TOWN OF AUBURN CANDIDATES’ GUIDE TO CAMPAIGN PRACTICES Published by Debra A. Gremo Town Clerk 2017 TABLE OF CONTENTS Election Calendar…………………………………………………………...1 Nomination Papers …………………………………………………………1 Political Advertising………………………………………………………..2 Campaign Finances…………………………………………………………3 Forbidden Conduct…………………………………………………………4 Campaigning on Election Day….………………………………………….4 Public Observation………………………………………………………....5 INTRODUCTION This booklet is provided to give basic information about campaign practices for individuals seeking elected office in the Town of Auburn. Massachusetts General Laws and how they pertain to location elections are outlined within this material. While legal references are included, more detailed information may be obtained by contacting the Town Clerk’s Office at 508-832-7701. For information concerning campaign finance issues, contact the Office of Campaign and Political Finance, One Ashburton Place, Room 411, Boston, Ma 01208 Phone: 1-800-462-OCPF Web site: Mass.gov/ocpf Election Calendar 2017 TUESDAY, MAY 2, 2017 TUESDAY, MAY 16, 2017 Annual Town Meeting Annual Town Election 7:00 PM in High School Auditorium 8 AM to 8 PM Precincts 1,2,3,4, and 5 in the High School Gym NOMINATION PAPERS In order to be considered a candidate for elected office in the Town of Auburn, individuals must first request nomination papers for the office sought from the Town Clerk. The candidate must do this in person or give another individual written permission to request nomination papers for him/her. Once nomination papers are issued, the candidate must obtain fifty (50) signatures of registered voters in Auburn. Town Meeting Member candidates must obtain ten (10) signatures of registered voters in their precinct. It is a good idea to obtain more signatures than are required. Signed nomination papers must be filed at the Town Clerk’s Office for certification by Registrars’ before the deadline indicated on the Election Calendar and on each nomination paper. The Town Clerk may distribute nomination papers only to candidates or to persons presenting signed authorizations from candidates seeking nomination to an elected office. The candidate’s name, his/her residence with street and number, and the office that he/she seeks, will be typed on all nomination papers. If the candidate is an incumbent, nomination papers will indicate that he/she is a candidate for re-election. Gathering Signatures Soliciting signatures in the public areas of a municipal building is permissible if conducted in an unobtrusive manner. Candidates are forbidden to leave nomination papers or petitions on desks or counters in municipal offices to obtain required signatures. Signatures for nomination papers or petitions may not be gathered within one hundred fifty (150) feet of the entrance to any polling place at any election. Withdrawals and Objections When nomination papers are filed, they are considered valid unless written objections are made to them and filed with the Town clerk within two weekdays after the filing deadline date. The Town Clerk transmits written objections to the Board of Registrars, who must render a decision within four days after the last day to file objections. A candidate may withdraw his/her name from nomination by filing a written request, which has been duly acknowledged by him/her before a notary public, with the town clerk after the filing deadline and at least 33 days before the election. 1 Public Records Nomination papers, objections and withdrawals are public records and are open to public inspection. They will be preserved in the town clerk’s office for one year from the filing date. POLITICAL ADVERTISING All printed political advertisements, whether in the form of a poster, a circular, or an advertisement in a periodical, must include information about its source. The name(s) of someone responsible for the contents must be printed on the advertisement. This can be the NAME(S) of: The chairman and treasurer of the campaign committee The names of two other officers of the campaign committee The names and residential address of one or more persons eighteen years of age or older. Also, advertisements in newspapers and periodicals have the following additional requirements: The word “advertisement” must precede the political advertisement and be in type not smaller than that of the body type. A statement in substantially the following form must be submitted to the periodical: “I hereby authorize the affixing of my name to the attached political advertisement on behalf of or in opposition to ____________, candidate for ________________, in the election to be held in the current year, or on behalf of or in opposition to a question being submitted to the voters in the election in the current year..” Witness: Signature: Address: Date: Witness’ Signature This statement must be signed in the presence of a witness and the periodical printing the advertisement must retain the statement for a least a year for public perusal. (Legal reference: M.G.L. Chapter 56, sections 39, and 41) What Political Advertisements Must Not Include 2 Unless the candidate is a veteran as defined by Massachusetts General Laws Chapter 4 sec. 7, he/she may not use the word veteran as applied to himself/herself in any printed matter. No one may knowingly publish any false statement regarding a candidate or question submitted to the voters if the statement is designed to help or hinder that candidate or question. Violations of these sections should be brought to the attention of the Office of Campaign and Political Finance. Campaign signs, posters, etc. Auburn zoning by-law that applies to political signs is as follows: Political signs are allowed on private property for a period beginning 30 days before an elections. All signs must be removed within seven days following an election. Signs shall be no more than 12 square feet in area. Violation of this by-law will result in issuance, by the Department Inspectional Services, of a $50.00 citation for each violation. Each violation for each day shall constitute a separate offense. Questions concerning the sign by-law should be directed to the Department of Inspectional Services. Phone: 508-832-7719 No poster, card, handbill, placard, picture or circular intended to influence the action of the voter shall be posted, exhibited, circulated or distributed in the polling place, in the building where the polling place is located, on the walls thereof, on the premises on which the building stands, or within one hundred fifty (150) feet of the building entrance door to such polling place. Also, any candidate, member of ballot committee, or their workers is prohibited from remaining within 150 feet of a polling place. No posters or stickers may be posted, circulated or distributed within 150 feet and no person shall collect signatures on petitions or nomination papers within 150 feet of the entrance to the polls. (Legal reference: M.G.L. Chapter 54, section 65) CAMPAIGN FINANCES Chapter 55 of the Massachusetts General Laws covers all aspects of campaign finance law for state and local elections. The Office of Campaign and Political Finance has prepared comprehensive guides on campaign finance activities as they relate to local candidates, political action committees (PAC’s), ballot questions committees, town political party committees, and public employees. For detailed information, consult the Campaign finance guides at mass.gov/ocpf. Statement of Organization of a Political Committee Although a candidate is not required by law to have a campaign committee, many candidates organize one on their behalf. Public employees who run for elected office 3 must organize a committee if they intend to raise any money. That committee would handle all fundraising. No political committee may raise or spend any money until its treasurer has qualified for the office of treasurer by completing, signing and filing a statement of organization with the Town Clerk’s office. Candidates for local office, PAC’s operating at the local level, and committees organized to favor or oppose a ballot question on a local ballot must file reports of their financial activity with the Town Clerk. Disclosure and Reporting Requirements Political committees and candidates for municipal office are responsible for filing timely campaign finance reports disclosing their receipts and expenditures. Candidates are personally liable for a penalty of $25 per day for every day that a required report is late up to a maximum of $5,000. FORBIDDEN CONDUCT Massachusetts law prohibits the following activities with regard to political campaigning. No one may influence a person’s vote by paying money, giving a gift, threatening to fire, threatening to reduce wages, promising to hire or promising higher wages. Town employees may not use their official authority to influence the outcome of an election. Public funds or resources may not be used for the purpose of influencing election results. A political candidate or committee may not pay an owner or agent of a newspaper or periodical to advocate or oppose editorially any candidate or question. CAMPAIGNING ON ELECTION DAY On Election Day, at the polling place, political signs must be held by a person. No signs may be put into the ground or hung on fences or put on public property. No poster, card, handbill, placard, picture or circular intended to influence the action of the voter shall be posted, exhibited, circulated or distributed in the polling place, in the building where the polling place is located, on the walls thereof, on the premises on which the building stands, or within one hundred fifty (150) feet of the building entrance door to such polling place. No posters or stickers may be posted, circulated or distributed with the 150 foot distance. No person shall collect signatures within the 150 foot mark. 4 No one may hinder, delay or interfere with a voter on the way to vote. Access to the polling places must be open and unobstructed. (Legal reference: M.G.L. Chapter 54, section 65) Public Observation Observers will be permitted throughout the day inside the polling place, outside the guard rail in designated areas so as not to obstruct the access of the voters. One half hour before polls open and after the polls close, observers will be allowed in the center area of the polls outside of the guardrail unless they are disorderly or disrupt the progress of setting up and completing the election wrap-up. The Warden or the Town Clerk are the only personnel allowed to collect voter numbers from the Accuvote machines during the polling hours. The vote counts will be collected every hour and updated on a white board displayed at the information table. Observers or checkers may have a voting list with them and may mark them. Election officers must distinctly announce the name, address and party (in a Primary) of all voters when they check in. The Town Clerk requests advance notification from any group who intends to have observers so that a meeting can be set up for distribution of the rules and regulations. If observers want to sit they must bring their own chairs and will only be allowed to use them if there is room in the observer area. When there are multiple observers for each precinct, there may not be room to sit as every observer must be close enough to hear. Observers may be allowed in the polls on Election Day without prior notification only if there is room in the observation areas. Groups with advance notification have preference. At the moment the polls are closed, the police officers will secure the voting area allowing observers and candidates to watch as the tape totals from the machines are printed off. The Town Clerk will read the unofficial results off the tapes. Tapes will be made available for public viewing after they are read aloud. Sign Holders Any sign holder who blocks the driveway, interferes with the sight lines of cars entering and exiting the driveway at the corners or otherwise impedes voter access will be asked to move to another location by the police. 5
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