Jose “Joe” Moreno, Candidate the 69th Assembly District
Press Release, For Immediate Release
June 11, 2012
Jose “Joe” Moreno to request an investigation of deceptive mailers that promoted Tom Daly
SANTA ANA – Jose “Joe” Moreno, one of the two two candidates for the 69th Assembly District, is formally requesting that candidate Tom Daly, running for the 69th Assembly District, publicly denounce and disassociate himself from any involvement in a series of campaign literature, paid for by JobsPAC.
Moreno believes these mailers were possibly highly deceptive illegal mailers and thus eventually suppressed and/or influenced many voters’ voting decisions.
Four of the known mailers were all seemingly mailed, delivered or addressed to quite possibly close to 42,946 of the 69th District voters, which would possibly be determined as over 171,784 potentials addressed targets. In addition, given that there are many mixed partisan household within the 69th Assembly district, the potential number of disenfranchised voters could be even greater.
Three of the known mailers listed over ten times the name TOM DALY or Daly, and all of them listed his Orange County designation as a public official, “Orange County Clerk-Recorder.” Three included this information in what appears to look like a official voting ballot, as they state, “Presidential Primary Election, Orange County June 5, 2012, Official Ballot, and Republican.” Below the aforementioned descriptive text is the following “MEMBER OF THE STATE ASSEMBLY 69TH DISTRICT – Vote for One.”
All of these mailers were possibly highly deceptive illegal mailers, using the following text in their mailers:
- “California’s new primary rules allow you to vote for a candidate of either party, but the only Republican running for State Assembly in our district has dropped out of the race.”
- “The only Republican candidate for the State Assembly has dropped out of the race! Don’t waste your vote on a Republican who is not running”
- “The only Republican candidate for the 69th Assembly District dropped out of the race. Don’t waste your vote on a Republican who is not running”
- “The only Republican candidate for the State Assembly has dropped out of the race! Don’t waste your vote on a Republican who is not running” “Don’t waste your vote on a Republican who is not running”
Three out of four of these mailers include a Orange County Register newspaper story titled “Republican tried to quit 69th Assembly race,” dated April 11th 2012, 2:23 pm, posted by Andrew Galvin, that detailed information about a request submitted to the Orange County Registrar, Neal Kelly, seeking to withdraw. Yet, within the story, representing all of paragraph six, is the following response, “This Hatch act has been used as a political weapon to end competitive political campaigns, not to end corruption,” said Moreno, who added he will continue to actively campaign for the Assembly seat”
In California Election code§ 18573, Article 4 Corruption in Voting it cites the following:
Every person is guilty of a felony punishable by imprisonment in the state prison for 16 months or two or three years who furnishes any voter wishing to vote, who cannot read, with a ballot, informing or giving that voter to understand that it contains a name written or printed thereon different from the name which is written or printed thereon, or defrauds any voter at any election by deceiving and causing him or her to vote for a different person for any office than he or she intended or desired to vote for.
With the introduction of last year’s United States Congressional Act called Deceptive Practices and Voter Intimidation Prevention Act of 2011, the following findings were utilized:
“The First Amendment does not preclude the regulation of some intentionally false speech, even if it is political in nature. As the Supreme Court of the United States has recognized, ‘[t]hat speech is used as a tool for political ends does not automatically bring it under the protective mantle of the Constitution. For the use of the known lie as a tool is at once at odds with the premises of democratic government and with the orderly manner in which economic, social, or political change is to be effected . . . . Hence the knowingly false statement and the false statement made with reckless disregard of the truth, do not enjoy constitutional protection.’. Garrison v. Louisiana, 379 U.S. 64, 75 (1964).”
Using the 14th Amendment of the US Constitution, considering the equal protection clause contained within it, the United States Supreme Court In Reynolds v. Sims, 377 U.S. 533 (1964), found that:
“The right to vote freely for the candidate of one’s choice is of the essence of a democratic society, and any restrictions on that right strike at the heart of representative government. And the right of suffrage can be denied by a debasement or dilution of the weight of a citizen’s vote just as effectively as by wholly prohibiting the free exercise of the franchise.”
Candidate Moreno believes that voters in the 69th Assembly district were deceived by the aforementioned mailers and their rights were violated and as such he will be requesting a full investigation by the Orange County District Attorney’s office, the California State Attorney General’s Office and the United States Attorney General’s office.
Jose “Joe” Moreno
Candidate for the 69th Assembly District