WESTCHESTER COUNTY FAIR CAMPAIGN PRACTICES COMMITTEE
http://www.faircampaignpractices.org

MANUAL
http://www.faircampaignpractices.org/fcpcmanual.html)

(revised January 2011)

INTRODUCTION

In 1991 the League of Women Voters of Westchester established the Westchester Fair Campaign Practices Committee (the Committee) as a separate and independent entity and plays no role in the Committee's deliberations or decisions. The League does provide support services and administers the funding; underwriting is provided by a grant from the Westchester Community Foundation. The Committee is composed of community leaders who represent a wide range of public interests and are recognized as being independent and fair minded.  Members representing official political parties serve ex-officio without vote; they contribute political perspective and experience to the discussion.

 PURPOSE

The purpose of the Westchester County Fair Campaign Practices Committee is to promote a climate in which candidates conduct honest and fair campaigns. The Committee encourages candidates to conduct campaigns openly and fairly, to discuss issues, to refrain from dishonest and defamatory attacks, and not to use campaign materials that distort facts.

The Committee sits neither as a censor of political discussion nor as a body to enforce election law or make legal decisions. Its task is to accept written complaints about alleged unfair campaign practices and to determine whether the action complained about is indeed unfair. Among other things, the Committee will consider to be unfair any campaign practice that is a misstatement of a material fact or that misleads the public.

The Committee has no power to compel anyone to stop doing what it has found to be unfair. If the Committee acts on a complaint, it will release its findings to inform the public. The Committee may choose not to consider a complaint; in that case, the parties to the complaint are notified that a hearing will not be held. 

STATEMENT OF PRINCIPLES

In this Statement of Principles, the term "candidate" refers both to those individuals who are official candidates for public office and any other individuals and groups such as campaign committees whose actions have a substantial effect on the fairness and conduct of the campaign.

The Westchester County Fair Campaign Practices Committee believes that candidates should conduct their campaigns in accordance with the following principles:

  • The candidate will conduct a campaign for public office openly and fairly. The candidate will discuss the issues and participate in fair debate with respect to his/her views and qualifications.

  • The candidate will neither engage in nor be involved with unfair or misleading attacks upon the character of an opponent, nor will the candidate engage in invasions of personal privacy unrelated to fitness for office.

  • The candidate will not participate in nor condone any appeal to prejudice.

  • The candidate will neither use nor be involved with the use of any campaign material or advertisement that misrepresents or distorts the facts.

  • The candidate will clearly identify by name the source of all advertisements and campaign literature published and distributed.

  • The candidate will not abuse the Committee process in order to obtain political advantage.

          The candidate will publicly repudiate materials or actions from any individual or group which would violate this Statement of Principles.

OPERATING PROCEDURES

Filing of Complaints: 

1. Only candidates who have filed or intend to file with the Board of Elections may submit an Unfair Campaign Practices Complaint Form to the Committee.

2. Candidates wishing to file complaints must complete the Unfair Campaign Practices Complaint Form included in this Manual. All complaints must be accompanied by supporting documentation at the time of submission. Complaint forms are available at http://www.faircampaignpractices.org/fcpccomplaintform.html. Procedures for completing and filing complaints are set forth on the form.

3. Complaints should be timely and be submitted within a reasonable time after the action complained about occurred.

4. The Committee will act only on complaints submitted in writing. Complaints and supporting documentation should be concise enough to be presented during the ten minutes allotted to the complainant at the hearing. The Committee may consolidate redundant or overlapping complaints.

5. The complaint must be filed with the Westchester County Fair Campaign Practices Committee by 1 p.m. Monday, according to instructions found on the Filing Procedures Form (http://www.faircampaignpractices.org/fcpcprocedures.html). As indicated on the Filing Procedures Form, the complaint, including all supporting documentation, must simultaneously be sent to the party complained against by e-mail or fax and also by either certified mail with return receipt or hand delivery with proof of receipt in each case.

Complaints filed within seven days preceding the day of the election must be  e-mailed to the  Committee. They should be hand delivered, emailed  or faxed to the party complained against, with verification of receipt in order to be considered before the day of the election. Candidates also may file post-election complaints by 10 AM on the seventh day after the election. (See “Hearings” below.)

6. The Committee will notify both the complainant and the party complained against that it has received the complaint.

7. The Committee will review every complaint to determine whether a hearing is warranted or any action should be taken. The Committee may choose not to have a hearing if it determines that a hearing is not necessary or appropriate.

8. The Committee will notify the candidate who filed the complaint and the person or group against whom the complaint was made as to whether a hearing will be scheduled or if no action will be taken.

9. News releases concerning the filing of a complaint may come only from the Committee. If notice of the filing of a complaint is made public by any other source, the Committee will consider the action an unfair campaign practice.

10. Questions regarding these procedures should be directed to the Coordinator, Miriam Cohen, (E-mail: faircampaign@optonline.net, Phone: 914-834-0615,  or E-mail to the League office, lwvwestchester@verizon.net , phone 914-949-0507 (fax 914-997-9354) who will refer questions to the appropriate Committee member.

Hearings:

1. Until one week before the day of the election, the Committee will hear complaints as deemed appropriate. The Committee will communicate notice of the hearing to all parties to the complaint at least 48-hours prior to the hearing.

2. Complaints filed within the seven days immediately preceding Election Day will be considered and may be heard on an expedited basis. Once the complaint is filed during this period, parties to the complaint or their representatives should be prepared to appear at a hearin on short notice.

3. The Committee may request that the party complained against suspend specific campaign practices prior to the hearing and the rendering of a decision.

4. Candidates may file post-election complaints no later than 10:00 AM on the seventh day after the election. The Committee will hear such complaints only if the action(s) complained of occurred within seven days prior to the election.

Hearing Procedures:

1. Five voting members of the Committee must be present to hold a hearing.

2. Once all parties have received notification, scheduled hearings may go forward at the Committee's discretion even in the absence of any of the parties. Parties to the complaint are expected to arrive on time and follow the hearing procedures.

3.Hearings consist of an open hearing and an executive session.

     Open Hearing

Only the complainant and the party complained against (or their representatives) are permitted to speak. Each party is given a maximum of 10 minutes to present its case.  Any supporting material by either party should be submitted at least 24 hours prior to the Hearing with sufficient time for the Committee to examine it.  Bringing additional material to the hearing is strongly discouraged and may not be considered.

During the 30-minute question period  the follows, members of the Committee, both voting and ex officio,  may question the parties.  All replies are addressed to the Committee and not to the other party.  

       Executive Session is open only to the Committee.  Decisions are by majority vote of voting members.

Decisions:

1. As soon as possible after the hearing, written decisions in the form of a news release will be e-mailed or faxed to the principals and to the news media.

2. The Committee will not delay public release of its findings if it is unable to make direct contact with the parties..

3.  If a candidate or campaign wishes to quote from a finding, the Committee requires that the finding as contained in the body of the news release (not the full release itself) be quoted in its entirety. The Committee regards selective quotation of its findings to be an unfair campaign practice. This statement will appear on all findings.

4. The Committee may render a decision without holding a hearing if it determines that a hearing is not necessary.

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To Filing Procedures page   (http://www.faircampaignpractices.org/fcpcprocedures.html)
To Complaint Form page   (http://www.faircampaignpractices.org/fcpccomplaintform.htmll) 
To Guidance for Candidates page (http://www.faircampaignpractices.org/fcpcguidance.html)
Back to FCPC home page (http://www.faircampaignpractices.org/index.html)
To League of Women Voters of Westchester home page (http://www.watpa.org/lwv/)
To Compilations of Previous Cases (Findings) (http:www.faircampaignpractics.org/fcpcfindings.html)