Keeping track of sleazy campaign attacks in Carson can turn into a full-time job if you let it. But this one needs mentioning.
Over the weekend, somebody sent around a flier entitled "The two faces of Councilman
Mike Gipson," which accuses him of befriending a "known child molester,"
Bill Smalley. Smalley, as most people know, is active politically at Colony Cove Mobile Estates, and is also in the Megan's Law database. Gipson's mistake here was having his photo taken with the guy at a campaign event and posting it, along with hundreds of others, on his Web site.
The flier does not include a notice indicating who paid for it, which is illegal, and is occasionally prosecuted as a misdemeanor. (
UPDATE: This law applies only to mailers, which would explain why this piece was distributed by walkers and not through the mail. More below.)
So who made the flier? Well, obviously Mayor
Jim Dear is on an Ahab-like quest to get Gipson off the city council. But when I called his political consultant,
Fred Huebscher, he told me he knew nothing about it.
For what it's worth, Smalley isn't buying it. In an e-mail he sent out to several parties over the weekend, he wrote:
Currently, ladies and gentlemen, Mayor Dear is so desperate to save his
Mayors seat on the Carson City Council, and that concern has caused Mayor Dear
to steer away from just telling the people of Carson what he plans to do to make
Carson a stronger community. In it's place, Mayor Dear has opt to began a smear
campaign using the "PAST" legal history of Bill Smalley to bring down his fellow
councilman Mike Gipson who is also running for re-election.
Mayor Dear is so desperate to gain his seat back, that he will stop at
nothing to get it. Is this the kind of man who we want sitting in the Mayors
seat at our council meetings. This man is cold, heartless and insensitive. The
word "reformed individual" means nothing to Mayor Dear as obviously, he has no
conscious what so ever.
Let it be know to all who read this e-mail, that I, Bill Smalley,
irregardless of how bad Mayor Dear assassinates my character, I will continue to
support the needs of my fellow man and members of my community. I will not allow
this type of individual to prevent me from protecting those who have little or
no ability to represent themselves and/or for those who appreciate my desire to
help make our community a stronger and better place to live.
Ain't election time grand?
UPDATE: Just spoke with Councilman
Harold Williams, a Dear ally, who suggests that Gipson may have sent this thing out to smear himself and make Jim Dear look bad. In Carson, I suppose anything is possible, but it seems like a stretch.
UPDATE 2: Here's even more than you wanted to know on the legality of anonymous political attacks. The Political Reform Act of 1974 banned campaigns from sending out anonymous mail pieces. Here is Government Code Section 84305:
(a) Except as provided in subdivision (b), no candidate or committee shall send a mass mailing unless the name, street address, and city of the candidate or committee are shown on the outside of each piece of mail in the mass mailing and on at least one of the inserts included within each piece of mail of the mailing in no less than 6-point type which shall be in a color or print which contrasts with the background so as to be easily legible. A post office box may be stated in lieu of a street address if the organization's address is a matter of public record with the Secretary of State.
A "mass mailing" means 200 or more pieces per month. This provision of the Political Reform Act has been challenged from time to time as an infringement on free speech. In
McIntyre v. Ohio Elections Commission (1995), the U.S. Supreme Court struck down a similar prohibition in Ohio. But in
Griset v. FPPC (2001) the California Supreme Court upheld the state law, which is somewhat narrower than the Ohio provision was.
Most recently, Albert Robles (aka Little Al), a water board member who has considered running for Carson City Council, was put on trial last year for sending out anonymous mail in a water board race. If memory serves, he was acquitted.
UPDATE 3: Robocalls! Apparently Supervisor Mark Ridley-Thomas is putting out a robocall on behalf of Gipson, in which he tells people not to believe the smears. And Jim Dear has put out a robocall promising two dozen donuts to the first 2,000 people who come to his campaign headquarters with proof that they voted.
UPDATE 4: Forgot to mention: if somebody sees the trailer with the
Santarina for Mayor signs on it, call the Santarina campaign and/or the Sheriff's Department. Apparently it's gone missing, as have a number of Santarina signs around town. Stay classy, Carson!
