An incumbent state representative is suing a shadowy political organization over a mailer it sent to voters in her district ahead of Kentucky’s primary election.
State Rep. Kimberly Moser filed a lawsuit May 4 in Kenton County Circuit Court against the Kentucky Liberty Alliance, accusing the organization of producing a defamatory mailer depicting her as a masked thief and making false statements about her tax payment history.
Moser, a Taylor Mill Republican facing a primary challenger in her re-election bid for a Kenton County district, argues that she’s suffered humiliation and damage to her standing in the community, as well as expenses from investigating and responding to the mailer.
Todd McMurtry, Moser’s attorney, wrote in the lawsuit that the organization’s actions were “extreme and outrageous,” arguing that the mailer’s publication was timed to inflict maximum political and reputational damage during an election cycle.
Mailer depicts state representative as a masked thief
A photograph of one of the mailers, filed as part of the suit, shows a digitally manipulated image of Moser wearing a black mask and holding a cartoonish sack of money. It states that Moser has accrued nearly $1,000 in penalties for delinquent property tax payments.
The organization also sent out a text message image, with an altered photo of Moser smirking. “Kim Moser can’t pay her taxes,” the message states. “But she wants to raise yours.”
The mailer began circulating as early as February and a copy was delivered to Moser’s home, according to the lawsuit.
Moser says that the mailer’s claims about delinquent property tax penalties are entirely false, arguing in court that she’s never been assessed a penalty for late payments or had a property tax bill placed in delinquent status.
Property records show that Moser paid on her home’s tax bills on time and she was granted early-payment discounts in all but one year since 2005.
She was late on tax bills for 2005, 2014 and 2015 on a property adjacent to her house, paying more than the face value of those bills, the records show, indicating possible delay-related charges totaling less than $200. Those bills were all paid within two months of the Dec. 31 due date and before the state’s legal delinquency deadline.
Court records did not list information about an attorney representing the Kentucky Liberty Alliance. Its online presence is limited to a Facebook page with no information about the issues or candidates it supports. The organization did not respond to a Facebook message from The Enquirer asking about Moser’s allegations.
State agency looking into Kentucky Liberty Alliance
On its mailer, the Kentucky Liberty Alliance lists its address in McLean, Virginia, sharing a location with a strip mall.
The organization isn’t registered with the Kentucky Registry of Election Finance, according to John Steffen, executive director of the state agency responsible for campaign finance transparency. Steffen said his office is looking into the Kentucky Liberty Alliance’s existence, but has so far been unable to reach the group.
While some organizations make good-faith arguments as to why they shouldn’t be required to register, Steffen said, independent expenditures supporting or opposing a candidate must be reported within 48 hours. The group hasn’t made those filings.
Court filings show that Moser obtained a restraining order against the group, requiring it to cease distribution of the mailer in paper, online, or otherwise.
Moser is seeking to have the mailer recalled from circulation and a full, published retraction from the Kentucky Liberty Alliance. She’s also pursuing compensatory and punitive damages.
Moser is running against U.S. Army veteran Scott Berger in the May 19 primary election. In 2024, she prevailed in the Republican primary with just 84 votes over her opponent.
This article originally appeared on Cincinnati Enquirer: GOP incumbent sues over ‘extreme and outrageous’ mailer
Reporting by Quinlan Bentley, Cincinnati Enquirer / Cincinnati Enquirer
USA TODAY Network via Reuters Connect
