Subject: Re: [EL] Latinos for Voter Suppression of Other Latinos? |
From: Jeff Patch |
Date: 10/19/2010, 8:48 PM |
To: 'Rick Hasen' <rick.hasen@lls.edu> |
CC: 'Election Law' <election-law@mailman.lls.edu> |
As I noted to Rick, I was simply acknowledging the racial
sensitivity of the issue, not accusing Rick—who is a fair and above-board
guy—of calling me a racist.
Rick seems to be splitting hairs. My point responding to David
Epstein was that the group was headed by prominent Hispanic conservatives.
Yes, I could have been more precise. de Posada seems to be an earnest person
who has been involved in politics and immigration issues for a long time. If
Karl Rove formed a group and ran ads in various states called “Latinos
for Reform” urging Hispanics not to vote, the voter suppression charges
would be more salient.
Many people who care about gay rights and donate to LGBT groups
are not gay, yet their support is not suspect because of that. There are
legitimate arguments about the timeliness of disclosure, but the notion that
this guy is some sort of shill because he accepts donations from non-Hispanics
seems like a great example to me of why people are concerned about balancing
the retaliatory costs of disclosure with its informational benefits.
From: Rick Hasen [mailto:rick.hasen@lls.edu]
Sent: Tuesday, October 19, 2010 11:40 PM
To: Jeff Patch
Cc: 'Election Law'
Subject: Re: [EL] Latinos for Voter Suppression of Other Latinos?
First and foremost, Jeff, I
don't consider you to be making a racist argument at all. So let's
take that off the table.
Why does it matter if there are not a lot of Latinos involved with the group,
and if its largest supporter in 2008 was apparently not a Latino? It is
because the group is called "Latinos for Reform," which implies there
are a group of Latinos behind it. I'm skeptical. And given the
slowness of disclosures of 527 organizations, we'll have to wait a while to
find out. It was also relevant when, in response to David Epstein, you
described the group as one of "prominent Hispanic
conservatives." Not sure that's the case.
But this is yet another great illustration in my view as to why full, complete,
and quick disclosure (except in cases of as-applied exemptions) is so
important. As I've argued on many occasions, busy voters care not only
about the message but about who is sending it. And if it turned out that
"Latinos for Reform" was mostly a bunch of white pro-life Republicans
from out of state, Nevada's Latino voters might judge that message differently.
And I'd like to think I'd be making the same arguments if a supporter of Harry
Reid urged some people not to vote.
Of course, the irony is that this election may be influenced by how many voters
(who dislike both Reid and Angle) choose "none of the above."
On 10/19/2010 8:29 PM, Jeff Patch wrote:
[responding to various posts]
I was hesitant to even make this argument because I was
concerned people would perceive it as racist. Nonetheless, it seems like this
group is being unfairly tarred, and to assume a group of Republican Hispanics
is racist because they seek to target their fellow constituency seems unfounded.
I take the leader of the group at his word when he says he does
indeed intend to sway voters not to vote (though he’s not likely to be
successful). Nonetheless, I know nothing about the guy, Robert de Posada, beyond
what I’ve read about him via Google, even though his post office is
four blocks away. He may turn out to be shadier than I thought. Univision
seemed to think he was legitimate enough to bring on relatively frequently as a
commentator.
I should have been more clear that the leaders of the group were
foolish at best if they didn’t anticipate this controversy. I’ve said
the ad would have been more effective if it urged a different method of voting
protest, such as a write-in, but I think Rick is probably correct that this is
about publicity for the group (and it has certainly amplified its reach from a
$150K buy on a Hispanic TV network).
As to Lori’s comment that voter suppression can be
effective in close races, I don’t dispute that. However, I’d argue
that this ad is just as likely—if not more likely—to increase
turnout among Hispanics (and Democrats) due to outrage over the ad.
I’m not sure what’s remarkable about Rick’s
information about the funders of the group. A lot of Republican consultants
involved with IEs have been tarred with guilt-by-association links to the
SwiftBoaters and the guy is a former
colleague of Dick Armey and a former director of Hispanic affairs at the RNC.
Regarding Rick’s question as to whether or not I have the names of any of
the other Latinos for Reform people, I do not, nor do I really understand why
that’s relevant (along with Rick’s observation that a
donor—Finn—does not seem to be Latino). Plenty of Republicans are
concerned about liberalizing immigration laws, and I doubt Rick would care if
some wealthy, white liberal gave money to a liberal immigration group focused
on Hispanics.
I’m not really all that familiar with election law beyond
campaign finance, but it seems to me that the justification for banning people
from paying others not to vote is similar to the justification for banning
people from paying people to vote. Nonetheless, urging
people to vote is encouraged (I’m not saying urging people not to vote
should be encouraged, just that it’s understandable as a protest and
seems much different/less objectionable than paying people not to vote). The
pernicious thing about paying people not to vote is that it offers a powerful,
tangible incentive, even more so to the poor, not to vote. Urging someone in an
ad to do this provides no such incentive, which was my point—that such
IEs as this are not corrupting or even all that persuasive.
If the ad had been a spot from a fringe liberal group urging
Nevadans not to vote because Harry Reid has failed on immigration issues and
Sharron Angle is batshit crazy, barely anyone would have batted an eye.
Nonetheless, an ad from a Republican group with the exact same message,
micro-targeted in a pretty basic way, has ignited a national controversy.
Jeff
From: Rick Hasen [mailto:rick.hasen@lls.edu]
Sent: Tuesday, October 19, 2010 10:51 PM
To: Jeff Patch
Cc: 'Election Law'
Subject: Re: [EL] Latinos for Voter Suppression of Other Latinos?
I don't have time for a full
reply now. But let me confirm that yes, indeed, I meant astounding in a
decidedly negative way. I'd have to go back to look, but I believe that
every state's voting law makes it illegal to pay people not to vote. That
law seems to reflect a broad social consensus against paying to suppress
turnout. (In contrast, state laws are mixed about payment for
turnout.)
Just like it is illegal to pay people not to vote, it seems objectionable to
urge people not to do so---and even worse when it is targeted at a particular
group of people.
As far as whether someone of a particular race or ethnicity could be
biased against that very same race or ethnicity, certainly that's the case with
some people.
I think you are on more solid ground when you say that this ad is not likely to
sway many voters not to vote. But that certainly seems its intent.
(That, or getting publicity for the group or person running the ad.)
On 10/19/2010 6:25 PM, Jeff Patch wrote:
Rick refers to the message of the rejected Latinos for Reform
ad, which urges Hispanics to stay home in November in protest of the
Democrats’ lack of action on immigration reform, as
“astounding.”
My interpretation of his comments is that he perceives this
proposed ad campaign as “astounding” in a decidedly negative way,
akin to vote suppression by passing out flyers in an African American
neighborhood with the wrong Election Day listed. Perhaps I’m wrong, but I
got that impression from the link he selected, which referred to the ad as an
effort to “suppress the vote of various racial minorities.” Sen.
Majority Leader Harry Reid has also referred to the ad as “an example of “Hispanic
voter suppression.” A Las Vegas-based Hispanic group claimed that
“[t]hey are trying to take away our privileged right to
vote through scare tactics and fear mongering.”
Univision, a private business, has every right to decline to air
the ad, despite its dominant position in reaching Hispanic audience. A few
points/questions, though:
(1) The group is run by prominent Hispanic conservatives who
have been involved in immigration reform for years. It’s pretty hard to
see some sort of a racist motive here, no?
(2) The premise of this ad as a voter suppression tool
seems—like most efforts to characterize independent ads as somehow
corrupting or nefarious—to be that Latino voters are so gullible that
they can be lured by the ad’s Siren call into not voting.
There’s certainly no intent on the part of the ad’s
critics to imply that Latinos cannot decide for themselves how to vote, but the
suggestion that the ad is reprehensible implies that people are too dim to
decide political matters on their own when faced with controversial—or
even misleading—advertising. That strikes me as pretty condescending
toward the democratic process.
(3) Removing a potential racial motive, this tactic seems
perfectly legitimate. I’m a libertarian. In 2008 I did not vote, partly
because of an absentee ballot snafu. But I ended up not remedying the mix-up
because I was frustrated with McCain’s general election campaign even
after spending three months volunteering for the primary campaign in various
states. As a rational person, I’m aware my vote didn’t matter, but
I don’t understand why it’s illegitimate for a group to urge people
to not vote if a political party or candidate fails to act on their issues.
Perhaps this ad would have been less controversial if it urged
Hispanics to write-in someone or vote third party, but that’s a bit more
of a complicated message. But, I’m wondering if Rick would feel the same
way if, in 2012, NORML ran ads in California asking marijuana users not to vote
because no Democrats supported Prop. 19—or is there something
specifically objectionable about an ad targeting a certain ethnic constituency
of voters?
Jeff Patch
From: election-law-bounces@mailman.lls.edu
[mailto:election-law-bounces@mailman.lls.edu]
On Behalf Of Rick Hasen
Sent: Tuesday, October 19, 2010 12:11 AM
To: Election Law
Subject: [EL] Electionlawblog news and commentary 10/19/10
That's the astounding
message of an
ad from "Latinos for Reform." Here's
an NPR story on the group from 2008. Here's
the group's press release about the new ad. The most
recent filing of this 527 organization is not illuminating. Here's
some 2008 financial information.
Posted by Rick Hasen at 09:01 PM
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Rick Hasen
William H. Hannon Distinguished Professor of Law
Loyola Law School
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--
Rick Hasen
William H. Hannon Distinguished Professor of Law
Loyola Law School
919 Albany Street
Los Angeles, CA 90015-1211
(213)736-1466
(213)380-3769 - fax
rick.hasen@lls.edu
http://www.lls.edu/academics/faculty/hasen.html
http://electionlawblog.org