September 1, 2021. 141.062. 211, Sec. This article presents a call to action for nurse leaders, advice 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. Acts 2019, 86th Leg., R.S., Ch. The Commission periodically releases Ethics Reminders. 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 police or fire chief is expected to take a position on whether a new public safety building is needed. The political activity restrictions apply during the entire time of an employee's federal service . Any action prohibited by the campaign finance law will generally be considered "unwarranted" for purposes of Section 23(b)(2)(ii). September 1, 2021. September 1, 2021. 82, eff. Acts 1985, 69th Leg., ch. It is not a substitute for advice specific to a particular situation, nor does it mention every aspect of the law that may apply in a particular situation. 254 (H.B. 4-15-2.2-44. Below are some examples of actions that elected officials and policy-makers may take with respect to ballot questions, consistent with the conflict of interest law. 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. 1, eff. (b) To withdraw a signature, the signer must request that the signer's signature be withdrawn. (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. The organization may communicate the endorsement to its membership and share the endorsement with the organization's press list. See Rule 1.3. Amended by Acts 1989, 71st Leg., ch. Acts 2021, 87th Leg., R.S., Ch. 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). 2000, c. 791; 2002, c. 886; 2009, c. 306; 2015, cc. September 1, 2021. 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). 7.08, eff. It is common for community leaders, including elected officials, to show up at nonprofit programs and fundraising events. Elected officials may endorse candidates running for office, the Evanston Board of Ethics decided at a Tuesday meeting. HIGHLIGHTS. ELECTIONS - POLITICAL PARTIES - ENDORSEMENT OF CANDIDATES IN PRIMARY ELECTION. Jan. 1, 1986. Amended by Acts 1987, 70th Leg., ch. Myth 4. Knowing the key tasks to running a campaign is critical to achieving an elected office role. Attorney General John J. O'Connell. 3107), Sec. Twitter: @kristinakarisch. Such solicitations are inherently coercive because they are targeted at persons doing business with the candidate's agency, who are subject to his official authority. Not all endorsements are created equal. 211, Sec. 910), Sec. 504 (H.B. (b) A municipality may not prohibit a municipal employee from becoming a candidate for public office. 95 (S.B. 3A.03, eff. 1135), Sec. 79, eff. Sandoval and Mayor Schieve as well as other elected officials can endorse candidates and give words of support on mailers and websites and in video ads. 711 (H.B. Jan. 1, 1986. Sec. (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. (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. 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. 1, eff. 728, Sec. 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. Please limit your input to 500 characters. Esters complaint also addressed Holmes use of a city email account to announce her endorsement of Simmons in February. 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. Holmes said she went to the citys IT department for help to compile a contact list and send the email. 1, eff. 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. 85 - Dec 20 1961. 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 Commissions outside activity regulations. April 19, 2017. (a) In this section, "candidate" has the meaning assigned by Section 251.001(1), Election Code. Political fundraising is regulated by G.L. 484), Sec. Here's one from Hernando County: What are the rules outlining whether officials can endorse candidates or donate to political campaigns? 141.061. 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. 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. LIMITATION ON CHALLENGE OF APPLICATION. (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; Jan. 1, 1986. (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. State offices may not be used for soliciting or collecting any political contributions. Sept. 1, 1997. 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. N.J.A.C. Acts 1985, 69th Leg., ch. But I stand . (g) Except as otherwise provided by this code: (1) a candidate may not amend an application filed under Section 141.031; and. Circulating a candidate's nominating petition within your office; Using the computer in your office after work to produce a brochure in support of a candidate's campaign; Sending e-mail invitations to campaign events to friends within the agency; 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. 16(b), eff. A classified employee may not be compelled to make political contributions or participate in any form of political activity. 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 . 1235 (S.B. May 23, 2017. A 501(c)(6) can endorse federal or state candidates for public office. (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. Appointment, qualifications, and terms of officers of election. As election season approaches and political campaigns heat up, Tampa Bay Times readers have raised questions on social media. 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. Thank you for your website feedback! 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. herman's coleslaw recipe. . 554, Sec. (d) Subsection (a)(6) does not apply to a member of the governing body of a district created under Section 52(b)(1) or (2), Article III, or Section 59, Article XVI, Texas Constitution. CHAPTER 141. Example:A full-time municipal employee may not (even as an unpaid volunteer) sign a municipal campaign finance report to be filed with the town clerk, nor could he be paid to help prepare the report even if he did not sign or deliver it. (a) If, since the most recent gubernatorial general election, a district or precinct from which an officer of the federal, state, or county government is elected is created or has had its boundary changed, the number of votes received in the district or precinct by a political party's gubernatorial candidate or by all the gubernatorial candidates shall be estimated, as provided by this section, for the purpose of computing the number of signatures required on a candidate's petition. (b) This section does not apply to a determination of a candidate's eligibility. No. In other cases, it means that a political party can directly nominate a candidate to the primary ballot, usually via . 1735), Sec. METHOD OF ACQUIRING SIGNATURE. Amended by Acts 1997, 75th Leg., ch. (c) This section does not apply to candidacy for the office of president or vice-president of the United States and another office. (2) was in litigation at any time during the seventh month immediately preceding that date. 28, eff. Holmes claimed at the meeting that she did not intend to send the endorsement through her official email. 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. There is no issue with an elected official endorsing a public candidate, said Karena Bierman, a board member, who presented the boards findings at the end of the meeting. 1349, 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. Sept. 1, 1993; Acts 1997, 75th Leg., ch. 4A:10-1.2 Political activity. 2, eff. Municipalities vary in how they define the official responsibilities of particular positions. 1073), Sec. Ann Rainey (8th), who had also received the email, alerted her of the fact. 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 . Acts 1985, 69th Leg., ch. The rating of candidates, even on a nonpartisan basis, is also prohibited. 4-15-2.2-45. Sec. Candidates who are not required to file nominating petitions, i.e. 211, Sec. Ind. Iowa 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. 53, eff. Sec. Main Menu. Sept. 1, 1995. (a-2) Subsection (a-1) does not apply to a person displaced from the person's residence due to a declared local, state, or national disaster. September 1, 2015. (b) A claim for a refund of a filing fee must be presented to the authority with whom the candidate's application for a place on the ballot is filed. (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. 2157), Sec. 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. 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. 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. (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. (2) has a legal right and the practical ability to return to the residence. email. A library director is expected to have a view on whether the public library should be expanded. Acts 2011, 82nd Leg., R.S., Ch. 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 that reason, elected officials do not obtain or confer unwarranted privileges of substantial value by engaging in such activities, and therefore do not violate Section 23(b)(2)(ii) of the conflict of interest law. Because the conflict of interest law does not define it, the Commission's Legal Division will not advise on the scope of a public employee's official responsibility and will refer the employee to agency or municipal counsel for a determination as to whether the public employee is in a relevant policy-making position with respect to a particular ballot question. 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. Using New York State internet connections to forward e-mail messages received from a partisan campaign or someone supporting a partisan candidate. VALIDITY OF PETITION. The board ended up deciding that endorsing candidates though a city email constituted an ethics violation. An individual who is under 18 years old may make contributions to candidates and political committees, subject to limitations, if:. Consequently, a written or oral endorsement of a candidate is strictly forbidden. Professional and other staff members who do not determine policy and who are subject to the control of elected officials need not be elected. 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. (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. Sec. VALIDITY OF SIGNATURE. Acts 1985, 69th Leg., ch. Follow @JackHEvans. 94, eff. September 1, 2021. Acts 2011, 82nd Leg., R.S., Ch. 4555), Sec. CANDIDATES. Kristina Karisch, Assistant City EditorApril 19, 2017. 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. 864, Sec. An employee's position or title should not be used to coerce; to endorse any product, service or enterprise; or to give the appearance of governmental sanction. 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. (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. Acts 2015, 84th Leg., R.S., Ch. 1, eff. 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). Ethical norms that have previously been assumed now need to be fixed into law. (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. ELIGIBILITY FOR PUBLIC OFFICE. Jan. 1, 1986. 1, eff. Officers must be elected at least every 3 years in local unions, at least every 4 years in intermediate bodies, and at least every 5 years in national and international unions. 12, eff. Suggestions are presented as an open option list only when they are available. 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 . (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 . Transferred, redesignated and amended from Election Code, Section 2.054 by Acts 2021, 87th Leg., R.S., Ch. These include: Elected officials endorsing across party lines Sept. 1, 1997. This is inherently coercive because it is directed at subordinate employees, and violates the conflict of interest law. 614 (H.B. Specifically, elected officials and appointed policy-makers may take official actions concerning ballot questions relating to their particular areas of official responsibility. 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. Acts 2017, 85th Leg., R.S., Ch. Please limit your input to 500 characters. 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. 54, eff. Acts 2017, 85th Leg., R.S., Ch. 141.037. A corporation or labor organization may endorse a candidate and may communicate the endorsement to the general public. (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. (1) a candidate may not amend a petition in lieu of a filing fee submitted with the candidate's application; and. 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. 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. Review in the district court is by trial de novo, and the court's decision is not appealable. Acts 1985, 69th Leg., ch. 1164 (H.B. 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. (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. 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. 80, eff. 141.040. OFFICIAL APPLICATION FORM. (M) a public mailing address at which the candidate receives correspondence relating to the candidate's campaign, if available, and an electronic mail address at which the candidate receives correspondence relating to the candidate's campaign, if available. The body holds up to two voting rounds, and any candidate who doesn't get at least 15% of the vote in the first round is eliminated from the second. These principles apply to all persons holding appointed policy-making positions, including appointed municipal board members, regarding non-election-related political activities concerning matterswithin their official responsibility. 78, eff. (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. 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