I did not think my exchange with Ted Costa yesterday was hostile (other than that we obviously disagree with each other), certainly not exceedingly hostile.
Anyway, the slate mailer was not sent out by either Larry or me (I am not a campaign consultant). As the item, wherever it came from, that Craig attached to his message indicates, it was sent out by Tom Kaptain, who has been publishing slate mail in California for many years.
The whining about that mailer has been to the effect that the envelope was designed to look like an official mailing, which is unlawful in California. You can't judge for yourself from the descriptions, but I've seen a pdf showing both the front and the back of the envelope, and I'd say if a student were given the assignment of designing an envelope that looked official and handed in this envelope, the student would get a flunking grade.
Steve Poizner, who is campaign manager (I'm not sure if I have the right title) for the pro-77 campaign, apparently filed a complaint with the Attorney General (as anyone with a postage stamp can do). I have not seen the complaint, but I saw a news item in which a representative of the AG said that this envelope looks nothing like the ones they've investigated in the past. The ones they've investigated have contained seals or other insignia to make the envelopes look official. Kaptain's envelope contains absolutely nothing of that sort.
The rather innocuous message they complain about (Jury Duty Is Good Citizenship) is what is known as a meter slug. The postage meter contains a space to the left of the postal information where such messages can be inserted. They used to be faint and grey, but present technology permits modest graphic creativity. Thus, the bold face referred to in the news item. It has been a common practice for such public service messages--including this exact message--to be inserted as the meter slug in political mail in California going at least back to the 1970s.
Mr. Poizner, in addition to running the pro-77 campaign, is also running for Insurance Commissioner in the Republican primary next year. Candidate Poizner has contracted with the very same Tom Kaptain to appear in Mr. Kaptain's slate mailer next year! Apparently, Mr. Poizner either regards Mr. Kaptain as a reputable vendor or is quite willing to hire vendors he regards as disreputable.
Best,
Daniel Lowenstein
UCLA Law School
405 Hilgard
Los Angeles, California 90095-1476
310-825-5148
________________________________
From: owner-election-law_gl@majordomo.lls.edu on behalf of Holman@aol.com
Sent: Thu 11/3/2005 10:48 AM
To: election-law@majordomo.lls.edu
Subject: Slate mailer
For those of us confused by the ambiguous, though exceedingly hostile, exchange between Dan Lowenstein and Ted Costa, the Sacramento Bee (Oct. 31) explains a little about the slate mailer in question. My understanding is that Larry Levine, not Dan, produced the mailer.
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Jury duty is good citizenship, but using that phrase to fool voters into reading your political mail is not.
That's the feeling of Proposition <http://web2.westlaw.com/result/documenttext.aspx?cfid=1&rltdb=CLID_DB2442311&vr=2.0&fcl=False&eq=search&ss=CNT&blinkedcitelist=False&sv=Split&cxt=RL&n=1&rlt=CLID_QRYRLT2743311&origin=Search&mt=Westlaw&scxt=WL&rp=%2fsearch%2fdefault.wl&rs=WLW5.10#I> 77 <http://web2.westlaw.com/result/documenttext.aspx?cfid=1&rltdb=CLID_DB2442311&vr=2.0&fcl=False&eq=search&ss=CNT&blinkedcitelist=False&sv=Split&cxt=RL&n=1&rlt=CLID_QRYRLT2743311&origin=Search&mt=Westlaw&scxt=WL&rp=%2fsearch%2fdefault.wl&rs=WLW5.10#I> advocates, who were upset last week that opponents of the redistricting initiative sent mailers to Republicans with the words "JURY DUTY" next to a postmark.
"This is really an outrage, it's a pretty sleazy tactic here," said Steve Poizner, a pro-77 campaign leader who said the appearance is meant to make voters think they are opening a jury <http://web2.westlaw.com/result/documenttext.aspx?cfid=1&rltdb=CLID_DB2442311&vr=2.0&fcl=False&eq=search&ss=CNT&blinkedcitelist=False&sv=Split&cxt=RL&n=1&rlt=CLID_QRYRLT2743311&origin=Search&mt=Westlaw&scxt=WL&rp=%2fsearch%2fdefault.wl&rs=WLW5.10#I> summons <http://web2.westlaw.com/result/documenttext.aspx?cfid=1&rltdb=CLID_DB2442311&vr=2.0&fcl=False&eq=search&ss=CNT&blinkedcitelist=False&sv=Split&cxt=RL&n=1&rlt=CLID_QRYRLT2743311&origin=Search&mt=Westlaw&scxt=WL&rp=%2fsearch%2fdefault.wl&rs=WLW5.10#I> .
Inside, the mailer attacks Proposition <http://web2.westlaw.com/result/documenttext.aspx?cfid=1&rltdb=CLID_DB2442311&vr=2.0&fcl=False&eq=search&ss=CNT&blinkedcitelist=False&sv=Split&cxt=RL&n=1&rlt=CLID_QRYRLT2743311&origin=Search&mt=Westlaw&scxt=WL&rp=%2fsearch%2fdefault.wl&rs=WLW5.10#I> 77 <http://web2.westlaw.com/result/documenttext.aspx?cfid=1&rltdb=CLID_DB2442311&vr=2.0&fcl=False&eq=search&ss=CNT&blinkedcitelist=False&sv=Split&cxt=RL&n=1&rlt=CLID_QRYRLT2743311&origin=Search&mt=Westlaw&scxt=WL&rp=%2fsearch%2fdefault.wl&rs=WLW5.10#I> but makes no reference to juries.
"Rumor has it that people supporting Proposition <http://web2.westlaw.com/result/documenttext.aspx?cfid=1&rltdb=CLID_DB2442311&vr=2.0&fcl=False&eq=search&ss=CNT&blinkedcitelist=False&sv=Split&cxt=RL&n=1&rlt=CLID_QRYRLT2743311&origin=Search&mt=Westlaw&scxt=WL&rp=%2fsearch%2fdefault.wl&rs=WLW5.10#I> 77 <http://web2.westlaw.com/result/documenttext.aspx?cfid=1&rltdb=CLID_DB2442311&vr=2.0&fcl=False&eq=search&ss=CNT&blinkedcitelist=False&sv=Split&cxt=RL&n=1&rlt=CLID_QRYRLT2743311&origin=Search&mt=Westlaw&scxt=WL&rp=%2fsearch%2fdefault.wl&rs=WLW5.10#I> don't like jury duty," said Tom Kaptain, whose Citizens for Good Government produced the flier.
Beneath "JURY DUTY," the mailer has the words "IS GOOD CITIZENSHIP" in smaller bold type. Poizner filed a complaint Friday. Kaptain said his mail was harmless.
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Craig Holman, Ph.D.
Public Citizen
215 Pennsylvania Ave., SE
Washington, D.C. 20003
TEL: 202-454-5182
FAX: 202-547-7392
Holman@aol.com