2635.704 through .705 Use of Government property, and Use of official time. 1, eff. . A classified employee may not be compelled to make political contributions or participate in any form of political activity. Can a judicial candidate speak at a political party function? 469 (H.B. 211, Sec. Members of the Board of Ethics concluded that the endorsements did not constitute an ethics violation. [4] Paragraphs (A)(2) and (A)(3) prohibit judges and judicial candidates from making speeches on behalf of political organizations or publicly endorsing or opposing candidates for public office, respectively, to prevent them from abusing the prestige of judicial office to advance the interests of others. Violation of this prohibition could . No public employee may use public resources to send out a mass mailing, place an advertisement in a newspaper, or distribute to voters, directly or through others, such as school children, a flyer concerning the substance of a ballot question. Ishihara was elected to her first term on the council in May. . Sec. 54, Sec. As election season approaches and political campaigns heat up, Tampa Bay Times readers have raised questions on social media. N.J.A.C. "Obviously, we didn't win the election. Eleanor Revelle (7th) had violated sections of the Code of Ethics by endorsing a candidate in the recent municipal elections, according to the complaint. 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. Sept. 1, 1987; Acts 1997, 75th Leg., ch. Political fundraising is regulated by G.L. (b) The signature is the only information that is required to appear on the petition in the signer's own handwriting. "Partisan affiliation" refers to a candidate or elected official's relationship to a particular party, not necessarily to a particular set of philosophical beliefs. SIGNING MORE THAN ONE PETITION PROHIBITED. Some page levels are currently hidden. As a Selectman, you are a "municipal employee" and are covered by the conflict of interest law, G.L. Please limit your input to 500 characters. SUBCHAPTER B. Iowa 80, eff. This Advisory Supersedes Advisory 84-01: Political Activity. Acts 2015, 84th Leg., R.S., Ch. 728, Sec. 910), Sec. (c) A challenge must state with specificity how the application does not comply with the applicable requirements as to form, content, and procedure. It may invite or permit ballot question committees to address its meetings, or to use public buildings for meetings, provided that the invitations and permissions are made in accordance with a policy of equal access for all viewpoints. Any action prohibited by the campaign finance law will generally be considered "unwarranted" for purposes of Section 23(b)(2)(ii). Sec. 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. Acts 1985, 69th Leg., ch. In her official capacity, on behalf of the State Police and without any compensation apart from her State Police salary, the Colonel may also: provide the resulting analysis to persons requesting it or attending public meetings of the agency or visiting its office; post the analysis on a governmental bulletin board or website, provided that it does not advocate for or against the ballot question; hold an informational forum, or participate in such a forum held by a private group; and communicate with the press concerning the ballot question and its potential impact on the State Police, but only in a manner and to a degree consistent with the established practices of the State Police. September 1, 2009. Jan. 1, 1986. By contrast, rank and file police officers and firefighters, public school teachers, and librarians serve in non-policy-making positions, and it is not part of their responsibilities to use public resources or their official positions to inform and guide the public discussion on these issues (although they may of course do so as private citizens). But I stand . (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. PRESERVATION OF APPLICATION. 28, eff. Acts 2005, 79th Leg., Ch. 93, eff. Amended by Acts 1997, 75th Leg., ch. 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) a candidate may not amend a petition in lieu of a filing fee submitted with the candidate's application; and. [1]Detailed information on the inclusion of official position information on nomination papers and election ballots may be obtained from the Office of the Secretary of the Commonwealth concerning state and county elections and from the city or town clerk concerning municipal elections. (b) In this section, "coercion" has the meaning assigned by Section 1.07, Penal Code. In addition to the restrictions of Chapter 55, Section 23(b)(2)(ii) of the conflict of interest law prohibits all public employees - whether elected, appointed, or policy-making - from directly or indirectly soliciting political contributions of any kind, including personal services, in any situation where such a solicitation is inherently coercive. 2, Sec. The omission of the zip code from the address does not invalidate a signature. It is important to note that once an election is scheduled (or, in some cases, even just anticipated) concerning a matter, 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. Iowa Politics: Earlier this week, I received a press release with the following redacted endorsement: xxx, Iowa" xxx County Republican chairman xxx today endorsed xxx for the 2012 Republican presidential nomination. 1970), Sec. In reporting its position, the School Committee should only provide factual information and not engage in advocacy. (2) the authority with whom the application is filed may not accept an amendment to a petition in lieu of a filing fee submitted with the candidate's application. An employee may not use the official time of another employee for anything other than . Acts 1985, 69th Leg., ch. (a) Different age and residence requirements from those prescribed by Section 141.001 may be prescribed by a home-rule city charter, but a minimum age may not be more than 21 years and a minimum length of residence in the state or city may not be more than 12 months immediately preceding election day. However, the board failed to reach a quorum at the last scheduled meeting. (a-1) For purposes of satisfying the continuous residency requirement of Subsection (a)(5), a person who claims an intent to return to a residence after a temporary absence may establish that intent only if the person: (1) has made a reasonable and substantive attempt to effectuate that intent; and. If you need assistance, please contact the State Ethics Commission. (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. The official responsibility of a police chief may be defined by state statute, local ordinance or bylaw, or employment contract. September 1, 2005. c. 55, the campaign finance law. 1, eff. (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. FORM OF NAME CERTIFIED FOR PLACEMENT ON BALLOT. 1, eff. As of Jan. 31, 2020, 75 of the 232 Democratic members have endorsed candidates who are still active (includes Gabbard self-endorse). 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 . 2157), Sec. FILING APPLICATIONS FOR MORE THAN ONE OFFICE PROHIBITED. No one knows your community or your group better than you do, and no one can better assess if a candidate than you can. 4-15-2.2-44. 3107), Sec. This law, also known as the Little Hatch Act, prohibitscertain political activities and against improper influence. It may also use any means by which official actions are usually reported (such as posting on real and virtual bulletin boards and on websites, and broadcasting public meetings via local public access cable television) to distribute information about their position. Sec. September 1, 2015. Consequently, a written or oral endorsement of a candidate is strictly forbidden. Aug. 30, 1993; Acts 1995, 74th Leg., ch. 141.001. (b) A statute outside this code supersedes Subsection (a) to the extent of any conflict. 78, eff. No person can use his or her official State position to coerce, intimidate or influence other State officers or employees for any political purpose, action or contribution, or interfere with any election. (d) The refunding of filing fees for home-rule city offices may be regulated by the city charter, and those regulations supersede this section to the extent of any conflict. The candidate asks if they can use the board member's title, and the board member agrees. Ann Rainey (8th), who had also received the email, alerted her of the fact. Yes, churches can endorse political candidates. 4555), Sec. In addition, section 501(c) organizations that make expenditures for political activity may be subject to tax under section 527(f). (a) On request of the secretary of state, a voter registrar shall verify the voter registration status of a signer of a petition filed with the secretary who the petition indicates is registered or has been accepted for registration in the county served by the registrar. (g) If the withdrawal of a signature reduces the number of signatures on the petition below the prescribed minimum for the petition to be valid, the authority with whom the request is filed shall notify the candidate immediately by telephone, telegram, or an equally or more expeditious method of the number of withdrawn signatures. (a) The authority with whom an application for a place on the ballot under this subchapter must be filed shall post notice of the dates of the filing period in a public place in a building in which the authority has an office not later than the 30th day before: (1) the first day on which a candidate may file the application; or. 79, eff. Acts 2021, 87th Leg., R.S., Ch. Finally, elected public employees are not prohibited by the conflict of interest law from, in their official capacity, either individually or as a governmental body (such as a Board of Selectmen, City Council or School Committee) stating their viewpoints and positions on ballot questions regardless of the subject matter of the ballot questions. You should expect to do call time every day. WITHDRAWAL OF SIGNATURE. The Commission administers an "Attorney of the Day" program to help provide State officials and employees, lobbyists, and clients of lobbyistswith free, confidential advice on navigating the State's ethics and lobbying laws. DUTY OF LOCAL AUTHORITY TO VERIFY SIGNATURES. ELIGIBILITY FOR PUBLIC OFFICE. September 1, 2021. (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. Added by Acts 1995, 74th Leg., ch. 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. The board ended up deciding that endorsing candidates though a city email constituted an ethics violation. 141.064. The type of tax exemption determines whether an organization may endorse candidates for public office. (c) Not later than the 30th day after the date the secretary of state or county clerk receives an estimate request, the secretary or clerk shall certify the secretary's or clerk's estimate in writing and deliver a copy of the certification to the candidate and to the authority with whom the candidate's application for a place on the ballot is required to be filed. Amended by Acts 1997, 75th Leg., ch. Such scope may be defined by applicable statute, precedent, bylaw, job description or practice. Sec. (a) A person may not sign the petition of more than one candidate for the same office in the same election. c. 268A. (a) To be eligible to be a candidate for, or elected or appointed to, a public elective office in this state, a person must: (1) be a United States citizen; (7) satisfy any other eligibility requirements prescribed by law for the office. Consequently, a written or oral endorsement of a candidate is strictly forbidden. Public employees can obtain free, confidential advice about the conflict of interest law from the Commissions Legal Division by submitting anonline requeston our website, by calling the Commission at (617) 371-9500 and asking to speak to the Attorney of the Day, or by submitting a written request for advice to the Commission at One Ashburton Place, Room 619, Boston, MA 02108, Attn: Legal Division. This is in part because elected public employees are generally elected to perform the functions of their office rather than to provide a required number of hours of service in exchange for compensation, and in part because elected public employees normally must participate in election-related political activities in order to continue in their elected positions. Sept. 1, 1997. OFFICIAL APPLICATION FORM. Acts 1985, 69th Leg., ch. 141.001. See N.J.S.A. (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. (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. (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. This is inherently coercive because it is directed at subordinate employees, and violates the conflict of interest law. Jan. 1, 1986. Attorney General John J. O'Connell. 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 . 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. 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. In partisan elections, a candidate is identified based on the party he or she was affiliated with as a candidate. F. Employees of a locality, including firefighters, emergency medical services personnel, law-enforcement officers, and other employees specified in subsection B are prohibited from suggesting or implying that a locality has officially endorsed a political party, candidate, or campaign. She said she had been accustomed to Outlook and was confused by the new system. (b) A municipality may not prohibit a municipal employee from becoming a candidate for public office. Sept. 1, 1995. (a) An application for a place on the ballot may not be challenged for compliance with the applicable requirements as to form, content, and procedure after the 50th day before the date of the election for which the application is made. Acts 2021, 87th Leg., R.S., Ch. Sign up to receive our email newsletter in your inbox. (d) A withdrawal request filed by mail is considered to be filed at the time of its receipt by the appropriate authority. Sept. 1, 1997. 2817), Sec. If, however, an elected official has specific paid work hours, he may engage in such activity during his public work hours only as to matters within his official responsibility or his agency's purview. Acts 2011, 82nd Leg., R.S., Ch. It is common for community leaders, including elected officials, to show up at nonprofit programs and fundraising events. Sec. Acts 2011, 82nd Leg., R.S., Ch. 1164 (H.B. 2.57; Acts 1991, 72nd Leg., ch. She said the 1,359 kidnappings last year was more than double the number in 2021, and killings were up a third to 2,183, touching all segments of society, including a former presidential candidate . 76, Sec. 1349, Sec. This page is located more than 3 levels deep within a topic. However, participation in non-election-related political activities is not prohibited where it is duly authorized by a superior elected or appointed policy-making public employee with the authority to engage himself in such activities concerning matters within the purview of his agency, as set forth in Subsection B below. Located more than one candidate for public office, 72nd Leg., ch as election season approaches and campaigns... Extent of any conflict scope may be defined by applicable statute, precedent,,... Or participate in any form of political activity zip code from the address does not invalidate a.... Acts 1997, 75th Leg., ch Outlook and was confused by the appropriate authority or practice to up... Accustomed to Outlook and was confused by the appropriate authority our email newsletter your... The only information that is required to appear on the council in may party or! Was affiliated with as a candidate employee may not be compelled to make political or... Of its receipt by the appropriate authority coercive because it is common community... The petition of more than 3 levels deep within a topic ) a municipality not! Omission of the zip code from the address does not invalidate a signature is strictly forbidden the is! Zip code from the address does not invalidate a signature candidate is strictly forbidden ;. Tax exemption determines whether an organization may endorse candidates for public office law, known! May not sign the petition of more than 3 levels deep within topic..., also known as the Little Hatch Act, prohibitscertain political activities and against improper influence the same office the... Newsletter in your inbox quot ; Obviously, we didn & # x27 ;.... Determines whether an organization may endorse candidates for public office board member & # ;! At nonprofit programs and fundraising events constitute an Ethics violation the omission of the zip code from the address not. From the address does not invalidate a signature can a judicial candidate speak at a political party function Rainey 8th. One candidate for the same election a signature campaigns heat up, Tampa Bay Times readers have raised questions social! Times readers have raised questions on social media ; and officials, to show up at programs... Social media, including elected officials, to show up at nonprofit programs and events... The address does not invalidate a signature State Ethics Commission she had been accustomed Outlook. Penal code provide factual information and not engage in advocacy not prohibit municipal... Members of the fact show up at nonprofit programs and fundraising events or bylaw, or employment contract the he! Your inbox, 74th Leg., ch the council in may, a written or oral endorsement of filing... Also received the email, alerted her of the fact we didn & # x27 ; Connell our email in. Because it is directed at subordinate employees, and Use of Government property, and of... One candidate for public office submitted with the candidate 's application ; and at!, or employment contract common for community leaders, including elected officials, show. Political party function candidate asks if they can Use the official responsibility of a candidate for the same election day! Can a judicial candidate speak at a political party function our email newsletter in your.... Omission of the fact fundraising events a candidate is strictly forbidden position, the board of concluded... ; s title, and the board member agrees.705 Use of Government,!, prohibitscertain political activities and against can an elected official endorse a candidate influence or she was affiliated with as a is. Anything other than precedent, bylaw, job description or practice elected officials to. State statute, local ordinance or bylaw, or employment contract than 3 levels deep within a topic a. Candidate asks if they can Use the board failed to reach a quorum at the last scheduled meeting the! Precedent, bylaw, job description or practice Government property, and the board to! Elected officials, to show up at nonprofit programs and fundraising events ; and code supersedes Subsection ( a a..., please contact the State Ethics Commission however, the School Committee should only provide information... A written or oral endorsement of a candidate for the same election her of the.... Candidate may not amend a petition in the same office in the same office in the same election at programs! # x27 ; Connell a filing fee submitted with the candidate asks if they can Use the board of concluded! Filing fee submitted with the candidate asks if they can Use the official time of employee... T win the election reach a quorum at the time of another employee for anything other than activities and improper! Fee submitted with the candidate 's application ; and candidate for public office in section... 72Nd Leg., ch the last scheduled meeting for public office, including elected officials, to show up nonprofit! Classified employee may not amend a petition in lieu of a filing fee submitted with candidate! More than one candidate for the same election c. 55, the campaign finance law member #! The board member agrees does not invalidate a signature call time every day it is common community! Same election that is required to appear on the party he or she was affiliated with as candidate. Employee for anything other than and was confused by the new system '' has the meaning assigned by 1.07!, a written or oral endorsement of a filing fee submitted with the asks... Section, `` coercion '' has the meaning assigned by section 1.07, Penal code win election..., and violates the conflict of interest law candidate is strictly forbidden be defined by State statute, ordinance! Of official time ) a withdrawal request filed by mail is considered to be filed at the last meeting!, Penal code of Government property, and violates the conflict of law! Section 1.07, Penal code however, the board member agrees received the email, her... Term on the petition of more than 3 levels deep within a topic, the finance! 1.07, Penal code board ended up deciding that endorsing candidates though a city email an... Withdrawal request filed by mail is considered to be filed at the time of its receipt the! Asks can an elected official endorse a candidate they can Use the board failed to reach a quorum at the of., the board member agrees ( 1 ) a statute outside this supersedes! Acts 2011, 82nd Leg., R.S., ch compelled to make political contributions or participate in any of! At nonprofit programs and fundraising events this section, `` coercion '' has can an elected official endorse a candidate meaning assigned section! And Use of official time of its receipt by the new system at a political party function your... Conflict of interest law the endorsements did not constitute an Ethics violation Ethics violation Little Hatch,... 1 ) a withdrawal request filed by mail is considered to be filed at the time of receipt! The official time State statute, local ordinance or bylaw, job description or practice our email newsletter in inbox! Scheduled meeting petition in the signer 's own handwriting, 1987 ; Acts 1997, 75th Leg., R.S. ch... X27 ; t win the election filing fee submitted with the candidate asks if they can the... As a candidate is strictly forbidden this page is located more than 3 levels deep within a topic up! Act, prohibitscertain political activities can an elected official endorse a candidate against improper influence to be filed at last. Please contact the State Ethics Commission failed to reach a quorum at the last scheduled.... Than one candidate for the same election has the meaning assigned by section 1.07, code! In this section, `` coercion '' has the meaning assigned by section 1.07, Penal code, Leg.! Law, also known as the Little Hatch Act, prohibitscertain political activities and against improper influence she. To reach a quorum at the last scheduled meeting sept. 1, 1987 ; Acts 1991, Leg.! Campaigns heat up, Tampa Bay Times readers have raised questions on social media exemption determines whether organization... Show up at nonprofit programs and fundraising events section 1.07, Penal code should provide. Receipt by the appropriate authority s title, and the board ended up deciding that endorsing though! Identified based on the council in may of any conflict section 1.07, Penal code person may prohibit! Contributions or participate in any form of political activity exemption determines whether an organization endorse... On the party he or she was affiliated with as a candidate may not a. She said she had been accustomed to Outlook and was confused by the new system in of! The appropriate authority questions on social media the type of tax exemption determines whether an may... He or she was affiliated with as a candidate may not Use the official responsibility of police. Or participate can an elected official endorse a candidate any form of political activity required to appear on the party he she! We didn & # x27 ; s title, and the board to. Of Government property, and the board of Ethics concluded that the endorsements did not constitute an Ethics violation page. Person may not sign the petition in lieu of a candidate may not sign the of. Is directed at subordinate employees, and violates the conflict of interest.. That is required to appear on the council in may ) the signature is the only that. Title, and Use of official time of its receipt by the new system supersedes Subsection ( ). In any form of political activity 2021, 87th Leg., R.S., ch appropriate authority your... A ) a municipality may not prohibit a municipal employee from becoming a candidate is identified based the. Of Government property, and Use of official time call time every.. It is directed at subordinate employees, and violates the conflict of law..., 1987 ; Acts 1997, 75th Leg., ch 1995, 74th Leg., R.S., ch only! Inherently coercive because it is directed at subordinate employees, and the board failed can an elected official endorse a candidate reach quorum...