ACORN Smears Setting the Stage for Possible Post-Election Lawsuits

by: Bertha Lewis

Mon Nov 03, 2008 at 20:30


With an historic Election Day coming tomorrow, it is increasingly clear that the McCain-Palin campaign’s ACORN-voter fraud endgame may be to use their relentless attacks as a justification for a wave of legal challenges to close election results in key states. Over the weekend, McCain-Palin campaign manager Rick Davis made the rounds of the Sunday news shows claiming that polls showed McCain “structurally tied” in New Mexico, Colorado and Nevada. Never mind that, as SilentPatriot at Crooks and Liars points out,

“In Nevada, Barack Obama leads in the last eight polls, with a margin between 4 and 12 points.

In Colorado, excluding John Zogby's garbage internet polls, Barack Obama has lead in every single poll taken since the end of September. What's more, the most recent PPP poll has him up a staggering 10 points.

And in New Mexico, Obama leads in every poll since the second week in September. The last four polls average out to a 10.5 [point] Obama lead.”

Campaigns historically make claims of pushing towards victory on the closing weekend before an election, but the McCain-Palin campaign and the Republican National Committee have been engaged in six weeks of smears and attacks on ACORN’s record-breaking voter registration work, all part of a coordinated effort to cast doubt on the integrity of the election. Where this is headed on the flip.

Bertha Lewis :: ACORN Smears Setting the Stage for Possible Post-Election Lawsuits

As Wade Henderson, President of the Leadership Conference on Civil Rights told the New York Times on October 26th: “There is a real concern that the courts will be asked once again to weigh in on tight races where the losing party may seek to raise real questions about the legitimacy of the vote…You can’t help but conclude that this is an effort to lay a foundation for a subsequent challenge to an Obama victory, should it occur.”

Two weeks earlier elections expert Rick Hasen at Loyola Law School said something much the same in the Huffington Post,  “For the last three elections, Republicans have been ramping up cries of voter fraud as a way of undermining the legitimacy of the election results should they not turn out in their favor...”

And just last week, the Washington Independent reported, “Even when the challenges fail, Republican officials persist in their claims of voter fraud in what appears to be an effort to lay the groundwork for challenging the outcome of Election Day.”

But even Ronald Michaelson, member of the McCain-Palin “Honest and Open Election Committee” admitted over the weekend to The Politico,

  

“‘Do we have a documented instance of voting fraud that resulted from a phony registration form? No, I can’t cite one, chapter and verse,’ he said.… Asked whether his own party was responsible for fostering that perception, Michaelson said, ‘Well, it doesn’t help. It has captured the attention of a lot of people.’ Why do it, then? ‘Maybe it’s because there’s nothing else to talk about,’ he said.’”

 

So where does that leave us? Adam Serwer, writing in The American Prospect (and also a blogger over at Jack and Jill Politics) notes that these accusations allow “the conservative media machine to cast doubt on the results of the election should Barack Obama win.” In other words, these attacks are a prelude to a concerted effort by conservatives, the GOP, and the McCain-Palin campaign to manufacture an “election integrity” crisis and use that pretense for a possible all-out fight to contest tomorrow’s results.

Progressives must be ready to fight back. This election has brought millions of new voters into the process and energized millions more who have sat out previous opportunities to make their voices heard. The franchise itself is a right secured with the blood freedom fighters from past generations.

Millions of low-income people, people of color, and young people are reshaping the American Electorate. We cannot, indeed, we must not back down from any attempt to undermine the integrity of the election process itself through crises manufactured out of the whole cloth of baseless attacks on voter participation programs targeted towards underrepresented populations groups.

We are on the cusp of history and we owe it to ourselves and the people who came before us to ensure that this election reflects the will of the people.

Election protection resources and information for Election Day can be found in several places, including 1-866-OUR-VOTE, the Election Protection Wiki, and vote411.org.

 

*A fantastic thing about the Netroots is how great minds think alike. As I was composing this post today, two other folks jumped on this topic: David Neiwert at Crooks and Liars and John Aravosis at AmericaBlog, so I wanted to make sure people saw their posts as well.


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I'm hoping the margins are large enough (0.00 / 0)
to make any post-election lawsuits look like "sore loser syndrome". And I'm positive that the Obama campaign will fight tooth and nail against this stuff.

Just as public pressure forced Hillary to quickly concede soon after the hard-fought primaries, John McCain will have to concede if he comes up short. The real nightmare is if we have a Florida 2000 situation, or a 269-269 electoral college tie.

By the way Bertha, saw you on the Daily Show and you were great!


Fighting back is great, but (0.00 / 0)
how do we play offense on this?

By, for example, connecting the dots between Rachel Maddow's 'Time Tax' and Republican efforts to undermine the voting infrastructure. Well, I don't know--what can we do?


Civil suits and legislative investigations (0.00 / 0)
Until the Obama DoJ--civil and voting rights division--gets fired up and ready to go.

I can't imagine him not making this a top priority.

And let's not forget that 2010 is a census year--redistricting gone wild!

"Those who stand for nothing fall for anything...Mankind are forever destined to be the dupes of bold & cunning imposture" -- Alexander Hamilton


[ Parent ]
If we get Gallup-like numbers in the popular vote... (0.00 / 0)
...then no one is going to listen to them whine.  Acorn registered 1.2 million voters... That's an easy margin to beat.... less than 1% of the votes expected to be cast tomorrow...

The only possibility that this makes any headway outside of Fox News is if there is only one decisive state and it's won by like 1% of the vote or something...

REID: Voting against us was never part of our arrangement!
SPECTER: I am altering the deal! Pray I don't alter it any further!
REID: This deal keeps getting worse all the time!


I doubt it (0.00 / 0)
They may try to cheapen our victory by making such allegations, but I think the idea of widespread lawsuits is farfetched (if certain states are close enough, they may request recounts, but that's it).  The factual circumstances in Florida in 2000 were unique in that there was an official result which was being contested by virtue of a recount that used a controversial methodology, and which did not take place statewide but within a small geographic region.  Unless the election comes down to a single state, or possibly two states, I see very little likelihood that this would go to the courts, or even an arguable basis for it to do so.

believe me (0.00 / 0)
the repugs show little class in victory and class isn't even an option or thought in defeat, scorched earth is their mantra and civility isn't in their vocabulary.

I'm more concerned about Republican election fraud (0.00 / 0)
than about Republicans suing over supposed Democratic voter fraud. I'd be quite happy if they sued because it would be easy to demonstrate that their accusations are bogus.

The question is: how do we acquire evidence of Republican fraud if they hack the computers to give themselves the win? This is possible because Diebold's GEM tabulation software is used in 34 states. We need to be prepared to publicize evidence of statistical anomalies in the voting and to prevent early acceptance of the vote as legitimate.


New Yorkers, (4.00 / 1)
Vote for Obama on row E tomorrow! Bertha rocks hard, as does ACORN and WFP. So does fusion voting.

Use it.


It's time:the albany project.


If by "fight", you mean (0.00 / 0)
aggressively and defiantly challenging them to come up with credible proof that there was voter fraud in sufficient numbers to steal the election--if at all--then sure, we need to fight this. But we also have to be careful to not give such rediculous accusations too much of an air of credibility by responding to them beyond what is necessary, in the form of such a challenge to put up or shut up. They want us to engage them on this. I say we don't, beyond what's necessary. The base--who are beyond our ability to reason with them anyway--will lap it up, but the rest of the country will just see them for the pathetic losers that they are.

"Those who stand for nothing fall for anything...Mankind are forever destined to be the dupes of bold & cunning imposture" -- Alexander Hamilton

any chance we can have a div id for bertha? (0.00 / 0)
her habitual lying while she was in NYC was so offensive that I'd like to ad block her posts if I could. i know this will make some think me a sour person. so be it, but her reputation is her fault, not mine. I simply can't stand seeing her name regularly on the front page, i'd just assume script them right out of my version of reality, which a div id would let me do.

send a big kiss to your billionaire buddy Bloomberg for me Bertha.

Michael Bloomberg, prince of corporate welfare


libel lawsuit (0.00 / 0)
it seems to me that the smears against ACORN have been so false and so specific as to be actionable.

my conservative grandmother in law believes this election is being stolen by dems... (0.00 / 0)
... despite being a well above-average news consumer, and an NPR listener.  She lives in MN near the ND border (near Fargo).  Her husband is super GOP and former AirForce.  

They are both absolutely wonderful, smart, caring, good people.  But they have a narrative of the world they believe in, and it makes them prone to believing outrageous things they hear on talk radio, or via right-wing chain-letter emails, or that are implied between the lines on Fox.  

She has conflated the fraudulant (and somewhat unavoidable) voter registrations , with actual ballots cast and when she hears about this historic turnout and early voting she assumes that it's all people voting twice, people being paid to vote multiple times, dead people and pets voting, and she's most upset about all the illegal immigrants who are voting in this election for Obama.  

She's staying with my partner and I (our first daughter was born on Halloween... so she's one of the two family members we invited here) but with the election a perpetual topic of conversation things are a little tense.  

I'm with existenz's comment,

I'm just

hoping the margins are large enough to make any post-election lawsuits look like "sore loser syndrome."

and any doubts about who won to be quickly dispelled.  

Happy election day everyone!


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