RNC Denies Coordinating with Trump Campaign on “Ballot Security,” Says RNC Members Who Are Coordinating Working in Their State Party Capacities

See this Republican response and this declaration by John Phillippe Jr.  Some excerpts from the response:

Mr. Phillippe also personally interviewed Governor Mike Pence, and asked him about the statement he made regarding “ballot integrity” on August 3, 2016. See id. ¶¶ 12-13. Governor Pence confirmed that he made the statement based on his incorrect assumptions, and that he has had no contact with the RNC about any ballot integrity program and has no basis to believe that the RNC is working with the Trump campaign on such efforts. See id ¶¶ 13, 16. Mr. Phillippe also spoke by telephone with the Trump campaign’s campaign manager, Kellyanne Conway. See id. ¶ 14. She confirmed that she retracted the statement cited by the DNC in its motion and that she “has no knowledge of, and knows of no facts indicating, the RNC’s involvement in any poll monitoring activities in any state.” Id. ¶ 15; see also id. ¶ 16.

The RNC also took steps to further investigate the DNC’s mistaken allegations that the RNC has been involved in ballot security measures in Pennsylvania and Michigan. See Phillippe Decl. ¶¶ 17-22; Gleason Decl. ¶¶ 3-6; McDaniel Decl. ¶¶ 3-6. As shown in the Declaration of Pennsylvania Republican State Party Chair Rob Gleason, and as confirmed in the news article cited by the DNC, Mr. Gleason was quoted in the news article in his capacity as State Party Chair, not in his capacity as an RNC member. See Gleason Decl. ¶ 5. His declaration confirms that the RNC is not participating or assisting in the State Party’s poll watching effort. See id. ¶¶ 3-6. Similarly, as shown in the Declaration of Ronna Romney McDaniel, and as confirmed in the news article cited by the DNC, she was quoted in her capacity as Chairwoman of the Republican Party of Michigan, not in her capacity as an RNC member. See McDaniel Decl. ¶ 5. Ms. McDaniel also confirms that the RNC is not participating or assisting in the State Party’s poll watching effort. See id. ¶¶ 3-6. As this Court previously concluded, both in 1990 and in 2008, the Consent Decree “applies only to the actions of the RNC” and not to actions taken by employees or agents for other committees or organizations. Democratic Nat’l Comm. v. Republican Nat’l Comm., 671 F. Supp. 2d 575, 581-82 & n.1 (D.N.J. 2009). When an individual is acting solely in his or her capacity as a state party chair that conduct cannot and should not be attributed to the RNC. See McConnell v. FEC, 540 U.S. 93, 157 (2003) (noting that statutory prohibition on national parties’ soliciting or directing soft-money contributions does not apply to officers of national parties when they are acting “in their individual capacities” or in their capacity as “officials of state parties”).

Not sure the second point will fly with the court on agency.

More filings tomorrow on the extent of poll watching etc. by all involved.

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