‘Unethical If Not Illegal’ : Democrats Fuming Over Deceptive Election Mailer

Local Democratic leaders reacted with outrage to a deceptive slate mailer that began arriving in San Diego Democratic households Wednesday purporting to represent “Your San Diego Democratic Team.”

The mailer, which describes itself as a “San Diego County Ballot Recommendations and Polling Guide” that was “Prepared and Distributed for the Educated Independent Voter,” says the Democratic team supports the candidacy of Republicans such as U. S. Sen. Pete Wilson and Rob Butterfield Jr., who is running for office in the 44th Congressional District.

It goes beyond that to discredit Democratic Rep. Jim Bates, who is opposed by Butterfield.

In fact, the only other Democrat mentioned in the mailer is Assemblyman Pete Chacon. And Chacon, among others, was angry at the deception.

“This is clearly unethical if not illegal,” Chacon said. “It’s a misleading piece of campaign literature that misrepresents my position on a number of things. It says I support Pete Wilson. I don’t. I support Leo McCarthy. It says I support Rob Butterfield. I support Jim Bates.”

The mailer was put together, at the request of a local builders group, by a Long Beach professional direct-mail consultant. The builders Wednesday vehemently disavowed its contents, saying they were misled by the consultant. But the brunt of criticism came from Democrats.

Chacon and other Democrats said part of the mailer that deals with state ballot propositions is equally deceptive, noting, for example, that it calls for a “No” vote on Proposition 97, which would restore cuts made in the California Occupational Safety and Health Administration, and a “Yes” vote on Proposition 102, an AIDS-related measure that its critics say is Draconian.

In fact, said Chacon and Irma R. Munoz, chairwoman of the San Diego County Democratic Central Committee, the Democratic Party supports restoration of Cal-OHSA and opposes Proposition 102.

“This has nothing to do with the Democratic Party,” Munoz said. “We have nothing in common with Pete Wilson, and we obviously are not supporting Rob Butterfield. This whole thing is outrageous.”

Chacon said the mailer is a perfect example of the onslaught of false and misleading mailers that are expected to flood mailboxes of voters between now and Election Day. He said it is also a reason for the Legislature to approve laws prohibiting anyone from using a candidate’s name on a slate mailer without that candidate’s approval. “We need to do this,” Chacon said.

Growth-Control Measures

Half the mailer is devoted to the four growth-control measures that are on the San Diego and county ballot, specifically Propositions B, D, H and J. It urges Democrats to vote against all four.

The builders group leading the political campaign against the measures, San Diegans for Regional Traffic Solutions, helped pay for the mailer, but a spokesman said his group had no idea the mailer would contain anything about state propositions or partisan political campaigns.

“Frankly, I’m livid,” said David Fogarty, the spokesman. “We’re appealing to both Democrats and Republicans.”

According to Fogarty, the slate mailer was put together by Tim Carey, a Long Beach-based political consultant who specializes in slate mailers. The one at issue does not contain his name, but rather says it was put together by a group called San Diego 1st. Carey was unavailable for comment.

“I talked to him about it. . . . He said he was sorry,” Fogarty said. “He is the one who is responsible, he’s the one who organized it . . . (and) he’s the one who put the other candidates on it.”

Chacon said that, as far as the growth measures are concerned, he also opposes Propositions D and J but that there is no way of accurately knowing that from the way the mailer is put together.

Another candidate endorsed in the mailer is Shirley Weber, who is running for a seat on the San Diego Unified School District Board of Trustees.

She said in an interview Wednesday that she paid $500 to be part of the mailer, but that she was led to believe the content would be much different.

“Clearly, this was designed to do something else. It was designed to be a hit piece,” she said. “Obviously, something underhanded was done.”

Weber said her candidacy had been endorsed by the building industry and that they asked her to be part of their “Democratic Team” mailer that would reach 140,000 Democratic households. The mailer, she explained, was supposed to focus on opposition to Propositions D and J.

In addition, the contents would include support for Democratic candidates, “starting with (Michael) Dukakis” and ending with nonpartisan races, such as the school district election, Weber explained. It was clear, she said, that issues such as state ballot propositions were off-limits, as were partisan attacks on candidates, such as that on Bates.

She was also told that Carey would be preparing a similar mailer for the “San Diego Republican Team.”

Disclaimer at Bottom

The only disclaimer in the two-page mailer is a notice near the bottom that is surrounded by a box. It reads: “Notice to Voters. This document was prepared by San Diego 1st, not an official political party organization. Appearance in this mailer does not necessarily imply endorsement of others in this mailer. Appearance is paid for and authorized by each candidate and ballot measure which is designated by an (asterisk).”

The mailers began arriving Wednesday in Democratic households in at least San Diego and La Mesa, causing irate and concerned Democrats by the dozens to call the Democratic Central Committee, which explained that Democrats had nothing to do with the mailer.

Rita Collier, a La Mesa resident, was among the Democrats who received one. “My feeling about it is that it represents these people as being Democrats, and those who are not too astute might be misled,” she said. “I think, more important, it badly represents Democratic positions.”