The following is a partial list of situations that have resulted in a finding of unfair campaign practices. They are meant to be exemplary only and are not inclusive. Candidates should primarily refer to the Statement of Principles set forth in the Fair Campaign Practices Manual. Like the Statement of Principles, these guidelines use the term “candidate” to refer to both those individuals who are official candidates for public office and other individuals and groups, such as campaign committees, whose actions have a substantial effect on the fairness and conduct of the campaign.
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A candidate should engage in debate on the merits of the issue(s). Facts can be interpreted in various ways. Differences of opinion are appropriate subjects in campaign debate and should not be brought before the Committee. It is not the role of the Westchester County Fair Campaign Practices Committee to clarify positions or determine definitions. An example is the term “pro choice” which has been used to describe a range of public policy positions. It is the responsibility of the candidates themselves to explain to the public their definition of the term.
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A candidate should not resort to unsubstantiated allegations of personal misconduct of his or her opponents. Such allegations of illegal conduct during campaigns are extremely serious and can have a significant impact on voters. These assertions should never be made recklessly or in the absence of credible evidence. A candidate should not use the word “illegal” if there are reasonable questions about the allegations.
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A candidate should not create the false impression that he/she is an incumbent. Examples are bumper stickers, signs, and/or palm cards that contain logos of the name and the office without the usual words such as “Elect” or “For” or campaign material that combines the office and name as in “Elect District Attorney John Smith” as distinguished from “Elect John Smith District Attorney.” Since logos are prominent and eye-catching, their effect can be misleading even when other accompanying material does make the candidate’s incumbent or non-incumbent status clear. First names should be included if there is more than one person with the same surname in office or running for office.
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A candidate bears responsibility for the accuracy of campaign literature distributed in support of his/her candidacy. If inaccurate, the candidate should publicly disavow the misleading contents of that material. If an error has been made (misrepresentation of background, failure to identify by name the source of campaign material, etc.), this should immediately be made public.
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A candidate should not use the word “only” when reasonable questions about the truthfulness of the allegation can be raised; for example, “I am the only candidate endorsed by an environmental organization.”
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A candidate should not make charges or assertions that are partially true and therefore misleading, nor should he/she make statements that are misleading if taken out of context.
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A candidate may not alter materials originating with others or created in different circumstances in such a way as to convey a false impression; for example, using a photo taken with an elected official to convey the impression of endorsement.
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A candidate is urged to exercise great care when characterizing his/her opponent’s positions. In the absence of a specifically publicly stated position on an issue, a candidate should avoid attributing a position on this issue to his/her opponent.
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A candidate should not use campaign advertisements that depict fictional or hypothetical events; for example, a commercial that begins, “Imagine….” A commercial that depicts a scene that never took place undermines the very distinction between true and false campaign advertising and opens the door to false, misleading, and fictional claims.
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A candidate should make any data he/she presents in campaign literature as specific and detailed as possible. Graphic or written representation of statistical data such as budgetary and tax information must be accurate with regard to detail and context and clearly indicate the time-periods and the amounts involved, and the source of the information.
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A candidate must use the exact wording in Westchester County Fair Campaign Practices Committee findings and must not distort the Committee findings to obtain political advantage. If a candidate reproduces a Committee finding, a candidate must reproduce the finding in its entirety.
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A candidate should not abuse the process of filing complaints to obtain political advantage by notifying the press or public prior to the hearing of a complaint.