{"id":3312,"date":"2014-03-08T20:15:15","date_gmt":"2014-03-09T01:15:15","guid":{"rendered":"http:\/\/www.cnht.org\/news\/?p=3312"},"modified":"2014-03-12T11:52:52","modified_gmt":"2014-03-12T16:52:52","slug":"paid-the-5000-didnt-admit-violation-typical","status":"publish","type":"post","link":"https:\/\/www.cnht.org\/news\/2014\/03\/08\/paid-the-5000-didnt-admit-violation-typical\/","title":{"rendered":"Paid The $5,000, Didn&#8217;t Admit Violation &#8211; Typical"},"content":{"rendered":"<p>I thought the Democrat Party would be rejoicing over the NH State Supreme Court decision last week?<\/p>\n<p>Former Speaker Bill O\u2019Brien filed a very easy to understand suit against Democrat Chair, Big Money Buckley, over primary election robo-calls Big Money Buckley starred in back in September of 2010.<\/p>\n<p>The calls were classic Big Money Buckley, smarmy and sophomoric. The guy appears to have had a long, lonely personal life he can only fill with other people\u2019s money for this type of stuff. We see it every election.<\/p>\n<p>The robo-call was meant to make fun of O\u2019Brien because he was on the Democrat and Republican primary ballots, the Dems not being able to find a candidate to oppose their biggest target, which is laughable in itself.<\/p>\n<p>Saul Alinsky would be ashamed of the way Big Money Buckley tried to pull this off.<\/p>\n<p>Here is the brilliant Big Money Buckley robo-call:<\/p>\n<p><em>This is State Democratic Chair Ray Buckley calling with the important news that current Republican Bill O\u2019Brien has asked to join the Democratic Party\u2019s ticket for the November elections. If he succeeds tomorrow, we expect Bill O\u2019Brien will embrace the Democratic Party\u2019s platform, support President Obama, national health care reform and stand up for gay marriage, and protect a woman\u2019s right to choose and our agenda to move New Hampshire and America forward. Once again, we wanted you to know before you vote tomorrow that Bill O\u2019Brien has asked to join the Democratic ticket and our progressive agenda. Thank you so much.<\/em><\/p>\n<p>Bill O\u2019Brien sued under RSA 664:14-a. I have the relevant portions as I read it:<\/p>\n<p><strong>664:14-a Prerecorded Political Messages. \u2013<\/strong><br \/>\nI. In this section, &#8220;prerecorded political message&#8221; means a prerecorded audio message delivered by telephone by:<br \/>\n(b) <span style=\"text-decoration: underline\">Any person<\/span> when the content of the message expressly or implicitly advocates the success or defeat of any party, measure, or person at any election, <span style=\"text-decoration: underline\">or contains information about any candidate or party.<br \/>\n<\/span>II. <span style=\"text-decoration: underline\">No person<\/span> shall deliver or knowingly cause to be delivered a prerecorded political message <span style=\"text-decoration: underline\">unless<\/span> the message of any organization or organizations the person is calling on behalf of. contains, or a live operator provides, <span style=\"text-decoration: underline\">within the first 30 seconds of the message, the following information:<br \/>\n<\/span>(a) The name of the candidate or<br \/>\n(b) <span style=\"text-decoration: underline\">The name of the person or organization paying for the delivery of the message and the name of the fiscal agent, if applicable.<br \/>\nIV. (a) A violation of this section <strong>shall<\/strong> result in a civil penalty of $5,000 per violation.<\/span><br \/>\n(b) <span style=\"text-decoration: underline\">Any person injured by another&#8217;s violation of this section <strong>may <\/strong>bring an action for damages and for such equitable relief, including an injunction, as the court deems necessary and proper.<\/span><\/p>\n<p>Big Money Buckley introduced himself as the \u201cDemocrat Chair\u201d as tough it was a call from him. But he did <strong>not<\/strong> say the Party was paying for his shenanigans \u2013 a simple obligation required by the statute \u2013 as the Democrats would demand of anyone else. But that is classic Big Money Buckley.<\/p>\n<p>Here is what happened per the Supra decision:<\/p>\n<p>On September 15, 2010, the plaintiff filed a complaint with the office of the Attorney General, alleging that the defendants violated the Robocall Statute, because they were \u201cresponsible for calls containing a prerecorded political message that lacked the statutorily required disclosures.\u201d In August 2011, the Democratic Party entered into a consent agreement with the attorney general \u201cto resolve the State\u2019s claims for an alleged violation of the . . . statute, RSA 664:14-a.\u201d The Party paid a $5,000 fine, but did not admit to a violation of the statute.<\/p>\n<p>O\u2019Brien was looking for $5,000.00 per each 395 calls just like the Big Money Buckley would if Bill O\u2019Brien made such an egregious error. (satire)<\/p>\n<p>But what does Big Money Buckley care? I hear he gets a cut of Democrat campaign funds to pay for his Big Money Buckley lifestyle and the Democrats and unions who fork over the cash don\u2019t seem to mind.<\/p>\n<p>The full text of the case is here: <a href=\"http:\/\/www.courts.state.nh.us\/supreme\/opinions\/2014\/2014018obrien.pdf\">http:\/\/www.courts.state.nh.us\/supreme\/opinions\/2014\/2014018obrien.pdf<\/a><\/p>\n","protected":false},"excerpt":{"rendered":"<p>I thought the Democrat Party would be rejoicing over the NH State Supreme Court decision last week? Former Speaker Bill O\u2019Brien filed a very easy to understand suit against Democrat Chair, Big Money Buckley, over primary election robo-calls Big Money Buckley starred in back in September of 2010. The calls were classic Big Money Buckley, [&hellip;]<\/p>\n","protected":false},"author":3,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"_et_pb_use_builder":"","_et_pb_old_content":"","_et_gb_content_width":"","footnotes":""},"categories":[34],"tags":[],"class_list":["post-3312","post","type-post","status-publish","format-standard","hentry","category-humor"],"_links":{"self":[{"href":"https:\/\/www.cnht.org\/news\/wp-json\/wp\/v2\/posts\/3312","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.cnht.org\/news\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.cnht.org\/news\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.cnht.org\/news\/wp-json\/wp\/v2\/users\/3"}],"replies":[{"embeddable":true,"href":"https:\/\/www.cnht.org\/news\/wp-json\/wp\/v2\/comments?post=3312"}],"version-history":[{"count":3,"href":"https:\/\/www.cnht.org\/news\/wp-json\/wp\/v2\/posts\/3312\/revisions"}],"predecessor-version":[{"id":3326,"href":"https:\/\/www.cnht.org\/news\/wp-json\/wp\/v2\/posts\/3312\/revisions\/3326"}],"wp:attachment":[{"href":"https:\/\/www.cnht.org\/news\/wp-json\/wp\/v2\/media?parent=3312"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.cnht.org\/news\/wp-json\/wp\/v2\/categories?post=3312"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.cnht.org\/news\/wp-json\/wp\/v2\/tags?post=3312"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}