AZ GOP Executive Director accused of misusing Voter Vault

Posted by AzBlueMeanie:

Arizona Republican Party Executive Director Brett Mecum just can't seem to stay out of trouble. Back in May he was arrested on a charge of criminal speeding and reckless driving, captured by a photo-radar doing 109 mph on Loop 101. The charges were later dismissed by Arrowhead Justice Court Judge John C. Keegan who rejects the constitutionality of photo-radar prosecutions in his court. (I happen to agree with Hizzonor but convictions for photo-radar tickets should not depend upon the luck of the jurisdiction and luck of the draw of the judge). Arizona: Judge Throws Out Political Arrest Based on Photo Ticket

Mr. Mecum may not be so lucky this time with the hot water he finds himself in. The Arizona Capitol Times Yellow Sheet (subscription required) reports Arizona Capitol Times » Blog Archive » GOP’s Mecum subject of complaint:

The executive director of the Arizona Republican Party is accused of using voter registration information from the GOP’s online database to find a woman’s address and crash a party at her house in an affidavit dated last month, filed with the sheriff’s office and obtained by Yellow Sheet.

But Brett Mecum, the subject of the complaint, denies the accusations, calling them “politics at the lowest level.” In the document, the woman who filed it claims Mecum arrived uninvited at her home for an Aug. 29 party. “I was shocked to see him show up at my party,” writes the woman, whose name is redacted in the document that Yellow Sheet obtained.

“He had never been to my house, and I had never told him where I lived. I asked him how he found my address, and he responded, ‘I looked it up on Voter Vault. I called a staffer to look it up for me there.’” State law (ARS 16-168) says voter registration lists can be accessed or reproduced by the voter, authorized government officials, for signature verification on petition and candidate filings, for election purposes and for news gathering purposes. Violation of the statute is a class 6 felony. To access Voter Vault information, the state party requires users to accept an agreement stating that they are using the information for political purposes authorized by the party.

Lt. Brian Lee, a spokesman for the Maricopa County Sheriff’s Office, confirmed the complaint has been filed. “We have received the complaint and we are looking into it,” he said.

Here is a copy of the affidavit (h/t Sonoran Alliance blog):

The Arizona Revised Statute referenced in the article A.R.S. Sec. 16-168 provides, in pertinent part:

E. Precinct registers and other lists and information derived from registration forms may be used only for purposes relating to a political or political party activity, a political campaign or an election, for revising election district boundaries or for any other purpose specifically authorized by law and may not be used for a commercial purpose as defined in section 39-121.03. The sale of registers, lists and information derived from registration forms to a candidate or a registered political committee for a use specifically authorized by this subsection does not constitute use for a commercial purpose. The county recorder, on a request for an authorized use and within thirty days from receipt of the request, shall prepare additional copies of an official precinct list and furnish them to any person requesting them on payment of a fee equal to five cents for each name appearing on the register for a printed list and one cent for each name for an electronic data medium, plus the cost of the blank computer disk or computer software if furnished by the recorder, for each copy so furnished.

F. Any person in possession of a precinct register or list, in whole or part, or any reproduction of a precinct register or list, shall not permit the register or list to be used, bought, sold or otherwise transferred for any purpose except for uses otherwise authorized by this section. A person in possession of information derived from voter registration forms or precinct registers shall not distribute, post or otherwise provide access to any portion of that information through the internet except as authorized by subsection J of this section. Nothing in this section shall preclude public inspection of voter registration records at the office of the county recorder for the purposes prescribed by this section, except that the month and day of birth date, the social security number or any portion thereof, the driver license number or nonoperating identification license number, the Indian census number, the father's name or mother's maiden name, the state or country of birth and the records containing a voter's signature shall not be accessible or reproduced by any person other than the voter, by an authorized government official in the scope of the official's duties, for signature verification on petitions and candidate filings, for election purposes and for news gathering purposes by a person engaged in newspaper, radio, television or reportorial work, or connected with or employed by a newspaper, radio or television station or pursuant to a court order. A person who violates this subsection or subsection E of this section is guilty of a class 6 felony.

Using voter registration information to locate someone you are romantically attracted to is not an authorized "political or political party activity." As the article notes, "To access Voter Vault information, the state party requires users to accept an agreement stating that they are using the information for political purposes authorized by the party." If the allegations of the affidavit are true, Mr. Mecum is in breach of this confidentiality agreement with the Arizona Republican Party and it is grounds for termination.

The Arizona Democratic Party likewise requires a confidentiality agreement for access to its VAN system, and my recommendation as a lawyer would be to conduct a thorough investigation and to terminate anyone found to have violated the terms of the confidentiality agreement under the circumstances described. The Party can limit its exposure to legal liability by terminating an employee for an intentional criminal act not authorized by the employer nor within the authorized course and scope of employment of the individual violating the confidentiality agreement.

If Mr. Mecum did, in fact, do as the affidavit alleges, failure of the Arizona Republican Party to investigate and to take appropriate disciplinary action up to and including termination where warranted, could be construed as ratification of the individual's criminal act, exposing the Party to legal liability. (Disclaimer: This discussion does not constitute legal advice, nor does it give rise to an attorney-client relationship.)

Mr. Mecum's problems do not end here. There are criminal statutes for stalking 13-2923 - Stalking; classification; definitions and for criminal harassment 13-2921 - Harassment; classification; definition, both of which may be applicable to the particular facts of this case (to be determined by the evidence at trial).

There are also various civil tort claims the alleged victim may assert against Mr. Mecum and the Arizona Republican Party. Any competent lawyer the alleged victim has retained has already discussed this with her.

Comments

[Eli Blake]

This guy sounds really creepy.

[AZ BlueMeanie]

Well Lezli, most of your comments are deleted because of their ignorant racist content. You are a truly offensive individual. This one was removed because ACORN is in no way pertinent to this story. I have never written about ACORN, so your penchant for just making up shit, like falsely and recklessly claiming I defend a corrupt organization - is another reason why your comments get deleted. You have nothing of value to add to the discussion. Your only purpose is to be offensive or outrageous. You are a troll, and trolls get deleted. http://arizona.typepad.com/blog/2009/08/do-not-feed-the-trolls-dnftt.html