Obama Campaign’s Cosmetic Correction of Allegedly Illegal Lottery

The Husaria: For Our Freedom and Yours ^ | 07/16/08 | Winged Hussar 1683

[Winged Hussar]

The most recent E-mail we received from the Obama campaign seems to contain the three elements that constitute a lottery. (Not legal advice, we are not attorneys.)

1. Payment of consideration (a donation of any size to the Obama campaign, with $25.00 being recommended)

2. An element of chance (lucky winners will be picked to meet with Obama in person)

3. A prize (a personal meeting with Barack Obama)

WorldNetDaily reports (http://www.worldnetdaily.com/index.php?fa=PAGE.view&pageId=69150), in fact, that the Obama campaign previously modified its donation Web page to remove the need to send any money because of exactly this issue but today, July 16, it again asked for money in exchange for a chance to meet with Barack Obama. Only well down on the donation page itself (NOT in the E-mail solicitation) does it say you can enter the drawing without making a donation. It seems to us that the Obama campaign did the absolute minimum it thought necessary to avoid the promotion of an allegedly illegal lottery, while continuing to send E-mails that ask for donations (consideration) in exchange for a chance (element of luck) to go to Colorado and meet Barack Obama (prize).

[The fundraising solicitation appears in the linked article]

...The statement “Now the campaign has added a statement to the fundraising website that says, “If you do not wish to make a donation but would like to participate in this program, you can still be selected to join Barack at the Democratic National Convention in Denver by clicking here” is indeed true, but this does NOT appear in the E-mail solicitation. Our perspective is therefore that the Obama campaign made the minimal possible changes (i.e. cosmetic only, as opposed to a good faith effort) it thought it had to make to avoid promoting a potentially illegal lottery.

[Winged Hussar]

In summary, our perspective is that the Obama campaign is doing the absolute minimum it has to do to avoid actually breaking the law. That pretty much speaks for itself.

[freekitty]

It’s so Oprah......

[weegee]

Top level page violation from the Obama scampaign still making an illegal solicitation for lottery contributions:

http://www.barackobama.com/index.php

Text in graphic says "MAKE A DONATION OF $5 OR MORE, AN YOU COULD JOIN BARACK AT THE OPEN CONVENTION"

[Soliton]

I think the prize has to have monetary value.

[Winged Hussar]

The page to which it links says “Open Convention: If you do not wish to make a donation but would like to participate in this program, you can still be selected to join Barack at the Democratic National Convention in Denver by clicking here.”

You are right about the top level page, though.

[aruanan]

I think the prize has to have monetary value.

The monetary value is whatever you'd have to pay to do the same thing. Seeing Obama would be a big $0, but the round trip flight and hotel stay have monetary value.

[aruanan]

Sorry, I thought you were referring to the original scheme.

[Nathan Zachary]

Obama is such an idiot, he can’t even organize and run a campaign.
Imagine what a mess he’ll make of running a country.

[Winged Hussar]

Re: “I think the prize has to have monetary value.” To us, first prize would be a week with Obama, and second prize two weeks with Obama. To an Obamamaniac, though, the chance to merely SEE his or her Savior, let alone (gasp, faint) TOUCH Him, is worth anything.

The key point is, however, that today’s E-mail reflects squarely on the ethics and character of Obama’s entire campaign.

[Nathan Zachary]

"I think the prize has to have monetary value."

It does. Hotel and transportation costs.

[weegee]

2 plane tickets (plus hotel?) are of significant financial worth.

Obama contest rules changed to avoid lottery issues ( Change ) (Rocky Mountain News July 8, 2008 Sara Burnett)

Barack Obama's campaign changed the rules of a highly publicized fundraiser Tuesday, after gambling regulators said the contest — a chance at one of 10 trips to the Democratic National Convention — was an illegal lottery.

"We are happy to have resolved this issue working closely with state officials," said Nick Kimball, spokesman for the Obama campaign ...

https://donate.barackobama.com/page/contribute/openconvention1?source=feature_open_convention (note this is the text as of today, still making an illegal solicitation):

Support the Open Convention

At the Democratic National Convention next month, Barack will deliver his acceptance speech in front of 75,000 people at a free, open event in Denver, Colorado.

Make a donation of $5 or more between now and midnight on July 31st, and you could be one of 10 supporters chosen to meet Barack backstage and watch his acceptance speech in person.

Each of the 10 selected supporters can bring a guest, and will be flown to Denver to spend two days at the convention, culminating in Barack's speech on Thursday, August 28th.

Make a donation now and you could have a front row seat to history:

[weegee]

The Obama campaign has removed all of Obama’s talk of the boondoggle in Iraq but left up the illegal solicitation.

We know where their priorities are. Get illegal contributions now and revise the historical record as to Obama’s positions on the issues.

There’s time enough to change the lottery “rules” when they have the bread.

[Soliton]

I made weak joke

[Winged Hussar]

Thank you. This reflects squarely on the ethics of the Obama campaign, and perhaps we should again bring up Obama’s apparent misuse of his church’s tax exempt resources for electioneering last year.