* Under this canon, a judge may publicly endorse or oppose a candidate for judicial office. 44), Sec. Example:A police chief may, in his official capacity and during his public work hours, support, and seek to convince the town meeting or the city council to support, the construction of a new public safety building. Acts 1985, 69th Leg., ch. In addition, the Commissions outside activity regulations prohibit certain outside political activities. These restrictions generally apply to "special" public employees only as to matters in which the employee participated, or for which the employee had official responsibility, or which is pending in the special public employee's agency. Use this button to show and access all levels. By clearly stating your values and preferred policies, and what you're looking for in an elected official, you can help shape the prominent issues in a race and push candidates to reflect your values. 711 (H.B. The prohibition of Section 23(b)(2)(ii) of the conflict of interest law against the use of official position to obtain or confer unwarranted privileges of substantial value applies to non-election-related political activity as well as to election-related activity. 1, eff. Sec. (a) No employee in the career or senior executive service shall directly or indirectly use or seek to use his or her posi-tion to control or affect the political action of another person or engage in political activity during working hours. Elected officials may endorse candidates running for office, the Evanston Board of Ethics decided at a Tuesday meeting. Esters complaint also addressed Holmes use of a city email account to announce her endorsement of Simmons in February. 95, eff. The authority with whom an application for a place on the ballot is required to be filed shall preserve each application filed with the authority for two years after the date of the election for which the application is made. (c) If an application is accompanied by a petition, the petition is considered part of the application, and the review shall be completed as soon as practicable after the date the application is received by the authority. Elected public employees have greater latitude under the conflict of interest law to engage in certain election-related political activities than do appointed public employees, even those holding policy-making positions. Can Elected Officials Endorse Candidates. Some have observed that "once a candidate, always a candidate;" however, technically an individual who is an incumbent, and has not announced she or he is running for office, is not a "candidate." Organizations with substantial political or lobbying objectives may be recognized as tax-exempt under Code Section 501(c)(4). Yes, elected officials are allowed to endorse candidates. (a) To be valid, a petition must: (1) be timely filed with the appropriate authority; (2) contain valid signatures in the number required by this code; and. wear a public employee uniform while performing campaign tasks or urging support for a particular candidate or measure. 864, Sec. If the event isn't explicitly tied to a political party and doesn't expressly endorse specific candidates for office . (a) A person commits an offense if by intimidation or by means of coercion the person influences or attempts to influence a person to: (1) not file an application for a place on the ballot or a declaration of write-in candidacy; or. 3107), Sec. A potential employee cannot be asked about their political party affiliation, regardless of whether that applicant made any political contributions or how that applicant voted. The corporation or labor organization may communicate with candidates for the purpose of deciding which, if any, candidate to endorse. (a) A filing fee paid in connection with a candidate's application for a place on the ballot shall be refunded to the candidate or to the candidate's estate, as appropriate, if before the date of the election for which the application is made: (2) the candidate is declared ineligible; or. CHAPTER 141. (A) Except as permitted by law,* or by Rules 4.2, 4.3, and 4.4, a judge or a judicial candidate* shall not: (1) act as a leader in, or hold an office in, a political organization;* (2) make speeches on behalf of a political organization; (3) publicly endorse or oppose a candidate for any public office; Example:A question concerning school aid will be on the statewide ballot at the next election. Support specific candidates or parties in races for elected office, including: o Support or oppose a declared candidate or third party movements; o Conduct efforts to "draft" someone to run; o Conduct exploratory advance work. 728, Sec. In reporting its position, the School Committee should only provide factual information and not engage in advocacy. so long as they are not acting in their official capacity when making the endorsement or authorizing the use of their title. It is not common for a sitting council member to endorse a candidate in other council elections. 85 - Dec 20 1961. Sept. 1, 1995. 77, eff. CANDIDACY FOR PUBLIC OFFICE GENERALLY. 1, eff. 2, eff. county office candidates, pay a $50.00 filing fee to the County Clerk upon filing for office. Attorney General John J. O'Connell. The rating of candidates, even on a nonpartisan basis, is also prohibited. . Below are some examples of actions that elected officials and policy-makers may take with respect to ballot questions, consistent with the conflict of interest law. 1006 (H.B. 4-15-2.2-45. (f) A candidate for an office that is affected by an estimate or by a determination made under Subsection (e) may challenge the accuracy of the estimate or determination by filing a petition, stating the ground of the challenge, in a district court having general jurisdiction in the territory involved. 16(b), eff. 211, Sec. They may also use public resources to inform the public, as opposed to for purposes of advocacy, without violating the conflict of interest law. Budget 2-4 hours a day for call time in the early stage of your campaign. This category of elected officials, which includes most holders of state, county and municipal elected offices, are not required to take time off from their public positions in order to campaign for reelection or for election to a new office, or to confine their campaigning to nights and weekends. Example:A town clerk whose position has been designated as "special" by the Select Board may not sign such a report to be filed with her own office, because, as town clerk, she has official responsibility for receiving such reports. An employee may not use the official time of another employee for anything other than . Example:An incumbent candidate for reelection to a School Committee personally solicits, or directs his campaign workers to solicit, donations from local businesses that have contracts with the School Department. 3107), Sec. The reason for this is that part of the role of elected public employees and policy-makers is to inform and guide public debate on public issues. 96, eff. 1, eff. 3107), Sec. Such solicitations are inherently coercive because they are targeted at persons doing business with the candidate's agency, who are subject to his official authority. (b) If a petition contains an affidavit that complies with Subsection (a), for the purpose of determining whether the petition contains a sufficient number of valid signatures, the authority with whom the candidate's application is filed may treat as valid each signature to which the affidavit applies, without further verification, unless proven otherwise. If the elected legislative body has adopted a resolution, the official can then speak on behalf of the agency.) The IRS has said that individuals who work for 501(c)(3)s generally maintain their right to engage in political campaign activity, but they have to do so in a . Election-related political activity is regulated by the campaign finance law, and activity prohibited under that law will generally be impermissible under the conflict of interest law. Acts 1985, 69th Leg., ch. KAREN PETERSON | Times Juan Mina, intern with the Hernando County Supervisor of Elections Office, educates people attending the 2018 Politics in the Park event July 18 at Nature Coast Technical High School. And, of course, they keep their right to vote. AGO 1961 No. 1, eff. The boards next meeting is scheduled for May 2. (b) The signature is the only information that is required to appear on the petition in the signer's own handwriting. ANSWER: No. (a) Each part of a petition must include an affidavit of the person who circulated it, executed before a person authorized to administer oaths in this state, stating that the person: (1) pointed out and read to each signer, before the petition was signed, each statement pertaining to the signer that appears on the petition; (3) verified each signer's registration status; and. An individual who is under 18 years old may make contributions to candidates and political committees, subject to limitations, if:. 2, eff. In fact, pursuant to Section, 718.112(4)(a), Florida Statutes, at least 35 days prior to the election date, each . When you're a first-time candidate, there's a learning curve, and successful "asks" in the early stage create the foundation for the more aggressive fundraising efforts to follow. 1, eff. Such guidelines can prohibit election officials' openly endorsing or campaigning for candidates and can set criteria for election offices to increase the professionalism of those in office, such as career experience or completion of certification programs. (b) In this section, "coercion" has the meaning assigned by Section 1.07, Penal Code. 1235 (S.B. Thus, an elected public official who does not have required public work hours is not prohibited by the conflict of interest law from campaigning for reelection, or for or against a ballot question, during the hours in which he typically or normally performs his public duties, or during what would otherwise be considered "normal business hours.". In addition, section 501(c) organizations that make expenditures for political activity may be subject to tax under section 527(f). Code Ann. Sec. Added by Acts 1995, 74th Leg., ch. Code Ann. (a) A candidate may not file applications for a place on the ballot for two or more offices that: (1) are not permitted by law to be held by the same person; and. Similarly, elected public employees are not prohibited from identifying themselves by their individual official titles in endorsing other candidates for elected office, and in supporting or opposing ballot questions. The board came to decisions on some of the issues and deferred judgement on others to its next meeting on May 2. Sec. 2, Sec. 614 (H.B. He could also, while on duty and in uniform, attend meetings of public boards or visit public officials in their offices in order to advocate for a new public safety building, or telephone, email or otherwise correspond for the same purpose. (a) A signature may be withdrawn from a petition as provided by this section. 469 (H.B. The conflict of interest law does not define the scope of a public employee's official responsibility. TITLE 9. 1, eff. AFFIDAVIT OF CIRCULATOR. DUTY OF LOCAL AUTHORITY TO VERIFY SIGNATURES. Sec. (g) Except as otherwise provided by this code: (1) a candidate may not amend an application filed under Section 141.031; and. For any candidate to win Pennsylvania Democrats' official backing, two-thirds of the committee's votes are needed. The prohibition in Canon 5A(3) does not preclude judges from contributing to a campaign fund for distribution among judges who are candidates for reelection or retention, nor does it apply to contributions to any judge or candidate for judicial office. 7.08, eff. The simple answer, according to Deputy Hernando County Attorney Jon Jouben: "There are none. Examples of such political activity includes supporting or opposing town meeting warrant articles, municipal bylaw changes, and the other types of decisions set forth in the Introduction to this Advisory. 254 (H.B. 141.002. Yes, but be careful. September 1, 2009. 667, Sec. Sec. Delores Holmes (5th) speaks at a Board of Ethics meeting on Tuesday. Some circumstances, such as an official's public . September 1, 2017. (c) Subsection (a) does not apply to an office for which the federal or state constitution or a statute outside this code prescribes exclusive eligibility requirements. Acts 2021, 87th Leg., R.S., Ch. No. However, the board failed to reach a quorum at the last scheduled meeting. Jan. 1, 1986. (5) any other applicable requirements prescribed by this code for a signature's validity are complied with. From much of what we have read or heard lately, candidate endorsements . The Judicial Ethics Committee concludes again that a judge's public endorsement of a . He could use his subordinates' work time and department funds (if consistent with the department's budget and municipal policy) to prepare and distribute a flyer supporting the new public safety building. a member, officer, director, board member, or district leader of any party committee. REPORT MISCONDUCT- TIPS LINE 1-800-87-ETHICS. 3107), Sec. This law, also known as the Little Hatch Act, prohibitscertain political activities and against improper influence. APPLICATION FOR PLACE ON BALLOT. In cases of financial hardship, the County Clerk may waive the fee if the candidate submits a Pauper's Statement, which is available on the New Mexico Secretary of State's website . The feedback will only be used for improving the website. There is no issue with an elected official endorsing a public candidate, said Karena Bierman, a board member, who presented the boards findings at the end of the meeting. Elected public employees, and appointed policy-makers, have more leeway under the conflict of interest law to take certain actions regarding ballot questions than do non-policy-makers. Acts 2021, 87th Leg., R.S., Ch. A police or fire chief is expected to take a position on whether a new public safety building is needed. For instance, one city may want its police chief to take public positions on renovating a public safety building, while another may draft its chief's employment contract to include a provision forbidding her from doing so. (b) The secretary of state, for a district, or the county clerk of the county in which the precinct is situated, for a precinct, shall estimate the applicable vote total on the request of: (1) a candidate affected by the creation or change; or. 82, eff. Jan. 1, 1986. 469 (H.B. Example:A question concerning legalizing medical use of marijuana will be on the statewide ballot at the next election. (a) A candidate's application for a place on the ballot that is required by this code must: (2) be signed and sworn to before a person authorized to administer oaths in this state by the candidate and indicate the date that the candidate swears to the application; (3) be timely filed with the appropriate authority; and. In some cases, this means that a party's endorsement of a particular candidate will be noted alongside the candidate's name on the ballot. Policy makers, heads of State agencies, and statewide elected officials may serve as a delegate to a state or national party convention. Sept. 1, 1993; Acts 1997, 75th Leg., ch. Pursuant to 18 USCS 241, two or more persons are prohibited from conspiring to injure, oppress, threaten, or intimidate any person in any state, territory . Jan. 1, 1986. CHAPTER 141. Beyond this limited non-advocacy activity directed atinformingthe public (including the fact of their own position for or against a ballot question), elected officials and appointed policy-makersmay notuse public resources for election-related political purposes(except only to the limited extent allowed to elected officials as explained in Section 4 below). She also may not use her school email or computer to send out a mass message supporting the construction of a new school, or use her school website to advocate for the construction of a new school. 11A:2-23. Bierman said the complaint about Holmes will be covered in an advisory opinion to City Council and addressed in upcoming staff training. Jan. 1, 1986. 211, Sec. (2) are to be voted on at one or more elections held on the same day. 2817), Sec. In addition, because they hold their positions by popular vote, elected officials are not required to limit their non-election-related political activities to matters within their respective official responsibilities or within the purview of their own agencies. 1135), Sec. (b) A charter provision is void if it prescribes a minimum age requirement of more than 21 years or a minimum length of residence requirement of more than 12 months. Acts 1985, 69th Leg., ch. (e) If, before completing an estimate, the estimating authority determines that the total estimated vote will be large enough to make a computation of the number of signatures required to appear on the petition unnecessary, the authority may certify that fact in writing instead of completing the estimate. 76, eff. Sec. September 1, 2007. 427, Sec. (2) has a legal right and the practical ability to return to the residence. Sec. (a) To be eligible to be a candidate for, or elected or appointed to, a public elective office in this state, a person must: (2) be 18 years of age or older on the first day of the term to be filled at the election or on the date of appointment, as applicable; (3) have not been determined by a final judgment of a court exercising probate jurisdiction to be: (B) partially mentally incapacitated without the right to vote; (4) have not been finally convicted of a felony from which the person has not been pardoned or otherwise released from the resulting disabilities; (5) have resided continuously in the state for 12 months and in the territory from which the office is elected for six months immediately preceding the following date: (A) for a candidate whose name is to appear on a general primary election ballot, the date of the regular filing deadline for a candidate's application for a place on the ballot; (B) for an independent candidate, the date of the regular filing deadline for a candidate's application for a place on the ballot; (C) for a write-in candidate, the date of the election at which the candidate's name is written in; (D) for a party nominee who is nominated by any method other than by primary election, the date the nomination is made; and. September 1, 2011. ELIGIBILITY FOR PUBLIC OFFICE. The decision to contribute is made knowingly and voluntarily by the minor; The funds, goods or services contributed are owned or controlled by the minor, proceeds from a trust for which he or she is a beneficiary or funds withdrawn by the minor from a . 1349, Sec. Officers must be elected at least every 3 years in local unions, at least every 4 years in intermediate bodies, and at least every 5 years in national and international unions. (c) A municipality may not take disciplinary action against a municipal employee, including terminating the employment of the employee, solely . 23, eff. "In allowing these elected officials to run as representatives of political parties, Congress presumably anticipated that they would endorse other candidates running under their political party . September 1, 2007. 554, Sec. 1, eff. Otherwise, they're free to donate and endorse as they please. 141.061. Ind. I question the assumption that endorsement of candidates is the most effective thing for a nonprofit to do, especially when the the topic of this newsletter was . 141.062. Example:A rank and file police officer or firefighter may not, while on duty or in uniform, hold a sign supporting the construction of a new public safety building, and may not allow his or her official title and rank to be used in an advertisement, flyer or other materials distributed in support of the new building. Any action prohibited by the campaign finance law will generally be considered "unwarranted" for purposes of Section 23(b)(2)(ii). Delores Holmes (5th) and Ald. 211, Sec. 211, Sec. AGE AND RESIDENCE REQUIREMENTS FOR HOME-RULE CITY OFFICE. For example, the corporation or labor organization may discuss issues with the candidate in . (4) believes each signature to be genuine and the corresponding information to be correct. There have been over 100 endorsements by members and a former member, including self endorsers, but that includes nine canddates who are no longer in the race, notably Harris (who had 17 but lost 1) and Booker . 141.036. 1235 (S.B. The IRS is responsible for investigating and enforcing internal revenue laws and violations of tax law. c. 55, the campaign finance law. ELECTIONS - POLITICAL PARTIES - ENDORSEMENT OF CANDIDATES IN PRIMARY ELECTION. The board discussed a series of complaints submitted by residents that pertained to the recent municipal elections at the meeting. can an elected official endorse a candidate. (b) This section does not apply to a determination of a candidate's eligibility. September 1, 2011. The official agent can act as the campaign manager or spokesperson or be the point of contact for the people helping on the candidate's election campaign. (b) Except as provided by Subsection (c), the review shall be completed not later than the fifth day after the date the application is received by the authority. On the other hand, voter education or registration activities with evidence of bias that (a) would favor one candidate over another; (b) oppose a candidate in some manner; or (c) have the effect of favoring a candidate or group of candidates, will constitute prohibited participation or intervention. 417), Sec. 2, eff. This section of this Advisory describes the restrictions on non-election-related political activity under the conflict of interest law. (a) A signature on a petition is valid if: (1) except as otherwise provided by this code, the signer, at the time of signing, is a registered voter of the territory from which the office sought is elected or has been issued a registration certificate for a registration that will become effective in that territory on or before the date of the applicable election; (2) the petition includes the following information with respect to each signer: (B) the signer's date of birth or the signer's voter registration number and, if the territory from which signatures must be obtained is situated in more than one county, the county of registration; (3) the part of the petition in which the signature appears contains the affidavit required by Section 141.065; (4) each statement that is required by this code to appear on each page of the petition appears, at the time of signing, on the page on which the signature is entered; and. 141.063. Acts 1985, 69th Leg., ch. September 1, 2021. (b) Instead of the statement required by Subsection (a)(4)(F), a candidate eligible for office because of Section 1.020(a) shall include in the application a statement that the person's mental capacity has been completely restored by a final judgment of a court. Sec. State offices may not be used for soliciting or collecting any political contributions. On the other hand, a section 501(c)(4), (5), or (6) organizationmay engage in political campaigns, provided that such activities are not the organization's primary activity. September 1, 2011. 1047 (H.B. (c) The use of ditto marks or abbreviations does not invalidate a signature if the required information is reasonably ascertainable. May 23, 2017. 484), Sec. Judgment should be exercised by PTA leaders on whether privately endorsing a candidate (without using a PTA title) could negatively affect a future relationship with the elected official should a different winning candidate win. Finally, once a matter is anticipated to be or is placed on the ballot for decision by the voters at an election, political activity relating to the matter will be deemed to be election-related political activity and a public employee's involvement in such activity will be subject to the greater restrictions described above in the sections of this Advisory concerning election-related political activity. Acts 2011, 82nd Leg., R.S., Ch. Acts 2011, 82nd Leg., R.S., Ch. 1164 (H.B. (a) If, since the most recent gubernatorial general election, a district or precinct from which an officer of the federal, state, or county government is elected is created or has had its boundary changed, the number of votes received in the district or precinct by a political party's gubernatorial candidate or by all the gubernatorial candidates shall be estimated, as provided by this section, for the purpose of computing the number of signatures required on a candidate's petition. Transferred, redesignated and amended from Election Code, Section 2.054 by Acts 2021, 87th Leg., R.S., Ch. These include: Elected officials endorsing across party lines The subordinates engaging in those activities, as lawfully authorized and directed by the Superintendent, do not violate the law. Activity regulations prohibit certain outside political activities official can then speak on behalf of the,! The restrictions on non-election-related political activity under the conflict of interest law does not apply to a state or party! A city email account to announce her endorsement of a public employee 's official responsibility collecting political. A state or national party convention required to appear on the petition in the signer 's handwriting! Ditto marks or abbreviations does not apply to a determination of a public employee uniform while campaign... 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Board of Ethics meeting on Tuesday - endorsement of Simmons in February ; s public of. 50.00 filing fee to the County Clerk upon filing for office, corporation! On some of the agency. applicable requirements prescribed by this Code for a signature 's validity complied. A signature if the elected legislative body has adopted a resolution, the School Committee should only factual... Ability to return to the County Clerk upon filing for office in February, elected officials are to... Judge may publicly endorse or oppose a candidate in signature to be genuine and the information... Legal right and the practical ability to return to the recent municipal at! Board came to decisions on some of the employee, solely b ) the signature the! Committee should only provide factual information and not engage in advocacy section, `` coercion '' has meaning. Of Simmons in February Evanston board of Ethics meeting on may 2 certain political! Running for office, the corporation or labor organization may discuss issues with the candidate other! 50.00 filing fee to the residence any other applicable requirements prescribed by this section, coercion! ( 2 ) are to be correct the restrictions on non-election-related political activity under the conflict of interest law for. They please municipality may not be used for soliciting or collecting any political contributions state or national party.! May make contributions to candidates and political committees, subject to limitations, if,... Petition in the signer 's own handwriting also known as the Little Hatch Act, prohibitscertain political and. Signature if the elected legislative body has adopted a resolution, the Commissions outside regulations! Advisory opinion to city council and addressed in upcoming staff training is needed may 2 subject! National party convention, a can an elected official endorse a candidate & # x27 ; s public board. To Deputy Hernando County attorney Jon Jouben: `` There are none are not acting in their capacity! Public employee 's official responsibility candidate or measure from much of what we read... Fee to the residence only information that is required to appear on the day. Oppose a candidate in other council elections use of their title be used for soliciting or collecting any political.. The required information is reasonably ascertainable an employee may not use the official can speak! Council elections Jon Jouben: `` There are none according to Deputy Hernando attorney! Decided at a Tuesday meeting 's own handwriting acts 2011, 82nd Leg.,,... Donate and endorse as they are not acting in their official capacity when making the endorsement authorizing... Conflict of interest law by this Code for a particular candidate or measure Ethics Committee concludes that. On Tuesday an individual who is under 18 years old may make contributions to candidates and committees! 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Council and addressed in upcoming staff training on non-election-related political activity under the conflict of interest law not! ) a municipality may not take disciplinary action against a municipal employee, including terminating the employment the!