Breaking News: Herseth violates congressional rules. (Now updated with color photos!)
Stephanie Herseth Sandlin f*’d up.
No, not THAT “f” word.
It looks like the congresswoman might have “Franked-Up,” as a taxpayer paid mailing piece has hit the post office.
Well, yes, that is a campaign mailer very, very thinly designed as a franked constituent mailing piece. But what rule are we talking about that our congresswoman either missed or ignored?
By rule, Congress says incumbents in an election year can’t send out a franked mailer within 90 days of either a primary or general election. Or as is written in the rule book:
1. Restriction on Mass Mailings Prior to Elections
Section 3210(a) (6) (A) provides that a Member may not frank any mass mailing less than 90 days immediately before the date of any primary or general election (whether regular, special, or runoff) in which such Member is a candidate for public office.’
And while the mail out of DC might be slow, I doubt it is that slow. It’s currently 74 days until the election, which to me means that it went out at least 10 days after the deadline.
Looks like she’s going to have to pony up some money to the US Treasury.
And explain to South Dakota voters why she feels she doesn’t have to follow the rules.
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Comments
This is not the first time she has sent a campaign mailing that masquerades as an “official” communication. It’s just ridiculous. The best one was last fall…the cover was a pretty picture of a South Dakota scene with text about “South Dakota Values.”
If this isn’t taxpayer-financed campaign literature, I don’t know what is.
Yes, how dare she try to reach out and communicate with the people that elected her to office. How dare she try to keep us informed.
It’s not like the Republicans have a lot of moral high ground on adhering to election rules and policies. From stealing signs, tearing down signs, posting signs illegally, giving disinformation to Native voters, thug-like intimidation tactics, bribing voters, and so on - the list of “crimes” committed by the GOP locally and nationally give them no room to point fingers on campaign law.
If Johnson won’t debate, and Stephanie won’t play by the rules, the right wing nut jobs just have it so rough! It’s not nice of those Democrats not to play fair!
It’s okay when y’all do it, but it’s fair game to whine and cry when the opposition makes a misstep?
Grow up.
PP just a question: How old is your scanner man?
That is some seriously bad pictures there. Kinda makes it tough/impossible to read the postmark on the piece. Just sayin.
Did the corn that the guy was holding up have blood on it or was that just a printing error on my copy?
You are the one who is whining: “Yes, how dare she try to reach out and communicate with the people that elected her to office. How dare she try to keep us informed.”
These weren’t informational pieces. They were campaign mailings. Pure and simple.
And your litany of “crimes”: Like libs don’t do these things. And besides, are you saying that two wrongs make a right? (no pun intended)
You are not a Republican. You are a lib masquerading as one.
Pat:
Please make the image of the mailing larger yet more unreadable. 
Todd Epp
SD Watch http://www.southdakotawatch.net
No, I’m fed up with the GOP running candidates with no substantive answers or solutions. I’m tired of the GOP whining about every little thing because they have no real issues to stand on.
Fact is, Herseth represents us well. And if you’re going to cry all the way to the bank because she was a few days past a deadline and used her Congressional franking privileges, which all Representatives do, to reach out to constituents and try to inform them and gather opinions - it clearly shows that like Chris Lien, his supporters have no substance, no real arguments to make.
Oh please! If a Republican officeholder had done this, everyone would be all over it. And justifiably so.
Of course, in the scheme of things, this is not a big deal. But it is worth mentioning that our “experienced” Congresswoman made a rookie mistake.
And if you were a real Republican, you would know what Lien’s ideas and solutions are. He has plenty of them, in clear contrast to Herseth’s increasingly liberal record.
You are a Herseth shill. Just admit it.
“Oh please! If a Republican officeholder had done this, everyone would be all over it. And justifiably so.”
Are you about to blame the liberal media?
And since you’re a real, real Republican, why don’t you explain to me what grand, substantive ideas Chris Lien has for South Dakota. I didn’t see them at the debate, and I don’t see them on his website. I see a lot of empty talk.
I’m sure we’d all love to hear them.
Republican Reader:
The rules are clear. Because it might be hard to distinguish legitimate communication with consitutents and use of taxpayer resources to fund a campaign piece, the rule was adopted that prohibited any mass mailing (the exception is for response to direct contituent contact).
Your justification “Republicans do it” is ludicrous. In other words, because a Congressman from Louisiana put bribe money in his freezer or a Senator from Alaska had benificiary of his policies pay for remodeling his home, it would be ok for a lobbyist to harvest the Herseth crop for free (I am not asserting that this happened or would. It is only an illustration).
Stick to the issue: Stephanie broke the letter of the rules. When you read the piece, it is clear that she also broke the spirit of the purpose of the rule (prevent the sending of overt campaign material at the expense of the taxpayers).
And then your ad hominem guilt by association attack on Republicans by the acts of some is offensive. Not a single thing in your list hasn’t been done by Democrats. Just as it would be unfair to brand all Democrats by the acts of the few, it is unfair to do so against Republicans.
I’m going to side with Republican Reader here on this one. I recently was at Dakota Fest (recently being yesterday) and saw the large signs of Chris Lien and Joel Dykstra posted on COUNTY property. ::cough:: ::cough:: illegal.
I know how hard people work to put those signs up–finding land owners, calling and asking for permission, and the actual set up itself. It sounds to me as if the Republican candidates aren’t as up to date on all the campaign laws either, or are just trying to cut corners because their scared of South Dakota becoming a blue state like it should be.
If you’re going to whine about the Dems illegally campaigning I suggest you gather information on the Republican party and make sure they’re playing by ALL the rules before you go attacking others on their campaign mistakes.
You need to check your facts, what she is doing is completely legal.
As the saying goes, people who live in glass houses shouldn’t throw stones.
Republican Reader,
A few things:
1. I don’t have a huge problem with the content of the piece. Sure it’s a campaign brochure, but who can really say what is political and is policy? In the absence of a bright line, I’ll just roll my eyes at how transparent the ploy is. Oh, well.
2. The timing is a huge issue, however. Rules are in place for a reason, and if they are broken, there should be ramifications. Just because PP is “whining” about this issue doesn’t mean that SHS gets a free pass. She should pay for the printing and mailing bill, if that is what the rules call for her to do. Again, this is based on timing, not content. A bright line (90 days) does exist.
3. You are wrong about Chris Lien. You can certainly feel that SHS represents us well (that isn’t an unreasonable opinion), but you are dead wrong about Lien. He does have substance and he does have real arguments to make. If you actually want to debate this point with me, I would be happy to trot out many, many examples of his substance and the arguments he has made about how to improve SD and the US.
Troy, you prove my point. Politics is a dirty game.
Rules get broken. Stop crying. Get used to it.
When was the last time Thune sent out an update to me as a constituent? I don’t recall ever getting one of those.
We’re talking about a matter of days in regard to a deadline here. It’s not like she’s accepted dirty money or killed anyone. It was a mailing to constituents. It’s nice to see that she takes time to keep in touch with the folks back home. We wouldn’t want her going all “Washington” on us and forgetting all the folks back home like you told South Dakotans Daschle did.
Did you not get one? Are you angry because you feel left out?
Well said, Jimmy…without whining and name-calling.
And to Anita Nap (love that): like Dems haven’t made that mistake. Trivial anyway.
“A matter of days,” Republican Reader. How many days is acceptable if you break a rule? 1? 2? 60? Which is it?
I know that Dems make mistakes, I’m not saying we’re a perfect clan of people. I’m just making you aware that you too, are not a perfect clan of people either.
I am shocked that anyone would defend breaking of the rules under the pretense of “everyone does it or it is just a few days. So if 16 days is ok, how about 20? Or 30? Or 60?
This is a mistake. This is her third election as the incumbent. How many years should we give her to know the rules of being in Congress?
No she didn’t take dirty money but she spent my money to fund her campaign.
I keep hearing that Lien has substance, but nobody’s given me any examples yet. Show me how he’s not just another cookie-cutter Republican. Where are his unique, valuable ideas?
I’d rather re-elect a rule-breakin’ Represenative than a carbon-copy, cookie-cutter conservative candidate who’s just filling up a space on the ballot with a lot of big talk and old, tired rhetoric.
I’m sure the Herseth folks will take whatever responsibilities are necessary. And I’m sure that all of the South Dakotans who got the mailing will just be so offended that their elected official paid no heed to such an important rule so that she might get in touch with their concerns and interests. And all will be right in red state South Dakota.
..”candidate who’s just filling up a space on the ballot.”
Taking up space on the ballot? That’s called a democracy.
Just wondering…are you voting for McCain? He’s kind of a rule-breaker, collaborating with libs on legislation.
You are no Republican. Why not just be honest about it?
You know, maybe it’s the rule that’s at fault here. We’re limiting free speech, impeding on the democratic process.
Sounds pretty un-American to me.
OMG. Attack the rule when somebody breaks it. If that isn’t a liberal, leftist view, I don’t know what is.
That sounds like an un-American comment. Why do you support such a fascist rule that impedes on our democratic process?
1:15 RR…
Wow. The rule is at fault, and not the rulebreaker.
That’s a cop-out if I ever heard one.
By showing your true colors — that you are part of the “it’s-not-my-fault” and “won’t-take-responsiblity” crowd — you have just thrown every comment you’ve made down the drain.
She should know better, but is it really that big of deal? I guess it’s all about whose ox is being franked. Pay the postage and move on. Lien would have show she knowlingly did this before he’s gonna get any actual mileage out of it. It’s not like there are a lot of fence riders in the war college demographic.
I think that missing the deadline by a few days is different than sending it out a week before the election. But you’re right, a rule, however trivial and ridiculous, was broken.
And I’m sure the Herseth folks will take responsibility as they should. I just don’t think it’s some egregious offense committed on the good people of South Dakota like some of y’all would claim it to be.
Democrats have a different set of standards. They can do whatever they want. They are smarter than everyone else. They bend the rules for the good of the whole.
This is such a petty argument that you are making, it’s like Real Republican is saying, this is not some heinous felony she has committed. yes she may have broken a rule (I’d still like some more facts from an official, not a blogger, before i come to a conclusion on whether or not she actually INTENTIONALLY broke a rule), and rules are rules, but this doesn’t make her a terrible candidate or person for breaking a small rule. And again a realize that any rule, no matter how big or small it is, is a rule and i’m not condoning this by any means. but come on, how petty do you have to be?
But, did she actually break the rules?
“Section 3210(a) (6) (A) provides that a Member may not frank any mass mailing less than 90 days immediately before the date of any primary or general election…”
I don’t see anything specifically stating the time frame that they have for the mail piece to actually hit the mailbox. Also, do you think that they would actually break the rules just to be 10 days closer to the election? Doesn’t sound right or make sense to me.
If it was placed in the mail on Aug 4th - and some people didn’t get it until 8 or so days later, I am going to guess that isn’t breaking the rules. That’s just a slow postal service.
1:36, we are finally on the same page, sort of, except for the talking-point “cookie cutter,” “ballot-space-wasting” comments about Chris Lien.
I think most people (even most of the commenters here) would agree that it is not a big deal in the context of the whole campaign. Herseth needs to do whatever to take care of it and we all need to move on.
I also think that most of us would agree (with the possible exception of you, Real Republican) that there was nothing wrong in PP bringing it up.
Ain’t no shame in bringing it up.
But there’s something wrong in beating a dead horse and trying to make a mountain out of a molehill of a non-issue.
Some of RR’s rhetoric sounds suspiciously like somebody who posts here and at Blogmore under a number of different names.
Bet you can’t guess who it is.
Republican Reader 12:15. I haven’t read all of the other bullets aimed your way, just your first response. She wasn’t trying to reach out to anyone, just get reelected, at our expense. That’s what the rules are for dilrod. Given the fact that she sent it at all in her third round tells me that she is a little nervous. Why else would she?? Jarding working for her too?
Even is the mailing was sent on time…it was a blatant campaign piece, not an objective, informative mailing about Congressional business. It is full of slogans and platitudes.
The one months ago was even worse. Wish PP would post that one…and let the Herseth supporters try to claim that it doesn’t look like a campaign mailing.
2:09, a non-issue?
I’ll bet if a Republican did it, you would make it an issue.
Oh. I forgot. You are a Republican. Not.
Politics is a dirty game.
Rules get broken. Stop crying. Get used to it.
GREAT ATTITUDE you have there!
Republican Reader, folks like you are a big reason so many “tune out” to politics.
I grew up in Illinois where dirty, gutter, slimeball politics is the name of the game and you sure sound like a Chicago Democrat, to me.
Troy-
Please bring this back to political dialogue. This name calling and making excuses for a law that was broken to justify it somehow is well un-excusable. She screwed up, and when you do, just take the medicine. Nice work PP.
What’s this Al Franken privilege you’re all talking about anyway?
Todd Epp
SD Watch http://www.southdakotawatch.net
Todd, it’s the special right people in congress has to get free hot dogs and brats at state and county fairs as long as they’re not up for election.
It’s all a right-wing political conspiracy perpetrated by the Postal Service. I am sure they purposely held on to the mailing for 2 weeks in order to ensure Stephanie appeared to be in violation.
Now let’s get back to ripping Tim Johnson for not debating!
4:37, that’s good. 
Hey…Franken and Steph have something in common. Franken doesn’t pay his taxes, and Steph doesn’t pay her postage…
OK, people, let’s summarize here.
1. There needs to be some official confirmation that Steffi broke the rules.
2. If it is true, the MSM needs to follow up to make sure she does whatever she is supposed to do to fix it.
Then…
End of story.
You should check your facts. The mailing was legal.
It had to have been approved by the Franking Committee, which, might I add is bi-partisan. They wouldn’t have let her send it if it wasn’t legal.
You can blame the Postal Service for being slow and for giving all you conservatives a busy day. Sorry, but this one just ain’t so.
A mountain out of a mole hill. Both sides grab at any straw they can, don’t they? But republicans seeem to be particularly desperate this year, you can smell it.
6:30…just wondering…if a Republican were the incumbent since 2003, and sent it past the legal date (not saying Herseth did…no proof as of yet)…wouldn’t you question it?
Apparently the spending of taxpayer money on what amounts to campaign literature doesn’t upset liberals. It is just a molehill.
She’ll pay it back, get off her case.
Jeez. The big issue here is that Stephie hasn’t said that Jardson needs to face his public.
It’s nice of SDWC to reprint the piece. And in color.
Who doesn’t love free advertising?
And no, 6:31, it isn’t. http://gop.cha.house.gov/services/franking_commission.htm Call ‘em up and ask, but just keep your foot close to your mouth so you’re ready for it.
To B.S. at 4:48 –
Why do you call yourself SD Moderate? That is what shows up on SDWC’s blogosphere update.
You are anything but moderate. How about some truth in advertising?
To anonymous 7:39,
Check again, I haven’t used that moniker in awhile and in fact I changed my blog a few months back because it was no longer accurate. PP just hasn’t changed it in his feeds.
Having done some campaign work in the past and handling bulk mailings I can tell you that you can deliver two complete mailings to the post office at the same time and they will show up weeks apart. The post office will deliver them when they want based on volume. So, we need to see the delivery receipt for the bulk mailing to see if she mailed the piece in time.
Anita,
Those signs outside of city limits aren’t illegal. It’s illeagl to put signs up within city limits 60 days prior to the election. This rule doesn’t apply ouside of city limits.
Wouldn’t it be funny if Stephanie mailed the piece prior to the deadline? I’m betting she did. She’s a very careful young lady.
How about a little wager, Patrick?
PP, if she mailed them prior to the deadline and complied with the franking (Al Franken?) rules, you have to post on your blog a story by me about how great Stephanie is. If she didn’t, I’ll post a story by you on my blog about how great Lien is. 250 word maximum with one photo no larger than 500 pixels by 400 pixels.
Are you man enough to take the challenge? You’re not going to Sibby out on me are you, my young Republican friend?!
I have no inside information. And no, you don’t get any points or days. Straight up.
Todd Epp
SD Watch http://www.southdakotawatch.net
Now that you all have it, if you have such strong opinions on the matter, fill out the darn survey and maybe try to get something done. Actual feedback is golden.
Thanks for the pix update PP.
I am curious if you are willing to take Epp’s challenge though.
Also this piece had to be approved by the Frank commission in order to go out. Check out the rules here:
http://gop.cha.house.gov/services/franking_commission_about.htm
So for Herseth Sandlin to even put out a mass mailing of this type her office had to receive an approval from the commission, otherwise she can not use her franking privilege. Since it was obviously approved it is completely legal.(Anon 7:16 thanks for the link)
So again we have a SDWC pushing a non-issue because there is really nothing the Repubs can do against Steph and Tim this year.
I checked the Franking Commission link. There are all kinds of rules, like how big pictures can be, etc. So could they have approved it, but it got mailed too late?
11:37 Right. Heaven forbid anyone would actually read the piece and comment on it. It’s just so much more profound and helpful to debate when it went through the post office. That’s the War College for ya. Always clarifying the important stuff so we don’t have to hurt our brains thinking.
Pat has accepted my challenge. It’s dueling blog posts at 20 paces! It’s on!
Todd Epp
SD Watch http://www.southdakotawatch.net
Seeing as the piece was perfectly legal, I can’t wait to read Pat’s glowing endorsement of the Congresswoman.
Can we also expect a full apology for spreading such unsubstantiated rumors and levying false accusations?
It looks to me that the commission approves content, but how do they know it got to the post office on time? Can anyone answer that?
9:37:
I have no clue on that. I believe that after it is approved it still has to be mailed before the deadline. The way I understand the rules it can not be approved UNLESS it is mailed before the deadline.
Also weren’t PP, and many other Repubs, complaining about this exact issue that is in the mailer?
Seems to me that she is addressing the issue and doing so in a timely manner.
Think maybe a real expert can weigh in on this, rather a bunch of partisan bloggers (11:51 makes no sense…)…
BTW, SDWC said “might have” in the original post. Not an accusation, but speculation. That is what bloggers do. Even Badlands Blue.
12:13 Oh contrar mon frar. His headline reads she violates rules. Then he says she f’d up. only later does he say this “might” have happened.
The franking commission has to approve it, which would mean that if you tried to mail it AFTER the deadline, they wouldn’t approve it.
The rules simply don’t allow for it to be franked after the deadline.
And no, I’m with 1:02. The headline says blatantly that a rule was broken, that’s not alleging or speculating, that’s accusing. And falsely.
Whether the mailing was late or not, and is appears it from these comments that was NOT, the Franking Commission fell down on the job. They are supposed to determine whether it looks too much like campaign material. The one sent out before this was an absolute disgrace. There is no way that any objective person could look at it and not mistake it for a campaign mailing.
Dear Rooster, sure hope you’re not setting up those big signs, cause if you are, you’re gonna lose some to the county officials. Call the auditor, you cannot put up signs on the outside of a private fence line - that is county land and it is illegal. Even if it’s tied to that fence line - you WILL lose your expensive sign to a county official.
Just because there was an audience at Dakotafest for a few days, doesn’t make it ok to be ignorant on the rules.
Rooster,
Those signs are illegal, they were wihtin Mitchell city limits on the Schlaffman farm, but outside of the fence line-therefore on city/county property. Sorry but cities and counties dont give free campaign space to candidates. Therefore, signs are illegally up. plus you need to ask for permission to put signs up on property anyway, doubt lien’s people did that.
August 25, 2008
While I know that internet blogs often skip discussion
of real issues (and how candidates stand on them) in favor
of making wild charges to get attention, this piece on
Herseth Sandlin really sticks out.
Does one seriously believe that the Herseth Sandlin
office is so bush league that it would make a mistake
on a simple matter of when the deadline is for sending out
franked constituent mailings? PP presents no evidence
at all that the mailing went out past the deadline.
I guess PP’s dislike of Herseth Sandlin is so great that
all standards of fairness and of journalism go out the
window when it comes to Herseth Sandlin.
Everyone knows that bulk mailings often take forever
to get to their destination, but PP seems to believe
that this form of snail mail is rushed to its destination.
If PP wants so much to get Herseth Sandlin out
of office, tha honorable way would be to write issue
oriented pieces on Lien. That would of course involve
real work and be less “fun” than making wild and baseless
charges about Herseth Sandlin.
David,
Considering you’re a far more shameless shill for the Dems than I’ve ever been for the GOP, I’m considering the source when I listen to your argument.
My proof is based on when it was received. I know how long bulk mail typically takes.
If the congresswoman wants to present evidence otherwise, I’m all ears. Until then, I’m going to “call them as I see them.”
I wish free speech wasn’t so free. Mindlessly spewing forth unfounded crap doesn’t seem like an appropriate exercise of such a right. I can’t wait till that facist Obama gets elected and bans all that nonesense. Irony.
There’s a typo in your post…how many days? It says “g0″ days.