Balloon Juice ? Can ordinary people get some legal protections ...

by Kay

Soonergrunt wrote that O?Keefe and his co-conspirators may have violated federal law by impersonating people who had recently died in New Hampshire, but it looks to me like they violated state law, too:

Here?s the process for obtaining a ballot in New Hampshire:

1.A voter shall announce their name to the Ballot Clerk.
2.The Ballot Clerk shall repeat the name loud enough for the voter and any challengers to hear.
3.The Ballot Clerk shall search for the voter?s name on the checklist.
4.If the Ballot Clerk finds the voter?s name on the checklist, the ballot clerk shall put a checkmark next to the voter?s name, and again, repeat the voter?s name.
5.The Ballot Clerk shall state the voter?s address.
6.If the voter?s address has changed and is still within the town or ward, the Ballot Clerks shall change the address in red on the paper checklist.
7.The voter should confirm the name and address with the Ballot Clerk.

I viewed the video but it is chopped up so it?s (of course) not reliable and shouldn?t be considered fact. Presenting this as fact is unfair to the ordinary people depicted in the video, because their statements and actions are taken out of sequence and sections are omitted. Presenting this as fact is unfair to readers or viewers for the same reasons.

In any event, I don?t know if they violated state law, because I don?t know what they (actually) said and I don?t know what the pollworker (actually) said, but here?s some New Hampshire law:

659:34 Wrongful Voting; Penalties for Voter Fraud. ? I. A person is subject to a civil penalty not to exceed $5,000 if such person: (a) When registering to vote; when obtaining an official ballot; or when casting a vote by official ballot, makes a false material statement regarding his or her qualifications as a voter to an election officer or submits a voter registration form, an election day registration affidavit, a qualified voter affidavit, a domicile affidavit, or an absentee registration affidavit containing false material information regarding his or her qualifications as a voter; (b) Votes more than once for any office or measure; (c) Applies for a ballot in a name other than his or her own; (d) Applies for a ballot in his or her own name after he or she has voted once; (e) Votes for any office or measure at an election if such person is not qualified to vote as provided in RSA 654; or (f) Gives a false name or answer if under examination as to his or her qualifications as a voter before the supervisors of the checklist or moderator. II. A person is guilty of a class B felony if, at any election, such person purposefully or knowingly commits an act specified in subparagraph I(b). A person is guilty of a class A misdemeanor if, at any election, such person purposefully or knowingly commits any of the other acts listed in paragraph I.

We?ll see if this is pursued and anything comes from it. I certainly hope so.
I?m wondering how the families of these recently deceased people feel about conservatives using their family member names in this manner. Anyone is fair game for the media professionals at the Daily Caller or Andrew Breitbart, apparently. They?d use any one of us like this. Ordinary people in New Hampshire, going about their business in good faith, and conservatives swoop in and use them as political pawns and to promote their own careers. It?s absolutely disgusting. This isn?t truth to power. This is paid conservative hacks harassing ordinary people who don?t have a godamnned dog in this fight and didn?t agree to be conscripted into the Right Wing Army. The Brave Men of Conservatism don?t mind some colateral damage to civilians when waging their war on voting.

I hope major media, including the New York Times, are proud of themselves for caving to pressure from conservative activists and donors and promoting and marketing this scumbag who poses as a ?journalist?. They created him, by presenting his carefully orchestrated and edited video ?stings? as fact, never mind that doing so smeared and defamed the low-level ACORN workers who were used in the videos. I guess it will now be up to law enforcement to protect ordinary people from Right wing celebrities and media outlets.

January 12, 2012 10:37 am Posted?in:?Assholes ?74 Comments

Source: http://www.balloon-juice.com/2012/01/12/can-ordinary-people-get-some-legal-protections-from-conservative-celebrities/

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