September 1, 2011. (b) A statute outside this code supersedes Subsection (a) to the extent of any conflict. 614 (H.B. 141.066. See N.J.S.A. 864, Sec. 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. For more information, please see Election Year IssuesPDF. (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. DUTY OF LOCAL AUTHORITY TO VERIFY SIGNATURES. Their terms of office shall begin on March 1 following their appointment . 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contributed are owned or controlled by the minor, proceeds from a trust for which he or she is a beneficiary or funds withdrawn by the minor from a . Acts 1985, 69th Leg., ch. 52, eff. Not all political activity involves elections. to State Ethics Commission Advisory 11-1: Public Employee Political Activity. (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. If no candidate receives a majority of the votes at the primary election, the names of the two candidates receiving the highest number of votes will appear on the general election ballot. (c) The use of ditto marks or abbreviations does not invalidate a signature if the required information is reasonably ascertainable. Acts 2021, 87th Leg., R.S., Ch. (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. 211, Sec. 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the notice, the candidate's petition may be supplemented with signatures equal in number to the number of signatures withdrawn. (b) A municipality may not prohibit a municipal employee from becoming a candidate for public office. Consequently, a written or oral endorsement of a candidate is strictly forbidden. 1047 (H.B. And while elected officials have First Amendment free speech rights, a board meeting is a limited public forum, even for board members. 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. Can Elected Officials Endorse Candidates. 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. 22, eff. 141.037. Acts 1985, 69th Leg., ch. Code Ann. 614 (H.B. 2, eff. 1, eff. 211, Sec. Here's one from Hernando County: What are the rules outlining whether officials can endorse candidates or donate to political campaigns? 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. 1509), Sec. 141.061. Jan. 1, 1986. Sept. 1, 1995. 864, Sec. Acts 2013, 83rd Leg., R.S., Ch. Amended by Acts 1989, 71st Leg., ch. Personal loans within the agency. (f) The filing of an effective withdrawal request nullifies the signature on the petition and places the signer in the same position as if the signer had not signed the petition. (g) Except as otherwise provided by this code: (1) a candidate may not amend an application filed under Section 141.031; and. A 501(c)(6) can endorse federal or state candidates for public office. Not true. "Partisan affiliation" refers to a candidate or elected official's relationship to a particular party, not necessarily to a particular set of philosophical beliefs. 141.003. This subchapter applies to each petition filed in connection with a candidate's application for a place on the ballot. Sec. Naperville mayoral candidates Scott Wehrli and Benny White are in agreement on development, a sustainable future and finding an alternative to coal for electricity, but don't agree on affordable . 728, Sec. 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. county office candidates, pay a $50.00 filing fee to the County Clerk upon filing for office. Example:A question concerning legalizing medical use of marijuana will be on the statewide ballot at the next election. For example, the official responsibility of a state agency commissioner may be defined in the agency's enabling law. 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. 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. ELIGIBILITY FOR PUBLIC OFFICE. (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. This is inherently coercive because it is directed at subordinate employees, and violates the conflict of interest law. The organization may communicate the endorsement to its membership and share the endorsement with the organization's press list. May 23, 2017. 502, 503. Acts 1985, 69th Leg., ch. While they can't endorse candidates, churches and other 501 (c) (3) organizations can engage in a limited amount of lobbying - including on ballot measures - and advocate for or against issues that are in the political arena, the IRS says. The candidate receiving the highest number of votes at the general election is elected to office. Unless the petition is challenged, the authority is only required to review the petition for facial compliance with the applicable requirements as to form, content, and procedure. c. 268A. 141.002. Printable version. 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.". Jan. 1, 1986. And, of course, they keep their right to vote. NOTICE OF DEADLINES AND FILING METHODS. This Advisory is intended to summarize the State Ethics Commissions advice concerning compliance with the conflict of interest law and is informational in nature. Using New York State internet connections to forward e-mail messages received from a partisan campaign or someone supporting a partisan candidate. AGO 1961 No. (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. Sept. 1, 1987. (c) To be effective, a withdrawal request must: (1) be in writing and be signed and acknowledged by the signer of the petition; and. 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. 1, eff. 279 (H.B. A 501(c)(6) cannot endorse candidates for elected office. 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 . 1349, Sec. 54, Sec. Acts 2017, 85th Leg., R.S., Ch. (a) On the filing of an application for a place on the ballot, the authority with whom the application is filed shall review the application to determine whether it complies with the requirements as to form, content, and procedure that it must satisfy for the candidate's name to be placed on the ballot. 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. 2157), Sec. The omission of the zip code from the address does not invalidate a signature. Iowa However, the board failed to reach a quorum at the last scheduled meeting. (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). The corporation or labor organization may communicate with candidates for the purpose of deciding which, if any, candidate to endorse. Acts 2019, 86th Leg., R.S., Ch. 28, eff. However, they should be careful to avoid any appearance of impropriety, and should make sure that their endorsement is based on the candidate's qualifications and not on any personal or financial gain. (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. This article presents a call to action for nurse leaders, advice Learn more about the conflict of interest law, State Ethics Commission Advisory 11-1: Public Employee Political Activity. (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. The only exception to this is if the employee is authorized and directed by a superior elected or appointed policy-making public employee with the authority to engage in non-election-related political activities concerning matters within the purview of his agency to participate in such activities in support of the superior's own lawful political activity. 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. 211, Sec. The feedback will only be used for improving the website. The simple answer, according to Deputy Hernando County Attorney Jon Jouben: "There are none . Sept. 1, 1997. ANSWER: No. 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. (b) On request of the secretary of state, a county clerk shall ascertain from the records in the clerk's custody whether a signer of a petition filed with the secretary is shown to have voted in a particular election. Sept. 1, 1991; Acts 1993, 73rd Leg., ch. Ethics Reminders are issued to assist those subject to the Commissionsjurisdiction in understanding and complying with their obligations under the law. 141.031. 141.065. Sec. (d) The omission of the state from the signer's residence address does not invalidate a signature unless the political subdivision from which the signature is obtained is situated in more than one state. (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. "They have the same First Amendment rights as everyone else.". They may also use public resources to inform the public, as opposed to for purposes of advocacy, without violating the conflict of interest law. (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. 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. 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. Amended by Acts 1987, 70th Leg., ch. 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. 711 (H.B. Use this button to show and access all levels. A member does not have a free speech right to speak on matters that do not relate to the business of the body. For example, the corporation or labor organization may discuss issues with the candidate in . The authority's review of the challenge is limited to the specific items challenged and any response filed with the authority by the challenged candidate. Sept. 1, 1993. 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. Sims will complete his third and, due . (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. TITLE 9. 1, eff. The boards next meeting is scheduled for May 2. 427, Sec. Jan. 1, 1986. Esters complaint also addressed Holmes use of a city email account to announce her endorsement of Simmons in February. Amended by Acts 1989, 71st Leg., ch. (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. LIMITATION ON CHALLENGE OF APPLICATION. Transferred, redesignated and amended from Election Code, Section 2.054 by Acts 2021, 87th Leg., R.S., Ch. If you would like to continue helping us improve Mass.gov, join our user panel to test new features for the site. (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. 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. (a) Use his or her official authority or influence for the purpose of interfering with an election or a nomination of office or coercing or influencing another person's vote or affecting the result . Holmes has been accused of ethics violations regarding her use of a city email account to send out a candidate endorsement. (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. 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. The type of tax exemption determines whether an organization may endorse candidates for public office. (b) This section does not apply to an office filled at the general election for state and county officers. 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. GENERAL REQUIREMENTS FOR APPLICATION. (d) A determination under this section that an application complies with the applicable requirements does not preclude a subsequent determination that the application does not comply, subject to Section 141.034. Acts 2011, 82nd Leg., R.S., Ch. 1006 (H.B. Or labor organization may discuss issues with the candidate in her use of ditto marks abbreviations... Section does not apply to an office filled at the next election the organization & # x27 ; s list. Tax exemption determines whether an organization may communicate the endorsement to its membership and the! Concerning compliance with the organization & # x27 ; s press list the conflict of interest and! Candidate endorsement 2011, 82nd Leg., R.S., Ch election code, Section 2.054 by 1989... To send out a candidate is strictly forbidden prohibit a municipal Employee from becoming a candidate endorsement Commissionsjurisdiction in and. Pay a $ 50.00 filing fee to the County Clerk upon filing for office a! 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