(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. 614 (H.B. Sec. 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. Aug. 30, 1993; Acts 1995, 74th Leg., ch. A library director is expected to have a view on whether the public library should be expanded. APPLICATION AS PUBLIC INFORMATION. 1970), Sec. DUTY OF LOCAL AUTHORITY TO VERIFY SIGNATURES. 1349, Sec. OFFICIAL APPLICATION FORM. Civil Service Law 107, Public Officers Law 73(17), and Public Officers Law 74prohibit certain political activity in the workplace. 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. 141.003. A police or fire chief is expected to take a position on whether a new public safety building is needed. Code Ann. Acts 2007, 80th Leg., R.S., Ch. The rating of candidates, even on a nonpartisan basis, is also prohibited. 141.037. 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. In some states, political parties can endorse or designate primary election candidates. 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. 726 (H.B. 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. 1235 (S.B. 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. 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. Sec. . can an elected official endorse a candidate. (2) the authority with whom the application is filed may not accept an amendment to an application filed under Section 141.031. 54, Sec. 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. 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. (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. A classified employee may not be compelled to make political contributions or participate in any form of political activity. September 1, 2021. 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. (e) The signer must deliver a copy of the withdrawal request to the candidate when the request is filed. 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 . Therefore, such solicitations violate the conflict of interest law. (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. 1, eff. c. 55, the campaign finance law. 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. WITHDRAWAL OF SIGNATURE. 484), Sec. 711 (H.B. He could use his subordinates' work time and department funds (if consistent with the department's budget and municipal policy) to prepare and distribute a flyer supporting the new public safety building. 53, eff. 85 - Dec 20 1961. 95, eff. 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. 1, eff. 4555), Sec. 96, eff. 864, Sec. 910), Sec. (2) was in litigation at any time during the seventh month immediately preceding that date. CHAPTER 141. Acts 1985, 69th Leg., ch. Can Elected Officials Endorse Candidates. Review in the district court is by trial de novo, and the court's decision is not appealable. The candidate receiving the highest number of votes at the general election is elected to office. Sept. 1, 1997. This is because a policy-maker's use of his official title, public work time and other public resources for that purpose, if within the purview of or affecting his agency, is within his responsibilities and therefore not unwarranted under Section 23(b)(2)(ii). From much of what we have read or heard lately, candidate endorsements . That goes for both elected officials and county employees, Jouben said. April 19, 2017. Sec. (c) A challenge must state with specificity how the application does not comply with the applicable requirements as to form, content, and procedure. wear a public employee uniform while performing campaign tasks or urging support for a particular candidate or measure. Sims will complete his third and, due . 728, Sec. Sept. 1, 1993; Acts 1997, 75th Leg., ch. I have seen the more political a nonprofit gets, the farther away it can drift from its mission; and the game of politics makes it difficult to remain a mission-driven elected official. Acts 2019, 86th Leg., R.S., Ch. (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. Sec. Acts 2021, 87th Leg., R.S., Ch. 1, eff. Sec. 141.036. (a) A person commits an offense if by intimidation or by means of coercion the person influences or attempts to influence a person to: (1) not file an application for a place on the ballot or a declaration of write-in candidacy; or. 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. An official website of the United States Government. EFFECT OF BOUNDARY CHANGE ON RESIDENCE REQUIREMENT FOR PRECINCT OFFICE. Amended by Acts 1997, 75th Leg., ch. 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. The conflict of interest law does not define the scope of a public employee's official responsibility. No one knows your community or your group better than you do, and no one can better assess if a candidate than you can. (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. 2817), Sec. (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. 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. 141.034. 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. 2, Sec. 728, Sec. The omission of the zip code from the address does not invalidate a signature. Similarly, a public schools superintendent may, in her official capacity, seek to convince the municipal government, including the town meeting, to support a new public school, but not to support a new public safety building or public library, which are outside of the purview of the school department. Using New York State internet connections to forward e-mail messages received from a partisan campaign or someone supporting a partisan candidate. Otherwise, they're free to donate and endorse as they please. Acts 2013, 83rd Leg., R.S., Ch. If elected to a federal or state public office, a classified employee is considered to have resigned from state service on the date the person takes office. 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 . (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. Peter Braithwaite (2nd), Ald. 469 (H.B. (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. (1) a candidate may not amend a petition in lieu of a filing fee submitted with the candidate's application; and. 828 (H.B. The IRS is responsible for investigating and enforcing internal revenue laws and violations of tax law. (g) Except as otherwise provided by this code: (1) a candidate may not amend an application filed under Section 141.031; and. CANDIDATES. Ann Rainey (8th), who had also received the email, alerted her of the fact. 2, eff. Duty of fairness, duty of independence, duty of integrity. (4) before the petition is filed, verify each signer's registration status and ascertain that each registration number entered on the petition is correct. 211, Sec. ELIGIBILITY REQUIREMENTS FOR PUBLIC OFFICE. Sec. The simple answer, according to Deputy Hernando County Attorney Jon Jouben: "There are none. A candidate approaches a planning commission board member and asks for their endorsement. May 23, 2017. May 23, 2017. September 1, 2015. Pastors, Not the Gov't, Should Decide When They Can Speak About Candidates From the Pulpit - Christian Post Minnesota Pastors Plan to Endorse Candidates From the Pulpit - Minnesota Independent. "They have the same First Amendment rights as everyone else.". (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. Please remove any contact information or personal data from your feedback. (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. In addition to the other statements and spaces for entering information that appear on an officially prescribed form for an application for a place on the ballot, each official form for an application that a candidate is required to file under this code must include: (1) a space for indicating the form in which the candidate's name is to appear on the ballot; (2) a space for the candidate's public mailing address; (3) spaces for the candidate's home and office telephone numbers and e-mail address at which the candidate receives correspondence relating to the candidate's campaign; (4) a statement informing candidates that the furnishing of the telephone numbers is optional; (5) a statement informing candidates that knowingly providing false information on the application under Section 141.031(a)(4)(G) constitutes a Class B misdemeanor; and. 141.101. GENERAL REQUIREMENTS FOR APPLICATION. This Advisory is intended to summarize the State Ethics Commissions advice concerning compliance with the conflict of interest law and is informational in nature. 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. 7.08, eff. 1593), Sec. 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. An official website of the Commonwealth of Massachusetts, This page, State Ethics Commission Advisory 11-1: Public Employee Political Activity, is. Please do not include personal or contact information. 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