This is what the law says about Electioneering.
659:44-a Electioneering by Public Employees. – No public employee, as defined in RSA 273-A:1, IX, shall electioneer while in the performance of his or her official duties or use government property, including, but not limited to, telephones, facsimile machines, vehicles, and computers, for electioneering. For the purposes of this section, ""electioneer'' means to act in any way specifically designed to influence the vote of a voter on any question or office. Any person who violates this section shall be guilty of a misdemeanor.
Now that having been said, Atkinson has a rich but clandestine history of public officials, and employees electioneering, but intentionally, and in one case accidently.
1.) When Chief and selectman Sapia stand on the post office lawn to hold signs and wave to cars campaigning for Lt. Baldwin to be elected to school board, that is electioneering.
2.) When Jack puts Baldwin signs on town property, that is electioneering.
3.) When the chief comes into a selectmens meeting to urge everyone to vote for the wheelchair van the next day, that is electioneering.
4.) When Lt. Baldwin comes into a selectmen's meeting to advocate for the communications tower issue, that is electioneering.
5.) When Principal Webster advocates in the school newsletter for the kindergarten, that was electioneering, although she probably didn't know it at the time. (she is not a public official)
This is all wrong as it is using your official position to advocate foe a candidate or issue. However this blog is getting reports of phone calls being made by public officials, to get out the vote AGAINST the Vietnam Honor Roll panels article. THIS IS ILLEGAL!
So, in honor of this practice, this blog would like to keep track of the public pressure being brought to bear upon the voters in regards to this issue. We would appreciate a comment, whenever anyone is contacted by those advocating, or those opposing this issue. We would like to keep a public tally. This should be fun.
I would like to point out, just to clarify, Publius, that a selectman or police chief, acting on thier own, in a personal capacity, would not be electioneering.
ReplyDeleteHowever, if they use their official position to advocate for an issue, or candidate, that would violate the law.
It would also violate the law, if they used, any town resource or property, such as, a vehicle, town cable tv broadcast, a selectmen's meeting, the "Chief's Command Vehicle", The town's elderly affairs list, etc.
So you were right about standing on town property, on camera at selectmen's meetings, or discussing an elective issue while you are driving elderly to the polls, are all violations of law.
Reminds me of Richard Nixon claiming he was acting as head of the Republican Party rather than as President of the United States.
ReplyDeleteI have heard form many that the chief talks to elderly people about their votes when he is driving them to the polls. Can't prove it, but I believe it! This is why he shouldn't be driving them on election day.
ReplyDelete