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Misleading 'Democratic' Election Mailer in El Cerrito, Elsewhere

A "Democratic" mailer appears to be from the Democratic Party, but it was produced by a group not affiliated with the party and contains paid endorsements that differ in several cases from the party's endorsements.

Voters in El Cerrito and elsewhere received "Democratic" campaign mailers that seem to be from the Democratic Party but contain several paid endorsements that do not match the party's official endorsements.

The mailer bears a "Vote Democratic" logo with a donkey inside a red, white and blue stars-and-stripes shield. The title of the endorsements section says, "The Team for Democratic Voters."

The mailers are targeted by locality, so the content varies. In one sent to an El Cerrito address, more than half of the mailer's 18 endorsements are marked with an asterisk (*). Readers who look at the mailer's fine print will see that endorsements with an asterisk were paid for.

There's "absolutely no connection" between the mailer and the Democratic Party, said Chuck Carpenter, chairman of the party's Contra Costa County committee.

"I know people are confused," he said. "It's a deceptive form of advertising that that they actually make good money at."

The mailer's fine print says it was prepared by Democratic Voters Choice, "not an official party organization." The tiny print also explains the asterisks: "Appearance is paid for and authorized by each candidate and ballot measure designated by an *."

The mailer's endorsements for big-name races, including Barack Obama for President and Diane Feinstein for U.S. Senator, match those of the California Democratic Party.

One mailer sent to an El Cerrito address begins with "ATTENTION: EL CERRITO Democrats" and also has endorsements for Democrats in local races, including Congressman George Miller, state Senator Loni Hancock and Assemblywoman Nancy Skinner. A copy of one of the mailers distributed in El Cerrito is attached to this article.

None of the endorsements for those individuals is marked with an asterisk.

The endorsements that carry asterisks include two West Contra Costa County school measures, Measures E and G, and nine of the 11 state ballot propositions. 

The mailer recommends "Yes" votes on Measures E and G. The El Cerrito Democratic Club also supports both measures.

On the state propositions, however, the mailer's paid endorsements do not match the state Democratic Party's positions on five measures. The party, for example, supports Prop. 34 to abolish the death penalty and Prop. 37 to require labeling of genetically modified foods, while the mailer recommends a "No" vote on both.

Democratic Voters Choice sells many of the endorsements and adds big-name Democratic Party candidates for free, Carpenter said.

"That's how they hook people," he said, adding that the paying clients, which often include smaller campaigns, realize that such a mailer "is a lot cheaper than printing your own material."

Hilary Crosby, controller of the state Democratic Party and past president of the El Cerrito Democratic Club, said in an email to Patch, "It's a common misleading tactic during election campaigns for 'slate mailers' to put prominent Democrats (like President Obama and Sen. Feinstein) on a piece of mail and then put other things – such as No on Prop 37 – to mislead voters. If they do it late enough in the campaign, they may get fined after the election, but the damage has been done to the vote by then."

The mailer also lists a polling place for the address that it is sent to, though a mailer sent to a Patch reader on Barrett Avenue in El Cerrito listed the wrong polling place for that address.

Patch attempts to reach Democratic Voters Choice were not successful. The mailer lists an address for the group in Covina, CA, and no other contact information.

In June, local Democrats in Bakersfield objected to a Democratic Voters Choice mailer that included endorsements for two Republicans running for county supervisor, according to the Bakersfield Californian.

"These kinds of slate cards," Crosby said, "have been very harmful in rural counties where combining a photo of the Democratic presidential candidate with recommendations to vote for local Republicans in the 'non-partisan' races for school board, city council, irrigation district, etc. can put a Republican onto the first rung of the ladder to running for Assembly or State Senate by riding our coattails!"

"This tactic is not new," said Democrat Assemblywoman Skinner. "I always advise people to look at the small print."

Skinner recommended that voters consult nonpartisan websites such as Smart Voter from the League of Women Voters and Ballotpedia, as well as "websites of elected officials you respect and trust."

Scott Lyons, president of El Cerrito Democratic Club, said official party materials will say they're from the party. Door hangers, for example, have CADEM at the top, for California Democratic Party. A party mailer for Prop 30 says, "Paid for by the California Democratic Party."

The Bakersfield Californian offered background about Democratic Voters Choice: "The state Fair Political Practices Commission identifies Democratic Voters Choice as a for-profit business that spends millions of dollars each election cycle to influence votes. In the 2007-08 election cycle, the commission listed the group as the fourth largest such group by expenditures, at $920,596."

Carpenter said similar endorsement-for-sale mailers are used by other profit-seeking entities that present themselves as public safety organizations or environmental groups.

John November 05, 2012 at 05:18 AM
I thought some of the choices seemed odd in that mailer. Now I know why
Barbara Hill November 05, 2012 at 05:33 AM
This is why I never pay the slightest attention to recommendations on mailers; they go directly into the recycling bin. I take the time to check out the recommendations of the League of Women Voters on ballot propositions. The amount of money being poured into deceptive advertising this year is scary. I am worried that special interests are going to be able to "buy" this entire election.
Sharpie November 05, 2012 at 12:37 PM
Make a special note to watch the Free and Equal Election Debate between third party Presidential candidates, Gov. Gary Johnson (Libertarian ) and Dr. Jill Stein (Green) to be aired tonight on Monday evening, Nov. 5th from 9:00 - 10:30 pm Eastern Time. Perform a worthwhile civic duty, and be certain to listen in on this historic debate so that you can make an informed decision on voting day. Third party candidates who will be on the ballot in most states deserve to be heard. http://freeandequal.org/?v=1
Kathy A. November 05, 2012 at 01:14 PM
I received a similar mailer, but at least one voting recommendation is different from those noted above. The mailer LISTS THE WRONG LOCATION for voting!
Heidi Rand November 05, 2012 at 04:11 PM
Thanks for bringing this to our attention before the election!
George McRae November 05, 2012 at 06:17 PM
These mailers, while deceptive are also effective. Case in point the 2002 El Cerrito city council election where "soft money"(dark money) support of Sandi Potter (lead by developer interest James Busby who wanted to destroy a major section of notorious land slide and open space area and destroy a creek in the process. Busby's EIR consultant was none other than John Zentner, federally convicted of Endangered Species act violations) financed a flier where incumbent Kathie Perka was linked to Republican gubernatorial candidate Bill Simon and his "Republican Values" A glossy picture of them both side by side. One of the slickest fliers i have ever seen in a local election. Worthy of a State or even a National candidate. It was challenged and found to have all sorts of illegalities albeit small but significant. The thing was it was fully supported by the El Cerrito Democratic club in spite of the fact that our city elections are "supposed" to be non partisan. It is difficult to listen to the local Dems speak about the blackened pot when they are notorious for the behavior as well. Many in the community spoke up about this, my self included. Mixed results. That's a story for later....I'm a lifelong Dem, by the way. Here's a link to the East Bay Express coverage of the issue. To forget is to let history repeat itself.....http://www.eastbayexpress.com/ebx/news-and-notes/Content?oid=1068758
Barbara Bennett November 05, 2012 at 07:08 PM
We received two mailers, one for each registered voter here. One of the mailers had an incorrect voting place, the other had the correct place. I am appalled that this fraudulent mailer was sent, Isn't mail fraud illegal?
Evelyn B November 05, 2012 at 08:02 PM
I also received a mailer prepared by "Voter Guide Slate Cards" that lists the wrong voting location, which might be especially confusing for some people, since in reality, our polling location DID change this year. After being at the El Cerrito Community Center for many years, this election, our polling location is a mile further away at St Jerome's Church, but the mailer lists a different church in a different part of El Cerrito entirely (St Peter's).
Kathy A. November 05, 2012 at 08:16 PM
We usually vote at the church on Schmidt, near Navallier. This year, our polling place is the EC Fire Station, on Arlington. But the flier said St. John's Community Center, on Gladys. Very confusing! You can check on your CORRECT polling place here: http://www.cocovote.us/PrecinctFinder.aspx
Dorothy Coakley November 05, 2012 at 08:17 PM
And this is way I register independent. Even though *somehow* I didn't get a ballot mailed to me for this primary. (Thank you CC Board of Elections for your very courteous and prompt response...I have a new ballot now!) Catch you all at the polls tomorrow.
Sharpie November 05, 2012 at 08:25 PM
MUST read: "Support for Kill List and NDAA make Obama and Romney Unfit for Office" http://communities.washingtontimes.com/neighborhood/reawakening-liberty/2012/nov/2/support-kill-list-and-ndaa-make-obama-and-romney-u/ Make a special note to watch the Free and Equal Election Debate between third party Presidential candidates, Gov. Gary Johnson (Libertarian) and Dr. Jill Stein (Green) to be aired tonight on Monday evening, Nov. 5th from 9:00 - 10:30 pm Eastern Time. Perform a worthwhile civic duty, and be certain to listen in on this historic debate so that you can make an informed decision on voting day. Third party candidates who will be on the ballot in most states deserve to be heard. It is a violation of the 1st Amendament rights of third party candidates, and a violation of the free speech rights of every American, for their voices to be silenced. http://freeandequal.org/?v=1
Hildegarde Klee November 06, 2012 at 12:28 AM
I also received a flyer directing me to an incorrect polling place over a mile away. Misleading someone away from their polling place could result in a lost opportunity for someone with a limited window of time. I don't know if this violates any election laws but it seems that it should, and I filed a complaint with the California Secretary of State's office.

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