Saturday, August 27, 2011

Law, Order, and Common Sense: Avoiding Distractions and Refusing to Engage Controversy

Tonight the Worcester Elections Commission will hear a petition brought forth by conservative activists against the progressive community organization Neighbor 2 Neighbor. The petitioners are asking the Commission to hold a "fact finding hearing" to ultimately limit the ways in which N2N can aide voters on Election Day, including the prohibition of T-shirt's bearing the organization's logo. This petition stems from earlier allegations by Tea Party affiliates that N2N members were engaging in "electioneering" by assisting voters at the polling place.

The Secretary of State's office examined the allegations and found that no wrongdoing or legal violations had occurred. The instructions to the Commission were to focus on future elections and engage in dialogue explaining what the law states about the prohibition of political activity within 150 of a polling place. Essentially, the Commission should "look forward" and use this opportunity to educate the public about what is in the statute rather than continuing to engage in past allegations based on hearsay.

I am extremely disappointed that this non-issue has re-surfaced again, earning it's spot in the headlines. This created controversy has become a distraction from the real concerns in our city regarding civic participation, electoral justice, and community engagement. What should be noted is that this complaint is from one interest group targeting another; it originated from campaign affiliated poll observers rather than official poll workers. The fact that some see our city's Election Commission as a venue for divisive politics is not only disheartening, but dangerous if we are seeking to engage more individuals in the process. This precedent of singling out a specific group in a public venue (especially after a resolution has already been reached) discourages new organizations from seeking to mobilize their constituencies. Especially for non-profits, where funding is always an issue, this creates a tense and divisive atmosphere where the logical choice (sadly) is to not assist voters for fear of public criticism.

The entire discussion as to whether or not an organization's logo constitutes campaign material is more than just a stretch. Especially for non-profits, who have the right to work on ballot questions, this impedes the voting rights of their employees and their ability to serve their constituents. For example in 2010 the YWCA took a No position on all 3 state ballot questions and staff helped coordinate outreach activities. If the petition were accepted by the Commission as is, anyone with a YWCA logo would be prohibited from entering the polling place as it would be considered "electioneering." Prohibiting an individual from entering into a polling location to assist a voter, or even vote themselves, because an organization's logo is now deemed "campaign material" is not going to uphold the integrity of the process, but rather create extra hurdles for people who want to exercise their rights.

Luckily, our City Solicitor has noted that common sense needs to be used by the poll workers to determine whether or not the use of the logo is intended to actually influence voters. There is a big difference between an individual wearing a particular T shirt assisting voters and a group of five poll watchers wearing the same shirts and leering at voters.

The petition further states that an individual assisting a voter should be prohibit from speaking to a poll worker and questions whether or not an assistant should be allowed to hold a sample ballot for the voter. The MA voter's Bill of Rights clearly states that a voter may request anyone of their choice to assist them and may bring with them into the polling booth any campaign material of their choice, including sample ballots, to help make their decision.

I applaud the City Clerk's Office for steering the discussions away from all of these distractions, and focusing the discussion on the statute. If anything positive is going to come out of this ordeal it is that more public information about state campaign law and it's application will be available to the community.

Elections should be an avenue for empowerment. Our city, and our country as a whole, is tired of the partisan bickering. We as a community need to focus on education, dialogue, and, most importantly, common sense.

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