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Eli Kantor is a labor, employment and immigration law attorney. He has been practicing labor, employment and immigration law for more than 36 years. He has been featured in articles about labor, employment and immigration law in the L.A. Times, Business Week.com and Daily Variety. He is a regular columnist for the Daily Journal. Telephone (310)274-8216; eli@elikantorlaw.com. For more information, visit beverlyhillsimmigrationlaw.com and and beverlyhillsemploymentlaw.com

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Thursday, October 23, 2014

Colorado's Field of Dreams

US News & World Report
By David Catanese
October 22, 2014

AURORA, Colo. – Under a cobalt blue sky on a quiet, poorly lit street in this east Denver suburb, Dave Lightowler is performing the toilsome task that has helped the Democratic Party here achieve its vaunted status.

Lightowler, a 38-year-old technical trainer for Sprint, is one of the party’s thousands of foot soldiers. He is traipsing door to door in the dark, searching for the trove of elusive voters Democrats are convinced will save Sen. Mark Udall in his razor-thin race with Republican Rep. Cory Gardner.

At one household, an African-American male who looks to be in his early 30s confirms to Lightowler he’s received a ballot, but looks underwhelmed by the pitch. “Still undecided,” he replies with a glassy-eyed stare. This man will require another visit.

The party’s comprehensive voter database tells Lightowler his prospect didn’t vote in 2012 but recently registered in Arapahoe County, a key campaign battleground. He is one of the possible voters pollsters don’t expect to participate this midterm election. But if he does, it’ll likely be for the Democratic ticket, and Udall needs him.

The Democratic incumbent has trailed Gardner by single digits in the last six public polls, and recently has tellingly embraced an underdog status – an unthinkable point of positioning for the first-term senator just seven months ago. After all, Gardner didn't even jump into the race until March, as party elites orchestrated the ouster of less desirable challengers. He essentially gave up a safe congressional seat for what at best was a coin-flip's chance at a promotion.

Yet Udall told a group of volunteers at a field office late last week, "The pundits … they don't think we've got a chance."

Lightowler is part of an army of “game changers,” as Udall himself describes them. They are tasked with swelling Democratic turnout, jolting the likely voter pool and pulling off another surprise in a challenging political environment.

It happened in 2010, when the Democratic ground game here assisted in rescuing Sen. Michael Bennet from a tea party-fueled GOP wave. Bennet, the chairman of the Democratic Senatorial Campaign Committee who is now accompanying Udall on the trail, frequently reminds the troops no public survey ever showed him ahead of Republican Ken Buck. And yet an expansive, gritty field operation pushed him over the top by a mere 28,000 votes.

“It can be won by field because the race is within the margin of error,” Bennet says.

A cacophony of television and radio advertisements still saturate the Colorado airwaves, and Udall and Gardner continue to trade daily barbs on the stump. But the real action in this high-wire campaign has shifted toward the ballot-chasing – the grueling, thankless, time-consuming task of knocking on doors and buzzing phones to prod supporters and convince those still on the fence.

Democrats historically have been vastly superior at "field" – the shorthand lingo used by political operatives to describe the aggressive targeting and mobilizing of potential supporters who are less likely to vote. These are the people who need an extra nudge or reminder to complete the task.

This is Lightowler’s mission.

With an iPad in hand displaying a map and a list of targets, Lightowler makes his way up the street of the Aurora neighborhood he’s canvassing.

Howling barks of dogs greet him once he taps on the door of a ranch-style home. It’s not soon after he starts his pitch that a bearded man slams the door in his face.

“Forget it,” the man mutters before the door shuts.

Walking away, Lightowler is unfazed.

“You’ll get that sometimes,” he says.

He lists the man as a “refusal” on his iPad, but says he’ll go back seeking to talk to the door-slammer's wife​​​​​​​​​​​​​ another day. She’s categorized in his database as “unaffiliated” with either party, the largest portion of the Colorado electorate.

But so was her husband.

"You Don't Talk About Fight Club"

To those working the field game, the process of how to vote is almost as important as the candidates running.

And this year, the vast majority of Coloradans won’t ever have to trek to a polling place to complete their civic duty.

Last Wednesday, ballots were delivered directly to the homes of the state’s nearly 3 million active registered voters. This new, almost universal mail-in system means there’s no need to wait for Nov. 4 to step into a traditional voting booth (though you still can). Voters simply can place their ballots back in the mail anytime before that, hastening the pace of one of the most closely watched and equally matched U.S. Senate races in the country. One Udall adviser bets 90 percent of the vote will be cast before Election Day. ​

Nearly 80,000 people ​had​​​​​​​​​ voted in the election as of Monday, according to the Colorado secretary of state’s office, with Republicans grabbing an early advantage by about 12,000 ballots. Democrats expect that gap to narrow over the next week before a frenzied final push for the latest deciders, who are usually independents.

“We hope this takes the work out of voting. This is, ‘You have a ballot in your hand, let’s show you how easy it is,’” state Democratic Party chairman Rick Palacio says.

Close to 1.8 million people voted in the 2010 Colorado Senate race. Despite polls showing dampened enthusiasm, both sides in the Udall-Gardner battle still are girding for a higher turnout – possibly reaching 2 million – largely because of the mail-in ballot's ease.

Democrats are sure the process benefits them, and have calculated privately that hitting 70 percent turnout is their magic number for victory.

Republicans, however, won’t talk about their targets or about much ​else regarding their own field machinery. Keeping it a mystery is by design.

In recent weeks, national reporters have descended upon Gardner's campaign office in Englewood, Colorado, each asking the same set of burning questions: What’s your field operation like? How big is your army? How many doors have you knocked on? Have you caught up to the Democrats?

Chris Hansen, Gardner’s amiable campaign manager, essentially has told the inquirers to go pound dirt. Politely, of course.

All he allows during a brief on-the-record chat with U.S. News is “ours is infinitely better than Buck’s,” referring to the flawed 2010 Senate candidate who was outmaneuvered on the ground. Buck made repeated gaffes that insulted women and gays, while​ Gardner has shown some of the best message discipline of any Senate candidate in the country this cycle.

Asked about the glaring difference between the Gardner and Buck campaigns, Bennet ​pauses, allowing three seconds to go by before answering with a sliver of humor.

“I don’t want to say anything bad about my friend Ken Buck,” he says, before pausing again. “They’re different candidates.”

The only other potential clues gleaned from the Gardner campaign office visit are two numbers scribbled on a nearby whiteboard: Mail: 212,650. Phones: 100,030.

Hansen has watched the Democrats thump their own chests in the media about their ground effort, to some amusement and amazement.

Udall’s squad has trumpeted their 4,000 volunteers – a number nearly four times as big as Bennet’s operation. On the stump last week, the candidate talked about the 7,000 volunteer shifts already scheduled. The party has hired 100 paid organizers and has set up 25 field offices around the state. Bloomberg reported​ that $15 million will be invested in Udall’s get-out-the-vote operation when all is said and done.

It all falls under the DSCC's much-hyped national field operation: the Bannock Street Project, named after the street in Denver where Bennet's field headquarters sat in 2010.

“It’s much bigger than what we had. It’s resourced more heavily than what we had and it’s much more precise, which means that, the more precise it is, the more efficient you can be in the expenditure of money,” Bennet told reporters.

Last Thursday night in Aurora, Udall declared his team had registered 50,000 people – which a Gardner aide pointedly noted is exactly 50,000 short of the number the Democrat's campaign hoped to register.

Team Gardner’s approach to all the numbers being bandied about is: Let ‘em hoot and holler. Beyond a few press clips, sharing the game plan and specific metrics does nothing to further the cause. Besides, it’s only to their advantage if the opponent thinks they’re winning on the ground.

“We’ve done what we believed is necessary for this campaign. And it’s never been done in Colorado before,” Gardner tells U.S. News in an interview.

Asked about how his ground effort compares to the much heralded Democratic apparatus, Gardner replies: “First rule of Fight Club is you don’t talk about Fight Club.”

He chuckles heartily, his rosy red cheeks radiating. But he's only half-joking.

Did They Build It?

There’s no real way to know how far Republicans have come in their effort to neutralize the Democratic advantage on the ground.

“If they do have a program, it’s untested,” Palacio says.

But the task was a high enough priority for Hansen to employ door-knockers to contact unaffiliated households in the spring, back when Gardner was still seen as a relative long shot to pull off a victory.

According to a Republican source with knowledge of the Gardner effort, Hansen hired 500 college students in May to form the foundation of the campaign's ground game. By August, that number had ballooned to 1,000.

The eight-hour shifts were long, draining and often humbling experiences. Some of the students picked up Rosetta Stone courses in Spanish to better communicate with the Hispanic voters they were encountering.

Afterward, Gardner’s political director would brief the ground warriors on how best to compose follow-up postcards for their targets.

“You’ve got to personalize it. Remember their dog’s name,” were the instructions, according to the source.

Gardner’s campaign now pays around 2,000 canvassers, and Republicans in the state are confident Hansen's early groundwork will pay dividends. But it wasn’t always smooth sailing.

In August, Gardner’s campaign faced a potential “mass donor defection," according to the GOP source, ​after frustration boiled over about the lack of response to Udall’s incessant TV attack ads. ​ Hansen embarked on a weeklong trip to assuage deep-pocketed GOP contributors, assuring them that Udall’s single-minded assault on Gardner's "personhood" position – related to legislation that would treat fertilized eggs as human beings – ​“seemed shrill and over the top.” He urged calm, telling them the campaign was properly conserving resources for the fall, when eyeballs on ads really matter.

In early September, Hansen phoned the Republican National Committee with a request for an additional 500 staffers to be deployed in critical Arapahoe County. He got them, and just weeks later, Gardner saw his first string of public polling showing him ahead of Udall.

The donors stopped griping.

“I think the early work done by Chris Hansen when nobody was paying attention is going to make the difference,” says the GOP source, who is unaffiliated with the Gardner campaign. “This is the biggest race of his career, and I think he knows it’s the biggest race of his career.”

“We’ll Give You Popcorn”

“Seriously, we’ll give you popcorn, we’ll give you some cookies. You’ll get dinner afterwards. But for right now, call,” shouts a perky but direct 20-something field organizer to the more than 90 people who have shown up at the Democratic field office in Aurora Thursday night.

This organizer and her fellow ​office captains are pleading for “Six and Six” – for each person to volunteer for six shifts over the next 15 days and then an additional six over the final four days. Leading by example, Udall marks his own name down for a shift on a large poster hanging on the wall.

At best, the most effective field programs can create a 2 to 3 percentage point​ bump. The cavalry galloping into town is one indication that both campaigns think the race in this purple state may come down to that slim of a margin.

“I’m feeling like it's going to be really close,” Bennet says.

Sens. Elizabeth Warren, D-Mass, and Amy Klobuchar, D-Minn. – as well as former Secretary of State Hillary Clinton – all have recently headlined rallies designed specifically to urge Democratic activists to ramp up their engagement.

“When you stop at a light and somebody’s standing next to you … OK, so I’m not proud, I did that,” Warren told Udall supporters during a stop Friday.

Still, as polls have drifted in Gardner’s direction in recent weeks, Republicans view Democrats' emphasis on their boots on the ground​ as affirmation that they’re behind.

Josh Penry, a former state senator who managed the 2010 U.S. Senate campaign of Jane Norton, asserts that much of the bravado around the Democratic ground game is pure Rocky Mountain myth. In 2010, Republican turnout topped Democratic balloting in the state by more than 100,000 votes. It was the independents who had peeled away in dramatic fashion.

"It was GOP turnoff, not Democratic turnout, that decided that race," Penry says. With Gardner this year, "Democrats are facing a massively formidable candidate and campaigner, and the Jedis of Bannock Street aren't the only ones who know how to turn out the vote."

In two weeks, both parties will know which field game was just a field of dreams. ​​​​​​​​​​​​​​​​​​

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