Special to WPCNR FROM THE WESTCHESTER COUNTY CAMPAIGN PRACTICES COMMITTEE.
Tarrytown, NY (June 08, 2024) –
The Westchester County Fair Campaign Practices Committee met via Zoom on June 06, 2024 to hear the complaints of District Attorney Candidate Susan Cacace against fellow candidate Adeel Mirza and the campaign committee Mirza4DA. Ms. Cacace and Mr. Mirza are candidates in the Democratic primary for Westchester County District Attorney. Jeffrey Gasbarro, Esq. attended the Hearing as Ms. Cacace’s representative. Mr. Mirza did not have a representative at the Hearing although he submitted a written response to the complaints.
(Editor’s note: the mailers cited in the Unfair Campaign Practices finding. (WPCNR photo)
COMPLAINT #1: Ms. Cacace complained that a mailer sent by Mr. Mirza and Mirza4DA was
misleading since the text and image of a section of a ballot made it appear as though Ms. Cacace
ran only on the Republican and Conservative lines in the race for County Court Judge in 2015,
whereas Ms. Cacace actually ran on five party lines, including the Democratic line.
FINDING: UNFAIR CAMPAIGN PRACTICE
The image of a computer-generated ballot that only showed the Republican and Conservative
party lines was misleading to the public since it omitted the other three party lines, including the
Democratic line. The mailer created the false impression that Ms. Cacace, a lifelong Democrat,
did not run as a Democrat in 2015. In fact, Ms. Cacace did run as a Democrat in 2015. In
addition, the ballot image, with a reference to “Westchester, NY Election Ballot, 11/4/15” was
not a picture of an actual ballot, which is a flagrant violation of the Committee’s core standards.
The mailer violates the following FCPC Principle:
“The candidate will not use or condone any campaign material or advertisement that misstates,
misrepresents or distorts material fact or any communication that misleads the public,”
and FCPC Guidance #8:
“A candidate should not make charges or assertions that are partially true and therefore
misleading, nor should he/she use statements that are misleading or taken out of context,”
and FCPC Guidance#11:
“A candidate should not use campaign advertisements or materials that depict fictional or
hypothetical events, for example, a commercial that begins, “Imagine….” A commercial that
2 depicts a scene that never took place undermines the very distinction between true and false
campaign advertising and opens the door to false, misleading, and fictional claims.”
COMPLAINT #2:
Ms. Cacace complained that a second mailer sent by Mr. Mirza and
Mirza4DA was misleading since the text states that Ms. Cacace’s “campaign is being bankrolled
by Republican donors, including gun rights lawyers from the “2nd Amendment Law Firm” who
want an “NRA A-rated” District Attorney;” the mailer includes an unsigned fictionalized letter
with “Second Amendment Law Firm” as its letterhead and the sentence “In our effort to find an
NRA-A rated District Attorney, we recommend Susan Cacace.”
The mailer references an April15, 2024 Politico article discussing a fundraiser held
for Ms. Cacace by a registered Republican
The mailer’s text and fictionalized letter imply that Ms. Cacace’s views on guns are consistent
with Republican donors, whereas the Politico article specifically implies that the registered
Republican who held the fundraiser supports Ms. Cacace despite their differing views on guns.
FINDING: UNFAIR CAMPAIGN PRACTICE
The text and image of a fictional letter in the mailer create the false impression that Ms. Cacace’s
views on guns are consistent with Republican donors, gun rights lawyers, and the NRA. In
addition, the depiction of an unsigned fictional letter is especially egregious since it is false
campaign advertising.
The mailer violates the following FCPC Principle:
“The candidate will not use or condone any campaign material or advertisement that misstates,
misrepresents or distorts material fact or any communication that misleads the public,”
and FCPC Guidance #10:
“A candidate is urged to exercise great care when characterizing his/her opponent’s positions. In
the absence of a specifically publicly stated position on an issue, a candidate should avoid
attributing a position on this issue to her/his opponent,”
and FCPC Guidance#11:
“A candidate should not use campaign advertisements or materials that depict fictional or
hypothetical events, for example, a commercial that begins, “Imagine….” A commercial that
depicts a scene that never took place undermines the very distinction between true and false
campaign advertising and opens the door to false, misleading, and fictional claims.”
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