Candidate Voting Records Become Campaign Issue
By STEPHEN SIEGEL
Falls Church Times Staff
April 23, 2012
A surprising issue has joined taxes, schools, and stormwater management in the race for the Falls Church City Council: past decisions by candidates to vote, or not vote, in local elections.
The issue arose in a comment on the Falls Church Times last week by a man named Elliot Mitchell, who identified himself as being from Arlington. Despite his ostensible Arlington location, he said he was working with a candidate for Council whom he did not identify, and noticed that some of the candidates had not always voted in local elections.
He cited Lawrence Webb and Paul Handly for having inconsistent attendance records at the polls in previous elections. Mr. Webb disputed the assertion, while Mr. Handly appears to have ignored it.
Mr. Mitchell then suggested that failing to vote in local elections is a serious shortcoming that should cause residents to avoid supporting Messrs. Webb and Handly in this year’s Council race.
“Sure, everyone misses a vote here and there,” Mr. Mitchell wrote. “We’re all busy. But it looks like Handly and Webb have chosen, for whatever reason, to NOT (sic) vote in local elections. For someone running for a local office, that’s unconscionable.”
Subsequent opinion on the comment thread was mixed. Some thought it was valuable information that the media should be digging up. Others thought it was slimy or a dirty trick, and wanted to know for whom Mr. Mitchell was working.
But no further information was posted by Mr. Mitchell. So the Times decided to investigate. We quickly learned that the computer he used to write his comment was either the very same computer, or one on the same network, as one of the candidates, because they had the exact same Internet Protocol (IP) address, which is like a street address for computers connected to the Web.
Further research showed that a man named Elliot Mitchell also works at the same organization as one of the candidates. The Times left a message on Mr. Mitchell’s office voicemail Thursday that was not returned, and tried again Friday afternoon, only to get voicemail again.
In both cases, the candidate was the same individual: John Lawrence.
After being unsuccessful reaching Mr. Mitchell, the Times called Mr. Lawrence Friday afternoon while he was out canvassing for votes door to door. Asked what he knew about Mr. Mitchell and his assertion, Mr. Lawrence said only: “I have no comment.”
He promised to speak further about it with a reporter this weekend, but failed to return the call.
That the voting data is available at all may seem somewhat surprising. But it is legally available for a fee from the Virginia State Board of Elections in certain specific circumstances.
Those eligible to buy it must fall into one of three categories: candidates for election, political party committees, and incumbent politicians. People not fitting those categories are not eligible.
The use of the information is restricted to candidates to “further their candidacy”; parties “for political purposes only”; and politicians “to report to their constituents.”
Additional information about obtaining voter histories is available through the Virginia State Board of Elections, www.sbe.virginia.gov.
By Stephen Siegel
April 23, 2012
Thanks to the editors for digging into this. I will take it into consideration as I decide about the election. Sounds like Washington politics right here in our town.
Posting the information was one thing but, being wrong was quite another. I guess we know Chuck Colson, master of dirty tricks, was not involved.
Oh good grief. As long as they attend the council votes, they can exercise their constitutional rights or not. I, for one, would like to know who Mr. Mitchell is working for so I can exercise MY right NOT to vote for an individual with such poor choice in tactics.
This is absurd.
That is very disappointing news.
Unless Mr. Lawrence has some credible explanation for the original post (including who Mr. Mitchell is, if he even exists), I for one won’t vote for him.
I am not entirely sure how an individual’s voting record is relevant to his/her fitness to serve in elective office, but I am quite sure in my own mind that trying to smear others with that sort of information is not acceptable.
You correctly listed the sorts of issues that should be in play in this Council election; one’s voting record should not be.
Thanks for the information on the availability of voting histories from the State Board of Elections. I had not realized that was available and frankly am not sure it should be, but that’s an issue for another day.
If Mr. Lawrence confirms and responds….I wonder if he will try to distance himself from this person…..a rogue consultant? unauthorized action?
I still expect an apology to Mr. Webb after he seems to have been wrong in his accusation about his voting record.
We may need to create a name for this brouhaha ……contest anyone?
Unlike Mr. Brew, I believe a consistent record of voting in local elections IS an indication of fitness for local office. Consistent voting in local elections indicates an interest in and commitment to one’s local community. I don’t want someone on my city council who has not cared enough about city policy to take a few minutes and vote. Anyone can have an emergency which causes them to miss voting one time, but a consistent pattern of not voting in local elections indicates a lack of interest and probably a lack of knowledge of recent local history. Commitment and local knowledge are important requirements for local office.
In response to Ms. Phillips, our different perspectives are, in the end, part of what elections are about. While I have no reason to challenge your views on a candidate’s voting record, I do have a couple of questions –
Given the importance you place on the voting record of candidates for local public office, have you been able to acquire such information in prior election cycles (and if so, how)?
Given that the information provided by “Mr. Mitchell” relating to Mr. Webb’s voting record appears to be incorrect (or, at a minimum, has been challenged as incorrect by Mr. Webb), what faith do you place in the rest of the information provided by “Mr. Mitchell” and how will you reconcile the discrepancy with respect to Mr. Webb’s voting record as you decide on which candidates to support in this election?
I think voting records are relevant. What I don’t like about this is that Mr. Lawrence has apparently used a proxy to produce this information, and then offers “no comment” when confronted on it. Why didn’t he have the courage to just produce the results himself and ask his fellow candidates to account for their failed voting records?
In previous comments online, Mr. Lawrence was critical of Washington politics and endorsed the nonpartisan nature of FC elections. Yet his actions–highlighting his campaigning for Pres. Obama on his website, and now this–show that he does not practice what he preaches.
(By the way, Mr. Handly ignores this information at his own peril. If his lack of a voting record is real, it’s quite damning for someone running for office.)
Mr. Brew,
In response to your first question, I have worked on a number of city council campaigns. Typically the campaign used SBE voting data to decide which doors to knock on. Going door-to-door is very time-consuming, and we wanted to only visit those homes likely to vote.
On the second issue, I don’t understand the two different sets of information. I hope the proper facts will come out as this is discussed. The answer to your question is simple: I know Lawrence Webb and I know his consistent interest and commitment to the city and I believe the data he put forth.
Ms. Phillips,
Thanks for your response.
Two quick follow up questions by way of clarification (as you can tell, the issue does interest me):
While I appreciate how candidates would make use of SBE data to help them target which citizens to talk with (I confess I am still a bit uneasy about that information being available), that doesn’t address how a candidate’s personal voting history would be at play in an election.
Perhaps as part of your personal work on prior campaigns, you may have separately looked up the voting history of the other candidates to help you decide which other candidate you might support, but unless that information was made public (as it was this time by “Mr. Mitchell”), other voters would not have access to that history.
So, to reframe the first question – in prior election cycles in Falls Church, are you aware of candidates’ personal voting histories being made public and thus part of the election dynamic? I do not recall that happening and that was what I was trying to check.
And as to the second issue – given that you believe Mr. Webb, that would seem to mean that you don’t believe “Mr. Mitchell,” at least with respect to Mr. Webb’s personal voting record. Does that suggest that the rest of “Mr. Mitchell’s” information is suspect as well (both as to when candidates didn’t vote in prior elections and when they did)?
I am troubled by this and have mixed feelings about why. Since a secret ballot doesn’t guarantee a secret voter, it seems to be OK to do. However I really dislike last minute slams. I hope that Mr. Lawrence was caught off guard by the revelation and will discuss it with us and I hope that Mr. Handly will offer us an explanation now that he has been accused. I know that all of us miss the opportunity to vote at one time or another. Although I have not known Mr. Webb well, my few encounters have been positive. My brief introduction to and reading about Mr. Lawrence was also positive. I have not met Mr. Handly. UGH! How unfortunate that this discussion is necessary. I feel like I need a judge to say – “the jury should ignore that comment”.
First let me state right up front that I made a mistake and apologize to all for the posting and for my delay in responding. I didn’t intend to respond till I had a chance to speak directly to Elliot and that couldn’t happen until this morning.
As is common practice in campaigns, I ordered the voting lists and histories from the State Board of Elections. Otherwise, how do you know what doors to hit? In going through that list I found that Paul Handly had apparently never voted in a City election. I never knew Paul before he became a candidate and I’m sure he’s a good man and we have several friends in common. But for over a month now I’ve raised his voting record as a legitimate issue while canvassing. And I think a voting record is a key issue for someone running for office.
Yes, I work with Elliot and we’ve talked many times about my campaign because, like many people, he’s never personally known anyone who’s run for office and that interests him. I had shared with him the information I’d learned about Paul’s voting record and he was as shocked as I was.
Elliot said he wanted to post the information about voting records and I – stupidly – did not say no. I should have said no and I should have stopped him from posting. Regardless of whether he was posting everyone’s information and not just one person, I should have said no.
I suppose I could blame this on campaign brain, a total lack of sleep, the crush of having a full-time campaign, a full-time job and a family and the fact that I feel that I’m being pulled in a thousand directions with no time available.
But part of being a candidate is being willing to admit a mistake and that’s what I’m doing. I should have just said no or I should have simply posted the information myself.
As for the “dirty tricks” comments about the post, all I can say is that Elliott posted under his own name, from his own computer, and listed his city of residence clearly. No initials, no “Col Mustard,” no “Name Withheld.” Elliot Mitchell from Arlington posted as himself, so hold him blameless, at least. And to show you the kind of person he is, he apologized to me this morning, which of course I told him was completely unneeded and undeserved.
So I regret that this happened and apologize to all involved. I’ve apologized to Elliot for not telling him no. I’ve called Lawrence to apologize directly to him because the information I got from the SBE was clearly wrong. He’s shown that he’s a consistent voter and I couldn’t believe what the SBE records showed because they seemed absurd. To his credit, he immediately called me back and said he accepted my apology and agreed that voting records count
But let me be clear — I do feel that voting records count and if someone runs for an office, they should at least be asked whether they’ve ever taken the time to vote for that office. I also think that their records (or lack thereof) of involvement in City boards, commissions, and task forces should be a matter of discussion. For any incumbent, I think their voting record while in office is fair game – not only how they voted, but whether they voted. If others don’t think these records are important, that’s their call and we simply disagree.
So what I let happen was wrong and I apologize. For those of you who know me and who know my record of commitment to and work for the City, I hope you will see this mistake in that context. The time it took for me to not think this through and to fail to say no took a depressingly short number of seconds. I hope those few seconds don’t override my years of commitment to the City and the hundreds and hundreds of hours that I’ve spent working on behalf of the City. Everybody is allowed to do stupid things and, in fact, I frequently see that as the required price of admission to be human. I’ve proven myself to be all too human.
And as for the idea that voting records “has joined taxes, schools, and stormwater management” at a level of some parity is just nonsense. The major issues haven’t changed in the least and voting records, as notable a data point as they are, aren’t up there in importance despite what some blogger may say. Economic development and support for the schools are still my priorities and I think they are the City priorities as well.
John
Authorized by Friends of John Lawrence
In my view the bell can not be unrung. I think candidates should be held to a higher standard….one of our candidates mentioned this in the forum yesterday.
I am curious why FCT was selected for posting….why not your own site?
I appreciate the clarification from Mr. Lawrence.
The issue of candidate voting records was unfortunate. Everyone makes mistakes, even city council candidates. Perhaps the focus/discussion can go back to the issues that challenge this city.
TFC: I think John posted in the FCT and not his own site because the issue came up on the FCT last week.
Mr. Lawrence,
Is Mr. Mitchell part of your campaign team? If not, what possible basis exists for you to give him information from the State Board of Elections?
Do you believe that the phrase in the law under which you were given the voting lists that provides that “[s]uch lists shall be used only for campaign and political purposes“ authorizes the use of the information on individual’s voting record for purposes other than, to use your phrase, knowing “what doors to hit?”
Whether the use of the SBE information for the purposes of questioning an opponent’s fitness for office is legal, I believe it smacks of a desperate form of negative campaigning. Tell the voters your record. Let them figure out your opponents’ records.
Bill Brew
PS Col Mustard, I think TFC was wondering why Mr. Lawrence didn’t post the voting information on his campaign website in the first instance (rather than apparently giving his blessing to Mr. Mitchell to post it on the FCT site, as a wholly unconnected comment on another candidate’s Q&As). A good question I think.
Thanks Bill, that was my thinking. Mr. Lawrence says it is an issue he has been raising for a month so….why the snarky release? Own it and put it on his campaign website. It was indeed an issue raised at my doorstep during his canvass……clipboard and highlighted “frequent voter” list and all. I was a highlighted name.
I see nothing on this issue on his website, nor any reference to this escapade.
The whole thing just smells rotten. “Ooops, my bad” is not sufficient for me.
.
@Bill: You raise a few good points, and I share some concerns with how this information was posted and disseminated.
I disagree, though, with your assertion that candidates should simply stand on their voting record and let voters’ “figure out” the other candidates’ records. More than any other place I’ve lived, FC has a vocal group of voters who harp on civility in elections. I think this is a noble goal, but it shouldn’t entirely preclude candidates from drawing distinctions between themselves and others. Sometimes it’s valuable for one candidate to point out another candidate’s weaknesses, even if doing so is controversial or negative.
Secondly, voters “figuring out” this info on their own is easier said than done. FCT and FCNP have not engaged in any sort of investigative journalism in this race. They’ve provided a valuable service by giving candidates a platform for survey responses, but that’s about it. Since candidates seem to be the only ones who have access to SBE data, and since the local media isn’t asking the tough questions, I think it makes sense for the candidates themselves to raise these issues — provided, of course, they do it transparently and legally.
I believe consistent voting records are relevant.
I don’t want someone representing me who hasn’t taken the time OR had the interest to vote in the City or national elections. Absentee ballots are easily available at City Hall.
apologize for continuing to beat this poor dead horse, but a couple of quick follow ups to later posts –
jbb: just curiosity, but in prior elections, how have you satisfied your interest in knowing about candidates voting records? How do you anticipate doing so in future elections?
And, given that we now know that at least part of the information provided by Mr. Mitchell was incorrect, are you prepared to accept the accuracy of the rest of the information from his both — both that showing consistent voting records and that showing inconsistent voting records?
FC voter: while I suspect we would continue to disagree about what information voters in a local election need about candidates and about how they might acquire it (for example, I can’t imagine what sort of “investigative journalism” you are looking for and what it might turn up), I suspect we can agree that if candidates provide negative information about their opponents, they should do so “transparently and legally” (and, I’d add, accurately).
I hope we might also agree that in this instance, it does not appear that Mr. Lawrence acted with transparency. And I am not at all satisfied that he acted legally, but that would have to be tested in another forum.
@Bill: Agree on all counts, particularly your comment about Mr. Lawrence not acting transparently. Again, I think voting information like this (if accurate–which it doesn’t appear to be in this case) is helpful, but I have concerns about how it was carried out and presented.
Re investigative journalism, I think it would be helpful to know certain things about candidates: previous positions, statements, publications etc. on relevant matters (i.e. candidates who have taken positions on City issues in the past), criminal records, involvement in any civil suits, etc.) All of this information is in the public domain and, as candidates for office, some vetting should be expected.
I have an idea – why doesn’t someone just ask each candidate how many of the City elections they’ve voted in since they’ve lived in the City? It sounds like some people would like to know the answer to that question and I think it’s an appropriate question to ask a candidate. Like any question, they could choose to answer it or not (truthfully or not).
A couple of people mentioned that they tweeted to Mr. Handly asking if he would respond and hadn’t heard back.
Of all the candidates in the race, he seems to have the least interest; his responses to the surveys have been noticeably shorter and less detailed to the rest, I haven’t seen a single comment of his on this or any other online forum, and he’s one of a handful of candidates who hasn’t knocked on doors in my neighborhood.
The issue now is that John Lawrence’s actions demonstrated again that he has a pint-sized moral and ethical character.
I take issue with anyone calling into question John Lawrence’s character. He has done much for our community through his hard work as a Planning Commissioner and Library Board Member. To me he has been a good neighbor and friend to our family; helping us on more than one occasion when we needed it. He admitted to making a mistake; one that looks de minimis to me on its face, and he apologized for it. Now I believe reasonable minds would agree that focusing on the issues the City faces and electing the people most qualified and committed to addressing them would be in order.
I have lived in Falls Church for 54 years and, over that time, I have taken part and been involved in many campaigns, local, state and national. I have NEVER seen or heard of any candidate’s voting record being discussed or publicized. I think it’s a trivial issue and should be dropped now in favor of the much more serious issues that face this city.
I don’t know Mr. Lawrence. Those who like and intend to vote for Mr. Lawrence will continue to like and support him. Unfortunately, this casts somewhat of a shadow over him. Some will always question and wonder about his judgement in whatever actions he takes going forward. Since he slipped up in this instance could he slip up in the future. I am not saying he will or won’t. It will be something that some people may have doubts about.
I think voting history does matter. If someone’s not interested enough to vote in local elections, then what makes us think they’re interested enough to show up and vote for city council meetings.
That said, I think this bringing this issue up would’ve been much more effective if John had posted it on his campaign website and sent some emails to FCT and FCNP (from his campaign) to get the word out rather than letting his co-worker do it as a comment.
Thanks to John Lawrence for responding. I don’t think we need to question the motivation or action any longer. He made a mistake and admits it. Perhaps missing some opportunities to vote in the case of others was a mistake or even unavoidable. I surely recall being stuck in traffic on Key Bridge and not getting to FCC in time. I even watched the returns hoping that no one that I would have voted for in our City, missed by one vote. : )
VPIS sent out a very helpful information booklet on all of our candidates as did the League of Women Voters. That and other distributed information has helped me feel comfortable with my knowledge of the candidates. See you at the polls.