CA GOP Statement
CA GOP Statement
CA GOP Statement
(916) 442-7757
FAX (916) 442-7759
This firm responds on behalf of the California Republican Party, the Fresno County
Republican Party, and the Republican Party of Orange County, to your “cease and desist” letter
dated October 12, 2020. You have previously summarized the State of California’s liberal vote-by-
mail (“VBM”) law thusly:
The program you now falsely claim to be illegal is a perfect example of what you “proudly”
stated to be permissible just last year. In this case, voters have decided, for themselves, that they
trust the staff and volunteers at their local political Party headquarters, or their church, or a business
that they patronize, to securely deliver their completed VBM ballot to the appropriate election
official.
1
Letter from Alex Padilla to Congressman Rodney Davis, Ranking Member Committee on House Administration,
dated November 8, 2019.
Letter to Honorable Alex Padilla
Re: Cease and Desist Letter
October 14, 2020
Page 2
Identical programs were conducted without incident or objection from your office by the
California Republican Party and other civic minded organizations in connection with the 2020
Primary Election. In fact, at least one Democrat candidate for Congress is conducting a similar
program in his district right now. He calls it a “neighborhood ballot hub.” As indicated in the
attached, a “ballot hub” is a “location in a particular city where voters can drop off their ballots. For
example, it would be a porch or outside someone’s home so it can be socially distanced.” The hub is
to be “staffed by a volunteer ballot collector” and notably, the campaign will have a different person
(an “organizer”) “pick up the collected ballots at the end of the day.” (Exhibit, p. 5)
First, you have mischaracterized the actual program my client has put in place.
(1) No secure box is left unattended at any Party office/headquarters when voters are
permitted to deposit their completed VBM into the box. Party staff or volunteers
were so instructed.
(2) The Party did not place any secure box outside, or on the street, or any other non-
secure location where the general public can see or use the box. The picture you
attached, posted by Jake Tapper on twitter, was a photo taken by a church pastor
while the box was being delivered to his church. It was not placed curbside. It was
placed inside the identified church.
(3) All VBM ballots voluntarily provided by voters to a Party staff member or volunteer
and placed in a secure box, were delivered timely to the appropriate election official
as the law commands.
(4) The California Republican Party did not promote, or authorize the promotion of, the
secure boxes as “official mail drop boxes.” When we learned that a sign using the
word “official” was used in some locations on Saturday, October, 10, 2020, we
corrected that error immediately and within hours.2
Ironically, you have championed the recent changes in law that authorized the collection of
completed VBM ballots, and delivery to the appropriate election official, employed here. Indeed,
prior to these changes in law, political parties were specifically prohibited from delivering a
completed VBM ballot to an election official on behalf of a voter. That prohibition was deleted in
2016 by Assembly Bill 1921, which you supported.
Your letter incorrectly states that the law “require[s] that persons to whom a voter entrusts
their ballot to return to county election officials provide their name, signature and relationship to the
voter,” citing Elections Code section 3011(a)(9)-(11) [which merely states that the VBM
identification envelope must include a line identifying the name of the person designated to return
2
Notably, the picture of the sign outside a local Party office and the Fresno County Facebook and Twitter post do not use
the term “official.” Moreover, the post by the Palmdale Mayor identifying a number of local churches collecting ballots
is not a CRP effort.
Letter to Honorable Alex Padilla
Re: Cease and Desist Letter
October 14, 2020
Page 3
the voter’s VBM, the relationship of that person to the voter, and place for the signature of the
person designated].3 Your letter ignored AB 306, enacted in 2018, which eliminated that
requirement by adding subdivision (c) of that same section:
Moreover, there is no law that requires a third-party recipient of a VBM ballot to fill out the
identification envelope or imposes any penalty for the failure to do so. Based on the foregoing, it is
legal for any organization, or other person, to accept completed VBM ballots from any voter –
whether that is at a local Party headquarters, a church, or a union hall, or a voter’s doorstep. Indeed,
there is no requirement that the voter affix the name of the person to whom he or she has entrusted to
deliver the VBM on the actual envelope or even know his or her name.
Your letter also clearly objects to the use of a “box” to hold such completed VBM ballots.
We believe that temporarily holding VBM ballots in a locked box at a church or local Party
headquarters is more secure than a Party volunteer or paid operative holding harvested ballots
collected from voters at a senior center in the back seat of his or her car – though both are legal.
Your office has never proposed legislation or enacted any regulation concerning the security of
ballots collected by individuals or organizations pursuant to California’s ballot harvesting law.
The California Republican Party opposes ballot harvesting and wishes you had enacted
adequate ballot security provisions after the laws were changed. Its program of collecting (not
soliciting) VBM ballots from voters who voluntarily choose to entrust their ballot to the Party
volunteers, is more secure, by far, than the door-to-door solicitation we have seen from the Democrat
Party (See, https://www.youtube.com/watch?v=0s-9Q_N09H0&feature=emb_logo).
Your letter cites Elections Code section 3025 and regulations applicable to the use of VBM
ballot drop boxes. As you know, those laws only apply to “county elections officials.” Nonetheless,
the California Republican Party did not, and does not, condone any attempt to suggest that its box is
a County VBM drop-off location or drop box.
In short, the box is simply a secure receptacle used to hold completed VBM ballots
voluntarily entrusted to the Party, by the voter, until that ballot is delivered to the appropriate
election official – nothing more. Such ballots have been collected and delivered to County election
officials, as the law requires and as promised to voters who deposited their ballot into the boxes.
3
We have no objection to including the name and signature of the individual delivering VBM ballots to County election
officials on the identification envelope.
Letter to Honorable Alex Padilla
Re: Cease and Desist Letter
October 14, 2020
Page 4
(1) Accept VBM ballots voluntarily delivered by voters to a local Party office or
headquarters through election day;
(2) Secure such VBM ballots in a locked and secure box until those ballots are delivered to
the appropriate election official no later than 72 hours from receipt;
(3) Ensure that such boxes are attended to at all times the office is open to the public;
(4) Instruct our staff and volunteers on these procedures; and
(5) Make the boxes, and instructions on its proper use, available to any person or
organization desiring to collect VBM ballots.
(1) Place boxes unattended, outdoors, or in other places where the general public gather; and
(2) Represent that such boxes are “official” VBM drop boxes.
Sincerely,
Thomas W. Hiltachk
Cc:
California Secretary of State Fred Vanderhoof, Chairman
Rachelle Delucchi [email protected] Fresno County Republican Party
Robbie Anderson [email protected]
Fred Whitaker, Chairman
District Attorney, Fresno County Republican Party of Orange County
Hon. Lisa A. Smittcamp [email protected]
Dr. Richard Sherman, Chairman
District Attorney, Los Angeles County Republican Party of Los Angeles County
Hon. Jackie Lacey [email protected]
Exhibit
Volunteering with Harley During GOTV
GOTV Overview 1
Why GOTV? 1
How will we be getting out the vote during a pandemic?! 1
Reporting 10
Definitions 11
Reporting Guidelines 15
What to do between shifts/reports? 15
Voting Information 15
Contacts:
Field Director - Liz Byrnes-Mandelbaum - (310) 270-5530, [email protected]
Mobilization Director - C.J. Mayer - (917) 428-1236, [email protected]
1
GOTV Overview
Why GOTV?
GOTV, or “Get Out the Vote,” is our final sprint to Election Day! It’s how we win!!! A
well-run Get Out the Vote program can increase turnout and support by 3-5%. That’s a lot!
And with amazing volunteers like you all, we will do just that. During GOTV, we’ll call as
many voters as we can to persuade them to vote for Harley, and make sure supporters cast their
ballots. This year, GOTV is a much larger window of time because almost everyone will be
voting from home over the month of October. GOTV is our last chance, and our best chance, to
win over as much support as possible for Harley!
GOTV is a very busy time. We will have more phone bankers coming in and out of our zooms
from around the country than we ever have before. That’s why it’s so important to practice
during our “Dry Runs” (the weekends leading up to GOTV) so that by the time the final month
rolls around, everyone knows exactly what we need to do. We’ll use the procedures outlined in
this manual for our Dry Run on the weekends of September 26th and October 3rd, and for the
entire duration of GOTV.
Not to fear, we have safe systems in place to reach out to voters and collect ballots that won’t
risk people’s lives! We will be using virtual zoom rooms, which we are calling “Virtual Staging
Locations,” as central “locations” for phone banking and voter contact done from home. We
will also have physical ballot hubs in eleven of the cities in CA-48 to ensure easy and accessible
ballot drop offs for voters.
2
Training captain
This position will teach the phone bankers how to use our phone banking system and what our
conversations will look like. You have all made amazing calls and know how the system works.
The training captain will answer the FAQs and get the ball rolling for the phone bankers! This
role will also help with debriefing with phone bankers about their experience on the phones!
● Training phone bank volunteers
● Keeping track of phone bankers and answering their questions
● Organizing call links
Confirm captain
This is an essential role! This captain will welcome everyone at the beginning of each shift, send
out the sign-in link at each shift, call volunteers that have not shown up, call volunteers to
confirm their next shifts, and then debrief with phone bankers after their shifts.
● Greeting volunteers as they come into the zoom
● Sign-in and reschedule volunteers for more shifts (Link to sign in hr4oc.us/signin)
● Temporarily running the phonebank room with the group of experienced callers
● Following up/calling volunteers who flaked on their shift
● Confirm calling for next shift
● Recruiting additional volunteers between shifts
● Runs debrief at end of shift
4
Tech Captain
We are living in a new world! Because everything is virtual, we need to make sure we are doing
everything we can to troubleshoot problems and have extra hands on deck, especially as folks are
entering new tech environments that they may not know well.
● Troubleshooting zoom, tech issues, google forms
● Tracker checking (checking the zoom waiting room for spies from the other side)
● Bouncer for zoom waiting room (letting people into the zoom at the beginning of
every shift)
● Help with calling if not helping with tech
● The master of the google sheets!
The Staging Location Director communicating with the Boiler Room should be the clear and
only line of communication on all matters. In general, please default to always immediately
calling the Boiler Room with any questions, to report any problems, or if something goes wrong.
A location in a particular city where voters can drop off their ballots. For example, it would be a
porch or outside of someone’s home so it can be socially distanced
- Needs WIFI
- Staffed by a volunteer ballot collector
Please follow this schedule precisely each day. Times when reports are submitted into the
Google Form and are verified via phone call are indicated in bold. (Some useful lingo: SLD =
Staging Location Director; “flake chase calls” = calls to folks who didn’t show up to remind
them to come in for their shift or the next one; Boiler Room = the person assigned to take reports
from your Staging Location)
TIME ACTION
Everything moves quickly during GOTV. The campaign needs to know whether the voter
turnout strategy is working. Our team needs to know whether the campaign is reaching enough
voters to win. We are making decisions about distributing resources or adjusting the voter
turnout plan according to the numbers we receive from each Staging Location and the
corresponding polling locations. Because decisions about where to put resources or adjust
strategy must be made in real time during every day of GOTV, accurate reporting is
crucial. It can be difficult to keep track of the number of calls in the Staging Location or the
number of volunteers who have come in to complete a shift. That’s why we establish reporting
systems and practice using those systems during Dry Runs.
The Staging Location Director will submit reports at precise times each day on a Google Form
according to the Tick Tock. The reports should include everything that happens up to the minute
before the reporting time, with any new volunteers coming on after report time to be reported in
the next shift’s report:
Definitions
● Shift:
○ Definition A: one volunteer making calls for three hours.
○ Definition B: Referring to one of the 3-4 shifts throughout the day (9am, Noon,
3pm, 6pm)
● Confirmed Shift
○ A volunteer who has been confirmed for their GOTV time slot
● Confirm Call
○ The call a leader makes to confirm a volunteer for their GOTV timeslot
● Flake/No Show
○ Someone who is scheduled or confirmed for a shift/s and doesn’t show up
● Flake Chase Call
○ The call a leader makes to a volunteer who did not show up to their committed
time to get them scheduled for a new time
● Reshifts/New Shifts Scheduled
○ The amount of new scheduled shifts that either the volunteers commit to through
the reshift form during GOTV, or that leaders recruit through volunteer
recruitment calls
● Staging Location Open
○ All leadership is on the zoom and each one of them is a co-host
● Staging Location Closed
○ All volunteers are off the zoom, confirms are done for the next day, and closing
report is in
● Volunteers
○ Anyone that is not a part of the campaign or staging location leadership that is
there to make calls or do relational outreach.
● Sign Ups for Upcoming Shift
○ The combination of confirmed and scheduled phonebankers for the next shift
12
● Opening Shift (opening SL)
13
● Throughout
14
● Closing out shift (closing out SL)
15
Reporting Guidelines
1. Only count the number of volunteers who showed up before reporting time. Include
latecomers in the next report.
2. If someone has signed up for multiple shifts in a day, please supply them with all the
supplies they will need for the whole day when they first arrive.
3. If someone completes their shift, then decides to do another shift (yay!), they should be
included in the volunteer counts for both shifts.
4. Organizers or other staff may join a launch from your Staging Location - yay! For
reporting purposes, we don’t count these folks as “shifts”, but we will count the call
numbers they make!
5. Not everyone will complete 50 calls each. Some will do hundreds. The time between
shifts is a GREAT time to do a little clean up and finish out the 50 calls for a volunteer!
It can feel like there is a lot of waiting around during GOTV! But, there is a lot to do, so if you’re
at a Staging Location, there are a number of things you can do to make the most of your time:
● Make GOTV, persuasion, or volunteer recruitment calls along with the phone bankers
● Confirm volunteer shifts
● Make sure everything is in order, zoom is problem free
Voting Information
If anyone (voter or volunteer) has any questions regarding their ability to vote, or has questions
beyond what the information on our campaign literature provides, please immediately direct
them to our voter assistance hotline. (949) 482-2488
16
Overview of Trainings and Best Practices for Staging
Location Leaders
Hard Ask One-Pager
What is the hard ask? The hard ask is an organizing tool we use to optimize volunteer
recruitment. It assumes the person will say yes and doesn’t comfortably give them a chance to
say no. In order to do this, we use very specific language; we offer two options and ask when
they can join us, not if o r can. The hard ask is confident, persistent, urgent and incorporates
social pressure.
Why is the hard ask important? Organizing is all about asking. An effective hard ask makes it
easier to the person you’re asking to say yes.
Assume the Approach the call like you’re talking to a friend! At this point
person will say you’ve already identified them as a supporter, and if they’re a
yes supporter of course they want to do everything possible to get
Harley re- elected.
When, Not If or If or can gives the person an excuse to say no. When, makes it
Can easier for them to say yes.
Add Urgency We only have 3 weeks until the election, we’re running out of time.
Build on that.
Ex: “We only have three Saturdays left from now until election
day. This Saturday we’re going to be calling at 9 and 12, when
works better for you”
Incorporate Social People respond best if they think everyone’s doing it. You
Pressure wouldn’t want to go to a party if no one is there!
Ex: “We only have three Saturdays left from now until election
day. A bunch of your neighbors are going to be joining us in
making calls this weekend. This Saturday we’re going to be
calling at 9 and 12, when works better for you to help us get
Harley re- elected?
Be Persistent Keep asking! More often than not, every yes starts as a no. If they
say no to one time offer another!
18
There are a few principles to keep in mind when you are making confirmation calls:
1. Be yourself.
2. Listen attentively.
3. Reshift.
4. Stay positive!
’ Do’
● Use social pressure. We’re counting on them and they need to know that!
● Use assumptive language. Assume they’re going to show up but still call everyone
multiple times!
● Be Persistent. Both in your conversations but also in the number of times you attempt to
reach a volunteer.
● Follow Schedule In Tick Tock. This will help you make multiple rounds of confirm
calls.
● Get Scrappy. Leave messages! Send Texts! Anything you need to do to get in touch
with these volunteers.
● Reshift. If they say no, make sure you get them scheduled for another shift, preferably
on the same day or in the same weekend.
● Double Confirm. Just because they said they were coming yesterday it doesn’t mean
they remember the zoom link! Call to check in to confirm they have the link.
● Make Flake Calls. Why didn’t they show up? Maybe they forgot, maybe they got lost,
maybe something came up last minute. Either way, you should reshift them.
’ Don’t’
● Let them off the hook. No one is too busy. We only have a few weeks left and Harley is
counting on them.
● Skip rounds of confirms. We’re doing multiple passes for a reason, and that’s to
mitigate the expected 25% flake rate.
● Use a soft ask. They made a commitment to join us and we planned accordingly. If they
don’t show up it can mess up the operation as a whole. Use social pressure and use a hard
ask to get them reshifted.
19
Shift Confirm Script
Hi, could I please speak with ____ ? Hello, ___ , this is YOUR NAME, a volunteer with
Representative Harley Rouda’s team in ____. How are you today?
I’m calling to thank you for signing up to attend [EVENT] at [TIME OF SHIFT] on
[DAY], and I wanted to make sure you had all the information you needed - do you have
the zoom link?
[If they CONFIRM] We’re looking forward to seeing you! We already have a call list
with your name on it! We’ll start with a great training, and there will be a lot of other
fantastic volunteers there, so it’s bound to be a great time! Can we count on you to bring a
friend or family member with you!?
[If they DECLINE] Gotcha. I definitely understand that schedules can shift around. But,
we’re in crunch time and only have [number] weekends left to ensure Harley wins this
November. We will also be doing [action they are already signed up for] on [same day
they are signed up for but different time] and also [action they are already signed up for]
on [following day]. Which day would work better for you?
Work hard to get them rescheduled for an upcoming shift! If you’re hitting a wall,
emphasize that we’re running out of time and really need their help!
[If they are CONFIRMING TWICE] This is going to be a fantastic volunteer event and
we can’t wait to see you there!
Thank you for being a part of team Harley! Our grassroots organizing efforts are going to
be the difference between winning and losing. Thank you again for making an impact for
your community and we’ll see you soon!
20
Don’t
● Don’t give people an ‘out.’ Steer clear from using language like, “Do you have a minute
to talk or are you busy?” or, “Can we count on your support or are you still thinking
things through?” as these make it easy for someone to tell you ‘no’ and shut down the
conversation. Don’t let someone shut down the conversation about their plan vote too
early. It’s vital for the voter to completely visualize how they will vote, step by step.
● Don’t spend too long on any one call. A good rule of thumb is to spend no more than 3
minutes on any one call.
● Don’t be rude to anyone. Remember, you represent Congressman Rouda.
● Don’t feel pressured to know all the answers to policy questions. You may get questions
that you don’t have the answers to, and that’s OK. Connect with the voter on a shared
value, or let them know you don’t know the answer but that the campaign will follow up with
them later.
● Don’t speak negatively about other points of view or people. This includes other candidates.
21
Don’t stray from the chain of command. The campaign has implemented a chain of
command to make reporting during Dry Runs & GOTV as efficient as possible. Straying
from the chain of command creates logjams and miscommunication.
Keep making confirmation calls. This can be the difference between lots of people showing
up and no one showing up. Keep making confirmation calls during Dry Runs & GOTV.
Keep training. Great trainings make for great call volunteers. Training should include why
GOTV is important, an overview of the script, how to use the call link, and important
reminders. All callers, regardless of experience level, should receive training for GOTV since
our language and goals will be different.
Stay flexible. In a best case scenario, all goes according to plan and your day will be very
smooth. That being said, expect the unexpected. The Boiler Room may call and ask your team
to help address an issue. Stay nimble and ready to change your priorities and your procedures.
Stay calm. Just like any other campaign event, make sure that everyone knows we don’t yell.
Even the best volunteers can lose control, so remember to have this conversation with your
team before things get crazy.
Learn from each day. At the end of each night, talk with your Staging Location Leadership
team about what worked well and what can be improved. Celebrate success and establish best
practices.
Make it fun! Dry Runs & GOTV can be stressful. Remember to breathe, smile and keep the tone
of your voice calm and positive. Be like a duck in water. It’s important for Staging Location
Leadership to set a great example for every volunteer that comes through the door. Saving
democracy is intense, but we’ll be better at it if we’re also having fun!
22
SLL Tick Tock
WHAT'S Training Confirm Tech
Time HAPPENING SL Director Captain Captain Captain
“Staging
Location”
8:30 AM REPORT Opens Start Zoom Join Zoom Join Zoom Join Zoom
Phone bankers
begin, Confirm supporting
Captains Begin wherever Run Breakout flake chase flake chase
9:20 AM Flake Calls needed room calls calls
23
Confirm
Captain Begin supporting confirm and confirm and
Confirm Calls wherever Run Breakout recruitment recruitment
10:30 AM for Shift 2 needed room calls calls
Closes supporters
breakout Helps with wherever
11:45 AM Begin Debrief rooms debrief Runs debrief needed
Marks people
in attendance
sheet for
attendance Assisting Greeting/
and sign-in confirm sending out Admits
12:00 PM Shift 2 Begins form captain sign in sheet Volunteers
Explains
breakout
room and Goes to
how to join Phonebankin Opens up
Collecting and who g breakout breakout
12:08 PM numbers should join room rooms
Runs
breakout
room for
Filling out Starts experienced Helping
12:10 PM Begin Training report Training phonebankers everywhere
Shift 2 reports
are submitted Running
into the Google Report breakout Helping
12:15 PM REPORT form by SLD submitted Training room everywhere
Phone bankers
begin, Confirm supporting
Captains Begin wherever Run Breakout flake chase flake chase
12:20 PM Flake Calls needed room calls calls
Confirm
Captain Begin supporting confirm and confirm and
Confirm Calls wherever Run Breakout recruitment recruitment
1:30 PM for Shift 3 needed room calls calls
24
Closes supporters
breakout Helps with wherever
2:45 PM Begin Debrief rooms debrief Runs debrief needed
Marks people
in attendance
sheet for
attendance Assisting Greeting/
and sign-in confirm sending out Admits
3:00 PM Shift 3 Begins form captain sign in sheet Volunteers
Explains
breakout
room and Goes to
how to join Phonebankin Opens up
Collecting and who g breakout breakout
3:08 PM numbers should join room rooms
Runs
breakout
room for
Filling out Starts experienced Helping
3:10 PM Begin Training report Training phonebankers everywhere
Shift 3 reports
are submitted Running
into the Google Report breakout Helping
3:15 PM REPORT form by SLD submitted Training room everywhere
Phone bankers
begin, confirm supporting
captain begins wherever Run Breakout flake chase flake chase
3:20 PM flake calls needed room calls calls
supporting confirm and confirm and
Begin Confirm wherever Run Breakout recruitment recruitment
4:30 PM Calls for Shift 4 needed room calls calls
Closes supporters
breakout Helps with wherever
5:45 PM Begin Debrief rooms debrief Runs debrief needed
25
Marks people
in attendance
sheet for
attendance Assisting Greeting/
and sign-in confirm sending out Admits
6:00 PM Shift 4 Begins* form captain sign in sheet Volunteers
Explains
breakout
room and Goes to
how to join Phonebankin Opens up
Collecting and who g breakout breakout
6:08 PM numbers should join room rooms
Runs
breakout
room for
Filling out Starts experienced Helping
6:10 PM Begin Training report Training phonebankers everywhere
Shift 4 reports
are submitted Running
into the Google Report breakout Helping
6:15 PM REPORT form by SLD submitted Training room everywhere
Phone bankers
begin, confirm supporting
captain begin wherever Run Breakout flake chase flake chase
6:20 PM flake calls needed room calls calls
Confirm
Captain Begin supporting confirm and confirm and
Confirm Calls wherever Run Breakout recruitment recruitment
7:30 PM for Tomorrow needed room calls calls
Closes supporters
breakout Helps with wherever
8:45 PM Begin Debrief rooms debrief Runs debrief needed
“Staging
Location” closes Supports Supports Collecting
- deliver final Report wherever wherever and verifying
9:15 PM REPORT report for day submitted needed needed numbers