Councilor Starr is responding in a press release below about the rabid right’s attempt to smear him for calling voters in a public service announcement about absentee voting during the middle of a pandemic emergency in our state, county and city. FCC law allows public officials to call citizens in emergencies and what Pat did was far from being against the law.
In fact this smear job isn’t about the law to the SD GOP it is about blatant voter suppression, something they strive at every day.
I have listened to the call several times, and Pat never mentions once that he is running for Minnehaha Treasurer, he also paid for the call himself and not a campaign expense.
In the call Pat asks voters to vote ASAP to protect themselves from a deadly virus that both Mayor TenHaken and Governor Noem have warned us about in Emergency Declarations.
In fact since the call has gone out Pat has received mostly praise from people for alerting them on how to vote safely. Some didn’t even know he was running for treasurer. I have heard some of the voicemails he received and they are absolutely glowing. Of course the right wing dingbats and their minions think that telling people how to vote safely is some violation of a law that is meant to protect consumers from SALESMEN, ironically one of the biggest complainers was using his position as a state official to SELL more from his private business, but AG Jackboots let him off because he didn’t ‘STEAL’ anything. LOL.
As for some of the calls going to voters out of Minnehaha County, as Pat explained it is because voter lists are not current and up to date. But does it really matter? Especially since the message is important to ALL voters across the state.
Once again, the SD GOP ran by an Iowa Bail Bondsmen cries wolf because they really don’t want you to vote. I’m sure the Whaaaaabulance will be showing up shortly in Dakota Dunes.
PRESS RELEASE from Councilor Pat Starr (605) 321-9680
LEGAL USE OF AUTOMATED CALLING
“I am not going to apologize for doing the right thing†Pat Starr said today, “Making it easier and safer for people to vote, is my number one priority.â€
“In the face of a declared emergency, a public official is duty bound to use all means to give proper instructions to the public for their safety.†Starr added saying “I saw the public’s confusion being created by misstatements in the media by many officials.â€
The Federal Communication Commission (FCC) has issued regulations governing the use by duly elected and appointed officials to issue statements in the public good.
Minnehaha County Auditor Bob Litz informed the county commission and public recently when saying the anticipated problems with mail deliveries and duplicate ballot issues, “If you are within ten days of the election, and you have something you’ve got to get to us, you better use the Pony Express, or come on down here, or do something besides the mail.â€
Many elected officials including Governor Noem, Minnehaha County Commissioners and Mayor Paul TenHaken have been declaring various “States of Emergency†this year causing great confusion and health fears. The issued Executive Orders are in effect until at least December 31st, 2020 or until rescinded.
Gov. Kristi Noem didn’t take any chances and declared on April 11th and then again on May 26th, 2020 when she extended South Dakota’s “State of Emergency” declaration regarding COVID-19 through Dec. 30, 2020.
“I do hereby declare that a state of emergency continues to exist in all counties in the state of South Dakota, and I direct the plans and procedures of the State of Emergency Operations Plan continue to be implemented,”
References:
Federal Communication Commission Regulation:
“Prerecorded Voice Messages and Autodialed Calls to Cell Phones and Other Mobile Services. Prerecorded voice messages and autodialed calls (including autodialed live calls, prerecorded or artificial voice messages, and text messages) to cell phones and other mobile services such as paging systems are prohibited, subject to only two exceptions: 1) calls made for emergency purposes, and 2) calls made with the prior express consent of the called party.â€
Governor Kristi Noem Emergency Declaration: https://www.capjournal.com/news/coronavirus/state-of-emergency-noem-declares-south-dakota-will-maintain-designation-for-rest-of-year/article_bcb2166a-9f98-11ea-bf41-1feea4e7c37f.html
Sioux Falls Executive Order 218: Subject: Declaration of Emergency to Address the novel Coronavirus (COVID-19).
Given that time is of the essence, pursuant to Section 33.025 of the Code of Ordinances of Sioux Falls, SD, I hereby declare there exists a threat to the public’s health, safety and welfare necessitating immediate measures to prevent the spread and potential effects of the novel Coronavirus (COVID-19).
Upon the declaration of an emergency, the Mayor shall have all powers as set forth in Sections 33.026-33.028 of the Code of Ordinances of Sioux Falls, SD.
People know Pat Starr. People think Swanson is a TV dinner as they watch Pat on TV, while Swanson is on a billboard or two.
Republicans thought they had this race, but now they are running scared. Taupeville and its conformity cannot helped them in blue Minnehaha, however, and they know it.
So, what do they do? Smear, smear, smear and all in the name of voter suppression.
The Republicans should be ashamed of themselves, but then again, they live in a world of mulligans, where anything goes and the only way you can win is by cheating, like with voter suppression.
( and Woodstock adds: “I opine for the days when the Party of Lincoln was into empowerment”…. )
I’ve had many recorded calls from Mike Rounds inviting people to a conference call discussion. I’ve not responded. I had one of Starr’s calls that went to voicemail and I deleted. The emergency exception is iffy. However, I get so many spam calls I don’t mind hearing Pat’s voice. Every call you don’t recognize should go to voicemail and can be blocked if you’re so inclined.
Politicians show their true colors at election time. A phone call can be informational if you listen but it’s more often irritating. It’s how it is.
A Republican PUC commissioner who is up for re-election after a lifetime in politics condemns the actions of a Democrat. Stop the presses…. Ho hum.
Pat Starr will do an excellent job as county Treasurer and has my vote.
I appreciated Mr. Starr’s call even though I voted absentee the first day it was allowed. Thank you, Pat Starr!
By the way, that PUC commissioner (Gary Hanson) “who is up for re-election” is the same one who tried to save Starr’s opponent in 2016 with a last minute endorsement.
So the phoniness continues. Starr’s 2016 opponent was black, while Hanson as mayor tried to get the local bishop to prevent the creation of a Spanish speaking Catholic church in our town. #RepublicansWillThrowAnythingAtTheWall. #TheyHaveNoShame #MulliganCity
It was my understanding that the FCC is not allowed to stop political speech using the Do Not Call Register and it would seem the same first amendment restrictions on prior restraint would apply to political speech on cell phones.
Given that the telecom carriers generally hire their lawyers from the top of the class it is surprising that if this was illegal why it was not stopped by the carrier DDOS tools while it was in progress. As I recall one of the cell carriers had their hands slapped for suppressing an abortion debate so it is not the first time the issue has arisen.
Has any telecom lawyer of note, who may have actually read all of the FCC regulations and precedence, weighed in on this?
In any event it will be interesting to hear what the originalists and textualists on the Supreme Court will propose James Madison thought about texting when he penned the bill of rights.
Good points Bellhead, originalists and textualists should be required to limit the freedom of press to merely the paper press and the freedom of speech to letters to the editor, soap boxes, chronic commenters, and night cryers.
But on second thought, doesn’t federalism prevail, which means that the FCC has the final say? Unless one is going to advocate the unconstitutionality of the 1996 Telecommunications Act, which means we need fifty individual acts to create a completed cell phone network.
Internet search;
There are some exemptions to the Do Not Call rules. Because of the limits to FTC’s authority, the Registry does not apply to political calls or calls from non-profits and charities (but the Registry does cover telemarketers calling on behalf of charities).
Why do you libtards talk about voter suppression all the time? Honestly, I may be too dumb, but, how exactly are votes being suppressed in South Dacola? Do the Republicans stand at the door to churches on election day and tackle anyone that looks like a tard to be sure they get every last Dem?
In small easy to understand words, exactly how are votes being suppressed in South Dacola?
“No” to voting boxes. Super precincts. Changing precincts. Distance to a precinct. Trying to intimidate legal robocalls. Taking civics out of our schools. Judge shopping after an initiative passes. Oh, and the convenient placement of super precincts for some over others.
I got to thinking about voter suppression. I believe the media is extremely guilty of it. After all, BOTH elections they have said the Dem is ahead, to try and keep the other side from voting. This year, we have all this hanky panky with mail in voting-nothing wrong with absentee. I’m beginning to think all these reports of Democrats sending in millions of ballots-and the media announcing the lead is too big to overcome-is another attempt at suppressing Patriots from voting.
I’ve got a really bad feeling that all these peaceful protesters are going to try and shut down polling places, or at least make it really difficult to get there. Democrats are an evil bunch….and it wouldn’t surprise me if they do it.