Robocalling WVWV lied to NC officials

Women's Voices Women Vote, the non-profit at the center of the North Carolina robocall scandal, lied about sending a letter to the North Carolina Board of Elections. They also lied to the entire blogosphere about a press release they claimed to have sent out to North Carolina media explaining their voter registration form mailing.

The question is: Why?

WVWV has been engaging in a cover up campaign to hide the fact that it never informed anyone in North Carolina about the mailings it's sending to residents in the state. (They are pointing to these mailings--which they send out regularly around the country--to demonstrate that there was nothing nefarious about their robocalls. They're just trying to increase the return rate of their mailings, they claim.) You can see my Daily Kos diaries here and here to get more details.

The Board of Elections letter

As part of that cover up, on Wednesday, April 30, Page Gardner circulated a statement/apology to a number of bloggers (also posted on Huffington Post) to which, as "proof" that WVWV had been upfront about its actions with the North Carolina media, she attached a letter to the NC Board of Elections and a suspiciously undated press release. This statement and the attachments, along with statements of support from various progressives, seem to have gone far in tamping down the controversy.

Specifically, she wrote:

"In advance of the mail, a letter was sent to Gary Bartlett in the North Carolina Board of Elections Office. A copy of the letter and a press release sent to North Carolina media announcing the registration effort is attached." [Emphasis mine.]

As "proof" that they had sent this letter to the Board of Elections, they provided a .pdf copy of a fax with a timestamp of Monday, April 28. (Note: TPM Muckraker posted a copy of that fax; they've since replaced the fax version with an easier-to-read pdf version of the letter, with the WVWV logo in color.)

That letter to the Board of Elections was dated Thursday, April 24 (the date the robocalls started) explaining that WVWV's registration was for the general election, not the upcoming primary. It claimed that WVWV was entirely aware of the confusion that might result from the fact that the primary mail-in registration deadline had passed. It also said that the mailing "will arrive in homes during the week of May 1st." (Which is bizarre, since May 1 was a Thursday. Why not say "the week of April 28"?)

This letter has been used by, among others, Salon.com's Alex Koppelman to demonstrate WVWV's pre-controversy competence and understanding of NC's unique registration situation. (The Board of Elections has acknowledged receiving the fax.)

It turns out, based on a conversation I had this morning with Gary Bartlett, the NC Board of Elections director, that they lied about mailing that letter.

On Thursday, May 1, NC Board of Elections attorney emailed local voter activist Joyce McCloy to say that they had not yet received the mailed letter (they acknowledged having received the faxed version.) This morning, I called Gary Bartlett to see if it had arrived yet, and he said he had the letter on his desk - it arrived on Friday, May 2. I asked if he'd checked the postmark on the letter, and he hadn't, but he did so just then.

The letter was postmarked on Wednesday, April 30.

So they lied to an official state agency, after an investigation by the state Attorney General had commenced. They created a letter on April 28, back dated it to April 24, in order to allay suspicion that they were behaving incompetently or nefariously. This is something close to obstruction of justice.

[Note: WVWV put up Page Gardner's statement on their website and, after a couple of days, realized that there was no link to the letter or press release, even though the statement said both were "attached." So they repeated that sentence at the end of the page and provided links to the letter and press release. Oddly, the link to the letter is broken as of Monday, May 5, 6:53 p.m. CDT.]

The press release

Then there's the press release they attached to Gardner's statement, which answered many of the concerns that people had about the timing of the North Carolina voter registration form mailing - including the fact that the primary mail-in registration deadline had passed, and which stressed that people could still register in person during early voting, which ended just this past Saturday, May 3. Oddly, no NC media outlet had picked up on this release, even after the controversy had begun to explode!

The reason I was most suspicious about the timing of the press release is that it was UNDATED. This, simply, is NEVER done. Moreover, the press release had too much conveniently exculpatory information from a group that had clearly botched their NC efforts all the way around. Were they really that on the ball? No.

It was obvious to me that this press release was intentionally left undated to cause confusion as to when it might have been sent out. Calling it "a press release sent to North Carolina media announcing the registration effort" suggests that they'd been ahead of the game, right? Like they'd sent it sometime around April 24, like the letter. Right?

Wrong.

In fact, since Friday, WVWV has finally dated their press release. The date they used? Monday, April 28 - AFTER the robocalls had started, AFTER the Board of Elections started their investigation into the calls, and THE SAME DATE the press started asking questions about the provenance of those calls.

I posted many comments on various blogs about the suspicious nature of the press release. The fact that it was undated and the fact that it wasn't posted on their website's list of press releases was all the proof I needed that it was an after-the-fact FAKE press release.

Then, last night, when writing my Kos diary about the NC press release and a bizarre planted article in the Craig, Colorado newspaper, I noticed that their press release website had changed. They added the press release this weekend, put a date on it, and put it in chronological order below their statement of support by William McNary, in order to make it look like it had been been there all week.

Fortunately, I have as proof a screen capture of their Press Release page as of Friday, May 2:

old WVWV press release

And here's the press release page as of Monday, May 5:

new WVWV press release page
As you can see, they added that press release over the weekend as part of their cover up. They are attempting to create a "paper trail" to make it seem that they'd been ahead of the game in NC when, in fact, they weren't even close. But they left tracks.

Why?

The question is - why? Why put all this energy into their cover up if they don't have anything to hide?

Even if they're merely hiding their massive incompetence, it's proof of the adage that the cover up is worse than the crime. Their Board of Directors must take immediate action to demonstrate that they take this deceitful and incompetent behavior seriously. There is sufficient evidence now of the lies and cover up, not to mention their appalling behavior in state after state. This is a group that gets more attention for its fuck ups than for its good works. The board must act. It's just too bad they refused to take remedial action for their confusing robocalls before early voting in NC was over.

In sum, by including details about NC registration dates that they had shown complete disregard for in their actual mailings and in the robocalls, WVWV's letter and press release were tailor made for those who doubted WVWV's good word.

We were right to doubt.

Oh, and one last note. As has been pointed out numerous times, neither the press release nor the Board of Elections letter include any information about the robocalls, which is what everyone was concerned about when they created them. They still haven't been able to explain away that major omission.

For those interested, here's the screen capture of the undated press release:
undated press release

5
NCenvtl's picture

Good Job

Great work. This should be front paged.

We're going to see all sorts of crap like this in the general

Constant vigilance is the order of the day.

Pam Spaulding's picture

Facing South's investigative work

Chris Kromm and Sue Sturgis, the ace investigative journalists who have been taking a lot of progressive heat for continuing to dig into WVWV, have this up at Facing South: Our voting rights investigation: Where does it stand? A snippet on the partisan bickering from the left:

We find it odd that some have criticized Facing South, NPR, the Center for Investigative Reporting and others for documenting the connections between Women's Voices and the Clintons. When a right as fundamental as voting is at stake, we believe the public is entitled to know all of the evidence. No group, no matter how well-connected or well-intentioned, should consider itself above scrutiny. If anything, groups like Women's Voices have a special obligation to ensure their efforts safeguard voter's rights and avoid the appearance of impropriety.

And that's the truth.

--
Pam Spaulding
Durham, NC USA

Pam's House Blend
www.pamshouseblend.com

thanks. Here's WVWV fax (as emailed to me by SBOE)

How can anyone believe anything at all that WVWV says? We know for sure that african american voters can't trust their illegal robo calls.
Calls that told registered voters that they were not registered to vote.
Calls that were made smack dab in the middle of early voting for our primary, April 24 & 25.

I didn't trust WVWV's claim that they had contacted NC's State Board of Elections, so I emailed Don Wright, the General Counsel on Wed Apr 30, 2008.

Don Wright replied early the very next morning. His email had attached a copy of WVWV's fax. I've got it on my website here

According to Don Wright, this letter was faxed to the NC SBOE on Monday, Apr 28 at 5:50 PM. (4 days after robo calls). If you look at the fax, you will see the fax machine time agrees.

WVWV had typed the date of Apr 24, 2008 on the top of the letter/fax.

WVWV's letter advised the SBOE that WVWV mailings with voter registration forms - would arrive in NC homes during the week of May 1. (Already mailed).

#
Don Wright advised that the SBoE received the "snail mail" version of the letter on Friday May 2.

#

While other voter advocacy groups were encouraging voters to register at one stop sites, WVWV made no mention at all of this opportunity.

While the WVWV claims to have registered alot of voters, what evidence do we have of that?

And at what cost did they register any( if they did) voters?

How many people did WVWV disenfranchise, discourage and disrespect?

It seems to me that outsiders mistake our southern accent for gullibility and or stupidity.

one more thing

It looks like Jerome Armstrong's company is connected to the recent PR campaign that I am not particularly happy about. Interesting to note that he hasn't mentioned the connection in his blog. He also took down from the Rec list a diary about the WVWV situation last week (for being "racist").

report voting probs or deceptive robo calls

Call 1-866-OUR-VOTE if you experience any problems voting on Election Day. You will get a live person who can assist you. 1-866-OUR-VOTE is the only national voter assistance hotline staffed by live call center operators trained to provide state specific assistance to all voters.

Call 1-866- MY-VOTE-1 to report your voting experience/problems or to find your polling place.

Also, there's an online form to submit your voting problems/story at my website, these reports are reviewed by Voter Action and Voter Story

Pam Spaulding's picture

progressive defense of the actions of WVWV

I said this over at my pad about the situation.

What seems to be difficult to swallow is that an organization has, like it or not, engaged in the illegal robo-calls in multiple states that affect a specific slice of potential voters. And as Facing South pointed out, in North Carolina, it occurred yet again. An unknown number of low-information minority voters are left confused, and possibly deterred, from voting, whether or not it was ineptitude by the organization.

We should hold our organizations to an extremely high standard. Blacks (and whites) died to ensure that blacks had right to vote in the South; the call for further public investigation is both necessary and relevant to 1) get to the bottom of the illegal calls and 2) reassure voters that this cannot happen again. I don't care who is on the board or running the org, or how much good work was/is being done by WVWV in other arenas, if this were a Republican-run organization, we'd be tearing it to shreds.

If silence on this for "the good of the party" is more important than investigating a illegal practice affecting an individual's right to vote (on purpose or repeatedly by mistake), it's a sad state of affairs. Just because the Republicans do it more, or have a more systematic interest in doing it doesn't change the fact that this was wrong on so many levels -- and airing dirty laundry is the least of the issues in my mind. Apologies are meaningful, but given the spotty history of WVWV robo-calls, there is a stench still in the air, and that's why the investigation is moving forward.

There seems to be an undercurrent out there that registering more voters, particularly single, low-information women of all colors using illegal methods multiple times (why didn't WVWV care enough about its rep to clean up its "administrative problems" after so many official red flags?) is worth the potential result of confusing an unknown number other, low-information voters in a way that could deter them from voting.

WVWV could have as an emergency corrective measure, embarked on a second set of robo-calls to inform those voters that they received incorrect or confusing information; that seems like a logical thing to do. The action taken, to try to stop the mailing of the registration packets, does little to directly inform call recipients waiting for those packets to arrive to fill them out and send back before voting.

Chris Kromm and the Institute for Southern Studies dove into investigating this robo-call not knowing what they would find. ISS continued to dig regardless of the organization and made those results public. When wagon-circling occurs because of bruised egos on our side takes precedence over focusing on those targeted by the robo-calls, many belonging to a demographic historically disenfranchised time and again, it's problematic. If we're going to say every vote must count, then we have to mean it.

What I fear most is that this WVWV debacle will unravel into a feminist vs. black issue (the underlying assumption that it is also a Clinton-supporter vs. Obama-supporter issue). The left has such discomfort dealing with color-arousal or race matters (not racism, mind you, since that word is nuclear), that it will largely go undiscussed because of fear of getting shocked by the third rail. Sometimes naming the unmentionable tension can clear the air, but it requires cool heads. We're in a world of intertubes hotheads on all sides of the equation, with raw nerves exposed.

--
Pam Spaulding
Durham, NC USA

Pam's House Blend
www.pamshouseblend.com

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