Vallas, 69, and Johnson, 46, will face off five weeks from now in the April 4 runoff to decide who will become the 57th mayor of Chicago. Acts 1985, 69th Leg., ch. 1047 (H.B. 469 (H.B. These include: Elected officials endorsing across party lines Civil Service Law 107, Public Officers Law 73(17), and Public Officers Law 74prohibit certain political activity in the workplace. Sept. 1, 1997. (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. Delores Holmes (5th) speaks at a Board of Ethics meeting on Tuesday. Example:A Superintendent of Schools may authorize and direct subordinates to engage in non-election-related political activities in favor of a new school in furtherance of the superintendent's own lawful advocacy for the new school as an appointed policy-maker acting within the purview of his own agency. 1, eff. This Advisory Supersedes Advisory 84-01: Political Activity. However, the board failed to reach a quorum at the last scheduled meeting. 1509), Sec. Sept. 1, 1997. Transferred, redesignated and amended from Election Code, Section 2.054 by Acts 2021, 87th Leg., R.S., Ch. Each electoral board at its regular meeting in the first week of February of the year in which the terms of officers of election are scheduled to expire shall appoint officers of election. FORM OF NAME CERTIFIED FOR PLACEMENT ON BALLOT. In some states, political parties can endorse or designate primary election candidates. 254 (H.B. Elected officials are presumed to hold policy-making positions and, thus, may engage in the same non-election-related political activities as public employees in appointed policy-making positions. (e) The signer must deliver a copy of the withdrawal request to the candidate when the request is filed. . An elected official generally may, in his official capacity, engage in non-election-related political activities concerning any matter. Esters complaint also addressed Holmes use of a city email account to announce her endorsement of Simmons in February. The federal tax law is very strict on the issue of political campaigning: A 501 (c) (3) organization is absolutely forbidden to directly or indirectly participate in any political campaign on behalf of (or in opposition to) any candidate for elective public office. By contrast, while elected officials may not use their board or agency name in such advertisements, they may use their individual titles, see Section 4 below. (2) are to be voted on at one or more elections held on the same day. 1, eff. September 1, 2013. 85 - Dec 20 1961. Acts 2017, 85th Leg., R.S., Ch. Sec. (b) A municipality may not prohibit a municipal employee from becoming a candidate for public office. ELECTIONS - POLITICAL PARTIES - ENDORSEMENT OF CANDIDATES IN PRIMARY ELECTION. This subchapter applies to each petition filed in connection with a candidate's application for a place on the ballot. 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. Elected officials and city staff should understand Public Disclosure Commission (PDC) guidelines before participating in any elections activities, including taking a position on a ballot measure or endorsing a candidate for political office. Attorney General John J. O'Connell. 95 (S.B. 417), Sec. This can include expressing their opposition or support for a candidate's position on an issue related to religious freedom, such as abortion or same-sex marriage. Policy makers, heads of State agencies, and statewide elected officials are prohibited from engaging in certain outside political activities whether the person serves on an unpaid or per diem basis as specified in Part 932.4 of the Commission's outside activity regulations. 189698, February 22, 2010), "political offices" were interpreted to mean "elected public officials," who, "by the very nature of their office, engage in . 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. Such scope may be defined by applicable statute, precedent, bylaw, job description or practice. 4-15-2.2-45. 4555), Sec. endorsing candidates, measures, etc.) Please limit your input to 500 characters. OFFICIAL APPLICATION FORM. 54, Sec. Learn more about the conflict of interest law, State Ethics Commission Advisory 11-1: Public Employee Political Activity. 141.034. (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). September 1, 2021. Ind. Acts 2021, 87th Leg., R.S., Ch. can an elected official endorse a candidate. 1349, Sec. As election season approaches and political campaigns heat up, Tampa Bay Times readers have raised questions on social media. (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; 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 . Candidates must appoint their official agent in writing and deliver the appointment (including the name and address of the person) to the Chief Election Officer as soon as practicable after . 107, Sec. AGO 1961 No. 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 candidate asks if they can use the board member's title, and the board member agrees. The political activity restrictions apply during the entire time of an employee's federal service . Amended by Acts 1987, 70th Leg., ch. APPLICATION FOR PLACE ON BALLOT. For example, a section 501 (c) (3) organization may not publish or distribute printed statements or make oral statements on behalf of, or in opposition to, a candidate for public office. Political fundraising is regulated by G.L. Page Last Reviewed or Updated: 04-Nov-2022, Request for Taxpayer Identification Number (TIN) and Certification, Employers engaged in a trade or business who pay compensation, Electronic Federal Tax Payment System (EFTPS), Treasury Inspector General for Tax Administration, EO Operational Requirements: Endorsing Candidates for Public Office. 7.07, eff. According to the manual, a county employee can't "use his/her official authority or influence" in an endorsement, which Jouben explained to mean that an official can't demand that his or her staffers donate to a particular campaign, for example. . Amended by Acts 1997, 75th Leg., ch. 1, eff. 94, eff. 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. Sec. 1, eff. Sec. 3107), Sec. September 1, 2021. 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). (2) the last day on which a candidate may file the application, if this code does not designate a first day on which the candidate may file the application. 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. Aug. 28, 1989; Acts 1991, 72nd Leg., ch. (c) A signature on a candidate's petition is invalid if the signer signed the petition subsequent to signing a petition of another candidate for the same office in the same election. Betty Ester, a 5th Ward resident, first submitted a complaint to the city March 15 alleging that four City Council members Mayor Elizabeth Tisdahl, Ald. Can a tax-exempt organization endorse candidates for public office? CHAPTER 141. Jan. 1, 1986. wear a public employee uniform while performing campaign tasks or urging support for a particular candidate or measure. Please limit your input to 500 characters. (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. Yes, but be careful. 614 (H.B. 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. 711 (H.B. It may vote to take a position on the ballot question, and issue an official statement reporting that position. Acts 2013, 83rd Leg., R.S., Ch. 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 . 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. 502, 503. 141.065. 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. Sept. 1, 1997. (b) If a person files more than one application for a place on a ballot in violation of this section, each application filed subsequent to the first one filed is invalid. An application for a place on the ballot, including an accompanying petition, is public information immediately on its filing. Please remove any contact information or personal data from your feedback. (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. 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. 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. Example:A question concerning legalizing medical use of marijuana will be on the statewide ballot at the next election. The benefits, whatever they are, are small compared to the costs of undermining public confidence and trust in government. 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. 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. 4, eff. 51, eff. 28, eff. 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. If the event isn't explicitly tied to a political party and doesn't expressly endorse specific candidates for office . (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. Endorse a candidate or contribute to a campaign with money or time: 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. Personal loans within the agency. (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. See Rule 1.3. A classified employee may not be compelled to make political contributions or participate in any form of political activity. 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. 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. 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. 828 (H.B. Before the third day after the date the candidate receives the notice, the candidate's petition may be supplemented with signatures equal in number to the number of signatures withdrawn. Amended by Acts 1989, 71st Leg., ch. April 19, 2017. (e) The signer's residence address and registration address are not required to be the same if the signer would otherwise be able to vote for that office under Section 11.004 or 112.002. Professional and other staff members who do not determine policy and who are subject to the control of elected officials need not be elected. Sec. * Under this canon, a judge may publicly endorse or oppose a candidate for judicial office. September 1, 2017. Acts 2017, 85th Leg., R.S., Ch. ELIGIBILITY REQUIREMENTS FOR PUBLIC OFFICE. Sec. No. 4A:10-1.2 Political activity. 211, Sec. Myth 4. NOTICE OF DEADLINES AND FILING METHODS. Elected public employees are also not prohibited by the conflict of interest law from referring to or identifying themselves by their official titles in campaigning for reelection or for election to new office, as well as in political fundraising activities, whether for themselves or others. 141.001. Any action prohibited by the campaign finance law will generally be considered "unwarranted" for purposes of Section 23(b)(2)(ii). WITHDRAWAL OF SIGNATURE. Twitter: @kristinakarisch. A 501(c)(6) cannot endorse candidates for elected office. This law, also known as the Little Hatch Act, prohibitscertain political activities and against improper influence. 23, eff. (c) An authority shall designate an e-mail address in the notice required by this section for the purpose of filing an application for a place on the ballot under Section 143.004. 2157), Sec. 141.001. 82, eff. (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. (1) a candidate may not amend a petition in lieu of a filing fee submitted with the candidate's application; and. ELIGIBILITY FOR PUBLIC OFFICE. See N.J.S.A. This section of this Advisory describes the restrictions on non-election-related political activity under the conflict of interest law. We will use this information to improve this page. Sec. 5 C.F.R. Yes, elected officials are allowed to endorse candidates. Ann Rainey (8th), who had also received the email, alerted her of the fact. 3107), Sec. 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. (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. Sec. Ald. (3) the candidate's application for a place on the ballot is determined not to comply with the requirements as to form, content, and procedure that it must satisfy for the candidate's name to be placed on the ballot. (b) This section does not apply to an office filled at the general election for state and county officers. 4555), 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. 96, eff. APPLICATION AS PUBLIC INFORMATION. May 23, 2017. 828 (H.B. (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. (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. 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