• Skip to primary navigation
  • Skip to main content
  • Skip to primary sidebar
  • Skip to footer

The Valley Citizen

Nature, Environment, History & Politics

The Valley Citizen

  • Arts
  • Education
  • Environment
  • History
  • Nature
  • Politics
  • Wit
  • About
  • RSS Icon

Registrar’s Office Gags Harder (and everyone else)

March 15, 2018 By Eric Caine 7 Comments

Josh Harder

Political speech, “should be uninhibited, robust, and wide-open.” Justice William Brennan

Last Friday, a clerk in the Stanislaus County Registrar’s Office rejected Josh Harder’s official campaign statement on the grounds it used President Donald Trump’s name. The clerk claimed Harder would need written permission from Trump himself if he were to use the president’s name.

Harder and some of his staff members were stunned. While it makes sense to obtain permission from private citizens if using their names in campaign material, making campaign statements without reference to state or national personages and their policies would drain much of the vitality out of elections themselves, and our current election codes seem to recognize that reality.

In protesting the Registrar’s decision, Harder cited Elections Code 13307 and 13307.5, writing that, “While it prohibits a candidate from referring to their opponent, courts have recognized that a candidates ‘qualifications’ can include ‘[o]pposition to various general institutional figures and interests.’”

It would be pretty hard to make the case that President Trump is not a, “general institutional figure.” In fact, Harder and his staff were able to find, in short order, two references to Trump in current campaign statements, one of which was written by David Min, a Professor of Law at UC Irvine. Min is running for congress in California Congressional District 45.

Min’s campaign statement included the words, “I’ll stand against President Trump’s reckless policies.” A graduate of Harvard Law School, it’s unlikely that Professor Min would leave himself open to charges he violated campaign law.

In fact, it’s almost certain that Stanislaus County would lose in court if challenged on its interpretation of the election code. Harder, like most any candidate, chose not to spend time and energy on a legal protest, but the Registrar’s Office is clearly vulnerable here.

In the famous Supreme Court case, Sullivan vs the New York Times, Justice William Brennan wrote, political speech “should be uninhibited, robust, and wide-open.” Under Stanislaus County’s interpretation of Elections Code, political speech in campaign statements is repressed, feeble, and hermetically sealed.

Moreover, as it’s now interpreted, Stanislaus County’s campaign statement policy isn’t just illegal, it favors incumbents. As late as February 27, the campaign for California’s Congressional District 10 was widely viewed as a toss-up. Prohibiting campaign statements that mention Donald Trump, an unpopular Republican President, favors incumbent Republicans. If the situation were reversed, an incumbent Democrat would be favored.

Incumbents already command huge advantages in most any election. They shouldn’t be assisted by a misreading of election codes, and candidates shouldn’t be forced to abide by clearly illegal restrictions on their campaign statements.

Though late in the game, the Stanislaus County Registrar’s Office should review and change its policy on campaign statements so that it follows Elections Code guidelines. As the policy stands now, it’s vulnerable to a potentially embarrassing lawsuit, and an even more serious charge of favoritism for the status quo.

 

Filed Under: Featured, Politics Tagged With: CA-10 congressional race, Congressman Jeff Denham, Josh Harder for congress

Reader Interactions

Comments

  1. Mike Barkley says

    March 15, 2018 at 4:56 pm

    So will he have a candidate statement or not? –mike

    Reply
    • Eric Caine says

      March 15, 2018 at 6:08 pm

      Harder revised and submitted the candidate statement.

      Reply
      • Cynthia Byrd says

        March 15, 2018 at 7:09 pm

        Excellent! Thanks for the heads up on the Registrar’s office practices. We need people looking out for the best interest of WE THE PEOPLE!!

        Reply
  2. J. N. Sbranti says

    March 17, 2018 at 9:05 pm

    Democrats need to focus on telling voters exactly what they stand for rather than fixating on who they oppose.

    Reply
    • Eric Caine says

      March 17, 2018 at 9:19 pm

      Democrats’ opposition to Donald Trump contain plenty of information about what they stand for, beginning with honesty in government, defending the nation against hostile foreign powers, and setting high moral standards. Harder used Trump’s name in connection with attempts to repeal Obamacare.

      Reply
      • Eric Caine says

        March 17, 2018 at 11:24 pm

        Whew! You kind of lost me there Sam. Not sure who you are talking about at the “head of this page.”

        Reply
  3. Odus Hall says

    March 18, 2018 at 4:00 pm

    I do Think it is important for candidates to firmly state their positions on the reckless direction of the Trump Administration and the current state of corruption that we are living thru. However it should not be the center piece of the Democratic Campaign in California 10.
    This district in its Political demographics among registered voters is much different than adjoining districts in Stockton and the East Bay and as such a campaign centered on resistance is not enough.
    Given the recent history of how voters have chosen candidates in California 10. The Democratic candidate needs to concentrate on traditional Democratic economic issues, Jobs, Health Care and particularly the lack of central planning on Transportation and Water. That’s the outreach that can bring the necessary 5 percent of California 10’s voters who have abandoned the Democrats over the last 10-15 years.

    Don’t forget the resestance! But success will come from bring back the center and maximizing the left!!

    Reply

Leave a Reply to Eric Caine Cancel reply

Your email address will not be published. Required fields are marked *

Note: Some comments may be held for moderation.

Primary Sidebar

Off The Wire

Inside the War Between Trump and His Generals
Inside the War Between Trump and His Generals
www.newyorker.com
Water wars in a drying California: New money vs. old power in San Joaquin Valley
Water wars in a drying California: New money vs. old power in San Joaquin Valley
www.mercurynews.com
History of DDT ocean dumping off L.A. coast even worse than expected, EPA finds
History of DDT ocean dumping off L.A. coast even worse than expected, EPA finds
Barrels of DDT waste, along with other chemicals, were likely poured directly into the ocean near Catalina Island, according to federal regulators.
www.latimes.com
The Tiny Bird Ruining East Coast Beach Vacations
The Tiny Bird Ruining East Coast Beach Vacations
Meet the piping plover, an adorable little bird whose tenuous existence shuts down roads and beaches right in the peak of summer.
www.thedailybeast.com
Will the last person to leave Phoenix please turn off the sun?
Will the last person to leave Phoenix please turn off the sun?
Asking when Phoenix will become uninhabitable means asking who has the resources to survive — and eventually, the rich might be the only ones left
www.salon.com
California drought official quits, blasting Newsom for 'gut wrenching' inaction
California drought official quits, blasting Newsom for ‘gut wrenching’ inaction
A state water board official has resigned, claiming the Newsom administration has “nearly eviscerated” the board’s ability to confront drought.
www.latimes.com
Seventy Never Looked So Good: The Long, Wondrous Life of Wisdom the Albatross
Seventy Never Looked So Good: The Long, Wondrous Life of Wisdom the Albatross
The Laysan Albatross is the oldest known wild bird on the planet, an international icon, and still hatching eggs. This year she had her 39th chick.
www.audubon.org
It?s Going to Take Several Miracles to Stop the Republican Party From Turning America Into Hungary
It’s Going to Take Several Miracles to Stop the Republican Party From Turning America Into Hungary
It’s probably already too late to save American democracy. Here is the series of improbable events doing so would require.
newrepublic.com

Myanmar: Military executes four democracy activists including ex-MP

Myanmar: Military executes four democracy activists including ex-MP
The executions mark the first cases of capital punishment in the country in decades.
www.bbc.com
GOPer Who Voted Against Marriage Equality Goes To Son's Gay Wedding Days Later
GOPer Who Voted Against Marriage Equality Goes To Son’s Gay Wedding Days Later
A lot of things happened. Here are some of the things. This…
talkingpointsmemo.com
Trump’s silence on Jan. 6 is damning
Trump’s silence on Jan. 6 is damning
It’s up to the Justice Department to decide if this is a crime. But as a matter of principle, as a matter of character, Trump has proven himself unworthy to be this country’s chief executive …
nypost.com
Homeless people wait as Los Angeles lets thousands of federal housing vouchers go unused
Homeless people wait as Los Angeles lets thousands of federal housing vouchers go unused
Many of the 3,000 people and families in L.A. who have received the emergency vouchers remain in limbo.
www.latimes.com
Rio Grande runs dry in Albuquerque for the first time in 40 years
Rio Grande runs dry in Albuquerque for the first time in 40 years
The drying of the Rio Grande comes as the summer’s hotter and drier weather has fueled drought and fire throughout the West.
www.washingtonpost.com

Find us on Facebook

The Valley Citizen
PO Box 156
Downtown Bear Postal
1509 K Street
Modesto, CA 95354

Email us at:
thevalleycitizen@sbcglobal.net

Footer

The Valley Citizen
PO Box 156
Downtown Bear Postal
1509 K Street
Modesto, CA 95354

Email us at:
thevalleycitizen@sbcglobal.net

Subscribe for Free

* indicates required

Search

• Privacy Policy

Copyright © 2022 The Valley Citizen

Dedicated to the memory of John Michael Flint. Contact us at thevalleycitizen@sbcglobal.net

Editor and publisher: Eric Caine

Website customization and maintenance by Susan Henley Design