second letter to general managers

8/6/2019 Second Letter to General Managers

1/13

TO : General ManagersFROM: Chip Nielsen, General Counsel

More Jobs Not Taxes

DATE: August 2, 2011

RE: Radio Spot by Californians Against Identity Theft

This letter is a follow-up to our prior letter sent to you on July 29, 2011. Asexplained below, we request that you immediately cease airing the spot by Californians Against Identity Theft for public policy reasons and because the ad is filled with falseand misleading statements.

This Ad is Against Public Policy as it Cor ruptsthe Election Pro cess and Intimidates Voters

The uniform response to this egregious ad by the media, consumer protectiongroups and good government groups throughout the state has been to denounce this adas against public policy because it is false and misleading.

Representatives for the Identity Theft Resource Center and the Privacy RightsClearinghouse denounced the claims in the ad as false and unmerited. The President of the Center for Governmental Studies called the ad an outrageous attempt to misleadthe public for political gain. The Western Regional Director from Common Cause saidof the ad, It sounds like they're trying to intimidate people from exercising what is aconstitutional right" to sign a petition.

Paul Jacob, from Townhall.com, said in his aptly titled article, Crying fire in acrowded democracy, Its actually an attempt to frighten people about identity theft sothat they will refrain from engaging in the democratic process by signing petitions toplace citizen initiative measures on the ballot for voters to decide. Joel Fox, Editor of Fox & Hounds and President of the Small Business Action Committee, said of thedeceitful ad, The dishonesty of the pitch has brought rebuke from across the politicalspectrum and by groups that battle identity theft.

We have attached for your reference a handful of articles condemning this ad todemonstrate why your station should immediately cease airing this ad.


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General Managers August 2, 2011Page 2 of 2

The Ad Mak es False and Misleading Statements

1. Many [Circulators] are Fro m Out of State and Move Fro m City toCity to Car ry Petitions.

California law provides that only a person who is a voter or who is qualified toregister to vote in this state may circulate an initiative or referendum petition. (Cal.Elec. Code 102.) A person who moves to California for temporary purposes withoutthe intention of making California his or her home is not qualified to vote in California.(See Cal. Elec. Code 2021.) Thus, the statement that persons from out of state who areonly temporarily in the state are eligible to circulate petitions is false.

In addition, California law requires that every circulator sign under penalty of perjury a declaration stating that the circulator is a voter or is qualified to register to vote in the state. (Cal. Elec. Code 9022.)

2. Anyone Can [Circulate Petitions], Even Convicted Felons andForgers.

The California Constitution provides that those imprisoned or on parole for theconviction of a felony are disqualified from voting. (Cal. Const. Art. II, 4.) Their voterregistrations are automatically cancelled. (Cal. Elec. Code 2101, 2212.) As they arenot qualified to register to vote, they cannot circulate an initiative or referendumpetition. (Cal. Elec. Code 102.) Thus, this statement is false and misleading.

3. I Even Read That Names and Addresses on Petitions W ere Sent to

Other Cou ntries, Including India.This may have been legal for verification prior to 2005, however, under California

law since that time, a person who obtains signatures or collects other information for aninitiative, referendum, or recall petition is prohibited from send[ing] that informationoutside of the United States or mak[ing] it available in any way electronically to personsoutside the United States, including, but not limited to, access over the Internet. (Cal.Elec. Code 2188.5.) As it is illegal for information collected on petitions to be sentoverseas, this statement is also false and misleading.

The California Public Interest Research Group stated, There is as much risk of identity theft involved in signing a petition as there is in being listed in the phone book.

VGN/EA 8144.01


3/13

Transcript Californians Against Identity Theft :60 Radio Spot

Wife:Uh, I just got back from the supermarket and those pushy signature gatherers are back!

Husband:Oh honey, please, tell me you didnt sign their petitions.

Wife:Well, yes I did. Is there a problem?

Husband:You know you put yourself at risk to identity theft.

Wife:Are you kidding me?

Husband:California doesnt license or bond signature gatherers. Many of them are from out of state and movefrom city to city to carry petitions.

Wife:What?

Husband:Anyone can do it, even convicted felons and forgers!

Wife:You mean I may have just given my personal information to a criminal?

Husband:Thats right.

Wife:Ah, they even have my signature.

Husband:I even read that names and addresses on petitions were sent to other countries, including India.

Wife:Who knows what they did with it.

Husband:The Legislature called it an identity theft starter kit. Now we really need to watch our bank statementsand credit information.

Wife:Thats it! Im not signing any more of those petitions. I guess the lesson here is not to give our nameand address to anyone we dont know.

Paid for by Californians Against Identity Theft


4/13

The latest on California politics and government

July 29, 2011

Radio ad claims signing initiatives increases risk for identity theft

As backers of several high-profile ballot measures hit the streets looking for signatures, a new radio ad has surfacedwarning listeners that signing initiative petitions puts voters "at risk for identity theft. "

The 60-second spot, which is airing on at least one Southern California radio station, features a man telling his spouse sheshould not have signed a petition at the grocery store.

"The Legislature called it an identity theft starter kit. Now we really need to watch our bank statements and creditinformation," he says.

"That's it, I'm not singing any more petitions," the woman responds. "I guess the lesson here is not to give our name andaddress to anyone we don't know."

The identity of the group behind the ad remains a mystery, but the timing of the launch suggests its aim is to derail one of several high-profile measures currently trying to qualify for the 2012 ballot.

The spot claims to be paid for by a group called " Californians Against Identity Theft. " The coalition has no websiteand has not filed a campaign committee with the Secretary of State, though the content of the ad likely would not triggerdisclosure requirements because it does not mention a specific measure or candidate.

Update 11:36 a.m.: A website for the group has been launched at this link

The group does not appear to have any ties to legitimate organizations dedicated to protecting consumers from identitytheft. A spokeswoman for the San Diego-based Identity Theft Resource Center disputed the premise of the ad.

Under state law, it is illegal to use initiative signatures for anything other than the initiative petition. Election code alsoprohibits felons ineligible to register to vote from serving as signature gatherers, as claimed in the ad.

Derek Cressman of government watchdog group Common Cause said he was "hard pressed" think of a situation wheresigning an initiative petition led to identity theft. He said the ad sounded like an attempt to "provoke a fear" to discourage

people from signing petitions."If they really wanted people to take their warning seriously, they'd have more credibility by revealing their ownidentities," he said.

Petitions for 14 proposed measures have been cleared for circulation, though the ones that have gained the most attentionare a referendum to repeal a law requiring some online retailers to collect sales taxes on purchases made by Californiansand a proposed initiative to block unions from using dues paid through automatic payroll deductions for politicalcontributions without permission.

Supporters of the so-called "paycheck protection" measure, which would also restrict political contributions by unions andcorporations, have reported spending hundreds of thousands of dollars on paid signature gatherers to secure a spot on nextyear's ballot. The effort has sparked at least one labor-backed campaign to prevent the measure from qualifying.

SEIU California is dispatching its own representatives to the streets to persuade voters not to sign petitions. The unionhas sent members a toll-free number to report canvassers circulating petitions for the measure, urging them to dial in "if you see someone trying to fool voters in your community into signing away our rights."

SEIU California spokesman Christopher Calhoun said the union's effort is intended to "make sure folks get a chance tohear our side of the story" before signing the petitions.He said the union is not involved in the radio ad.

"I don't know anything about that," he said.

Listen to the full spot at this link.

Read more: http://blogs.sacbee.com/capitolalertlatest/2011/07/identity-of-new-identity-theft.html#ixzz1TWNdD6hc
http://blogs.sacbee.com/capitolalertlatest/2011/07/identity-of-new-identity-theft.htmlhttp://topics.sacbee.com/ballot+measures/http://topics.sacbee.com/ballot+measures/http://topics.sacbee.com/ballot+measures/http://topics.sacbee.com/identity+theft/http://topics.sacbee.com/identity+theft/http://topics.sacbee.com/identity+theft/http://topics.sacbee.com/Legislature/http://topics.sacbee.com/Legislature/http://topics.sacbee.com/Legislature/http://topics.sacbee.com/Californians+Against+Identity+Theft/http://topics.sacbee.com/Californians+Against+Identity+Theft/http://californiansagainstidentitytheft.org/default.htmhttp://californiansagainstidentitytheft.org/default.htmhttp://topics.sacbee.com/Derek+Cressman/http://topics.sacbee.com/Derek+Cressman/http://topics.sacbee.com/sales+taxes/http://topics.sacbee.com/sales+taxes/http://topics.sacbee.com/sales+taxes/http://media.sacbee.com/smedia/2011/07/29/09/26/1itu9S.So.4.mp3http://media.sacbee.com/smedia/2011/07/29/09/26/1itu9S.So.4.mp3http://media.sacbee.com/smedia/2011/07/29/09/26/1itu9S.So.4.mp3http://blogs.sacbee.com/capitolalertlatest/2011/07/identity-of-new-identity-theft.html#ixzz1TWNdD6hchttp://blogs.sacbee.com/capitolalertlatest/2011/07/identity-of-new-identity-theft.html#ixzz1TWNdD6hchttp://blogs.sacbee.com/capitolalertlatest/2011/07/identity-of-new-identity-theft.html#ixzz1TWNdD6hchttp://blogs.sacbee.com/capitolalertlatest/2011/07/identity-of-new-identity-theft.html#ixzz1TWNdD6hchttp://media.sacbee.com/smedia/2011/07/29/09/26/1itu9S.So.4.mp3http://topics.sacbee.com/sales+taxes/http://topics.sacbee.com/Derek+Cressman/http://californiansagainstidentitytheft.org/default.htmhttp://topics.sacbee.com/Californians+Against+Identity+Theft/http://topics.sacbee.com/Legislature/http://topics.sacbee.com/identity+theft/http://topics.sacbee.com/ballot+measures/http://blogs.sacbee.com/capitolalertlatest/2011/07/identity-of-new-identity-theft.html


5/13

Search

Disputed Radio Ad Reflects ChangingPo litical Landscape

By Joel Fox Editor of Fox & Hounds and President of the Small Business Action Committee

Mon, August 1st, 2011

By now you probably have heard the deceitful radio ad funded by a groupcalled Californians Against Identity Theft that is attempting to discouragepeople from signing initiative and referendum petitions by scaring them intobelieving their signatures on the petitions could lead to identity theft. Thedishonesty of the pitch has brought rebuke from across the politicalspectrum and by groups that battle identity theft.

The goal of the Californians Against Identity Theft is to limit the use of directdemocracy. That can clearly be detected on the group's website whichhighlights not problems with identity theft but accusations against the initiativeprocess.

At least one California public employee union has admitted being behind the

ad. The public unions are opposed to some initiatives and referendums thatare currently in circulation.

But, in attempting to block the peoples right to petition their government theunions must be feeling more comfortable with their ability to sway thelegislature in coming years.

The ad concludes with a woman, who has been scared by her husband aboutsigning petitions, declaring: "That's it! I'm not signing any more of thosepetitions."

Any more? Including the public union sponsored initiatives?

We've been told initiatives sponsored by public employee unions, especially inthe area of tax increases, are on their way. So why poison your own well?

Of course, different public unions have their own agendas and there is notnecessarily a meeting of the minds on this strategy. But, those that arediscouraging signature drives believe they can control government power fromwithin.

Ironically, the day the news broke on the radio ad, the California CitizensRedistricting Commission released maps of California's political districts forthe next decade. Most analysts say the maps favor Democrats to the point

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that they may secure the two-thirds majority to absolutely control the agendain both houses of the legislature.

As I've noted on this page many times before, when the voters decide issuesat the polls on statewide measures they often take a different stance than themajority in the legislature would take on the same issues.

It is easier for the unions to get their way by influencing two-thirds of the

legislature than by capturing a majority of the people at the polls. Publicunions have already declared their intent to elect friendly legislators from bothsides of the political aisle under the top-two primary system that will be fullytested next year.

With maps favoring their allies in the legislature; with the top- two primarygiving them an opportunity to capture a few more votes, some union leadersfeel they can benefit their members if they shut down, or at least slow down,opponents who take their case directly to the people.

Under such a scenario, the public unions would have the same grip on powerthat the Southern Pacific Railroad enjoyed at the turn of the Twentieth Centurythat brought about the direct democracy reforms in the first place.

The changing state political landscape spurred the creation of the ad morethan any particular ballot measure did.

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7/13

Paul JacobCrying fire in a crowded democracy

7/31/2011 | Email Paul Jacob | Columnist's Archive

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In the Dr. Seuss tale , the Grinch kept pressing himself, I mustfind some way to keep Christmas from coming! Then, theGrinch got a wonderful awful idea.

The same thing happened last week in California. A new Grinch

-of-a-group with a shadowy identity started running a radioadvertisement all across the states many expensive mediamarkets. The apparent goal? To keep democracy from coming.

The group calls itself Californians Against Identity Theft (CAIT)and the radio spot is about identity theft. Well . . . sorta. Notreally, though.

Its actually an attempt to frighten people about identity theft sothat they will refrain from engaging in the democratic processby signing petitions to place citizen initiative measures on theballot for voters to decide. A number of petitions now gather upsteam for a batch of newly proposed ballot initiatives, somestrongly opposed by organized labor.

Tom Adams, CAITs secretary-treasurer, says Were not targeting any particular ballot measures, butalso refuses to disclose who is funding the effort, or why. The Sacramento Bee reports that the newCalifornians Against Identity Theft does not appear to have any ties to established organizations

dedicated to protecting consumers from identity theft.Meanwhile, State Building and Construction Trades Council of California President Bob Balgenorthadmits he helped brainstorm the idea, telling the Bee that people circulating petitions are all paid bountyhunters, and adding, I think the whole initiative process needs to be looked at.

Wait a second, is this about identity theft . . . or the initiative process?

In the radio ad , a knowledgeable-sounding husband informs his wife, who has just committed the atrocityof signing a petition at the market, you put yourself at risk to identity theft because petitions may becollected by convicted felons and forgers.

I even read that names and addresses on petitions were sent to other countries, says the husband.

Who knows what they did with it? exclaims the wife.

Now we really need to watch our bank statements and credit information, the husband moans.

Next21View Full Article

Paul JacobPaul Jacob is President of Citizens in Charge Foundation and Citizens in Charge. His daily CommonSense commentary appears on the Web and via e-mail.

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8/13

Radio ad warns of petition drives, draws critics

8:52 p.m., July 29, 2011

.tools_story a:hover{ color: #2c2c2c !important; }

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Page 1 of 3Radio ad warns of petition drives, draws critics | SignOnSanDiego.com

8/1/2011http://signonsandiego.printthis.clickability.com/pt/cpt?expire=&title=Radio+ad+warns+of+ ...


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NEWS > LOCAL

Ad Aims to Scare Voters From SigningBallot Measure Petitions

Patrick Healy and David Gregory

A new campaign to change the ballot initiative process uses scary tactics.

Page 1 of 3Ad Aims to Scare Voters From Signing Ballot Measure Petitions | NBC Los Angeles

8/1/2011http://www.nbclosangeles.com/news/local/Scary-Ads-for-Campaign-to-Change-Initiative-Pr ...


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Posted Friday, Jul 29, 2011 - 11:37 PM PDT

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"The claims of identity theft are totally false," said Pedro Morillas, Legislative Director for CalPIRG,the California Public Interest Research Group. "I'm not sure what the political purposes beyond thiscampaign are, but the purpose is stop people from interacting with petition gatherers.

The webpage never identifies who's behind Californians Against Identity theft, but RobertBalgenorth, President of the State Building and Construction Trades Council of California,acknowledged he's a supporter. Balgenorth said he's long wanted reform of the initiative process,expecially increased oversight of signature gatherers.

"There's really no oversight in our state at all," said Balgenorth. "Anyone who qualifies to be aregistered voter can go out and gather signatures."

Information posted on the website cites a 2005 state legislative report t hat called the informationgathered for petitions a potential "identity theft starter kit," but was hard-pressed toprovide examples of actual identity theft carried out by signature gatherers or others with access tothe information.

The right to petition to overturn laws, place new measures on the ballot, and recall elected officialswas granted to California voters exactly a century ago as part of reforms championed by thelegendary progressive Governor Hiram Johnson.

Near the end of the new radio spot, the female voice declares, "That's it! I'm not signing any moreof those petitions."

Balgenorth said he did not develop the campaign, and is not an officer of the new non-profitorganization Californians Against Identity Theft. An email to the website's contact address eliciteda reply from Tom Adams, a retired Bay Area attorney who identified himself as the organization'sSecretary Treasurer. Adams said another officer is a former veteran legislative aide, and theprocess of registering the organization with the Secretary of State's Office is underway.

Adams rejected CalPIRG's objecting that the radio spot and webpage attempt to shutdown theinitiative process by exaggerating the identity theft risk.

"The reason these messages are getting attention is both because they are dramatic, and thepeople of California recognize there is a real problem," said Adams.

This story makes me feel:

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12/13

Unions targeted by some Calif. ballotpetitions plan counter campaignsMcClatchy New spapers

Published Saturday, Jul. 30, 2011

SACRAMENTO, Calif. -- As solicitors for more than a dozen initiatives hit California's streetsfor petition signatures to get the issues on next year's ballot, labor unions targeted bypotential measures are starting to fight back.

The California Service Employees International Union is urging members to call a hotline todeploy "Think Before You Ink" teams to talk voters out of signing a measure that wouldrestrict their ability to automatically deduct dues from members' paychecks for politicalpurposes.

Another union-backed effort has launched a website and radio ads under the name"Californians Against Identity Theft," warning potential petition signers that, among otherthings, their personal information could be shipped to India.

Initiative backers and government watchdogs are crying foul, charging that the efforts arecynical and hypocritical attempts to tamp down California's storied direct democracy.

"It sounds like they're trying to intimidate people from exercising what is a constitutionalright" to sign a petition, Derek Cressman, western regional director for Common Cause, saidof the radio spot.

The timing of the ad launch raised questions about whether the campaign is a veiled attemptto derail one of several controversial proposals currently circulating petitions to qualify forthe 2012 ballot, such as an Amazon-backed effort to overturn a new law requiring someInternet retailers to collect sales taxes on purchases made by Californians.

The president of the state building trades union, one of the funders of Californians AgainstIdentity Theft, said the campaign was not meant to intimidate voters or target a specificmeasure, but to address concerns over a lack of regulation of the paid signature-gatheringindustry.

"They're all paid bounty hunters who go out and just gather a signature for a fee," StateBuilding and Construction Trades Council of California President Bob Balgenorth said. "Forme, the goal would be that there's some accountability for stuff like that.... I think the wholeinitiative process needs to be looked at."

Balgenorth said while he helped think of the idea for the group, his union is not currentlydirectly involved in the effort. He declined to identify the principals or other financialbackers.

Californians Against Identity Theft, which does not appear to have any ties to establishedorganizations dedicated to protecting consumers from identity theft, has not registered as a

Page 1 of 2Unions targeted by some Calif. ballot petitions plan counter campaigns - Sacramento Livi ...

8/1/2011http://www.sacbee.com/2011/07/30/v-print/3805487/unions-targeted-by-some-calif.html


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campaign committee. Corporation filings could not be confirmed Friday and representativesdid not respond to email or phone messages.

Its website says the group's mission is "to inform the public of the dangerous practices thatallow for their identity to be stolen." The 60-second radio ad features a man chastising hiswife for signing a petition at the grocery store, saying "Now we really need to watch ourbank statements and credit information."

Representatives for the Identity Theft Resource Center and the Privacy Rights Clearinghousedenounced the claims as false and unmerited.

"There is as much risk of identity theft involved in signing a petition as there is in beinglisted in the phone book," Pedro Morillas, legislative director for the California Public InterestResearch Group, added in a statement.

Center for Governmental Studies President Bob Stern called the ad an "outrageous" attemptto mislead the public for political gain.

"Basically, it's not just somebody saying we just don't like any petition. Obviously there issome petition they don't like," he said.

SEIU California, which denied involvement in the identity theft ads, defended its effort tostop people from signing the "paycheck protection" measure, which would also restrict laborand corporate campaign contributions.

Spokesman Christopher Calhoun said the counter campaign was launched in response toconcerns that canvassers promoting the initiative were being deceptive in their pitches.

"We want to make sure folks get a chance to hear our side of the story," he said.

Cressman said that while he is "hard pressed" to think of a case where signing a petition ledto identity theft, there is a "is a legitimate fraud concern" when it comes to signature-gatherers misrepresenting what they are circulating.

"People do have a legitimate First Amendment right to voice concerns about a particular

(measure)," he said.But Michael Arno, a veteran of the signature-gathering industry, said so-called "blocking"campaigns meant to prevent measures from qualifying are a "growing problem."

"Sooner or later, there's going to be a very bad physical confrontation about this," he said."I agree that everybody has their own right to free speech, just don't abridge mine."

Page 2 of 2Unions targeted by some Calif. ballot petitions plan counter campaigns - Sacramento Livi ...

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