[RP TownTalk] Countdown to the municipal elections to be held on May 6th - and what constitutes 'electioneering'?

Thu Mar 7 00:26:59 UTC 2013

Thank you for this statement and your continued willingness to "referee" on this list. It does clarify the rules matters.

Vern

Sent from my iPhone

On Mar 6, 2013, at 7:01 PM, Dwight Holmes <dwightrholmes at gmail.com> wrote:

> 
> 
> ---------- Forwarded message ----------
> From: Dwight Holmes <dwightrholmes at gmail.com>
> Date: Wed, Mar 6, 2013 at 5:11 PM
> Subject: Countdown to the municipal elections to be held on May 6th - and what constitutes 'electioneering'?
> To: Michelle Burns <mishburns at yahoo.com>
> 
> 
> "I shall not today attempt further to define the kinds of material I 
> understand to be embraced within that shorthand description [hard-core 
> pornography]; and perhaps I could never succeed in intelligibly doing 
> so. But I know it when I see it, and the motion picture involved in this case is not that."
> 
>                     --Justice Potter Stewart, in his concurring opinion in the case, Jacobellis v. Ohio, 378 U.S. 184 (1964).
> 
> As recently noted on this list, town policy calls for prohibition of "electioneering" on this list for the 60-day period leading up to an election.  As list moderator, I feel it incumbent on me to be as clear as possible as to what this means in practice: What are the criteria, the definitions that I will use as a guide?
> 
> I may, as Justice Potter so artfully articulated it, "know it when I see it," but ideally I should be able to state now, up front, what would and what would not constitute electioneering in my mind, so that all members of the list are clear about that.
> 
> On the surface, the meaning of electioneering seems clear enough.  Using online dictionaries, I find these definitions:
> 
> electioneer: to work for the success of a particular candidate, party, ticket, etc., in an election.
> 
> electioneering:
>      n 1: persuasion of voters in a political campaign
>      2: the campaign of a candidate to be elected
> 
> If a candidate were to post anything along the lines of "I did this," "This happened under my watch," "What I want for Riverdale Park in the next 5 years is..." etc. - that would clearly be electioneering. (The same would apply to anyone else who wrote similar things on behalf of/in support of a candidate.) 
> 
> The rub comes, I believe, when a topic is introduced by someone who is neither a candidate nor an overt supporter of any particular candidate, but the topic itself calls for or leads to discussion of things which involve decisions (or indecisions), achievements (or lack thereof), a vision of what the town should (or should not) be, etc. -- any of which could be part of a debate in this election.  Recent discussions about the property on Rt 1 are a perfect example.  It's challenging to have an official of the town or a candidate for town office participate in a substantive discussion regarding matters like this that are a part of current town deliberations and avoid any potential appearance of electioneering.
> 
> Unfortunately, adherence to this policy will also mean loss of some of the richness that we get on this list.  Current councilmembers and the Mayor will have to keep any responses they make to questions that are posted here short.  In the spirit of Jack Webb/Sgt Friday (of Dragnet), "just the facts, ma'am."  If someone asks "Did such and such pass at last night's council meeting?" it would be totally appropriate to answer "Yes, it did."  It would obviously be out of bounds to add four more paragraphs taking credit for its passage and all the good things that will come to the town from this and (even unspecified) future acts if you vote to reelect me.  
> 
> It must also be said that it's incumbent on those of us who don't hold office in the town, and who aren't running for office, or campaigning for anyone who is, to refrain from asking questions (or making charges) that cannot be answered or responded to by the candidates! This is not the time to ask "Why has Situation X been allowed to fester with no one trying to do anything about it for five long years now - why hasn't the town fixed this problem?" If incumbent officials can't answer your question without breaking the rule (or the spirit) of no electioneering - then this is not the time or the forum for your question!
> 
> But, of course, inevitably, there will be grey areas, between, for example,  "Yes, it did," and the four-page screed.  And so, in the end, I will have to play Justice Potter - I will know when I see it, and I will act accordingly.  I am confident, however, that if every one uses common sense, I won't need my Justice Potter hat.
> 
> For those interested in the language of the town's policy on electioneering, here it is:
> 
> The town has established this policy regarding electioneering on TownTalk:
> 
> Email List Electioneering Policy
> 
> "Electioneering shall be prohibited on any e-mail list supported by the
> Town of Riverdale Park. For these e-mail lists, electioneering is
> defined as an attempt to influence how people will vote on a ballot
> issue or candidate in an upcoming election. Electioneering on the
> e-mail lists shall only be regulated for sixty days before an
> election. The e-mail list administrator shall ensure that
> electioneering does not occur. The list administrator has the
> authority to delegate their responsibility for administering policy.
> List members who wish to appeal decisions under this policy shall
> appeal decisions to the list administrator. An appeal of the list
> administrator's decision can be made to the town administrator. The
> decision of the town administrator is final.
> 
> "The list administrator or town staff will post information pertaining
> to the election to the Town's official website and do so in
> conjunction with the public posting of the notice of candidates. This
> posting shall include the full list of candidates whose qualifications
> have been verified by the judges of election in accordance with §29-12
> of the Riverdale Park Town Code. The posting on the Town website shall
> include a candidate's name and street address. In addition, if
> provided by the candidate, contact information will be included in the
> posting. Contact information is limited to a telephone number, an
> e-mail address, and a web site address. A notice will be posted to
> Town Announce stating the availability of this information."
> 
> The above resolution was passed by the Town of Riverdale Park council
> on April 2, 2007.
> 
> 
> Dwight Holmes
> List Moderator
> 
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