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Lynn Ruane I'm tabling a bill to support the voices of community and advocacy groups

We need a vibrant and active civil society. Otherwise politicians and big business will call all the shots, writes Senator Lynn Ruane.

CIVIL SOCIETY IN Ireland has been at the coal face of the transformation of Irish society.

Without that leadership, it is difficult to picture what our social policies and human rights standards would look like.

Civil society is made up of NGOs, human rights and civil liberties organisations, community groups, environmental campaigners and others.

It includes the grassroots organisations that form when ordinary people identify a problem and get together to try to solve it. I’m talking about everyone from Amnesty International and homeless charities to your local Tidy Towns committee.

I believe we should support vibrant and active civil society spaces because these varied voices create great diversity within our national debates. If they were silenced – that would leave politicians and influential corporations to decide the future of our country alone.

But those civil society voices are at risk of being silenced by the unintended consequences of the Electoral Act 2001.

That Act means that stringent rules – intended for political campaigns – are sometimes being applied to other organisations involved in day to day advocacy work.

The Electoral Act

In 1997, the Oireachtas passed the Electoral Act to regulate the disclosure of donations received for political purposes, this includes donations received in support of a particular candidate for election or a political party.

The Act includes stringent restrictions on donation limits, anonymous donations and donations-in-kind amongst other provisions.

In 2001, a change was made to extend the Act to include donations received for referendum campaigns and to include donations received by third parties for ‘political purposes’.

The wording in the Act used to define ‘political purposes’ (which determines which third parties are subject to these strict campaign spending rules and requirements) are so broad and so vague that they can feasibly be applied to ordinary advocacy work.

This has had unintended consequences on civil society organisations working in political advocacy, such as Education Equality.

It was never the intention of the Oireachtas that such groups would be impacted and this is demonstrated through the debates on the legislation. 

Defining political purposes
The meaning of ‘political purposes’ has evolved to include any work that is deemed to seek changes in how any public body does its work. 

As a result of the problematic wording, the Standards in Public Office Commission are obliged to apply the same rigorous and financial declaration standards to any group, who advocates for any particular outcome in relation to any government policy. 

So at present any community group (from a large charity to a local Tidy Towns group or community garden) which rightly calls on the local or national government to improve conditions for Irish people, could be found in breach of the Electoral Act if someone were to donate more than €100 to them.

But without such donations, every one of these organisations would have to shut down.

The disclosure requirements for candidates and political parties are high and onerous precisely because they should be. The integrity of our elections is vital and those involved in elections should have to fully disclose how their campaigns are financed.

Strict regulations exist around international donations, anonymous donations, cash donations, the need for registration of donations by corporate actors, specific financial accounting practices requirements and strict requirements on the returning of donations that are outside the legal limits.

These are enforced by significant criminal offences; the penalty for non-compliance for a third party could be as high as a €25,000 fine and three years’ imprisonment.

However, civil society organisations engaged in their normal advocacy work, such as campaigning for improvements to our healthcare or education systems are very different to electoral activity.

The threat of serious criminal sanction itself serves as a huge chilling effect on the valid lobbying work of civil society groups. Since many of these organisations are run by volunteers, some community groups have been forced to close in the face of the disproportionately high compliance standards required by the Act.

There have even been deeply concerning reports of lobbyists using the ambiguity in the law to report organisations working on the opposing side of a particular policy issue to the Standards In Public Office Commission, with the express intention of using the high compliance standards required to divert resources from valid advocacy work.

Reform
This week, I will be introducing legislation in the Seanad with cross-party support to rectify this issue.

We’ve been lucky to be supported in this work by the Coalition for Civil Society Freedom, a network of civil society groups, including the Irish Council for Civil Liberties, Amnesty International and the Wheel who have come together to demand change.

The purpose of our proposed bill is to address the unintended consequences of the amendment made to the Electoral Acts in 2001.

The law was introduced to prevent foreign interference in elections and was never intended to prevent valid advocacy by civil society for a better country.

The valuable and necessary work of civil society who rightly engage in public policy debates should not be treated as electoral activity, and they should not be subject to the same rules on donations.

Ireland is already a world leader in defending civil society and the rule of law internationally. We played a key role in developing the EU Guidelines on Human Rights Defenders and we’ve even sponsored a motion in the UN Human Rights Council on Civil Society Space.

Yet the EU Fundamental Rights Agency and our own Standards in Public Office Commission have criticised our domestic laws for chilling the work of civil society groups. These weaknesses must be addressed.

We cannot afford to lose the voices that represent marginalised groups and ordinary communities – they are far too important.

Lynn Ruane is an independent senator. 

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    Mute jim ahh jim ahh jim
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    Nov 23rd 2012, 8:10 AM

    Sinn Feins recent move to the moral high ground in all events is amusing.

    Poacher wearing gamekeepers clothes, but still a poacher !

    113
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    Mute DaffodilDaze
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    Nov 23rd 2012, 9:23 AM

    Lol. I remember being called a fuc&ing marxist in the 80′s by a FG TD, when I spoke out for abortion laws that reflected certain realities like the X case. Like most SF’ers I’m not in favour of on demand abortion, though quite a vocal and large group in the party are. The party position has been the same for a very long time and it is just as divisive internally as it is in wider society.

    On a lighter note I was stopped twice on the drive home from the meeting by the Guards, the same Guards and the car searched both times. One of them as much as apologized for it but I guess you can’t have reckless radicals trying to damage FG’s church based voter base.

    61
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    Mute Kevin Smyth
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    Nov 23rd 2012, 9:35 AM

    I find it hard to take Sinn Fein seriously, as a ‘legitimate political party’, BUT, I’m still waiting on FG and Labour to prove that my view of all parties, as showers of power-hungry and greedy gombeen gangsters is ill founded. Please prove me wrong Inda/ Eamo!

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    Mute Cal1 Mooney
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    Nov 23rd 2012, 10:02 AM

    Kevin, I am afraid you will be waiting a long time for FFG/Labour to do the right thing… Don’t hold your breath.

    39
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    Mute DaffodilDaze
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    Nov 23rd 2012, 10:05 AM

    Kevin. Why would FG start doing the right thing at this stage. You can’t teach an old dog new tricks.

    36
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    Mute Kevin Smyth
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    Nov 23rd 2012, 10:37 AM

    At the risk of anyone taking me up the wrong way, I’m no FG supporter and I’m disillusioned with the labour party these days. However, in the interests of this country, I would like to see them get their collective act together. Otherwise we might see FF back in power. One cannot underestimate the general public.

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    Mute Richard Lennon
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    Nov 23rd 2012, 11:51 AM

    #Gary Fitzgerald,well done Gary your living the dream.Have a pint on me.

    6
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    Mute Ireland for Change
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    Nov 23rd 2012, 8:23 AM

    Sinn Fein bashing once again. About the only ones calling for the government to be held responsible for their suppressive actions.

    110
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    Mute Richard Lennon
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    Nov 23rd 2012, 8:39 AM

    The sooner Sinn Fein are runing the country the better and then the green shoots of recovery will begin.

    103
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    Mute Declan Cotter
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    Nov 23rd 2012, 9:43 AM

    Complete insanity!!!

    28
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    Mute Ryan oneill
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    Nov 23rd 2012, 9:48 AM

    Insanity is paying bondholders billions that we don’t need to. BILLIONS more will follow, 16.9bn payment in march is it?! This is what’s crippling the country and will ultimately be FG downfall esp since there will never be a deal on bank debt. BILLIONS! That’s lots of 00000000000000000000000′s

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    Mute DaffodilDaze
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    Nov 23rd 2012, 9:55 AM

    Ryan. Don’t forget to remember that brutal John Bruton called for the Irish people to forgive the bankers and politicians for their crimes and sins, before anyone is held to account or made even pay a token punishment. John will be getting a lot of hampers from failed and crooked bankers and politicians this year. The likes of him really believe that their little golden circle is all that matters and that the rest of us should happily sacrifice our futures to protect them. John will get his big pay cheques and next big job irregardless, he doesn’t have to be a knob about it though.

    36
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    Mute Ryan oneill
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    Nov 23rd 2012, 10:09 AM

    Agree daffodil all the while sending us postcards from Europe. The dirt goes deeper with fine geal all the way on the gravey train to Europe selling us out to bankers as they go. This will not end up good

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    Mute Patrick Lyons
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    Nov 23rd 2012, 11:36 AM

    ‘Shoots’ good choice of word.

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    Mute Eoin Ó Nialláin
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    Nov 23rd 2012, 9:18 AM

    Have to say I agree with Caoimhghín Ó Caoláin here. This smacks of the typical kite flying this Government seem addicted to doing. Pathetic! It’s time to publish the full report so the people can make their minds up on the issue.

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    Mute Jim Devance
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    Nov 23rd 2012, 9:33 AM

    It’s slightly worrying that Sinn Fein are the only party that are handling this correctly.

    As much as it pains me to consider them, all other parties have let me down consistently in the past few years. Right now I would be compelled to vote for them if there was an election in the morning.

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    Mute snooch
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    Nov 23rd 2012, 9:36 AM

    It’s easy to be seen to handle something correctly when your actions/words have no impact whatsoever on the situation.

    48
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    Mute DaffodilDaze
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    Nov 23rd 2012, 9:36 AM

    It is worrying that people still consider FF/FG to be viable options given their consistent failures and corruption over 90 years.

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    Mute DaffodilDaze
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    Nov 23rd 2012, 9:43 AM

    Just because you are not in power does not mean you can not influence the debate. Look at the amount of councils across the country that have passed SF motions backing the right to Gay marriage. That changes public awareness, develops support for a position. Belfast, Dublin and Cork all backed it, all to massive news coverage and public awareness.

    Just because you are not in the driving seat doesn’t mean that you can make a difference, just get off your bum and get stuck in for what you believe in.

    49
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    Mute snooch
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    Nov 23rd 2012, 9:50 AM

    Is it influencing things in a real way thigh or just providing populist soundbites on contentious issues? Genuine question.

    I do feel that if abortion wasn’t so topical these days all we would hear the SF hierarchy banging on about is through terrible awful atrocity that was the ruling before the children’s referendum.

    Of course there’s a need for opposition, but only when viable real alternatives are proposed and not just nit picking the issues of the week.

    SF are essentially waiting for FG to f*ck up as opposed to proposing real alternatives. (ps I don’t see the alternative budget as a real alternative)

    19
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    Mute M Bowe
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    Nov 23rd 2012, 9:52 AM

    And it is up to the electorate to put some effect behind those words. The crowd in governent now have shown umpteen times their words mean nothing.

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    Mute snooch
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    Nov 23rd 2012, 9:55 AM

    I completely agree M, I just really don’t see alternatives. Honesty from all corners would go a very long way

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    Mute DaffodilDaze
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    Nov 23rd 2012, 10:00 AM

    They were calling for things like this when it wasn’t popular, quiet the opposite in fact. They were out protesting in the 60′s against the Chattel law, where women were viewed legally as the property of their husbands, from every pulpit they condemned, called enemies of God and the family by FG and FF.

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    Mute snooch
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    Nov 23rd 2012, 10:08 AM

    I’m aware of that daffodil. I have a couple of mates in ogra an have seen them regularly over the years protesting about abortion. That was just an example I used that I hoped would show the lack of innovation at the moment from the opposition (not just SF). It’s the whole system, it’s set up to promote bickering and nit picking without innovation or alternatives

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    Mute DaffodilDaze
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    Nov 23rd 2012, 10:19 AM

    There are many in SF that want abortion on demand, ie widely available, they are still in the minority in SF. Most people in the party though are in favour of relaxing the law, clearing it for issues around the X case. SF have had the same position on this for a very long time, the party called for X case judgement to be legislated for in 92.

    Certainly the Leinster hse system needs to be radically overhauled, made more transparent and where opposition members have powers and responsibility that they are accountable for, but can make a positive impact as well. Govt.’s here are obsessed with centralizing and controlling more power. That leads to ossification of Govt.

    19
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    Mute Alan Kenny
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    Nov 23rd 2012, 10:21 AM

    I agree, the other lot or toss pots had their chance, I’m not SF fan at all but, what’s the worst they can do :(

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    Mute michael o'toole
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    Nov 23rd 2012, 1:12 PM

    @ DaffodilDaze:
    ” It is worrying that people still consider FF/FG to be viable options ….”

    did you forget Labour ?

    5
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    Mute Andrew Corcoran
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    Nov 23rd 2012, 9:26 AM

    FF, FG and Lab. 90 years running (should that be ruining) the country and they still can’t get it right

    53
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    Mute Kevin Smyth
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    Nov 23rd 2012, 9:40 AM

    Yes, but are they really ‘trying’ to get it right? I think not. Nice house, pension/s and your face on the Telly! Government jets, limos and fancy hotels. It’s tough going for these empty vessels who lack any ideas or imagination. Just going through the motions hoping the economy can sort itself out. Thinkings hard.

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    Mute Noel Burke
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    Nov 23rd 2012, 10:31 AM

    I am not very happy with myself now for being one of the people, who actually voted for this new style Government , a Government that promised to be different, they were going to show leadership. Why are they dragging their feet on this issue, just deal with it. We the voting public made a decision 20 years ago and still the matter hasn’t been deal with.Hope the Government are not using this unfortunate case to keep the public’s foscus away from this upcoming budget. nb

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    Mute SunnyDayToday
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    Nov 23rd 2012, 8:49 AM

    It is disgraceful, how is it not??

    39
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    Mute werejammin
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    Nov 23rd 2012, 10:25 AM

    Kite flying a report that was used as an excuse to vote against legislating for the x case back in april, legislation that the supreme court directed should have been brought in 20 years ago. These guys have been cute hoor politicians for so long that they’re no longer capable of realising how cretinous and low this looks.

    37
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    Mute Emily Elephant
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    Nov 23rd 2012, 11:53 AM

    The Supreme Court didn’t say that. It said that it was not illegal for a woman to have an abortion if her life was in danger, including from suicide. It does not need to be legislated.

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    Mute Charly Julienne
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    Nov 23rd 2012, 10:25 AM

    What was the reason given for not publishing the report as soon as it was received?

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    Mute Richard Lennon
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    Nov 23rd 2012, 10:58 AM

    Just taking a break from work to tell ye all that I will be voting for Sinn Fein from now on,FF,FG and Labour are useless.

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    Mute Garry Fitzgerald
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    Nov 23rd 2012, 11:08 AM

    Good man Richard. They’ll be able to give you a couple of voting cards in the bar where you work at the next election but register anyone because that will give you one more.

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    Mute Garry Fitzgerald
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    Nov 23rd 2012, 10:39 AM

    How many of you Sinn Feinn folk are holding down jobs and posting while at work or are you all on Social Welfare?

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    Mute Kerry Blake
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    Nov 23rd 2012, 10:46 AM

    I’m not a SF supporter Garry but I just have to ask are you posting from work?

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    Mute Seán Ó Briain
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    Nov 23rd 2012, 10:47 AM

    Ah yes – because ad hominem attacks on the electorate is the basis for an intelligent discussion. Do you have anything of substance to add to the conversation?

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    Mute norman hunter
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    Nov 23rd 2012, 10:47 AM

    @Garry could ask you the same question,but seeing as it’s none of my business i don’t want to know.I assume you are familiar with the concept of “breaks” and shiftwork.

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    Mute Ryan oneill
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    Nov 23rd 2012, 10:48 AM

    ^^^^^
    There’s the problem with the country. Party before people. I presume you posted that from your constituency office!

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    Mute DaffodilDaze
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    Nov 23rd 2012, 10:52 AM

    Garry. I’m reaching out across the web to give you a bear hug. Stop being such an angry old goat, you’ll give your self a stroke.

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    Mute Garry Fitzgerald
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    Nov 23rd 2012, 11:01 AM

    I’m sitting here in the Isle of Mann having a morning coffee overlooking the sea and a golf course. My total tax rate is twenty per cent and of course the Health Service is free. Now what was that you were saying about hugs and work breaks and Sinn Fein?

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    Mute DaffodilDaze
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    Nov 23rd 2012, 11:13 AM

    Gary, You really are a bitter, angry man. Look at that Sunshine, your imaginary golf course in the Isle of Man and thank God for a new day and a fresh start.

    17
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    Mute snooch
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    Nov 23rd 2012, 12:41 PM

    ah Gary do you not know that most of the commenters here are ‘not SF supporters but will give them a chance in the next election’

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    Mute ITS Student
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    Nov 23rd 2012, 9:49 PM

    That is their democratic right Snooch – people are entitled to vote for whoever they want. You on the other hand are a dictator.

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    Mute Sean McNally
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    Nov 23rd 2012, 11:20 PM

    But I thought SF weren’t into the ‘politics of condemnation’?

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