Why am I seeing this story? As a community news organization, the Post sees one of its main duties as informing our readers about their choices come each election season. We strive to give clear, fact-based assessments of the choices voters have on their ballots and allow them to go with whatever side they feel best represents their interests.
We are typically hesitant to publish campaign-focused stories on Election Day itself, but we felt the general confusion and anger over what appears to be a widespread robo text sent on Monday could not be ignored, even so close to polls opening. This article strives to evaluate and contextualize the claims being made in the texts and also make clear to readers what a “Yes” and “No” vote means on the abortion question.
An anonymous robo text message sent Monday characterizing a “Yes” vote on the Value Them Both abortion amendment in Kansas as a vote for reproductive freedom has sparked a fierce reaction among many recipients who say it is a last-minute dirty trick intended to deceive voters.
Why it matters: The messages were sent on Monday, the day before a much-watched primary election featuring a question about the amendment, which will decide whether or not abortion remains a constitutional right in Kansas.
- California-based communications messaging firm Twilio said late on Monday that it had suspended a number that had been sending out the “Vote YES” texts.
- The number had been registered with Twilio, and a spokesperson said the number was in violation of a clause in the company’s “Acceptable Use Policy” about spreading disinformation.
What they’re saying: “This is as dirty as you can get,” tweeted Davis Hammet, president of the liberal community advocacy group Loud Light. “The anti-abortion coalition is sending out a last minute mass text to Kansas pro-choice voters blatantly lying about the abortion amendment so they vote the wrong way.”
This is as dirty as you can get. The anti-abortion coalition is sending out a last minute mass text to Kansas pro-choice voters blatantly lying about the abortion amendment so they vote the wrong way.
Also, they don't identify themselves which is a federal violation.#ksleg pic.twitter.com/S6bdrtqrc5— Davis Hammet (@Davis_Hammet) August 1, 2022
What did the message say? The text, which has been reported by numerous people, many of whom are Democrats, reads: “Women in Kansas are losing their reproductive rights. Voting YES on the Amendment will give women a choice. Vote YES to protect women’s health. Stop2end.”
- Since the proposed amendment, dubbed by its supporters as Value Them Both, would lift constitutional protections, passing it would mean state lawmakers could add more restrictions than are already in place or ban abortion altogether.
- Opponents of the amendment say the text message is a blatant attempt to confuse voters, since approval could result in the loss of abortion as a choice.
The response: Kansans for Constitutional Freedom, the lead organizer of the “No” campaign, sent a response on the texts late Monday afternoon.
- Spokesperson Ashley All called the tactic “desperate and deceitful.”
- “The truth is that voting ‘yes’ opens the door to a total ban on abortion. A NO vote maintains current regulations on abortion. A NO vote protects our constitutional right to safe, legal abortion in Kansas,” she said.
Anonymous sender: Screen shots of the text posted to Twitter by users on Monday showed several different phones numbers as the source, all with an 888 prefix.
- There was no name or “paid for” disclaimer with the text, but officials at organizations who support Value Them Both say it did not originate with them.
- Danielle Underwood, a spokesperson for Kansans for Life, the leading anti-abortion group in the state, said in an email that the texts did not come from that group, nor from any member of the Value Them Both coalition or Value Them Both campaign itself. “We don’t know who is sending,” she said.
- Brittany Jones, director of policy and engagement for Kansas Family Voice, another group in favor of the amendment, also said her group had no association with the text.
- “We absolutely did not send that text,” she said, adding that they would have included a disclaimer identifying themselves if they had.
What else? Kansans for Constitutional Freedom, the leading “No” group, also noted that former Health and Human Services Secretary and Democratic Kansas Gov. Kathleen Sebelius had received a text, and quoted her: “This misleading text shouldn’t surprise anyone. The anti-choice movement has been lying to the voters of Kansas for decades,” Sebelius said. “This act of desperation won’t stop the voters of Kansas from protecting their constitutional rights and freedom by voting NO tomorrow.”
- The group Vote NO Kansas warned its Facebook followers about the text Monday: “It is unclear what entity is sending out these texts and they are VERY misleading and a truly dirty trick to pull ahead of such an important vote.”
- “They’re clearly trying to confuse people,” said Johnson County Democratic chair Deann Mitchell. “A no vote leaves the constitution as it is. They’re trying to spread lies and misinformation and confusion and they think that’s the way to win. We think the way to win is telling the truth.”
Is it legal? The lack of a “paid for” statement and the misleading content of the texts caused questions of whether the text violated campaign transparency laws.
- The Kansas Governmental Ethics Commission received enough calls that it weighed in Monday, also on Twitter.
- According to state election rules neither a “paid for” statement nor factual accuracy are required from text messages on the constitutional amendment.
- Text messaging on behalf of candidates requires disclosure but not for a constitutional ballot question.
- Moreover the statute covering disclosure for a constitutional question mentions print and TV ads, flyers and brochures but not mass texts.
We have received many questions regarding text message advocacy about the constitutional amendment vote. This thread is intended to answer the two questions we have received most commonly today. #ksleg
— Kansas Governmental Ethics Commission (@KansasEthics) August 1, 2022
What if it’s misleading? As for accuracy, the commission tweeted:“In 2004, the Commission specifically addressed this question and noted that ‘nothing in the [Campaign Finance] Act addresses the use of misleading advertising.’”
- The Federal Communications Commission also has rules about campaign robo calls and texts.
- Robocalls to cell phones generally require prior consent, according to the FCC’s website. But that does not apply to landlines, and political texts are allowed as long as no autodialing technology is used.