POLITICS

7 things to know about the coordinated effort to distribute deceptive election materials in Memphis

Powerful political actors pumped thousands of dollars into distributing a bogus list of Democratic candidates in the runup to this month's Memphis municipal election.

Disputes over campaign literature are not uncommon. But the ongoing fallout from a recent campaign lawsuit is unusual — it includes the possibility of an election challenge by City Council candidate Erika Sugarmon, who narrowly lost to Chase Carlisle, one of the candidates featured on the ballot.

And Democrats may pursue criminal contempt cases against people who violated a judge's order, a step that could lead to jail time.

Here are seven takeaways from The Commercial Appeal's investigation into the citywide misinformation campaign targeting voters, and an update on what might happen next. 

The front of a "Greater Memphis Democratic Club" ballot. The Shelby County Democratic Party has sued two entities distributing the ballots, arguing they're misleading to voters.

1. Criminal contempt charges may be filed over what happened on Oct. 3. 

The background: On Sept. 26, the Shelby County Democratic Party filed suit to stop distribution of sample "Democratic" ballots produced by independent companies. They argued that those candidate lists deceived the public by masquerading as genuine Democratic party endorsements. 

The Democratic party didn't endorse any candidates in the nonpartisan city election.

At 11:44 a.m. on election day, Judge William Acree issued a temporary restraining order blocking distribution of two sets of sample ballots: one set issued by Greg Grant and his company, the Greater Memphis Democratic Club, and one issued by M. LaTroy Williams and his organization, the Shelby County Democratic Club.

But for hours after the judge's order, people continued to distribute the Greg Grant ballots, according to multiple witnesses and reporting by The Commercial Appeal.

Bruce Kramer, an attorney for the Democratic Party, has said his side will probably pursue criminal contempt charges, which under state law are punishable by fines and jail time. Any allegation of criminal contempt would have to be proven in court.

An attorney for Greg Grant said he believes his client complied with the law.

Local activist Hunter Demster said someone handed him the Williams ballot after the injunction came out.

Williams, who sometimes hyphenates his last name as Alexandria-Williams, said his organization obeyed the judge as well. "Of course. I'm going to always follow an order."  He also said he thought the judge's order restricted his free speech rights and that he's considering legal action of his own.

2. Numerous candidates paid money to makers of a bogus Democratic ballot — including the reelection campaign of Mayor Jim Strickland.

A campaign finance document showed Strickland's campaign paid $18,500 to Target Marketing Inc, a company controlled by Grant, maker of the Greater Memphis Democratic Club ballot.

Strickland is the highest-profile candidate to acknowledge paying money to support distribution of the ballot.

Among the other candidates who gave financial support to the companies associated with Grant include City Council candidates Sherman Greer, JB Smiley Jr., Cheyenne Johnson and Patrice Robinson, according to campaign finance disclosures.

Strickland and several other candidates said they felt compelled to participate in the ballot because, if they didn't, they thought their opponents would.

Strickland easily won a second term as mayor. Smiley defeated incumbent Gerrie Currie to win his race. Johnson and Robinson won reelection to the City Council.

Greer's election goes to a runoff Nov. 14 against Rhonda Logan.

3. Four candidates appeared on both a genuine Republican ballot and a bogus Democratic ballot. Their management company, Caissa Public Strategy, distributed both ballots, according to temp workers.

Caissa managed campaigns for several candidates, including four candidates who appeared on both a genuine Republican ballot and the bogus Greater Memphis Democratic Club ballot.

Two of those candidates, City Council incumbents J. Ford Canale and Worth Morgan, said Caissa placed them on Greg Grant's Greater Memphis Democratic Club ballot. 

Two candidates seeking to win City Council seats for the first time, Chase Carlisle and Cody Fletcher, also appeared on the bogus ballot.

Carlisle did not deny that Caissa secured his spot on the Grant ballot, but didn't confirm it either.

Fletcher didn't reply to multiple requests for comment.

4. Temp workers say Caissa Public Strategy trained them to misrepresent themselves to the public.

Workers paid by Caissa described being trained to tell people they were distributing the "official" ballots endorsed by the parties and that they were volunteers. Caissa's CEO Brian Stephens didn't comment on the training, saying he wasn't part of it.

“But I’m happy to admit and you can quote me on it all day long that we absolutely had paid people out handing out ballots."

5. Two college students produced text messages in which a Caissa Public Strategy staffer encouraged them to keep distributing the ballots after the judge's restraining order was issued.

The judge's order halting distribution of the ballots came out at 11:44 a.m. on Election Day.

One temp worker showed a reporter text messages in which a Caissa staffer encouraged him to go back to work shortly after 2:30 p.m. Another temp worker got a similar message at 4:40 p.m. urging him to keep working.

In an interview, Stephens said the company was never required to stop distributing the ballots because it never received formal notice. Caissa has not been named in legal action related to the ballots.

6. The Shelby County Election Commission has certified results — but Erika Sugarmon says she's not ready to concede.

One of the closest contests in the Oct. 3 Memphis city election was the Super District 9, Position 1 City Council race between public school teacher Erika Sugarmon and Chase Carlisle, a real estate developer whose campaign was run by Caissa Public Strategy.

Carlisle won by just 531 votes out of more than 46,000 cast, according to unofficial results. 

The Election Commission voted Monday evening to certify that and other results of the election, but Sugarmon said she's not ready to give up just yet.

She mentioned the ballots during a public comment period and asked what the commission would do in the future about what she called "this hijacking of our elections, if you will, by people who are paid very well." 

In response to Sugarmon, Election Commission attorney John Ryder said the Commission's authority stopped at the 100-foot boundary outside the polling place. 

If Sugarmon wants to file a formal legal challenge to the election result, state law requires her to do so by Friday. 

7. Whether or not anyone files an election challenge, the case of the bogus ballots is continuing in court.

The Shelby County Democratic Party, the Shelby County Young Democrats and the campaign of City Council candidate John Marek, who lost to Worth Morgan, are seeking financial damages against makers and distributors of the bogus ballots.

The matter is scheduled to go back before Judge Acree in a hearing conducted by conference call on Nov. 13.

To reach reporter Daniel Connolly, call 529-5296, daniel.connolly@commercialappeal.com, or on Twitter at @danielconnolly.

To reach Sam Hardiman, call 901-293-8964 or email samuel.hardiman@commercialappeal.com

To reach Sarah Macaraeg, call 901-426-4357 or email sarah.macaraeg@commercialappeal.com.