Rick Berg Admits To Having Taken NDGOP Mailing List
On Thursday I broke a story about Rep. Rick Berg’s campaign having swiped an email list from the NDGOP. Since then I’ve gotten a lot of flak from Berg supporters saying, basically, “prove it.”
Well today the Associated Press reports that Berg has admitted to having taken and used the list. Berg also contends that he did nothing improper, but NDGOP chairman Gary Emineth disagrees.
Bismarck, N.D. (AP) The chairman of North Dakota’s Republican Party says GOP House candidate Rick Berg unfairly used a state party e-mail list to drum up support.
Gary Emineth says the list has more than 15,000 addresses and is reserved for endorsed Republican candidates. …
Berg says there was nothing improper. He says he used the list to invite people to subscribe to his campaign newsletter.
Berg is wrong is saying that there was nothing improper about taking this list.
Anyone who has worked in politics knows that lists like these are worth their weight in gold. This list was owned by the NDGOP, not by any candidate. This list is not every just casually handed around to the candidates. Campaigns pay tens of thousands of dollars to create these sorts of databases, if not more. Taking a database like this (which represents intellectual property) without authorization is theft. Pure and simple.
And even if it weren’t theft, it’s unethical. There are/were four other candidates in this race: Kevin Cramer, J.D. Donaghe, Paul Schaffner (who has dropped out) and DuWayne Hendrickson. The party did not authorize the use of this list by any of these other candidates. So why should Berg get the advantage the other candidates didn’t?
I have spoken to legal experts about this issue, and if the NDGOP chose to press charges against the Berg campaign they could very well get a conviction. The value of this list would make the charges rise to the level of felony.
This isn’t a small matter. This is a crime. It’s unethical. And it’s extremely telling in terms of Rick Berg’s character. He can’t even run an honest campaign against fellow Republicans. I’d just as soon not have him walking the halls of Congress representing me.
Update: To clarify something from the article, I spoke with NDGOP Chairman Gary Emineth this afternoon about his comments about the nominated Republican candidate getting access to the list. The way Gary is quoted, it makes it sound as thought he list is just handed over to the candidate.
That’s not how it works. The NDGOP maintains control of this list at all times. The nominated candidate does get access, but on a limited basis. Case in point, in 2008 the Duane Sand campaign for House got to use the list exactly twice despite several requests to use it. And when they used it, they provided the information to the NDGOP and the party itself sent it out. The campaign did not get the list.
What’s more, I’m told that there is an investigation now into whether or not there was an FEC violation here. I’m certainly no legal expert, but my guess is that there very well could be. Something that would almost certainly be an issue against Berg should he be the nominee.
Update 2: Here’s a longer version of the story from the Associated Press. In this article it’s revealed how the theft of the list was detected. It was “salted” with planted entries so that any unauthorized use of it could be detected. For those demanding evidence of how the theft was detected, this is it. I didn’t reveal it earlier as I didn’t feel it was my place to reveal their methods for protecting the list.
I think it’s a bit funny that Berg and his supporters quoted in the article call the theft of this list a “distraction” while simultaneously jumping on Cramer for paying for a few delegates (his son-in-law and some friends) to attend the convention.
Double standards, anyone? I’m not sure I’m entirely kosher with the idea of candidates paying for delegates, but what Cramer has done on that front wasn’t widespread by any stretch of the imagination and it’s hard to impute any sinister motivation to it. On the other hand, stealing this list worth a good deal of money and thus giving himself an unethical advantage over other candidates in the race is pretty clearly a major deal for Berg.



