescasters feel that Romney would get more support.

Entertaining piece by James Carville as CNN commentator, taking some easy shots but undeniably good ones. It might be premature to call the GOP field a “disaster” (aside from their core policy, breaking the middle class and destroying everyone but the super-rich). Abysmally unqualified candidates have managed to emerge victorious before. But politically speaking things are not looking too good for them at the moment, except for the humor. Stephen Colbert as Herman Cain is doing a great job, head-and-shoulders above the other candidates. No other candidate even comes close, although at least Ron Paul has remained consistent on his views and stated positions. He can speak understandably, too.

12:13 p.m.

In all the on-air chatter about Romney’s gaffe and Romney as out-of-touch, no one has mentioned how much like legalized bribery, or subornation, speaker fees are to begin with. No one brings up the Koch-brother-funded functions where right-wingers like Charles Krauthammer and George Will prostitute the art of letters in service to war and exploitation. David Brock of Media Matters noted in his after-the-fall book that he was no longer going to receive six-figure speaking gigs and seven-figure book advances. Has anyone pointed out that those six-figure and seven-figure payments are going to propaganda instead of to legitimate publishing and writing, what we used to call arts and letters? Has anyone talked about America’s intellectual infrastructure?

 

Not this week.

 

All the pundits declare this Romney’s worst week ever. These are the pundits who determined three days ago that Romney was the inevitable nominee. The Rominee. True enough, Romney has suffered a downturn–the Santorum win in Iowa, Newt Gingrich surging in the polls, more verbal slips. Thus we have a new overworked word to be sick of, “collapsing.” (Re Romney’s campaign.) First it was “coalesce.” Then “forgiveness.”

I’m all for forgiveness. The one episode of Modern Family I’ve seen did a nice job with it, too. But there is some woolliness about how this concept is being applied in the current commentary. It is pure, and clean, and noble, to forgive someone who has wronged you. It is less noble to forgive someone who has wronged someone else.

Speaking of gagging, some commentators are also taking a new oddly deferential tone about Newt Gingrich. Partly this reflects the newest opinion polls, partly the standing ovation when Gingrich used John King’s question about the Marianne Gingrich interview to vilify “elite media” and their (fancied) protection of Barack Obama. The man is tripping—or rather, lying—but that’s not the main point right here.

The big thorn here is that Gingrich comes across as rather loathesome. He may have boosted himself in South Carolina by out-uglying everyone else, but there is a reckoning ahead. For King not to have asked about the “open marriage” interview at all would have been ridiculous.

It would have been better not to lead off by asking about it, but ignoring it entirely would have looked odd. There is no reason to bend over backward for Newt Gingrich. A couple of things not mentioned on air: When the candidates entered the room for that South Carolina debate, as each name was announced, Gingrich got boos as well as cheers. And when Gingrich got his standing ovation for attacking King, plenty of women remained seated.

10:39 a.m.

Another ongoing theme of discussion, on air at least–how or why Mitt Romney has so much trouble ‘connecting’ with the average person. Maybe eventually they’ll get around to discussing the rich-get-rich economic policy destined to turn the U.S.A. into ColombiaArabia if not redressed.

Not any time soon, though.

That said, there are moments when I feel sorry for Mitt Romney. It happens when Romney’s calling his $374K speaking fees “not very much” comes up in the news media.

 

Romney announces

It is surprising to feel this way about a candidate whose policies as president would in all likelihood be worse than GWBush’s, but even an offshoring robber baron can be misunderstood.

Take that off-the-cuff “not very much” comment:

  • Romney was brought up to act like a gentleman, and good manners forbid a gentleman to brag about how much he is paid for speeches. He does not put himself forward unduly about anything, in fact—making a parade of anything is antithetical to his background. (Mine, too, for that matter.) Needless to say, this ethos makes running for office a hard row to hoe, although Barack Obama has the same one and handles it brilliantly. But then the president has the additional ethos of cool, an attribute Romney does not have and to do him justice—gentlemanly self-deprecating again—does not claim.
  • So when Romney was asked about his income sources aside from capital gains, he ticked them off–the book sales, which he donated to charity; the speaking fees, “but not very much.” He would not bill himself as one of your top speakers getting six figures for a single appearance. Primarily concerned not to brag, Romney played down his status on the speaker circuit. He does the same kind of thing when he says things like “I worried about whether I would get a pink slip,” and when he laughs (self-deprecatingly), “I’m unemployed.” Not acting grandiose is a big part of his moral lexicon for personal behavior.
  • Unfortunately, his acute attention to one part of the radar screen (don’t brag) left his radar completely down on the fact that $374K is actually a lot of money.

That fact has been duly noted, the point made. Income inequality has finally lighted up on the big board.

N.b. Re the question raised earlier about how well Gingrich is doing among women–today’s Washington Post quotes from 15 women interviewed in So. Carolina, most of whom support Gingrich in the exchange with John King at Thursday night’s debate. Several of them seem from the quoted comments to be more siding against Marianne Gingrich, but it works the same way.

9:57 a.m.

It’s Saturday, the non-Tuesday GOP primary in South Carolina–forget religious observance–and the talking heads are going at it. This is not lawn-mowing weather anyhow.

Big question of course is whether Newt Gingrich managed to out-ugly everybody else enough to pull off a South Carolina win that would be considered an upset. The most recent polls put Gingrich ahead of the field including Romney.

Gingrich

“Callista doesn’t care what I do.”

How people judge the content of the Marianne Gingrich interview is up to them. I believe the woman, but many people reportedly believe Gingrich’s denial. Either way, presenting this issue as public-versus-private muddies it.

The issue as applied to Newt Gingrich is not divorce or that Gingrich is thrice-married. The issue is how Gingrich has treated women—asking for a romantic triangle, etc–with some perceivable parallel to how he treats the suffering and unfortunate, the poor, and minorities; his penchant for bullying and for lying; his ethics violations while in office and then denying same; etc. Whether he has a track record of treating people decently is a reasonable question in the circumstances. To present this question as unwarranted intrusion into a public figure’s private life, like someone sneaking photographs of the Duchess of Cambridge, is mistaken at best. Too bad they keep using the vague generality “character” instead of asking, Does the candidate treat people with decency and respect?

The Gingriches, in earlier years

On that question, Barack Obama shows well. He has a track record of having treated the people in his life decently. Maybe that’s why they don’t ask the question on television, during an election year. It would weigh in the president’s favor too much. He hasn’t laid off a bunch of people, either.

Back to Gringrich, what makes the current opinion polls really remarkable is that quoted statement that Callista didn’t care what Gingrich did—i.e. having an ongoing three-way relationship while remaining married to Marianne, for six years. Gingrich is out ahead after that? Maybe: Most times when I have thought one thing and the polls showed another, the polls have been vindicated. But I’ll believe it when I see it.

Forget the overworked and tired terms “Christian right” and “values voters.” Assuming that fundamentalist right-wingers are the only people who care about the conduct in question is like assuming that African-Americans are the only people who care about Gingrich’s misstatements on food stamps. False, but television largely has not caught up with the trends.

Am I the only voter who remembers that right-wing Southern women often disparaged Hillary Clinton for staying with Bill Clinton? Am I the only pop-culture aficionado who remembers Gone with the Wind, that bible of fun-loving white South Carolinians? Remember the laugh the Yankee women got, at the expense of Southern womanhood, when Ashley Wilkes and the guys supposedly got caught drunk in a brothel and their women put up with it?

(Mere) postscript to Iowa caucuses: Who won

(Mere) postscript to Iowa caucuses: Who won

Who won in Iowa: then

2012 is here, and they did it again: After weeks and months of hysterical conjecture about who’s-going-to-win in Iowa, the public gets a staggering indifference as to who won. The Des Moines Register reports that, as far as is known, Rick Santorum came out ahead of Mitt Romney by a near-landslide 34 votes. However, with perceptible mistakes in 131 precincts, there are too many holes in the count, the paper reports, for the true winner ever to be known.

Kudos to Bradblog, for being all over this question from early on, following the caucuses.

A full report containing all the certified results is due to be released this morning.

The morning talking heads have taken note of this development only to discuss it in terms of the horse race. As of now, we have the following consensus: 1) the Iowa results were a statistical tie anyway; 2) this (the outcome) messes up the narrative about Romney as the first Republican to win both IA and NH; 3) old news; and 4) who cares.

There has been no discussion about the problems in getting an accurate vote tally in 2012, in what has historically been one of the most transparent and least manipulable voting processes in the nation.

There they go again. As previously written, all that focus on who will win, little corresponding emphasis on who did win.

There are signs of the times on related matters, however. For one thing, many of the talking heads are intensely touting the line that the election will be ‘close’. This is one way to avoid talking about policy, and talking in specific detail about policy would tend to make the election less close. Let the public get a gander at Romney’s tax plan, for example, discussed by five or six guests and hosts at length and with colorful anecdote the way they talk about being in Iowa or South Carolina.

That close-election firewall protects the GOP.

Notwithstanding the firewall provided by corporate media outlets, MSNBC morning host Joe Scarborough seems to be bothered by the display being put on by the GOP field: He is boosting a ‘centrist’ third party candidate, yet to be named, who will blame both parties for the mess in Washington.

That anyone could buy this tactic does not speak well for reporting in our time.

Famous headline

2004 Election revisited, part 5: DC games versus democratizing the vote

2004 Election revisited, part 5: DC games versus the grassroots

Dean

The presidential election cycle suffered an odd interlude in winter 2004. Few people remember now, and this kind of topic is not usually revived on cable or network talk shows, but what happened derailed or destroyed the most promising grassroots activity on the Democratic side.

Most politicos remember in some fashion the swift turn downward for Howard Dean’s campaign when CNN jumped on the so-called ‘Dean scream’ nonstop. Few to no politicos mention that the Dean campaign was also on the receiving end of attack by a particularly shadowy 527 organization.

This particular org seems to have been roused to action by some mention of health care in a campaign year. (Danger afoot; the public might like health.) A weird little one-or-two-man ‘group’ called “Americans for Jobs, Healthcare [sic], and Progressive Values” sprang suddenly into action, not to mention into existence.

Any investigation is, of course, history now. However, the trajectory of events looks to be uncomfortably relevant in election 2012, when those 527s are dwarfed by current super-PACs.

Midnight, February 2, 2004, was the deadline for filing IRS form 8872, the comprehensive financial disclosure required of political organizations called 527s.  Form 8872 is another of those ‘regulations’ so hated by GOP presidential candidates. It is important because it reveals who has contributed money to the organizations, which, unlike individual candidates and political parties, do not have to file disclosure statements with the Federal Election Commission (FEC) but only with the Internal Revenue Service.  Federal law requires that the forms be filed electronically, by any 527 organizations that took in or spent more than $50,000 in 2003.

Early the next morning, I checked the IRS web site to see the financial contributors for the elusive group called “Americans for Jobs, Healthcare [sic], and Progressive Values.”  (Slight warning sign:  politicians genuinely concerned about health care can usually spell it.)

The group officially began in November 2003, ran three anti-Howard Dean ads including an especially noxious one picturing Osama bin Laden, and almost immediately went inactive.  Its web site went down or “under construction,” and it listed few contacts. Its second president in two months was insurance executive and former Ohio congressman Edward F. Feighan, but his insurance office in Columbus said that Feighan was no longer connected to “Americans for Jobs etc.” Feighan’s office could provide no current information about the group, its current officers, or whether it had a head. Spokesman Robert Gibbs, a former staffer of John Kerry’s in DC, did not return numerous calls and voice messages.*

There was no form 8872 or other quarterly filing for the group, and no filing beyond the initial form 8871 dated Nov. 14, 2003.

After more attempts, I was able to talk to the group’s treasurer, David W. Jones, a Democratic fundraiser in DC, who informed me that the organization was not dissolving but also stated that he was the group’s sole officer listed at this point. Jones referred me to Kenneth A. Gross, a partner in the large law firm Skadden, Arps, for information regarding Americans for Jobs’ financial filing.

Many attorneys do not even take Election Law in law school. Gross, in Bethesda, Md., has extensive credentials as an election law attorney and served in the FEC for six years under Reagan (1980-1986). Maryland public records show that Gross was a registered Republican but switched to the Democratic party in March 1993. “I’m a man of all trades,” he said affably. “I represent both Democrats and Republicans; I’m one of the few who do.”

Gross’s GOP credentials, however, were substantially more weighty, surprisingly for someone hired by Democrats. Gross’s resume:

Past candidates for whom Ken Gross had worked were either Republicans or, when Democrats, only in the Democrats in primary elections. All in all, an odd choice for any Democratic candidate, or at least for any candidate who wanted Democrats to win in November 2004. You’re running for office and have a hard-fought campaign in a tight election ahead. You hire Bob Dole’s legal counselor?

Ken Gross explained that Americans for Jobs etc had filed the required form with the IRS, the Friday before the deadline, but it had filed by fax, and the IRS did not immediately post the filing online. “It was filed,” he said. “The IRS failed to give us a [sort of] PIN number,” so the group could not file electronically. “They’re not very well equipped,” Gross commented. “It’s totally their fault.  It’s not our fault at all.”

When all else fails, blame the IRS. So, Gross continued, “we worked it out with Ogden, Utah [an IRS office],” and sent it in by fax. “I guess they haven’t scanned it into the system yet.” When I asked to see the filing, or have it faxed to me, Gross turned me back over to Jones, who corroborated the filing by fax.

An IRS spokesman explained that 527s were required to file electronically, but if some glitch prevented their doing so in a timely manner, they could file by fax or on paper to show good faith. Electronic filing was still required when they received their PIN number. Form 8872 is required to disclose all financial information.

Tuesday, Feb. 3, 2004, was the day Democrats held primaries in seven states including South Carolina and Oklahoma. As of that date, Americans for Jobs, Healthcare etc still had a single filing online, its initial electronic filing dated Nov. 14, 2003, posted with its Employer Identification Number (EIN). On Tuesday, Jones offered to fax me the filing.  I returned his call, leaving phone numbers and a fax number. No form arrived. Gross said that the filing was handled in his office, by Mark Ward. I called Ward on Wednesday to request a copy of the form, leaving my mailing address and a fax number with him.  Ward explained nicely that he did not have a copy of the filing, and that he could not get into either the fax machine or the copier without a client number–“This is such a dumb thing to be held up by, you’ll think, what planet did I drop from”–but would try to see what he could do, and suggested that I call Jones again to request a copy.

Later that day I got a call from Melissa Miles, a SkadArps attorney representing Jones.  She explained that “Dave knows he’s legally required to make a copy available” for viewing, within regular business hours, and recommended that I stop by Jones’ office, giving his address at Corporate Visions, Inc., on M Street. I said I could certainly stop by the next day, Thursday, Feb. 5.

Thursday morning I called Corporate Visions, where I happened to get a voice twin of Jones. When I asked whether I was speaking to Mr. Jones, however, the voice said “No, this is Corporate Visions.” Thursday afternoon, after repeated messages, Jones called me, saying that he had just gotten back from New York. When I offered to go to his office to see the filing, he offered instead to overnight it to me, saying at least twice that he had to show me “an original.” He assured me that he would UPS it to my home on Friday. The news that evening was full of a bad weather forecast for Friday, with possible icing; UPS headquarters confirmed that they do hold up deliveries in dangerous weather, but on Friday I received the filing.

The political calendar was loaded. Caucuses were held on Saturday, Feb. 6. Some large-state primaries were held on Tuesday, Feb. 10. On the phone, Jones offered to go over the form with me. He explained at length and repeatedly that the group had purchased three [anti-Dean] ads, totaling about $500,000. Of the total, the two ads referring to Dean’s gun and trade positions cost $485,000. Only $15,000, Jones emphasized, was spent on what he called the “foreign policy ad,” i.e. the one featuring Osama bin Laden. Jones reiterated that that one ad ran only sixteen times in South Carolina and New Hampshire, and never ran in Iowa.

Sounding somewhat harried, Jones also said that the Osama ad (“foreign policy”) got “hundreds and hundreds of thousands of dollars’ worth of free media attention,” with several major network news programs giving it national air play. As he remarked, that one ad, on which the group spent only $15K, got the most coverage, “national coverage for four or five straight days.” Jones: “You can blame your colleagues in the media for that.”

Numerous news reports linked the Osama ad to the Gephardt campaign. While the ad did not verbally compare Dean to bin Laden, visually it connected bin Laden’s face with Dean’s name, with a dark-aura image hard to shake off. By all accounts, the attack threw the Dean campaign off-message, away from his successful critique of Bush policies.  Negative ads work.

Tthey also boomerang. The smarmy, dark, negative ad ended Gephardt’s candidacy. Jones, formerly a fundraiser for Gephardt among others, reiterated emphatically that the ads were not coordinated in any way with the Kerry campaign or with the Gephardt campaign, describing them as intended to make issues of Dean’s positions.

“His campaign is over.”

Jones took exception to my saying foreign policy experience as an issue usually benefits an incumbent president or vice president, or in the rare case of Richard Nixon, a former vice president. Most people do not connect governors or Congress with foreign policy, regardless of the campaign year. This is an advantage of presidential incumbency. In any case, there can be little doubt about the damage wrought by the Osama bin Laden ad: of the two previously strongest Democratic candidates for president, one (Gephardt) was out of the race, and the other (Dean) dropped behind.

Gephardt

At that point, Howard Dean was still second to John Kerry in delegates won (121 to Kerry’s 260), and the race was still early. Dave Jones, however, vehemently and angrily insisted that Dean was “out”: “His campaign is over.”

Be it noted that Dean’s campaign had sidestepped professional fundraisers, getting its money through a successful Internet drive. This fundraising strategy employed by Dean, and by Ron Paul, was carried forward with even greater success by Obama in 2008 and is going forward for 2012 as well.

A more wide-open race generates more voter interest, by allowing voters more choice and more participation.** The best chance Democrats have to air issues of concern to the public is their primary season, in Democratic primaries and caucuses. Corporate media outlets are often less than eager to devote air time and print space to topics that they have failed embarrassingly to report.

Too bad they knocked Dean out.

Meanwhile, the filing belatedly reviewed showed that Americans for Jobs etc received $663,000 from 26 donors. The “Progressive Values” fell out of the basket. The donors had a strikingly not-progressive profile. Two-thirds of the donations were corporate, with two executives donating $100,000 each and another retired executive donating $50,000. Another $80,000 came from attorneys. The Torricelli for Senate Committee kicked in $50,000. Six labor unions donated $200,000; thus the laborers’ union and Loral corporation gave to the same folks. Expenditures, besides the half-million for television, included $40,000 to Jones’ firm, DWJ Consultants, and $15,000 to Skadden, Arps for legal expenses.

It would be odd if the highly experienced Kenneth Gross, with Americans etc from the beginning, did not foresee the dysfunctional impact of the Osama ad. The GOP, after all, had already used images of bin Laden and Saddam with great effect against Tom Daschle in South Dakota and even against decorated Vietnam veteran Max Cleland in Georgia.

Also, more expeditious filing would have been becoming from such experts. Referring to campaign finance in the Clinton White House, Gross said that all contributions to a party have to be reported and the contributors identified, and that the system falls apart when the parties try to find loopholes in disclosure (MSNBC interview, Oct. 30, 1996). In the same interview, Gross also said the amount of soft money in the system needs to be cut down.

Gross was a go-to speaker on campaign finance reform. Time quoted him as saying that the campaign finance law “doesn’t mean a whole lot,” and that “It’ll affect the process only at the margins.” The New York host committee for the Republican national convention stated an aim of raising $20M for the 2004 convention (which it exceeded handsomely); Gross earlier expressed an opinion that the new law does not limit fundraising for conventions.

When I asked Jones whether he was aware that Gross was representing the GOP convention, he said coldly that he did not get into his attorney’s other clients.

And there, gentlemen and ladies, you have one difference between Republicans and Democrats, in the horse race, in a nutshell: There is very little chance that any GOP candidate or group would naively hire a Democrat.

It must be agreed that the immediate beneficiary of the fall of Gephardt and Dean was John Kerry, whose biggest contributor was coincidentally SkadArps. Even Gross, who donated to Bob Dole in the 1990s, donated (modestly) to Kerry in 2004. Bush, after all, scared a lot of people. But Kerry was not the ultimate beneficiary. Corporatist commentators George F. Will, Charles Krauthammer, and Bill Kristol were openly gleeful over what they called Dean’s “implosion,” although previously they insisted fervently, not looking happy, that the White House was eager to have Dean as an opponent. (Krauthammer, Kristol and Will did not discuss the Osama bin Laden ad.)

As I wrote back then, “If corporate shills for the Bush team in the media were gleeful, it’s a safe bet that the Bush team was, also.”

I should have put money on it. With the twenty-twenty of hindsight, we now know that Kerry was not the most electable, the strongest, the best qualified candidate to oppose the Bush White House and Team Bush. Kerry ran a stronger campaign in 2004 than did Gore in 2000, but Howard Dean could have run an even better one.

The entire series of events drew less press coverage in 2004 than it should have drawn—like the efforts at vote suppression and intimidation. The New York Times reported the story only as an intramural fight among Dems. The Washington Post barely touched it. (The Post fought against Dean like a wounded wolverine, running a front-page story about a younger female aide in Dean’s inner circle. The Post facilitated GWBush’s reelection as it had facilitated his election, again with the corporate incentive of Bush education policies—standardized testing front and center)

*Gibbs went on to become press secretary for the Obama White House. Howard Dean, who should have been appointed head of Health and Human Services, was not. This is not to knock Kathleen Sebelius. The new Obama administration wisely took on board its former competitors, making a good choice in Hillary Clinton for State among others. But the White House went overboard in taking in Rahm Emanuel and leaving out Howard Dean.

Speaking of public health and public safety issues, it will be little short of a miracle if Emanuel as mayor of Chicago does anything to make the Chicago region less of a safe haven for rapists. Remember which archdiocese has had little to no successful prosecution of clergy abuse?

**I took this view in both 2004 and 2008. More commentators now discuss the same point.

Rick Perry Virginia lawsuit updated

More history on those Virginia rules

 

Perry et al., plaintiffs

Regarding that Rick Perry lawsuit—since joined by Newt Gingrich, Jon Huntsman, and Rick Santorum—over ballot access in Virginia, far too many people state erroneously that the Virginia rules are longstanding.

Today’s Washington Post reinforced the canard:

“Virginia’s ballot-access rules, in place for four decades, are considered the toughest in the nation. Candidates must collect 10,000 signatures, with at least 400 from each of the congressional districts, while some other states only require candidates to pay fees or sign forms.” [emphasis added]

When an excellent reporter, top-notch herself and one of the best political reporters at a major paper, transmits a mistake  this way, the mistake has reached significant proportions. Ballot access in the U.S. is a serious issue.

What follows below is the best and most lucid correction on this point easily available. Be it noted that the author does not sympathize with the GOP lawsuit, as the rest of his blog makes clear. The excerpt quoted here pertains only to the history of the Virginia rules on signature-gathering and the Virginia primary:

“Prior to 1988, there was no primary in Virginia at the Presidential level . . . The state decided to hold a primary in 1988, likely in an effort to gain more prominence for the Commonwealth in the first election since 1968 where there would not be an incumbent President running on either party’s ticket. That year . . . a candidate was allowed on the ballot if they had been “prominently discussed in the news media, or who had qualified for primary season matching funds.” (Source: Ballot Access News) George H.W. Bush won the Republican Primary that year. The Democratic Primary was won by Jesse Jackson.”

“Whether it was because of that Jackson win or for other reasons, Virginia didn’t hold a primary in 1992 or 1996 and reverted back to the caucus/convention model. The Virginia primary came back in 2000, but this time candidates had to submit ballot access petitions. The rules were the same as they are now, at least 10,000 signatures with at least 400 from each of Virginia’s Congressional Districts. That same system was in effect in 2004 and 2008, and for eight years pretty much any candidate who submitted a petition package with at least 10,000 raw signatures made it on the ballot.”

Since incumbent George W. Bush was the only GOP candidate on the ballot in 2004, Virginia did not hold a Republican primary that year. Virginia will not hold a Democratic presidential primary in 2012.

A larger difference remains, between the rules of 2000 and 2008 and the rules of 2012. The difference is enforcement:

“Then, just this year, an Independent candidate for the Virginia legislature filed a lawsuit against the Republican Party Of Virginia:

The only reason the Virginia Republican Party checked the signatures for validity for the current primary is that in October 2011, an independent candidate for the legislature, Michael Osborne, sued the Virginia Republican Party because it did not check petitions for its own members, when they submitted primary petitions. Osborne had no trouble getting the needed 125 valid signatures for his own independent candidacy, but he charged that his Republican opponent’s primary petition had never been checked, and that if it had been, that opponent would not have qualified. The lawsuit, Osborne v Boyles, cl 11-520-00, was filed in Bristol County Circuit Court. It was filed too late to be heard before the election, but is still pending. The effect of the lawsuit was to persuade the Republican Party to start checking petitions. If the Republican Party had not changed that policy, Newt Gingrich and Rick Perry would be on the 2012 ballot.”

 

The difference is no mere detail:

“In other words, prior to this year, the RPV was allegedly not really checking the signatures submitted for validity. As long as a candidate submitted the raw number(s) required then they got on the ballot. The Democratic Party of Virginia apparently follows the same process and has not held its candidates to the high standard that the technicalities of the law require. Since the State Board of Elections relies entirely on the political parties to determine who is eligible for the primary ballot(s), this is apparently entirely legal. It does, however, make one wonder if other candidates would have found themselves in a similar situation in the past had their petitions been given more than a cursory examination.”

A reasonable question.

Further reinforcing the point, the Republican Party of Virginia itself has represented these rules as new. Here is the official party statement on the ballot dispute, quoted again:

“In October 2011, RPV formally adopted the certification procedures that were applied on December 23.”

 

Maybe something hinges on that word “formally.”

 

Whatever the outcome, the defendants in the GOP lawsuit have made the history of the rules part of the grounds for their appeal. As the defendants told the appeals court,

“The presidential primary is scheduled for March 6. Two candidates met the statutory requirement of filing 10,000 valid signatures, including at least 400 from each Congressional district. In past elections, there were larger slates of candidates who have met the Virginia statutory requirement and were included on the primary ballot.” [emphasis added]

 

On its face this sounds like a telling argument. Surely it becomes less telling if it turns out to be inaccurate.

Rick Perry lawsuit moves forward, Virginia ballots delayed

2012 Rick Perry Virginia lawsuit, 2

Rick Perry lawsuit moves forward, Virginia ballots delayed

Perry

Texas Governor Rick Perry’s legal team won an early round in Virginia courts Monday. Federal judge John A. Gibney ordered all of Virginia’s local electoral boards to hold off on mailing out absentee ballots.

In a conference call, Judge Gibney ordered the Virginia State Board of Elections to send a directive to each local board to refrain from mailing out any absentee ballots until after a January 13 hearing on the temporary restraining order and injunction moved by the Perry campaign. Perry’s campaign is suing Virginia Board of Elections members Charles Judd, Kimberly Bowers and Don Palmer over Virginia’ rules restricting access to the presidential ballot for candidates.

As previously written, at issue are the Virginia rules, the most burdensome in the nation, that

  • Any presidential candidate, even a major-party candidate, who wants to appear on the ballot in the March 6 primary must gather 10,000 signatures of registered voters
  • At least 400 signatures must come from each of the 11 congressional districts
  • The signatures can be gathered only by people who themselves live in Virginia

The rules do not allow write-in candidates, in the primary elections. Be it noted also that the Board of Elections rules recognize only the Democratic and the Republican parties. Thus the 10,000/400 signature-gathering rules do not have the rationale of leveling the playing field for smaller parties or for nonaffiliated candidates.

Defendants Judd, Bowers and Palmer are appealing the January 9 order. They are joined by Virginia Attorney General Ken Cuccinelli, Solicitor General of Virginia E. Duncan Getchell, Deputy Attorney General Wesley Russell, and Senior Assistant Attorney General Joshua Lief.

Perhaps the rules should have been vetted with this kind of firepower before they were instituted.

Gov. Perry, Repubs gain ACLU support

On the plaintiffs’ side, the American Civil Liberties Union of Virginia has filed for permission to file an amicusbrief.

The ACLU position:

“The U.S. Supreme Court has recognized that the petition process is political speech that is protected by the Constitution and that the state can’t impose residential requirements on such speech,” said ACLU of Virginia Executive Director Kent Willis.

“Petition circulators must explain their candidate’s positions to the electorate, and persuade voters that the candidate deserves to be on the ballot,” added Willis.  “Reducing the number of available petition circulators by imposing a residency requirement limits this important means for candidates to get their message across.”

The ACLU brief argues that the residency requirement not only violates the free speech rights of candidates, but of petition circulators, voters, and political parties, as well.

“Non-residents who wish to circulate petitions for a candidate are deprived of the ability to do so,” said Willis.  “Voters are deprived of the information and ideas that these circulators would provide.  And the Republican Party is unfairly limited in its choices for a nominee when valid candidates are unable to obtain the required signatures.”

Perry’s lawsuit is joined by Newt Gingrich, Jon Huntsman and Rick Santorum. Michele Bachmann also joined in before dropping out of the race following the Iowa caucuses.

[update]

Local readers of the Washington Post have to find information about Perry’s Virginia lawsuit elsewhere. The print edition received in my county contained no mention of it this morning, although the online edition has two short AP items.

The edition of the paper going out to Prince George’s county must run off before midnight. The day after the Saints won the wild-card playoff against the Lions, bizarrely the WashPost sports section contained no mention of the Saints or of the game.

Live-blogging Iowa caucus day–Gingrich on incentive

Live-blogging the Iowa caucus coverage–

Time in a bottle

12:51 They presented Newt Gingrich just now, speaking on the stump in Burlington IA, mainly railing against negative ads. How many of you here are fed up with all the negative advertising? he asked his audience, getting some hands raised up. –So go out and vote for me, and you will be casting a vote against negative ads, a vote that could change political campaigns in this country.

Noble sentiments. They come oddly from a guy who started the day and seized CBS’ attention, this morning, by repeatedly calling Romney a liar. To be precise, it was not Gingrich who used the word liar. He just (repeatedly) answered yes, when Norah O’Donnell asked him whether that was what he was calling Romney. Schieffer helped Gingrich dig the hole deeper, following up with that old eleventh-commandment question as to whether he would support Romney as the nominee. Gingrich said yes, leading to softball Qs as to whether he would really support a “bald-faced liar” as Schieffer put it. Still yes. Gave Gingrich another chance to say something disrespectful about Obama. These people are tiresome.

Back to Gingrich’s Burlington appearance–

Having stated his opposition to negative campaign ads and to donations in the millions from Romney’s millionaire friends, again, Gingrich segued to criticism of federal judges. They’re too strong, he said.

Again, he might be right in some sense. Federal judges can get away with a lot, including selective punishment and caving in to political pressure. (Something the right wing is none too shy to apply; ditto federal lobbyists.) Gingrich comes across as something of a macht haben recht type himself, though. Hard to see him as the right messenger.

Side note: It’s funny how few of these sanctimonious Christian-right-cultivating political candidates cite the Sermon on the Mount. Reminds me of Tim Tebow. A quick physical sign of his religion may have First Amendment protection. But there is nothing particularly devout about it. As all Southern Baptists were taught, following the Sermon on the Mount, it is best to pray in the privacy of your own closet.

The hypocrites, as the Speaker of the Sermon on the Mount pointed out gently and with mild urbanity, have their own reward. You–the genuinely devout–are seeking yours elsewhere.

Speaking of pieties, Gingrich also proclaimed today that he wants to “incentivize the work ethic.” He wants to incentivize invention, to incentivize innovation.

This is the kind of statement you get from a major party that seizes every opportunity to oppose

  • a living wage
  • raising the minimum wage
  • health benefits on the job
  • retirement benefits from working
  • prosecution for fraudulent managers
  • prosecution for endangering workers’ lives
  • prosecution for Wall Street executives
  • limiting bonuses for malperforming executives
  • education in music and mathematics
  • support for the arts and letters at every level
  • physical education and healthful exercise
  • Et cetera

Gingrich, of course, puts it differently. In his spin, the other party–the Democrats– “want to take money from everybody who’s successful to give to everybody who’s failed.” Possibly his term ‘failed’ refers to everyone who has been foreclosed on after unemployment, and in turn everyone who has become unemployed as a result of the worsening economy.

It is beyond incredible that our publishing industry rewards this kind of Orwellian claptrap with mega-bucks book contracts, and that our infotainment industry rewards it with mega-bucks speaking engagements.

In Gingrich’s particular case, the buzzwords innovation etc probably his ongoing willingness to accept money from Big Pharma, which has a vested interest in preventing prescription medications from (ever) becoming generic and thus affordable.

Gingrich and Bachmann in particular seem to share Gov. Branstad’s penchant for using stump appearances and interviews as communiques for potential donors.

Not illegal, just unsavory.