(d) A withdrawal request filed by mail is considered to be filed at the time of its receipt by the appropriate authority. 1735), Sec. (d) The secretary of state may prescribe a different form for an application for a place on the ballot for each of the following: (1) an office of the federal government; (2) an office of the state government; or. Policy makers, heads of State agencies, and statewide elected officials may serve as a delegate to a state or national party convention. (a) Instead of the six-month residence requirement prescribed by Section 141.001(a)(5), a candidate for or appointee to a precinct office must be a resident of the precinct on the date prescribed by Section 141.001(a)(5) and must have resided continuously in the county in which the precinct is located for six months immediately preceding that date if an order creating the precinct or changing the boundary of the precinct: (1) was adopted less than seven months before that date; or. (b) For the purpose of this section, an order is in litigation if the judgment concluding a judicial proceeding in which the order is mandated or the validity of the order is challenged has not become final. (4) believes each signature to be genuine and the corresponding information to be correct. Amended by Acts 1997, 75th Leg., ch. Kristina Karisch, Assistant City Editor April 19, 2017 Elected officials may endorse candidates running for office, the Evanston Board of Ethics decided at a Tuesday meeting. County employees cannot take part in a campaign "while on duty, in uniform or while wearing Hernando County insignia," the manual says, nor can they campaign while on the clock. She was sending things to people on my (email) list, Rainey, who was in the audience, said. 2, Sec. 667, Sec. Sept. 1, 1997. (C) the office sought, including any place number or other distinguishing number; (D) an indication of whether the office sought is to be filled for a full or unexpired term if the office sought and another office to be voted on have the same title but do not have place numbers or other distinguishing numbers; (E) a statement that the candidate is a United States citizen; (F) a statement that the candidate has not been determined by a final judgment of a court exercising probate jurisdiction to be: (ii) partially mentally incapacitated without the right to vote; (G) an indication that the candidate has either not been finally convicted of a felony or if so convicted has been pardoned or otherwise released from the resulting disabilities; (I) the candidate's residence address or, if the residence has no address, the address at which the candidate receives mail and a concise description of the location of the candidate's residence; (J) the candidate's length of continuous residence in the state and in the territory from which the office sought is elected as of the date the candidate swears to the application; (K) the statement: "I, __________, of __________ County, Texas, being a candidate for the office of __________, swear that I will support and defend the constitution and laws of the United States and of the State of Texas"; (L) a statement that the candidate is aware of the nepotism law, Chapter 573, Government Code; and. (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. 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. Sec. A solicitation is inherently coercive, and therefore prohibited by the conflict of interest law, if it is directed by a public employee at his subordinate, persons or entities doing business with or having a matter pending before his public agency, or anyone subject to his or his agency's authority. WITHDRAWAL OF SIGNATURE. Civil Service Law 107, Public Officers Law 73(17), and Public Officers Law 74prohibit certain political activity in the workplace. (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; 95, eff. 1135), Sec. It is not common for a sitting council member to endorse a candidate in other council elections. Example:A question concerning school aid will be on the statewide ballot at the next election. It is illegal in California for a public official to vote or offer to vote in a certain manner in exchange for another public official's vote on the same or another matter before the body. 711 (H.B. Just as appointed policy-makers have more leeway to take positions on election-related matters within the purview of or affecting their respective agencies, they also have more leeway to take such actions with respect to non-election-related matters. An elected official generally may, in his official capacity, engage in non-election-related political activities concerning any matter. Code Ann. (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. 502, 503. September 1, 2013. The corporation or labor organization may communicate with candidates for the purpose of deciding which, if any, candidate to endorse. (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; September 1, 2015. In addition, the Commissions outside activity regulations prohibit certain outside political activities. Professional and other staff members who do not determine policy and who are subject to the control of elected officials need not be elected. 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. A member does not have a free speech right to speak on matters that do not relate to the business of the body. 3107), Sec. Holmes has been accused of ethics violations regarding her use of a city email account to send out a candidate endorsement. 1, eff. Whether it's a prominent celebrity, organized interest, or popular elected official, candidates love to get endorsements. 54, eff. VALIDITY OF SIGNATURE. The board ended up deciding that endorsing candidates though a city email constituted an ethics violation. 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 chief may write a letter to the editor of a local newspaper in his capacity as chief advocating for a new public safety building, allow his name and official title to be used in a newspaper advertisement supporting the construction of a new public safety building, and advocate as chief for a new public safety building on the police department's website. 504 (H.B. Not all endorsements are created equal. 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. Sec. 1073), Sec. "Obviously, we didn't win the election. May attend any function or event at any time during the day and voice his or her opinion about a candidate or ballot proposition as long as they are not being compensated and are not using any public equipment, vehicle or other facility. (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. For the purpose of this policy, all elections involving candidates are defined as partisan elections, even those for . May 23, 2017. (a-1) A person who has been convicted of a felony shall include in the application proof that the person is eligible for public office under Section 141.001(a)(4). 1164 (H.B. GENERAL REQUIREMENTS FOR APPLICATION. 1047 (H.B. Holmes claimed at the meeting that she did not intend to send the endorsement through her official email. DUTY OF LOCAL AUTHORITY TO VERIFY SIGNATURES. Ann Rainey (8th), who had also received the email, alerted her of the fact. May the commissioner call a press conference on her front lawn to endorse that candidate? 1593), Sec. 96, eff. (a) In this section, "candidate" has the meaning assigned by Section 251.001(1), Election Code. Sec. See N.J.S.A. CANDIDATES. 141.039. If the event isn't explicitly tied to a political party and doesn't expressly endorse specific candidates for office . 55, eff. If you need assistance, please contact the State Ethics Commission. 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. According to the county's public information office, elected officials are limited only by state rules that bar them from using money from their own campaign accounts for donations. Thus, neither an individual appointed policy-maker nor a board comprised of such employees may use their individual titles or their board name in a political advertisement in favor of or against a ballot question. Example:A full-time state employee with the Department of Conservation and Recreation may not act as a candidate's attorney (even on her own time and without a fee) before the State Ballot Law Commission, nor could she be paid to review signatures on nomination papers, even if she did not appear before the Commission. 16(b), eff. 1135), Sec. As of Jan. 31, 2020, 75 of the 232 Democratic members have endorsed candidates who are still active (includes Gabbard self-endorse). Cal. 28, eff. A person circulating a petition must: (1) before permitting a person to sign, point out and read to the person each statement pertaining to the signer that appears on the petition; (3) ascertain that each date of signing is correct; and. 1, eff. 211, Sec. Code Ann. 141.067. September 1, 2011. 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. Endorse a candidate or contribute to a campaign with money or time: 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 . 864, Sec. VERIFYING SIGNATURES BY STATISTICAL SAMPLE. Aug. 28, 1989; Acts 1991, 72nd Leg., ch. A 501(c)(6) cannot endorse candidates for elected office. 13, eff. to State Ethics Commission Advisory 11-1: Public Employee Political Activity. Sept. 1, 1993; Acts 1997, 75th Leg., ch. (b) To withdraw a signature, the signer must request that the signer's signature be withdrawn. Sept. 1, 1997. The political activity restrictions apply during the entire time of an employee's federal service . [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. A classified employee may not be compelled to make political contributions or participate in any form of political activity. 1970), Sec. Sec. You should expect to do call time every day. 95 (S.B. The city screwed this up so badly, every alderman in town was having problems.. A school superintendent is expected to recommend to the School Committee and the town's voters whether the public high school should be renovated or replaced. 107, Sec. Sec. 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. The organization may communicate the endorsement to its membership and share the endorsement with the organization's press list. Acts 2021, 87th Leg., R.S., Ch. Jan. 1, 1986. 29, eff. 1, eff. Sept. 1, 1987; Acts 1993, 73rd Leg., ch. The Hatch Act restricts federal employee participation in certain partisan political activities. Transferred, redesignated and amended from Election Code, Section 2.054 by Acts 2021, 87th Leg., R.S., Ch. The board discussed a. September 1, 2007. (c) The use of ditto marks or abbreviations does not invalidate a signature if the required information is reasonably ascertainable. 711 (H.B. (a-3) The authority with whom an application for a place on a general primary election ballot is filed under Section 172.022 shall, to the extent permitted by law, use Subsections (a) and (a-1) in determining whether a candidate meets the residency requirements for a public elective office. Example:A non-policymaking public school teacher may not,during her school work hours, prepare, produce and distribute to municipal officials and residents a flier in support of a new public school, or hold a sign in front of the school supporting the construction of a new school, or attend meetings of a grass roots group supporting the construction of a new school. (2) be filed with the authority with whom the petition is required to be filed not later than the date the petition is received by the authority or the seventh day before the petition filing deadline, whichever is earlier. In Quinto vs. Comelec (G.R. Amended by Acts 1987, 70th Leg., ch. Sec. An official website of the Commonwealth of Massachusetts, This page, State Ethics Commission Advisory 11-1: Public Employee Political Activity, is. No State officer or employee may corruptly use or promise to use any official authority or influence in exchange for political action on anothers part. 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. For example, the corporation or labor organization may discuss issues with the candidate in . (b) This section does not apply to an office filled at the general election for state and county officers. 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 . Nonprofits that are tax-exempt under Section 501(c)(3) may not themselves engage in any political campaign activity (i.e., activity to support or oppose candidates for elective office). Holmes said she did not realize the endorsement had been sent out to everyone (shed) ever sent an email to an email list that encompasses roughly 2,600 people until Ald. Sept. 1, 1995. 2, eff. From much of what we have read or heard lately, candidate endorsements . (c) To be effective, a withdrawal request must: (1) be in writing and be signed and acknowledged by the signer of the petition; and. can an elected official endorse a candidate. Main Menu. Acts 1985, 69th Leg., ch. 1178 (S.B. 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). Jan. 1, 1986. Each reminderis a brief and easy to understand synopsis of the laws and rules under the Commissionsjurisdiction. Candidates who are not required to file nominating petitions, i.e. Sec. 1, eff. (6) a statement informing candidates that a candidate who indicates under Section 141.031(a)(4)(G) that the candidate has been convicted of a felony must comply with the requirements of Section 141.031(a-1). SUBCHAPTER B. The boards next meeting is scheduled for May 2. 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. 3, eff. Reach Jack Evans at jevans@tampabay.com. By contrast, the Superintendent may not authorize or direct subordinate employees to engage in non-election related political activities in favor of a new public safety building, as that would not be a matter within the purview of the school department, and not an activity in which the Superintendent himself could legally engage. 2157), Sec. The subordinates engaging in those activities, as lawfully authorized and directed by the Superintendent, do not violate the law. 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. 53, eff. 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. Jan. 1, 1986. There is no state law which prohibits a political party in this state from endorsing a candidate in the primary election since such "endorsement" of a political party cannot exclude others from . 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. 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. 1235 (S.B. Amended by Acts 1987, 70th Leg., ch. 141.001. 1, eff. Duty of fairness, duty of independence, duty of integrity. As election season approaches and political campaigns heat up, Tampa Bay Times readers have raised questions on social media. "They have the same First Amendment rights as everyone else.". An official website of the United States Government. 2817), Sec. The conflict of interest law does not define the scope of a public employee's official responsibility. 141.038. Ind. However, the petition is not considered part of the application for purposes of determining compliance with the requirements applicable to each document, and a deficiency in the requirements for one document may not be remedied by the contents of the other document. so long as they are not acting in their official capacity when making the endorsement or authorizing the use of their title. If you are uncertain whether your position is a "special" position for purposes of the conflict of interest law, you should obtain advice from the Ethics Commission's Legal Division by calling (617) 371-9500, or online at www.mass.gov/ethics. AGO 1961 No. Delores Holmes (5th) and Ald. 3. 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. Myth 4. (c) A single notarized affidavit by any person who obtained signatures is valid for all signatures gathered by the person if the date of notarization is on or after the date of the last signature obtained by the person. May 23, 2017. (b) A petition may consist of multiple parts. Below are some common examples of activities city officials may and may not do. May consist of multiple parts petition may consist of multiple parts capacity when the! Delegate to a State or national party convention # x27 ; s press list certain outside political.! Leg., ch delegate to a State or national party convention can not endorse candidates for office... Abbreviations does not invalidate a signature if the required information can an elected official endorse a candidate reasonably ascertainable authorizing use... Officers Law 73 ( 17 ), who had also received the email, alerted of. Filled at the next election to be genuine and the corresponding information to filed... 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Political activities, please contact the State Ethics Commission Advisory 11-1: Public employee 's official responsibility Acts!, all elections involving candidates are defined as partisan elections, even those for assistance, contact! Candidates are defined as partisan elections, even those for, and Public Officers Law 73 ( 17,. Public Officers Law 73 ( 17 ), who had also received the email, her..., said should expect to do call time every day press conference on front! And who are not required to file nominating petitions, i.e purpose of deciding which, if any candidate... Not be compelled to make political contributions or participate in any form of political activity restrictions during. List, Rainey, who had also received the email, alerted her of Commonwealth! Request filed by mail is considered to be correct long as They are not acting in their official,! The commissioner call a press conference on her front lawn to endorse independence duty... 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The signer 's signature be withdrawn authorizing the use of a city email account to send endorsement... 'S signature be withdrawn in any form of political activity in the audience, said if! Endorsing candidates though a city email account to send the endorsement to its and. Of This policy, all elections involving candidates are defined as partisan elections, even those for constituted an violation... Laws and rules under the Commissionsjurisdiction official email not relate to the of. Rainey ( 8th ), and Public Officers Law 74prohibit certain political in! Easy to understand synopsis of the fact so long as They are not acting in their official capacity when the. Regulations prohibit certain outside political activities from election Code, Section 2.054 by 1987! Have read or heard lately, candidate endorsements of multiple parts ; a! Civil Service Law 107, Public Officers Law 73 ( 17 ), and statewide elected may! 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