[EL] Grimes lawsuit

Mon Nov 3 14:29:56 PST 2014

All,

I don't know the law or the facts, but it could be interesting to consider
a negligence *per se* theory applying Kentucky's
impersonating-a-police-officer statute*. See* Ky. Rev. Stat. Ann § 519.055,
http://www.lrc.ky.gov/statutes/statute.aspx?id=19863. The statute provides,
in part:

A person is guilty of impersonating a peace officer if he pretends  . . .
to represent a law enforcement agency or act with the authority or approval
of law enforcement agency, with the intent to induce another to submit to
the pretended official authority or otherwise to act in reliance upon the
pretense to his prejudice.

*Id*. Of course, Ms. Grimes is unlikely to be considered part of the
protected class (that is, those persons who "submit to the pretended
official authority or otherwise . . . act in reliance upon the pretense to
[their] prejudice"). However, I am certain the campaign could find someone
with standing.

All the best,
Andrew

--
Andrew Kingsley
503-703-3998

On Sat, Nov 1, 2014 at 1:32 PM, Robbin Stewart <gtbear at gmail.com> wrote:

> While I agree with Rick that the intimidation charge won't stick, there
> may be something to the defamation claim. I'd be happy to hear critiques of
> the defamation claim.
>
>
> http://ballots.blogspot.com/2014/10/mcconnell-in-cahoots-with-ky-gop-sent.html
>
> If Grimes loses narrowly, a jury could find substantial damages. Is this a
> case that can get to a jury? I would think whether the allegation of
> election violations constitutes defamation per quod is a matter of law.
>
> On the other hand, I assume the senders have their own lawyers on tap and
> crafted the letter to avoid liability. Whether legal or not, it's tacky.
> McConnell, in McConnell v FEC and elsewhere, has been a champion for free
> speech. Dirty tricks like this one undercut his case. As far as I know, he
> was solidly leading before this went out,and didn't need it. Not sure what
> they were thinking.
>
> On Sat, Nov 1, 2014 at 7:55 AM, Lillie Coney <coney at lillieconey.net>
> wrote:
>
>> 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
>>   website <http://mccandlishlawyers.com/> | bio
>> <http://mccandlishlawyers.com/attorney/john-w-farrell/> | vCard
>> <http://www.dynasend.com/signatures/vcard/jfarrell-at-mccandlishlawyers.com.vcf>
>>  | map
>> <http://maps.google.com/maps?q=11350+Random+Hills+Road,+Fairfax,+VA+22030&hl=en&ll=38.857288,-77.338471&spn=0.028874,0.038409&sll=37.0625,-95.677068&sspn=59.206892,78.662109&vpsrc=6&hnear=11350+Random+Hills+Rd,+Fairfax,+Virginia+22030&t=m&z=15>
>>  | email <jfarrell at mccandlishlawyers.com>
>> <Mail Attachment.gif><Mail Attachment.gif>
>> <http://www.facebook.com/McCandlishLillard><Mail Attachment.gif>
>> <http://www.linkedin.com/company/mccandlish-&-lillard-p.c.><Mail
>> Attachment.gif>
>>
>> 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.
>>
>>
>>
>>  <http://www.youtube.com/user/McCandlishLillard>
>>
>>  On Oct 31, 2014, at 7:40 PM, Rick Hasen wrote:
>>
>>  Super Creepy Picture of the Day <http://electionlawblog.org/?p=67778>
>> Posted on October 31, 2014 3:38 pm <http://electionlawblog.org/?p=67778>
>> by Rick Hasen <http://electionlawblog.org/?author=3>
>>
>> <141031_ScaryAds.jpg.CROP_.promovar-mediumlarge.jpg>
>> <http://electionlawblog.org/wp-content/uploads/141031_ScaryAds.jpg.CROP_.promovar-mediumlarge.jpg>
>>
>> From a real live judicial elections ad, as described in the new Slate
>> piece
>> <http://www.slate.com/articles/news_and_politics/jurisprudence/2014/10/judicial_election_outrageous_ads_campaign_contributions_break_records.html>
>>  with Dahlia Lithwick
>>  <share_save_171_16.png>
>> <https://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D67778&title=Super%20Creepy%20Picture%20of%20the%20Day&description=>
>>  Posted in judicial elections <http://electionlawblog.org/?cat=19>
>> Updated Analysis: Grimes Campaign Suing over McConnell “Election
>> Violations” Mailer <http://electionlawblog.org/?p=67776>
>> Posted on October 31, 2014 3:34 pm <http://electionlawblog.org/?p=67776>
>> by Rick Hasen <http://electionlawblog.org/?author=3>
>>
>> So reports
>> <http://www.thedailybeast.com/articles/2014/10/31/grimes-campaign-exploring-legal-options-against-mcconnell.html>
>>  The Daily Beast. UPDATE: TPM has the complaint
>> <https://www.scribd.com/doc/245146077/Grimes-Campaign-Complaint-10-31-14>.
>> It alleges a violation of KRS 119.155
>> <http://www.lrc.ky.gov/Statutes/statute.aspx?id=27752>, 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>
>> <https://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D67776&title=Updated%20Analysis%3A%20Grimes%20Campaign%20Suing%20over%20McConnell%20%E2%80%9CElection%20Violations%E2%80%9D%20Mailer&description=>
>>  Posted in campaigns <http://electionlawblog.org/?cat=59>, chicanery
>> <http://electionlawblog.org/?cat=12>, The Voting Wars
>> <http://electionlawblog.org/?cat=60>
>> “Georgia, North Carolina midterms: Race matters”
>> <http://electionlawblog.org/?p=67774>
>> Posted on October 31, 2014 3:32 pm <http://electionlawblog.org/?p=67774>
>> by Rick Hasen <http://electionlawblog.org/?author=3>
>>
>> AP reports
>> <http://www.bellinghamherald.com/2014/10/31/3945695/georgia-north-carolina-midterms.html>
>> .
>>  <share_save_171_16.png>
>> <https://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D67774&title=%E2%80%9CGeorgia%2C%20North%20Carolina%20midterms%3A%20Race%20matters%E2%80%9D&description=>
>>  Posted in campaigns <http://electionlawblog.org/?cat=59>, Voting Rights
>> Act <http://electionlawblog.org/?cat=15>
>> Sen. McConnell Sends “Election Violation Notice” Mailers to Voters
>> <http://electionlawblog.org/?p=67772>
>> Posted on October 31, 2014 2:37 pm <http://electionlawblog.org/?p=67772>
>> by Rick Hasen <http://electionlawblog.org/?author=3>
>>
>> Dems yell vote suppression
>> <http://talkingpointsmemo.com/dc/mcconnell-mailers-election-violation>.
>> It is pretty low tactic, but will it really deter anyone from voting.
>>  <share_save_171_16.png>
>> <https://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D67772&title=Sen.%20McConnell%20Sends%20%E2%80%9CElection%20Violation%20Notice%E2%80%9D%20Mailers%20to%20Voters&description=>
>>  Posted in campaigns <http://electionlawblog.org/?cat=59>, The Voting
>> Wars <http://electionlawblog.org/?cat=60>
>> “Devising a Standard for Section 3: Post-Shelby County Voting Rights
>> Litigation” <http://electionlawblog.org/?p=67770>
>> Posted on October 31, 2014 2:03 pm <http://electionlawblog.org/?p=67770>
>> by Rick Hasen <http://electionlawblog.org/?author=3>
>>
>> Roseann Romano
>> <http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2490215>, 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>
>> <https://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D67770&title=%E2%80%9CDevising%20a%20Standard%20for%20Section%203%3A%20Post-Shelby%20County%20Voting%20Rights%20Litigation%E2%80%9D&description=>
>>  Posted in Department of Justice <http://electionlawblog.org/?cat=26>, Voting
>> Rights Act <http://electionlawblog.org/?cat=15>
>> ACS Briefing on Alabama Redistricting Cases
>> <http://electionlawblog.org/?p=67768>
>> Posted on October 31, 2014 2:01 pm <http://electionlawblog.org/?p=67768>
>> by Rick Hasen <http://electionlawblog.org/?author=3>
>>
>> November 10 (two days before argument).  Details and RSVP
>> <https://acslaw.secure.force.com/rsvp?id=a0YG0000007Or62MAC>.
>>  <share_save_171_16.png>
>> <https://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D67768&title=ACS%20Briefing%20on%20Alabama%20Redistricting%20Cases&description=>
>>  Posted in redistricting <http://electionlawblog.org/?cat=6>, Supreme
>> Court <http://electionlawblog.org/?cat=29>, Voting Rights Act
>> <http://electionlawblog.org/?cat=15>
>>
>> --
>> Rick Hasen
>> Chancellor's Professor of Law and Political Science
>> UC Irvine School of Law
>> 401 E. Peltason Dr., Suite 1000
>> Irvine, CA 92697-8000949.824.3072 - office949.824.0495 - faxrhasen at law.uci.eduhttp://www.law.uci.edu/faculty/full-time/hasen/http://electionlawblog.org
>>
>>  _______________________________________________
>> Law-election mailing list
>> Law-election at department-lists.uci.edu
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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 92697-8000949.824.3072 - office949.824.0495 - faxrhasen at law.uci.eduhttp://www.law.uci.edu/faculty/full-time/hasen/http://electionlawblog.org
>>
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>>
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