Dan Winslow, Brown campaign counsel, spoke to reporters (VIDEO BELOW)today about the campaign’s filing of a criminal complaint against the Massachusetts Democratic Party regarding a recent mailing paid for and sent by the Massachusetts Democratic Party. The flyer alleges the following:
“1,736 Women were raped in Massachusetts in 2008. Scott Brown wants Hospitals to turn them all away.”
Mr Winslow explained the basis of the criminal complaint against the Democrats in Massachusetts over the said flyer.:
“There’s a lot of wiggle room in a campaign,of course. In the rough and tumble of campaigns and the elbows that can be thrown…that’s all fine and good, but the law also specifies the outer limits and the outer limit is falsity. Its against the law in Massachusetts to make a statement…a false statement for purposes of trying to affect an election. This is a statute that is within the corrupt practices act of Massachusetts. The purpose is, you can say whatever you like about a person’s positions and you can flavor things as you wish, but you cannot lie to the voters to try to influence an election. That’s just not allowed.” (more in the video)
Mr. Winslow is referring to the following statute in The General Laws of Massachusetts:
“Chapter 56: Section 42. False statements relating to candidates or questions submitted to voters
Section 42. No person shall make or publish, or cause to be made or published, any false statement in relation to any candidate for nomination or election to public office, which is designed or tends to aid or to injure or defeat such candidate.
No person shall publish or cause to be published in any letter, circular, advertisement, poster or in any other writing any false statement in relation to any question submitted to the voters, which statement is designed to affect the vote on said question.”
Whoever knowingly violates any provision of this section shall be punished by a fine of not more than one thousand dollars or by imprisonment for not more than six months.