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. 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.". Yes. APPLICABILITY OF SUBCHAPTER. Yes, elected officials are allowed to endorse candidates. ELIGIBILITY REQUIREMENTS FOR PUBLIC OFFICE. Sec. SUBCHAPTER A. Political fundraising is regulated by G.L. Amended by Acts 1987, 70th Leg., ch. (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. (c) The use of ditto marks or abbreviations does not invalidate a signature if the required information is reasonably ascertainable. We will use this information to improve this page. Therefore, by taking these actions, these policy-making public employees do not obtain or confer any unwarranted privileges of substantial value in violation of Section 23(b)(2)(ii). 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. A library director is expected to have a view on whether the public library should be expanded. Amended by Acts 1989, 71st Leg., ch. This article presents a call to action for nurse leaders, advice AFFIDAVIT OF CIRCULATOR. (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. 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. September 1, 2013. 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). County employees cannot take part in a campaign "while on duty, in uniform or while wearing Hernando County insignia," the manual says, nor can they campaign while on the clock. 469 (H.B. METHOD OF ACQUIRING SIGNATURE. September 1, 2011. 711 (H.B. Amended by Acts 1997, 75th Leg., ch. 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. September 1, 2007. Can Elected Officials Endorse Candidates. Sept. 1, 1993. 211, Sec. (2) was in litigation at any time during the seventh month immediately preceding that date. (b) If a person files more than one application for a place on a ballot in violation of this section, each application filed subsequent to the first one filed is invalid. 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. (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. It is common for community leaders, including elected officials, to show up at nonprofit programs and fundraising events. State offices may not be used for soliciting or collecting any political contributions. how many hours can a caregiver work. 141.033. Aug. 28, 1989; Acts 1991, 72nd Leg., ch. 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. Example:A rank and file police officer or firefighter may not, while on duty or in uniform, hold a sign supporting the construction of a new public safety building, and may not allow his or her official title and rank to be used in an advertisement, flyer or other materials distributed in support of the new building. Acts 2015, 84th Leg., R.S., Ch. 1735), Sec. Example:A question concerning legalizing medical use of marijuana will be on the statewide ballot at the next election. 3, eff. (g) Except as otherwise provided by this code: (1) a candidate may not amend an application filed under Section 141.031; and. 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. 141.067. (a) To be eligible to be a candidate for, or elected or appointed to, a public elective office in this state, a person must: (1) be a United States citizen; WITHDRAWAL OF SIGNATURE. Sec. 189698, February 22, 2010), "political offices" were interpreted to mean "elected public officials," who, "by the very nature of their office, engage in . Use this button to show and access all levels. In some states, political parties can endorse or designate primary election candidates. Candidates must appoint their official agent in writing and deliver the appointment (including the name and address of the person) to the Chief Election Officer as soon as practicable after . September 1, 2017. 95 (S.B. 96, eff. However, the board failed to reach a quorum at the last scheduled meeting. Sept. 1, 1997. Using New York State internet connections to forward e-mail messages received from a partisan campaign or someone supporting a partisan candidate. She said she had been accustomed to Outlook and was confused by the new system. Sec. An application for a place on the ballot, including an accompanying petition, is public information immediately on its filing. In Quinto vs. Comelec (G.R. Follow @JackHEvans. AGO 1961 No. 2817), Sec. 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. Nurses are experienced leaders, understand how to improve quality and access to care, and have the essential skills to be an elected official. This notification stirred me to think about the question Should elected party officials endorse candidates before the primary? . 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-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. (c) An offense under this section is a Class A misdemeanor unless the intimidation or coercion is a threat to commit a felony, in which event it is a felony of the third degree. 3107), Sec. The law also regulates the activities of former employees and business partners of current and former employees. No one knows your community or your group better than you do, and no one can better assess if a candidate than you can. 1509), Sec. (1) a candidate may not amend a petition in lieu of a filing fee submitted with the candidate's application; and. 4-15-2.2-44. 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. Not true. Jan. 1, 1986. Sec. 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 . (d) The refunding of filing fees for home-rule city offices may be regulated by the city charter, and those regulations supersede this section to the extent of any conflict. Sept. 1, 1995. (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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