LUNSFORD: Penalty Flag: Fake Political Texts Raise Legal Questions in Senate 23

My phone has not stopped ringing, and my text message inbox is brimming. Fielding questions about political shenanigans surrounding fake political text messages have cost me time and resources that I will never get back. So, to say I’m offended by all this might be an understatement. Reluctant as I have been to engage in this particular race, honor now dictates that I share what I know.

By the way, you, too, should be offended when someone intentionally tries to manipulate an election’s outcome using deception and lies. Let’s have a fair fight, and may the best candidate win. That has always been a core tenant most people have supported. If you know our organization’s history, then you know that calling out the intentional deception of voters is one of the things I’m known for.

So, what’s this all about?

A Fake Political Text Message

Another fake text messageLast night, a deceptive, fake political text message arrived across the cell phones of Republican voters in Louisiana Senate District 23. These messages falsely claimed that The Lady Democrats of Acadiana had endorsed Senate candidate Brach Myers. Why a Democrat-aligned group would share their endorsement with Republican voters is anyone’s guess. However, everyone I’ve talked with has been outraged. What’s worse is the message misrepresented a group that disbanded in 2022.

The fake political text message read:

Hello! The Lady Democrats of Acadiana are proud to fully endorse and support Brach Myers for State Senate District 23! Brach has stood with us in our quest for progress, helping Democrats secure victory against Republican opposition Elbert Guillory. With a strong commitment to the City of Lafayette, Brach has been a steadfast supporter of Cleo Fields and the values we hold dear.  Now, more than ever, we need strong progressive leadership in Baton Rouge – leaders who champion our values of Diversity, Equity, and Inclusion. That leader is Brach Myers!  Join us in supporting Brach in the special election! Together, we can make Louisiana a place where every voice matters, and every community thrives.

This message was brought to you by The Lady Democrats of Acadiana

When my phone started ringing, I immediately contacted the group’s founder, Leslie Bourque. She was adamant that they had no involvement“It was not us. We never sent text messages, and we wouldn’t. We only operated on Facebook, and our group shut down completely when I moved to New Jersey.”

Rachel Ryder Foreman, another former member, confirmed in a Facebook comment that not only was the group defunct, but their name and images had been fraudulently used“Someone has stolen our old group name and pictures to push a false endorsement. They even set up a fake Facebook account. This was clearly done to harm Myers in a heavily Republican district.”

I contacted both Senate candidates (Brach Myers and Jesse Regan), who seemed equally disgusted by this unsavory tactic. Neither had any idea who was behind the fake political text messages.

Earlier Fake Political Text Messages

An eerily similar anti-Myers text message was sent in November of 2024. Certainly, his involvement in a “non-partisan” bingo event (put on by a Democrat) probably wasn’t something a more polished Republican politician would have done. However, donating a toaster or slow cooker as a prize to a bingo certainly doesn’t seem to be a controversial act.

Nevertheless, a fake text message insinuated that Myers supported Kamala Harris for President and Cleo Fields for US Congress. The message read:

Hi, this is Cleo Fields. Love Bingo? Love Democracy? Join me, Rep. Brach Meyers, and friends tomorrow, Monday, for a special Voter Appreciation BINGO! Win prizes while celebrating your right to vote! Drop by anytime between 11 AM-2 PM at the Downtown Convention Center (124 S. Buchanan St). Free entry! Bring your friends! Let’s make voting fun!

Paid for by Acadiana Progressive Community Outreach

That message was sent to conservative Republican voters in the Acadiana area by another non-existent organization, “Acadiana Progressive Community Outreach.” What was so blatant about this message was the source and the imaging. Fellow legislator Tehmi Chassion was putting on the event. However, Chassion’s name and likeness appeared nowhere on the invitation to the bingo! Instead, many faces who appeared on the flier did not participate in the event. I know because my investigation led to me attending that event myself.

More Fake Political Text Messages

Another text message unrelated to Myers was circulated during the Youngsville Chief of Police campaign. The message read:

“Hello! Cody Louviere, candidate for Youngsville Chief of Police was registered no party and then switched to Republican in 2023 – according to records as seen in the image.”

That message was sent on October 19, 2024. The images were of the voter registration and change records for Youngsville Interim Chief of Police Cody Louviere. The message also stated, “Paid for by Louisiana Republican Citizens Group.” Again, no such group is registered in the state of Louisiana. So, who was the group, and how did they get the records?

Louisiana Revised Statute 18:154 provides the guidelines by which copies of records held in the possession of the Parish Registrar of Voters may be obtained. Unlike most agencies that are subject to Louisiana public records law, you can’t just obtain copies of records from the Registrar of Voters. According to the law [LARS 18:154(B)(1)(a)]:

“If twenty-five or more qualified voters of a parish make a request in writing, the registrar shall permit the copying of any part of his records, except the early voting confirmation sheets.”

So, arguably, whoever sent the text message that included Cody Louviere’s voter registration records obtained it by petition of twenty-five registered voters of Lafayette Parish. Otherwise, it was illegally obtained or improperly released by/from the Registrar’s Office.

Who Did It?

As it turns out, two separate petitions, with twenty-five signatures each, were presented to the Lafayette Registrar of Voters. They sought records for two of the three Youngsville Chief of Police candidates, Matt Thomassee and Cody Louviere. The same twenty-five persons signed both petitions, so we don’t have to speculate about who sought the records. Signatures included the third candidate, J.P. Broussard, along with Melissa Broussard (spouse of J.P. Broussard), Karrie Pope (spouse of former Lafayette City Marshal Brian Pope), and other family members and known supporters of J.P Broussard in his race for Youngsville Chief of Police.

However, several individuals who signed the petition aren’t qualified voters in the Parish of Lafayette. Thus, the Register of Voters acted improperly in releasing information, which likely impacted the election’s outcome. Stay tuned for another article on the registrar’s other improprieties. Until then, I’ll leave you to reflect and arrive at your own conclusions on the similarities between these three fake text messages.

Potential Legal Violations of State Law

The unauthorized use of a defunct or non-existent organization’s identity to mislead voters may violate Louisiana election law. Under RS 18:1463, it is illegal to knowingly distribute false information about a candidate or falsely claim an endorsement. Specifically, the law states:

“No person shall cause to be distributed, or transmitted, any oral, visual, digital, or written material containing any statement which he knows or should be reasonably expected to know makes a false statement about a candidate for election in a primary or general election or about a proposition to be submitted to the voters.”

Additionally, the law prohibits misrepresenting oneself or any committee or organization as acting on behalf of a candidate, political committee, or political party:

“No person shall misrepresent himself or any committee or organization under his control as speaking, writing, or otherwise acting for or on behalf of any candidate, political committee, or political party, or any employee or agent thereof.”

Violations of these provisions can lead to legal consequences, including injunctions to restrain future violations.

Potential Violations of Federal Law

Additionally, numerous federal laws prohibit deceptive text messages in general and deceptive election practices designed to manipulate voters.

The Federal Communications Commission (FCC) enforces the Telephone Consumer Protection Act (TCPA), which regulates unsolicited communications, including text messages. While political messages are generally exempt from certain restrictions, the TCPA prohibits using false or misleading caller identification information with the intent to defraud, cause harm, or wrongfully obtain anything of value (such as an elected office)

Likewise, the Department of Justice (DOJ) addresses election-related offenses, including disseminating false information intended to mislead voters. Intentionally deceiving qualified voters to prevent them from voting is considered voter suppression and is a federal crime.

What Now?

So, while the source of those fake political text messages remains unknown, using these unsavory tactics before and during an election raises serious ethical and legal questions. Hopefully, the authorities will investigate whether those behind these messages should face legal consequences.

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