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Gothmog

(145,231 posts)
9. Battleground fights back and proves me right
Wed Feb 26, 2014, 03:05 PM
Feb 2014

Battleground has responded to the claims of O'Keefe and their lawyers agree with my position that Texas law was not broken. Here is the letter from the lawyers for Battleground on this issue https://docs.google.com/file/d/0BxeOfQQnUr_gcGVSQURDelZSXzg/edit?pli=1 The same firm that represents President Obama is representing Battleground. This response is well done. Here is a link to one of the opinions from Greg Abbott that is cited in this letter https://www.texasattorneygeneral.gov/opinions/openrecords/50abbott/orl/2010/htm/or201008083.htm

You also argue the voters' telephone numbers and dates of birth are excepted from disclosure, and highlight language in sections 13.004(a) and 13.004(d) of the Election Code. However, for information to be confidential under section 552.101, the provision of law must explicitly require confidentiality. A confidentiality requirement will not be inferred from a provision's structure. See Open Records Decision Nos. 658 at 4 (1998) (stating that statutory confidentiality provision must be express and confidentiality requirement will not be implied from statutory structure), 478 at 2 (1987) (stating that, as general rule, statutory confidentiality requires express language making information confidential), 465 at 4-5 (1987). Section 13.004(a) prohibits the county from transcribing, copying, or recording a voter's telephone number. See Elec. Code § 13.004(a). Section 13.004(d) prohibits the posting of certain specified information on a website. See id. § 13.004(d). Because neither section 13.004(a) or section 13.004(d) explicitly provides that information is confidential, we find that the county may not withhold the telephone numbers and birth dates of voters from the requestor under section 552.101 of the Government Code in conjunction with section 13.004 of the Election Code.

It is clear that Battleground is not violating any law and that O'Keefe is lying. I also love the fact that fool Christian Adams was too stupid to read Texas law on this issue http://pjmedia.com/jchristianadams/2014/02/19/new-okeefe-video-battleground-texas-violates-election-law-to-help-wendy-davis/ Christian Adams is the idiot who was illegally hired by the bushies and had to leave the DOJ when real attorneys took over. I love it when this fool is shown to be ignorant of the law
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