Ward 22 Democratic Committee member Bart McCauley today defended his Urgent Challenge to Voters Registered from Boston UniversityDormitories. "I have a right to challenge them and that’s what I did," he said in an interview.
The challenge, an "Open Letter to the Media and the Candidates in the 18th SuffolkDistrict Special Election," was sent to the Boston Herald and others on letterhead from "Bart McCauley, Member, Ward 22 Democratic Committee."
The piece contains numerous false claims against student voters. "Few people would believe that the students are actual legal residents of the legislative district," McCauley said. There are "potential legal issues with fraudulent voter registrations," he added.
The challenge has been condemned by the Boston University Free Press. Massachusetts state Democratic Party spokesperson Jane Lane has expressed support for student voters on behalf of the party.
McCauley has every right to his personal opinion. He does not have the right to issue frivolous challenges, or to present himself as a spokesperson for the Ward 22 Democratic Committee. "There are criminal penalties for challenging a qualified voter for purposes of intimidation," says the Secretary of the Commonwealth’s Election Day Legal Summary.
The Ward 22 Democratic Committee, led by newly prominent member Mike Moran, should censure McCauley and remove him from the Ward Committee to demonstrate its opposition to voter intimidation. Moran has his first test of leadership.
Unless McCauley was there physically himself challenging voters for the purpose of intimidation than he did nothing illegal. He was within his First Amendment rights to free speech in issuing that press release. And, from a strictly political perspective, Moran’s first test is going to be in his capacity as a legislator, not as a local ward boss, an office which he was not elected to on the 15th.
A voice of reason fronm the election attorney.
McCauley was at the polls challenging voters. But that is correct, the release itself is not illegal.However, the fact is there were challengers down there who challenged a relatively small number of voters for reasons that the poll warden disagreed with.It’s time for Moran to weigh in on the issue.
Election Attorney – I disagree. Moran is not yet a legislator, and his first test in that capacity won’t come until after the general election on April 12th (assuming he wins, which is a safe assumption IMO). Right now, his position is “Democratic nominee”, and as such, this is indeed a test of his leadership that I hope he steps up to.Also, while you’re right that there was nothing illegal about his press release, past coverage of this issue has made it clear that he was personally at the polls challenging voters, and if he did break any laws, it was by doing that. Given the fact that almost every voter he challenged was allowed to vote, it should have been clear even to the most thickheaded by partway through the day, that he was challenging a large number of legitimate voters who he did not have evidence against. As we discussed in a past threat, I’m not sure that’s actually illegal under MA law, but it’s certainly illegal for federal elections, and should be illegal in state and local elections too.We’ll see what the Secretary of the Commonwealth’s office says. But the point is, nobody is saying that he should be prosecuted for his press release. Personally, as an ACLU activist, I have just as much respect for the right to free speech, as I do for the right to vote.
If McCauley did not know law and believd he was right, though argaubly a reasonable person, or more inteligent would have checked and known law, did he break law?
Election lawyer: I forgot to also point out that Moran was recently made head of the Ward 22 Democratic Committee. So this is definitely something that falls under his leadership, in his ward, currently.Troll: If McCauley honestly believed that out of state students aren’t allowed to vote locally under MA law, that might have explained the first challenge or two. After the first few students were allowed to vote despite being challenged, he and everyone else there could no longer claim ignorance of the law. Continuing to challenge every voter without having any evidence against them, on the vague hope that maybe some of them might be prevented from voting, is exactly the tactic that anti-voting activists have always used against groups they disfavor. It was egregious and should be criminal for local elections just as it is for federal elections.However, I find it nearly incredible to think that he acted in good faith even for the first challenge. He’s been active in local politics for a good long time, and out of state students vote locally in almost every election. Often not in large numbers, true, but but sometimes yes. For example, almost as many BU students voted for Reich in the 2002 primary, as for Schofield in this special election. For McCauley to have been active in local politics for as long as he has, and on the ward committee no less, yet fail to notice that out of state students vote every time, is not something I consider credible. And if he knew that, but went ahead with his challenges without first at least calling the Secretary of the Commonwealth to check on the law, it was definitely bad faith.
Cos, i thought you weren’t responding to me anymore.Regardless. prove what McCauley knew or didn’t know. Apply that to others. Do you see the problem. This is different then proving state of mind.Again, chilling, very chilling.Should McCauley be criminally prosecuted. Evidently it is a state crime.
Cos,where do you get this stuff. Moran is a member of ward 22 not the head of the committee and let me make this clear. Moran and McCauley are not friends. McCauley was a Golden/Glennon supporter. You should call Moran and ask him where he stands. Anything McCauley did he did for Glennon.
Sam: If you read some of the earlier threads you’ll see that I definitely am NOT saying that Moran supported or endorsed McCauley’s actions. Also that I know McCauley was a Glennon supporter. And, in fact, I DID call Moran’s office, and emailed them, to ask – several days ago, just like I said I would in comments on this blog.I had been told that Moran was made head of the committee but that appears to be a mistake – I found out after I posted that comment, so I apologize for that mistake. I still think that as Democratic nominee for this district, it’s something he should take leadership on, and I hope he will. I hear from a friend at the BU Democrats that they’ve invited Moran to their next meeting and he’s likely to come. I believe he’ll do the right thing.I’m afraid you’re picking up too much of the Troll’s attitude about this. He believes, despite everything I’ve said, that what motivates me is bitterness over Schofield losing to Moran. In fact, Moran was my second favorite, and I’m glad he’s the one Schofield lost to. It’s easy to be misled by reading too much of the Troll’s comments, into thinking that I’m anti-Moran and that my anger at the voter challenges is directed at Moran, but that is just not true. It’s in Troll’s head, not mine.
Cos,I don’t think you are motivated by bitterness. People work way to hard on campaigns for one desperate person/campaign to pull a bushleague move. I do understand why you are fustrated mcCauley is a bitter evil little man who has been given way too much thought. What bothers me is that two canidates that fought a hard battle are getting caught up in Mccauley’s crap. Mccauley is just a bitter man who is afraid of change. I just do not like his name/McCauley even in the same sentence with Moran or even Schofield. Both of our canidates ran a professional and class race. They best revenge for McCauley would be to elect a progressive DEMOCRAT.