Preliminary election results

[elements.livejournal.com]

Via the Somerville Journal and Somerville News, results of the preliminary election today:

Mayor: Joe Curtatone and Suzanne Bremer (with Rick Scirocco eliminated)

Ward 6 alderman: Rebekah Gewirtz and Charlie Chisholm (with Robert Adams eliminated)

Also, the Somerville News says turnout was higher than expected, which is always nice. The Journal hasBoth websites have a bunch of pictures of the scene at various polling places.

Comments

[wallacestreet.livejournal.com]

I think it's 150 feet. Anyway, we talked to both Rebekah and to one of the elections commissioners (Anthony Alibrandi?) who happened to be standing near by. They both said that there was nothing to be done about it since he's not on the ballot. The elections commissioner didn't like it at all because it confuses the police who are used to enforcing the 150 feet rule. There was also someone with a petition to "draft Gore" to run for president standing at the poll exit. Only slightly less annoying.

electioneering at polling places

[ron_newman]

Thanks for filling in the N feet. A Google search for

"150 feet" massachusetts election

finds a document entitled ELECTION DAY LEGAL SUMMARY from the Massachusetts Secretary of State's office. Unfortuantely it's an MS Word document, but I'll quote the relevant section here:

Activities in the Polling Location

On Election Day, certain activities are prohibited within the polling location and within 150 feet of the polling place. General Law chapter 54, section 65 prohibits within 150 feet of a polling location, among other things, the posting, exhibition, circulation, or distribution of material--including pasters, stickers, posters, cards, handbills, placards, pictures or circulars--intended to influence the action of the voter. G. L. 54, § 65 (2002 ed.). Consistent with the activities restricted by statute, the implementing regulations prohibit the solicitation of votes for or against, or any other form of promotion or opposition of, any person or political party or position on a ballot question, to be voted on at the current election. 950 C.M.R. § 54.04(22)(d). Accordingly, a person standing within 150 feet of a polling location, including observers in the polling location, may not: hold any campaign sign; hand any person literature intended to influence the voter’s action at the polls; wear any campaign buttons or identifying signage; solicit a person’s vote for or against a candidate or question on the ballot; or, distribute stickers. Circulators of nomination papers, initiative and referenda petitions are also restricted from soliciting signatures within 150 feet of a building entrance door to a polling place. G. L. c. 54, § 65 (2002 ed.). This is true even where the nomination papers, initiative petition or referendum have nothing to do with the current election.

From looking just at this and not at the actual laws being cited, the activities of both Berman and the "Draft Gore" folks seem to fall into a legal gray area. The petition that the "Draft Gore" people are circulating is not a formal nomination paper, nor is it an initiative or referendum.

Re: electioneering at polling places

[heliograph.livejournal.com]

I'd hope (unrealistically, of course) that the people involved would have enough sense to not crowd the polls. But every little bit helps in deciding who to vote for... though maybe not the way they intended.

Re: electioneering at polling places

[cos]

It seems to me that both of them were legal, and not in a gray area. The restriction on nomination papers, initiatives, and referenda seems to specifically list those forms of signature gathering that have specific legal impact in Massachusetts. It seems pretty clear that by listing those specifically, rather than restricting "gathering signatures" or some other more general activity, the legislature must have intended to NOT restriction informal signature gathering, petitions without legal force, etc. And since that is the only portion of this law that makes an exception and covers things not related to the current election, it also seems clear that they meant to limit all the other restrictions only to things that *are* about what's on the ballot.

In other words, this looks like a law written with the specific intent of allowing other political activity (inclduing both Fred and Draft Gore, in this instance). If it weren't for that, they could've written a simpler, broader law.

Re: electioneering at polling places

[ron_newman]

The cited statute (Mass. General laws chapter 54, section 65) is here:

"no other 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 and fifty feet of the building entrance door to such polling place."

and

"No person shall be allowed to collect signatures upon petitions, referendum petitions or nomination papers within one hundred and fifty feet from the building entrance door to a polling place."

That seems more general than the "Legal Summary" document that I quoted from above -- it seems to prohibit all petition gathering of any kind.

The fine for violating any of this is derisory - $20.

Unfortunately the cited Code of Massachusetts Regulations, 950 C.M.R. § 54.04(22)(d), is not online, unless I want to pay a subscription fee.

Re: electioneering at polling places

[wallacestreet.livejournal.com]

The reference is bad or old. It should be 950 C.M.R. §52.03(22)(d) which says:

(d) Activities at Polling Place. Within 150 feet of a polling place as defined in 950 CMR 52.03(22)(c), no person shall solicit votes for or against, or otherwise promote or oppose, any person or political party or position on a ballot question, to be voted on at the current election.[emphasis mine]

So it's pretty clear (to me at least) that what Fred was doing is legal. That doesn't stop it from being a bad idea, though.

The draft Gore woman is on thinner ice, though, as the preceding paragraph (950 C.M.R. §52.03(22)(c) ) says:

...No person shall collect or solicit signatures on nomination papers or petitions of any kind within 150 feet of an entrance door to the building....[emphasis mine]

Re: electioneering at polling places

[ron_newman]

Thank you! Do you have a printed copy of the C.M.R., or can you point me to an online version?

Re: electioneering at polling places

[wallacestreet.livejournal.com]

Lexis

Re: electioneering at polling places

[fberman.livejournal.com]

With respect to the discussion about my speaking to voters at the polling place ...

Some people appreciate being approached by a candidate, and others find it annoying. I try to approach people respectfully, and if they aren't interested, I leave them alone. While I was at the polling place on Tuesday, I only introduced myself to people after they had voted. Most of the people I approached opted to listen to what I had to say. I suspect that the large majority of those who chose not to speak with me would have made the same choice had I knocked on their door or called them on the phone.

As to the question about whether I like dogs, the answer is it depends. I like friendly dogs, and I avoid dogs that appear to be unfriendly. Likewise, I enjoy spending time with people who are friendly, and, when I'm relaxing, I try to avoid people who are hostile.

Just as my experiences of having bit hit by cars while cycling have taught me to be more cautious on the road, so, being bitten by dogs (and scratched by cats) has taught me to be careful of animals that I do not know.

As to my comments about responsible pet ownership, I was complimenting Som Dog on their campaign to promote responsible pet ownership, and pointing out that too often, it is the bad examples that people remember longest. Som Dog's approach to emphasizing responsible ownership is both appropriate and a smart strategy for gaining greater acceptance of dogs in parks and on the bikepath.