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My Left Nutmeg

CEP Cases - Documents Ahoy!

by: mattw

Sun Jul 18, 2010 at 12:07:47 PM EDT


(...FP'd by popular demand! - promoted by ctblogger)

As I've been working on these Citizens' Election Program posts (and one forthcoming on what a supplemental grant scheme would need to pass muster post-Davis v FEC), I've tried to do as much research and chase down as many original documents as I could. This has led me to PACER, the system by which the public can access electronic versions of most documents filed in the Federal courts.

PACER sucks. Not only do you need to sign up in a complicated fashion that requires either the immediate production of a credit card or waiting some period of time for a paper form to arrive in your mailbox (and, in my case, a call to the service desk where I talked to a very friendly customer service representative who was weirdly critical of my taste in sports teams), but you also have to pay per-page for every document -- including the search results that tell you whether or not there are any documents matching your request. To see if there have been any new documents filed in Green Party v Garfield, you have to pay 80 cents. A 100-page transcript will run you eight bucks, and there's no way to tell whether what's in it is what you were looking for before ponying up. And to go back to the list of documents will cost you another 80 cents. Ugh.

Anyway, as you can probably tell, I ran up a somewhat substantial bill in collecting all of this stuff, and if I'm the only person who ever has a chance to look at it, I'll cry. So I'm going to post up most of what I paid for, so anyone who's curious can flip through at their leisure. Consider it a mini-archive of liberated documents. You can see a list of files available in Green Party v Garfield here -- the first 403 documents -- and while I didn't get most of them, if there's something exciting that you know about that I missed, let me know and I'll consider letting the Feds spend a little bit more time with my credit card.

And, if you're interested in the somewhat obscure world of court document access policy, check out the RECAP site, a project (and browser plugin) to increase the availability of these kinds of files. Their front page has a lot of links to great resources and articles on the subject.

mattw :: CEP Cases - Documents Ahoy!


Green Party v Garfield I
Supplemental Declaration by Jeffrey Garfield
Supplemental Declaration by Charles Sauer, Common Cause CT - Documenting lobbyist contributions and influence
Response to Motion to Compel - ACLU - Complaining about the request for documents by Common Cause and other intervenors, saying that an investigation into lobbyist business practices is inappropriate.
Response to Motion to Compel - attorneys for Gaffney Bennett and Jay Malcynsky
Letter - From intervenor-defendants on the motion to compel / subpoenas that the various lobbyists refused to honor.
Proposed motion to compel - From Common Cause/CCAG, to compel documents from various lobbyists.
Standing Letter - From the state, asserting that the Green Party lacks standing.
Motion to Intervene - The State Republican Party wanted to climb aboard to defend the honor of our brave men and women with lobbyist laminates. (Incidentally, their attorney in this case is now representing Foley in his case to block Fedele's supplemental funds.)
Opposition to Motion to Intervene - Common Cause and CCAG say that the GOP can't intervene because it's after the deadline to do so.
Reply to Opposition to Motion to Intervene - The state Republicans disagree.
Ruling on Motion to Intervene - Underhill prevents the CT GOP from joining the case.


Green Party v Garfield II
Decision (file via CTNJ)
Declaration by Stephen Narain, ACLU - Contains many spreadsheets of public finance participation in both CT and AZ.
Bench Trial Transcript of Donald Green, Yale professor - Gerber and Green do a lot of good, in depth, quantitative research on the efficacy of voter contact, and was testifying as an expert on whether minor parties could realistically qualify for full grants by gathering petitions.
Deposition of Jon Green, WFP Executive Director
Transcript of 12/9/08 Bench Trial - Lawyers and the judge debating over issues and evidence.
Transcript of 11/6/08 Status Conference
Transcript of 10/10/08 Summary Judgement Hearing
Defendants' Local Rule 56 Statement - The SEEC et al objecting to many of the assertions in the Green Party's statement of facts. Actually pretty interesting.
Bench Trial Transcript from 3/11/09 and 3/12/09, Part 1 - Part 2 - Part 3 - Part 4 - Part 5 - Part 6 - Part 7 - Part 8: This is the main activity after the Davis v FEC ruling from 2008, so the discussion is the most on-point to the upcoming case (which hasn't been referred to anywhere as "Green Party v Garfield III," but I detect enough of a pattern to feel comfortable calling it that below.)
2nd Circuit Court of Appeals Docket Sheet - PACER doesn't let you get original documents from the 2nd Circuit (or at least I can't figure out how to get them), but here's the tantalizing list of what's on offer if you care to truck down to the NYC offices of the court, including amicus briefs from Arizona Free Enterprise Club's Freedom Club PAC, the Arizona Taxpayers Action Committee, the Center for Competitive Politics, a failed attempt by Friends of Susan 2010 to file an amicus brief (the Green Party challenged the committee's ability to file), a notice that Blumenthal was going to personally present the oral arguments, and more!
2nd Circuit Ruling Part 1 - On the CEP.
2nd Circuit Ruling Part 2 - On lobbyists and contractors.


Green Party v Garfield III

Conference Memorandum - Laying out the timetable for the new case, which could potentially vary when the Second Circuit's order comes down. (Yes, they ruled, but apparently there's a document which the lower court needs to receive that is needed to initiate certain new injunctions or other kinds of proceedings. I don't understand what that's about, really, but they do talk about it quite a lot.)


Foley for Governor v SEEC

Supplemental Memo in support of ex parte motion for temporary restraining order - Foley's documentation about why he thought a restraining order was necessary.
Conference Memo for scheduling ruling on the temporary restraining order
Complaint - Foley's Federal suit for a permanent injunction and declaratory judgment against the SEEC, Fedele/Boughton, et al.
Fedele brief for the TRO ruling
SEEC/State brief for the TRO ruling - Quoted in my post from the other day.
TRO Ruling from Underhill (c/o Capitol Watch, who must have gotten a copy from one of the candidates' lawyers, as PACER doesn't have it and the AG's office and the District Court Clerk's office shut down for the day before the ruling was finished).

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Matt,

As a law student I'm well aware of the costs of legal documents and the kind of messed up system they exist in at this moment. If it is any consolation he-who-shall-not-be-named (Sen. Lieberman) has taken up the opening up of PACER as a pet project (latest here). There have also been somewhat limited attempts to start to open up legal material from Google and fastcase.com. Otherwise PACER, WestLaw, and Lexis seem to be the only sources and they cost a pretty penny.

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The Law Is A Ass (0.00 / 0)
Thanks for posting all this. If I had a tall iced beverage and weren't due elsewhere I would be further along.

It is additionally interesting in light of how people seem to be gaming the system. I just heard some disturbing info about the Garcia fundraising that went on last week.

More to come but I would love it if a neutral party could investigate all these last minute $100 cash donations Garcia is rumored to have received. I thought everyone was using credit cards and checks? I've been helping to collect funds for candidates for several years and never once saw more than $40 cash from a donor.

As for Jarjura and the complaint filed against Lembo's CEP filing by a supporter of Jarjura...it just looks like harassment.



"I am not a Blogger...But I play one on the internet."


All CEP donations (0.00 / 0)
have to be accompanied by the correct form, which needs to be filled in with the person's name, occupation, address, etc.  

The SEEC will make sure all the qualifying donations (for every CEP candidate) are OK, otherwise they don't count toward qualifying.


[ Parent ]
Haven't heard (0.00 / 0)
that there is an issue with donations to Garcia's campaign.  I'd really like to hear more about this.   Is it being reported anywhere legitimate for which you can provide a cite, or is it just political rumor-mongering?

It is probably worth considering that not "everyone" uses credit cards and bank accounts.  Large numbers of people in poorer communities go to the bank on which their paycheck is drawn on payday (or to usurious check cashing joints) and cash their checks, then pay their bills and make purchases with cash, in person.  

I'm reminded of a story about the notably out-of-touch Chris Shays.  He had stopped by the Mercy Center to speak with poor inner city women.  He asked if there were any problems he might help them with.  One asked if something could be done to protect women on the days they were cashing their welfare checks, because thieves waited outside the banks to steal their money when they came out.  Shays was aghast!  "Why are you bringing CASH out of the bank?!?  You should be putting it in your checking account!!"  The Congressman, masquerading as the champion of the poor,  was completely unaware that people on welfare were not allowed to have checking accounts.  It may be to his credit that he was appropriately embarrassed when the reality of these women's lives was pointed out to him, and still embarrassed when he was reminded of the incident at a forum I attended.

I don't know if that particular rule has changed, but the fact remains that many lower income people do not have bank accounts for whatever the reasons may be.  In this economic climate probably few of them have credit cards.  If Mr. Garcia's support is coming from the low income Latino communities, people may very well be contributing cash.  There is not necessarily anything sinister about that -- it just means those contributors don't have the resources that the more affluent supporters of candidates from wealthy suburbs do.  The poor are just as  entitled to contribute to their favored candidates just like the more privileged folk do, and they can do it with pennies if that's what they've got.

I for one think it's great to see candidates inspire support from those communities which haven't participated in the process very strongly in the past -- and I'd hate to see any attempt to denigrate them and their chosen candidate through a politically-motivated whisper campaign.  


[ Parent ]
More mis-Information I am sorry to point out (0.00 / 0)
In New Haven there are now Resident ID cards available, specifically as insurance against the scenario described above. You don't have to prove citizenship or anything other than some proof that you reside in the City of New Haven. With these cards you can open bank accounts, and establish credit.

For a donation to qualify as being from within the district, any New Haven resident should have a bank account.  It may be a choice to use cash, but it is highly unusual in this circumstance.

I agree that we need to see the actual forms and data to make an accurate analysis, so this remains a rumor. SEEC will have to investigate, or the Garcia campaign can issue an explanation.

"I am not a Blogger...But I play one on the internet."


[ Parent ]
whoa (0.50 / 2)
For a donation to qualify as being from within the district, any New Haven resident should have a bank account.  It may be a choice to use cash, but it is highly unusual in this circumstance.

Wait a minute. The FDIC estimates that a quarter of Americans do not have or do not rely on a bank account. Private estimates are that between 44 and 50 million lack a bank account. You can see the FDIC report here, with CT on page 77. It shows that 16% of black and 33% of hispanic CT residents have no ties to any bank, and that another 31 and 28%, respectively, have some ties to a bank but still rely on "alternative financial services" like check-cashing, non-bank money orders, payday lenders, etc. The percentages of single women without a bank account (16%) and that rely on alternative services (29%) are also worth noting.

Just because you haven't raised any money from people who lack bank accounts doesn't mean that they aren't a significant portion of our population in the state.

You're right that "this remains a rumor," but it's surprising to hear you so energetically advancing it. Not just because you've always been an economic progressive and feminist, but because there's nothing particularly offensive about Garcia to begin with. Are you going to war with anyone that's not on line A? Do you have some thoughts about Ed Vargas you'd like to share?  

–7.25 / –7.28 | http://imgs.xkcd.com/comics/tw...


[ Parent ]
Huh? Mattw gets Personal and Weird. Again. (4.00 / 2)
What the hell are you talking about? "...a quarter of Americans..." has nil to do with the specific and especially good solution John DeStefano has advanced in New Haven. Then you link to the CT stats, larger survey area than New Haven alone, where they show the survey as 26% of CT respondents having a household (not Personal...Household) income below $15,000/yr. You cannot mean that this is the demographic who would be walking around with $100 in cash donations for a candidate for Secretary of the State...

Then you slam my ability to raise money.

Then you bring in some personal statements about my feminism...and I have to wonder how that fits in with the discussion.

You find nothing offensive about Garcia. I think a questionable filing is grounds for investigation. It smells like a duck and walks like a duck. Last minute max donations in cash remind me of bag men. It is a reasonable concern.

I am not "going to war with anyone that's not on line A" although I will admit to despising Mike Jarjura. You just want to go to war with me. I have no thoughts at all about Ed Vargas and had to look him up on the internets just now. I guess you mean to imply anti-hispanic racism? Pretty low, even for you.



"I am not a Blogger...But I play one on the internet."


[ Parent ]
Not racism (4.00 / 1)
Ignorance of other people's situations.

You're talking about the Elm City ID card as if lack of ID is the only obstacle to someone having a bank account. It's almost certainly the case that the 61% of latinos and 47% of african-americans in the state who either lack bank accounts or primarily rely on cash for financial transactions are not in that situation because they lack for proof of citizenship or identity. You're leveling charges without evidence, and it is ugly.

I did not criticize your fundraising ability. But for you to say that people "should" have a bank account just because the people you raise money from have bank accounts shows an alarmingly limited perspective. Some people live differently than you, and I'd never have expected you to be so harshly judgmental. Not because I disrespect you, but because I had always thought your desire for understanding and tolerance was greater than that of the average person's.

–7.25 / –7.28 | http://imgs.xkcd.com/comics/tw...


[ Parent ]
whether it is cash or not- doesn't the donor' name and address appear on the filing and a form filled out? so if thats done then there shouldn't be a problem- non issue. (0.00 / 0)


[ Parent ]
Yes, most probably a non-issue (0.00 / 0)
But the rumor is being spread nonetheless.   A thinking person has to wonder why.

[ Parent ]
ignorance (0.00 / 0)
of other people's situations.  

You cannot mean that this is the demographic who would be walking around with $100 in cash donations for a candidate for Secretary of the State...

Mr. Garcia is a Latino candidate running for a Constitutional office in CT.  If he wins, he will be the first such Latino candidate in CT, and if he wins the election, he will be the first Latino to hold such an office in CT.  Do you not think members of the Latino community might spend a precious $100.00 to support him in this race, for reasons of pride?  

Last minute max donations in cash remind me of bag men. It is a reasonable concern.

Take a minute and listen to yourself.  Can you not understand how offensive and insulting that statement is?   They're Hispanic so their cash donations must be dirty?  I have to say that I'm pretty shocked;  I used to think you were all about equal rights and access, from reading your posts here, before this election season.

Maybe you should spend some time in a Latino community around payday.  Watch where the people cash their paychecks.  Watch as they pay their utility bills in cash at substations, riding the bus or a bicycle in order to do so.  Paying for their groceries in cash and lugging them home on the bus.  

Look beyond your cultural biases.  You think it's a matter of getting an ID card?  Maybe in some cases -- but what then of municipalities where they don't issue ID cards?  Maybe those people should elect someone who'd institute ID cards so they CAN get bank accounts.  Oh wait... you don't think they should participate in the electoral process unless they already have bank accounts.  Catch-22?

But it isn't just about ID cards.  Look beyond your cultural biases and you'll see there are other reasons.

http://fellows.rdvp.org/margar...

http://www.multifamilyexecutiv...



[ Parent ]
Who says the donors are Hispanic? (0.00 / 0)
I heard that there were an unusual number of Maximum donations in Cash in the deadline race for qualification.

The discussion was about an anomaly in donation activity that raises a red flag.

I have collected donations from all sorts of people in all sorts of situations and all I said above was that cash donations tended to be less than $40 and above that tended to be from checking accounts. Similarly, I don't know any college students who have more than $30 cash on them at any given time.

I meant that it is possible to have a checking account in New Haven where it is not possible elsewhere for many people. There is a lot of jumping down throats going on around here.

Has anyone figured out how feminism plays in this thread?

"I am not a Blogger...But I play one on the internet."


[ Parent ]
Actually, the discussion was about federal case law (0.00 / 0)
... until you weirdly decided to launch an off-topic hit on Gerry Garcia.

I cited your progressive credentials, and your feminist credentials in specific, as a reason why I believed you to have a broadly tolerant and understanding approach towards cultural difference.

Launching a broad critique of how donors to a candidate you don't support ought to conduct their financial affairs strikes me as being unusual for you.

When you challenged the reasonableness of the idea that some people might have good reasons to use cash instead of credit cards or checks, I provided you with documentation that being unbanked is a phenomenon related to class, race, and gender.

Since you appear to have read the CT figures, you also know that it isn't just the 26% of those making under $15,000 a year that are unbanked, but that close to a third of those making $15-30k and 14% of those making $30-50k that either have no relationship with a bank or rely on cash for a substantial portion of their financial transactions.

However, while you protest here that people are "jumping down throats," instead of seeking discussion and debate, you made a point of going on the attack, not just on this page, but all over the internet. I think that is a terrible shame, and that it is unworthy of you.  

–7.25 / –7.28 | http://imgs.xkcd.com/comics/tw...


[ Parent ]
Matt W. your assumptions and inflammatory remarks are out of bounds -sorry but it seems like a personal attack. (4.00 / 1)


[ Parent ]
cite (0.00 / 0)
Really? What did you find inflammatory or personal?

–7.25 / –7.28 | http://imgs.xkcd.com/comics/tw...

[ Parent ]
mis-Information? (4.00 / 1)
In New Haven there are now Resident ID cards available, specifically as insurance against the scenario described above.

Which scenario above?  My point is that many people in certain communities do not have bank accounts and credit cards for whatever their reasons may be.

With these cards you can open bank accounts, and establish credit.
 

What if you chose, for reasons of your own, NOT to open bank accounts and establish credit?

For a donation to qualify as being from within the district, any New Haven resident should have a bank account.

"Should" according to who?  The SEEC?  Can you cite the specific rule?  Or is it merely YOUR preference that only those with your particular financial cultural bias be allowed to participate in the electoral process?  Or is it just in this particular race that you feel people "should" have bank accounts?  What's next?  People "should own property?"  People "should pass a literacy test" in order to support a candidate?  Or maybe they should just maintain certain checking account balances and credit limits?

I agree that we need to see the actual forms and data to make an accurate analysis, so this remains a rumor.

And you chose to run with the rumor rather than wait for an analysis.  That's some high-minded politics.  And I'm sorry, it smacks of dog whistling.  



[ Parent ]
 
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