Opposition Research Tip #1

In my years of performing opposition research knowing where to get information on a candidate or candidates is imperative. However, you will have the upper hand against your competition if you know, understand, and keep up with current election law. Performing opposition research is a lot more than digging up that arrest in college, that paper the candidate wrote in law school, or the affair he or she had. This information may come up or it may not. The squeaky clean candidate may have violated election law without even knowing it. It happened to Gephardt when after the "Contract with America" election of 2004 he was investigated. After the election, inconsistencies were discovered in a real estate deal he was involved in and what he was reporting on his financial statements he disclosed to Congress. A clear violation of The Starker Amendment. Charges were dismissed by the House Ethics Committee but, it put a black mark on Gephardts' record.

So knowing Election law will give the "Oppo" an upper hand on his or her competition. I'm not inferring you need to go to law school, but it may prove wise to team up with an attorney specializing in Election Law. Inexperienced researchers will pour over news articles, past statements, or social networks (which is fine) however, many of these "dirty" secrets or statements may prove irrelevant. A clear violation of Law, backed by documented proof can seriously damage any candidate. A great place to start is THE ELECTION LAW BLOG. It covers election law, campaign finance, legislation, voting rights, initiatives, redistricting, and the Supreme Court nomination process. A great book, although used in law schools, is The Law of Democracy: Legal Structure of the Political Process (University Casebook. Description: The Law of Democracy offers a systematic exploration of the legal construction of American democracy. The book brings together a cluster of issues in law regulating the design of democratic institutions, and the book employs a variety of methods historical, comparative, theoretical, doctrinal to explore foundational questions in the theory and practice of democracy. Covered issues include the historical development of the individual right to vote; current struggles over racial gerrymandering; the relationship of the state to political parties; the constitutional and policy issues surrounding campaign-finance reform; and the tension between majority rule and fair representation of minorities in democratic bodies. Sidenote: Barack Obama contributed to this book. Ahh!! Maybe some juice on him??

In conclusion, it may behoove the opposition researcher to have a thorough knowledge of election law. Violations of law is the most damaging material you can find on a candidate. In our business having the edge is paramount. Know The Law!