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The League of Women Voters
of New Jersey

a nonprofit, nonpartisan organization whose purpose is to promote political responsibility
through informed and active participation in government

 

CLEAN CAMPAIGNS!

POSITIVE CAMPAIGNS | FAIR CAMPAIGN PLEDGES | SAFEGUARDS

"PROJECT POSITIVE CAMPAIGNING"

from the League of Women Voters, Rochester/MetropolitanArea

May 2000

The Project Positive Campaigning Committee, League of Women Voters, Rochester/Metropolitan Area, came into existence in January, 1995, in response to the negative campaigning that preceded the 1994 election. Since its formation, the Committee's members have worked to promote positive political campaigning and, at the same time, to encourage active participation of voters in the political process.

Advice from an advertising agency and support from cosponsoring groups in the community helped the Committee mount its first publicity campaign. The goals of this campaign were to convince candidates that voters are entitled to positive political campaigns and to convince voters to rebuke candidates who are not acting in accordance with this entitlement.

 Since 1995, the work of the PPC Committee promulgates the message of positive campaigning. The Committee, along with The Interfaith Alliance, sponsors the annual Candidates' Fair Campaign Pledge-Signing Ceremony held at the Monroe County Office Building. Public Service Announcements (produced for the Committee) on the subject of positive political campaigning are aired on radio. The Committee has published thousands of brochures, buttons, bookmarks, bumper stickers, each advertising the message of positive campaigning. Signs with this message decorated Rochester's buses during the 1996-1998 fall elections. Committee members are guests on radio and television talk shows and make presentations to community groups and high school classrooms.

In 1998, the PPC Committee produced a 20-minute video entitled YOU CAN VOTE SMARTER. The video comprises television advertisements of real political candidates in recent elections. A discussion guide accompanies the video. Video and guide are designed particularly for middle and high school students.

On October 4, 1999, the Committee premiered its latest, and most exciting, project. KEEP IT CLEAN! is a 30-second television ad produced in conjunction with Saphar & Associates, Inc., a public relations and marketing communications agency, and Post Central, a production company. Saphar donated its services to create and direct the ad. In August, PPC received grant money, $15,000. from Rochester Area Community Foundation; the grant enabled PPC to purchase broadcast time on the major network channels and Time Warner before the 1999 November election.

The striking visuals and forceful message of Keep It Clean! draw voters' attention to the subject of positive campaigning

Looking ahead to the 2000 election, PPC members will ask broadcasters in the Rochester area to show the ad as a PSA before the 2000 election. In May, letters were sent from New York State League to 130 or so network and cable stations in New York State. The letter, containing personal endorsements of the ad and news about the Telly Award, encourages broadcasters around the state to show the ad before November's election. A VHS copy of the ad was enclosed with each letter. A radio version of the ad will be completed in May 2000.

As the 2000 election season moves forward, the Committee calls again upon candidates to commit themselves to fair campaign tactics and appeals again to voters to reject negative campaign tactics. Voters benefit when candidates discuss the issues rather than engage in personal attacks. Negative campaign tactics hold voters back from the truth and turn voters off to voting. Negative campaign tactics damage the election process and, ultimately, our democratic system of government.

Contact: Shirley Eberly

Rochester Metro's Project Positive Campaign products are available through the NY League office: phone: 518-465-4162, fax: 518-465-0812, e-mail: lwvny@lwvny.org, website: www.lwvny.org

"Clean It Up...Keep It Clean" video with dramatic 10 & 30 second television ads are $25 for members, $35 for non-members for VCR tape/ $75/$85 for 3/4 inch tape.

You CAN Vote Smarter" 20 min Video and Discussion Guide is $25/$35 for non-members

Positive Campaign Brochure is $.15/ $.25

"Support Positive Campaigns" Buttons are $1/$2

"Support Positive Campaigns With Your Vote"

"The League of Women Voters" Bumper stickers are $1/$2

"Support Positive Campaigns with your Vote" bookmarks are $1/$2


A SAMPLE FAIR CAMPAIGN PRACTICES PLEDGE

I pledge to conduct my campaign for public office openly and fairly. I will discuss the issues and participate in fair public debate with respect to my views and qualifications.

I will not engage in, nor permit defamatory attack upon, the character of my opponent(s) nor shall I engage in unwarranted invasions of personal privacy unrelated to campaign issues.

I shall not appeal to, and I shall condemn appeals to, prejudice based on race, creed, sex, sexual orientation, national origin, or political affiliation.

I will not permit the use of any campaign material or advertisement which misrepresents, distorts, or otherwise falsifies the facts regarding my record or that of any other candidate.

Finally, I will publicly repudiate support deriving from any individual or group whose activities would violate this Fair Campaign Practices Pledge.

In signing this pledge, I assume personal control and responsibility for the conduct of my campaign


SAFEGUARDS IN USING THE PLEDGE

from Eleanor Revelle, LWVUS Board
August 1, 1998

Enforcing a Fair Campaign Pledge is hazardous ground for the League, which must avoid being seen as supporting or opposing any candidate. In my view, the best role for the League is to help citizens hold candidates accountable for their actions.

1) The legal implications for involvement in a campaign conduct project are very different for an organization designated by the IRS as a 501(c)(3) organization (e.g. an education fund) and for one that is classified as a 501(c)(4) organization (e.g. a state or local League).

A 501(c)(3) organization is absolutely prohibited from participating in any activity that could be seen as directly or indirectly benefiting one candidate over another. The IRS has interpreted this prohibition on "electioneering" so broadly that even unforeseen, unintended benefits resulting from activities that are strictly nonpartisan could cause the organization to lose its tax exempt status.

Asking a candidate to sign a campaign code of conduct, publicizing the names of candidates who have signed, or not signed, a campaign pledge, and monitoring or reporting on whether candidates are honoring a campaign pledge are all activities that could be interpreted as intervening in an election and are therefore inappropriate for a 501(c)(3) organization.

2) As 501(c)(4) organizations, state and local Leagues are not bound by this prohibition on electioneering and may undertake campaign conduct projects - with caution. Both 501(c)(4) Leagues and 501(c)(3) Ed Funds are stewards of the League's nonpartisan reputation. State or local Leagues that make use of campaign pledges, therefore, will want to structure their projects very carefully to avoid being seen as supporting or opposing any candidate(s). In addition, Leagues should ensure that no Ed Fund money is used for these projects.

3) There are some campaign code-related activities that are appropriate for both 501(c)(3) and 501(c)(4) organizations. These include drafting a code of conduct, fostering public awareness of the code, encouraging citizens to hold candidates accountable for their campaign conduct, and making a general call to all candidates to consider the code in their daily campaigning. (The Rochester, NY League's Project Positive Campaigning puts this kind of emphasis on engaging citizens in promoting fair, issue-oriented campaigns.)

4) The legal and public relations issues involved in a campaign code project are considerable. Any League that is contemplating such a project is strongly advised to consult with an attorney who is knowledgeable in the area of election and tax law.


Q & A on Fair Campaign Pledges

Q: May our League Education Fund draft a code of conduct, publicize the code, encourage citizens to hold candidates accountable for their campaign conduct, and make a general call to all candidates to consider the code in their daily campaigning?

A: Yes, those would all be appropriate activities for a League Education Fund, but it cannot ask candidates to sign a pledge to follow the code of conduct or take any action if a candidate violates the code. The LWVEF board was advised several years ago that asking candidates to sign a code of conduct or publishing information about whether candidates did, or did not, sign such a code could be interpreted as intervening in an election. A 501(c)(3) organization, such as a League Education Fund, is prohibited absolutely from participating in such activities.

Legal guidelines developed by the Alliance for Better Campaigns echo this position, noting that a 501(c)(3) organization "may never publicize, compare, criticize, praise, complement, or otherwise comment on individual candidates who have or have not signed a code of conduct. . . [It] may not assess or report on whether candidates are honoring the code. Likewise, it may not publicize the charges of other candidates or members of the public or any candidate's response to charges of violation."

Q: Could the League itself ask the candidates to sign the pledge and publicize the names of those who do sign the pledge?

A: A 501(c)(4) entity like a state or local League is not bound by the IRS prohibition on electioneering. So yes, technically, a state or local League could ask candidates to sign the pledge and publicize the names of those who do sign it.

Q: Can the League (not the EF) take action when there are violations of the pledge? If so, what kind of action?

A: By the same token, a 501(c)(4) state or local League is not prohibited from taking action if a candidate violates the pledge. Your second question, however, describes just why such action could be problematic for the League. While reporting a code violation could pass muster legally, this would be a subtle point for the public - especially during the election season when citizens are counting on "the League" to be an unimpeachable source of objective information about all candidates.

Separating the activities of the League and the EF on this might keep us legally in the clear, but would probably be too subtle for the public, although we say Ed Fund on our Voters Guide, in press releases about DNet, candidates night, etc. Both the local papers and the public generally refers to them as "League of Women Voters."

 




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