[EL] Grimes lawsuit

Sat Nov 1 04:55:18 PDT 2014

Imagery matters in campaigns—from the Daisy Commercial to Deaver’s work with Ronald Reagan pictures had the power to influence some voters. 

What I find  interesting is the use of subliminal advertisement in political campaign advertisement. One example was a discovery during the Bush/Gore campaign.  http://www.youtube.com/watch?v=2NPKxhfFQMs

In any case attempting to reach voters on a subconscious level has been part of the Madison Avenue approach to campaigning for sometime. 

In a close election year—if campaigns think it will give them an edge they may try it. While no one wants to believe they can be influenced by these types of advertisements, I am not sure if there is clinical research on either side that can answer the question of how effective these advertisements are in influencing voters.

It would be interesting to see research on the topic.

Lillie Coney

On Oct 31, 2014, at 8:23 PM, Rick Hasen <rhasen at law.uci.edu> wrote:

> So you see this as a serious suit and not simply a publicity stunt to accuse McConnell of being a vote suppressor?
> 
> I surely don't.
> 
> Rick
> 
> On 10/31/14, 5:15 PM, John W. Farrell wrote:
>> Sorry Professor, I've witnessed legitimate qualified voters intimidated by a lot less than that envelope.  
>> 
>> Reread district court findings in DNC v. RNC.
>> 
>> Scammers regularly get people to fork over money simply but using an envelope that looks like it came from the IRS or other governmental agency.
>> 
>> John W. Farrell 
>> Attorney at Law 
>> 
>> <Mail Attachment.jpeg>
>> 
>> 
>> 11350 Random Hills Road | Suite 500
>> Fairfax, Virginia 22030-7421
>> direct (703) 934-1182 | cell (703) 507-1182
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>> This email is not intended, nor shall it be deemed, unless otherwise expressly provided in writing, to (1) constitute or provide legal advice or counsel, unless the recipient already has an attorney-client relationship with the firm or me; (2) create an attorney-client relationship; or (3) contain my electronic, or other implied, signature.
>> 
>> 
>> 
>> 
>> On Oct 31, 2014, at 7:40 PM, Rick Hasen wrote:
>> 
>>> Super Creepy Picture of the Day
>>> Posted on October 31, 2014 3:38 pm by Rick Hasen
>>> <141031_ScaryAds.jpg.CROP_.promovar-mediumlarge.jpg>
>>> 
>>> From a real live judicial elections ad, as described in the new Slate piece with Dahlia Lithwick
>>> 
>>> <share_save_171_16.png>
>>> Posted in judicial elections
>>> Updated Analysis: Grimes Campaign Suing over McConnell “Election Violations” Mailer
>>> Posted on October 31, 2014 3:34 pm by Rick Hasen
>>> So reports The Daily Beast. UPDATE: TPM has the complaint. It alleges a violation of KRS 119.155, which makes it a crime to, among other things “intimidate[] or attempts to intimidate any voter so as to prevent him from casting his ballot.” That’s what the Grimes campaign alleges the flyer does.
>>> 
>>> I don’t buy it. Some people might be confused by the flyer and maybe even think they are accused of some kind of elections code violation. But anyone who reads it will see it is clearly a nasty attack ad aimed at Grimes.
>>> 
>>> Voters are not stupid nor so easily intimidated.
>>> 
>>> Yes we are knee deep in the silly season.
>>> 
>>> [This post has been updated.]
>>> 
>>> <share_save_171_16.png>
>>> Posted in campaigns, chicanery, The Voting Wars
>>> “Georgia, North Carolina midterms: Race matters”
>>> Posted on October 31, 2014 3:32 pm by Rick Hasen
>>> AP reports.
>>> 
>>> <share_save_171_16.png>
>>> Posted in campaigns, Voting Rights Act
>>> Sen. McConnell Sends “Election Violation Notice” Mailers to Voters
>>> Posted on October 31, 2014 2:37 pm by Rick Hasen
>>> Dems yell vote suppression.  It is pretty low tactic, but will it really deter anyone from voting.
>>> 
>>> <share_save_171_16.png>
>>> Posted in campaigns, The Voting Wars
>>> “Devising a Standard for Section 3: Post-Shelby County Voting Rights Litigation”
>>> Posted on October 31, 2014 2:03 pm by Rick Hasen
>>> Roseann Romano, adding to a growing list of important student notes on bail-in, for the Iowa Law Review:
>>> 
>>> In response to the Supreme Court’s decision in Shelby County v. Holder, which dismantled the modern voting rights enforcement regime by declaring section 4(b) of the Voting Rights Act (“VRA”) unconstitutional, plaintiffs in voting rights lawsuits have sought protection from a little-used provision of the VRA: section 3(c). Section 3(c) allows courts to require jurisdictions whose voting practices violate the Fourteenth or Fifteenth Amendment to submit future voting changes to a preclearance process. However, in light of little legislative history and only one instance of judicial interpretation of the provision, courts face a challenge in determining when a jurisdiction’s behavior triggers the section 3(c) remedy. Accordingly, this Note examines section 3(c) and the legal standards applied to find Fourteenth or Fifteenth Amendment violations in voting rights cases. This Note then proposes an invidious discrimination standard for determining when a jurisdiction’s voting practices trigger section 3(c). By applying this standard to two ongoing voting rights cases, this Note argues that a less burdensome standard than the intentional discrimination standard does not dramatically depart from past voting rights jurisprudence and is necessary to strengthen the voting rights enforcement regime.
>>> 
>>> <share_save_171_16.png>
>>> Posted in Department of Justice, Voting Rights Act
>>> ACS Briefing on Alabama Redistricting Cases
>>> Posted on October 31, 2014 2:01 pm by Rick Hasen
>>> November 10 (two days before argument).  Details and RSVP.
>>> 
>>> <share_save_171_16.png>
>>> Posted in redistricting, Supreme Court, Voting Rights Act
>>> 
>>> -- 
>>> Rick Hasen
>>> Chancellor's Professor of Law and Political Science
>>> UC Irvine School of Law
>>> 401 E. Peltason Dr., Suite 1000
>>> Irvine, CA 92697-8000
>>> 949.824.3072 - office
>>> 949.824.0495 - fax
>>> rhasen at law.uci.edu
>>> http://www.law.uci.edu/faculty/full-time/hasen/
>>> http://electionlawblog.org
>>> _______________________________________________
>>> Law-election mailing list
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>> 
> 
> -- 
> Rick Hasen
> Chancellor's Professor of Law and Political Science
> UC Irvine School of Law
> 401 E. Peltason Dr., Suite 1000
> Irvine, CA 92697-8000
> 949.824.3072 - office
> 949.824.0495 - fax
> rhasen at law.uci.edu
> http://www.law.uci.edu/faculty/full-time/hasen/
> http://electionlawblog.org
> _______________________________________________
> Law-election mailing list
> Law-election at department-lists.uci.edu
> http://department-lists.uci.edu/mailman/listinfo/law-election

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