Updated Analysis: Grimes Campaign Suing over McConnell “Election Violations” Mailer

So reports The Daily Beast. UPDATE: TPM has the complaint. It alleges a violation of KRS 119.155, which makes it a crime to, among other things “intimidate[] or attempts to intimidate any voter so as to prevent him from casting his ballot.” That’s what the Grimes campaign alleges the flyer does.

I don’t buy it. Some people might be confused by the flyer and maybe even think they are accused of some kind of elections code violation. But anyone who reads it will see it is clearly a nasty attack ad aimed at Grimes.

Voters are not stupid nor so easily intimidated.

Let me be clearer about the Grimes suit. I see it as a publicity device to accuse McConnell of being a vote suppressor.

The real evil of the ad is that it is misleading. But it is hard enough to regulate false campaign speech—there are very serious First Amendment problems trying to regulate misleading campaign speech. See my A Constitutional Right to Lie in Campaigns and Elections?

Yes we are knee deep in the silly season.

[This post has been updated.]

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