(10-31-2014, 01:23 PM)CTcard link Wrote:[quote author=washingtonismoney link=topic=11019.msg104001#msg104001 date=1414770455]
[quote author=CTcard link=topic=11019.msg103998#msg103998 date=1414769432]
Is there anything illegal here?
http://talkingpointsmemo.com/dc/montana-...professors
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Thanks for the link.
It appears there are four legal complaints:
1. violating the code that prohibits use of any 'fraudulent contrivance' to compel anyone to vote a certain way.
2. violating a code that prohibits one from disseminating misleading information about election procedures.
3. not registering with the Commissioner when engaging in political activities.
4. impersonating a public servant.
#1 and #4 appear to be using the seal of the state of Montana - which I guess by itself isn't illegal since it's not listed in the complaint.
On #2 I'm not sure what the procedures referred to are - probably something about a non-partisan election.
#3 might be a difficult judgement call.
It does seem the primary issues are those arising from the use of the seal.
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1 actually includes fraudulently inducing someone to vote or not vote. The only thing they could really say is fraudulent is using the state seal. It's a bit of a stretch to say it's fraud. The mailer clearly states that it's from researchers with an address in California.
Don't see how this could possibly be 2. The mailer doesn't make representations about election procedure (unless they are stretching "take this with you").
3 is a possibility. They probably didn't register. Whether this is political activity would depend on the definitions in the statute. "Social welfare" organizations do this all the time without being declared political under federal law. However, state law may be different.
4 is a stretch. Although they should not have used the state seal, the mailer clearly discloses that it's from Stanford and Dartmouth researchers. I don't think that a reasonable person would be fooled. Of course I'm the type who goes first to the funding line whenever I get something that looks vaguely political. The typical person may not read it that way.