Finding in the Complaints of Holly McCall against Lisa Katz and Unite New Castle, Candidates for New Castle Town Board
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The Westchester County Fair Campaign Practices Committee met via Zoom on June 23, 2021 to hear the complaints of Democratic candidate Holly McCall, candidate for New Castle Town Supervisor, against Democratic candidate Lisa Katz, candidate for the same position, and the Unite New Castle slate. Ms. McCall attended, was represented by Luke Brussel, and was accompanied by Jennifer Bounds, Lori Morton, Elana Shneyer, and Mike Weinberg. Ms. Katz attended and was accompanied by Susan Comey, Ben Herman, Maryanne O’Connor, and Dora Straus. FCPC members who are New Castle residents recused themselves from the Hearing.
COMPLAINT 1: Holly McCall complained that Lisa Katz and the Unite New Castle slate disseminated a false and misleading robocall to registered voters in the Town of New Castle that stated a measure before the New Castle Town Board is a “Development Plan,” when in fact the measure is a change to a Zoning status, and the robocall falsely and misleadingly stated the potential impact of the measure.
FINDING: FAIR
The Committee considers the statements in the robocall to voters to be normal political discourse. Regardless of whether the measure before the New Castle Town Board is considered a development plan or a change in zoning status, it is the responsibility of candidates to explain to the voters their positions on the implications of this measure.
COMPLAINT 2: Holly McCall complained that Lisa Katz and the Unite New Castle slate’s campaign signs do not identify by name the funding source for the signs, and the signs often appear next to “Stop the Form Based Code, Save Chappaqua Hamlet,” a sign associated with the 501(c)(4) group Residents United to Save Chappaqua Hamlet.
FINDING: FAIR
“Unite New Castle,” the slate’s name and/or logo, is included on the slate’s campaign lawn signs. The signs’ funding source would be obvious to the average voter.
The placement of “Unite New Castle” lawn signs next to any other lawn signs is irrelevant. Candidates are not responsible for what lawn signs are placed next to each other.
Committee Members: Susan P. Guma, [Chair], Jennifer Mebes Flagg [Coordinator], Elizabeth Bermel, Gisele Castro, Miriam Cohen, Victor J. Goldberg, LaRuth Gray, Kyle-Beth Hilfer, Lee Kinnally, Robert C. Kirkwood, Carole Princer Levy, Don Marra, Paul Bennett Marrow, Joy Rosenzweig, Susan Schwarz, John Stern, Evelyn M. Stock
Party representatives (ex officio): Republican Party, Democratic Party, Working Families Party, Independence Party, Green Party
The purpose of the Westchester County Fair Campaign Practices Committee is to help set an acceptable standard for political discussion by offering a forum for identifying unfair campaign practices and promoting a climate in which candidates conduct honest and fair campaigns. The Committee encourages candidates to conduct campaigns openly and fairly, to focus on issues and qualifications, to refrain from dishonest and defamatory attacks, and to avoid the use of campaign materials that distort the facts.
The Committee accepts written complaints from candidates about alleged unfair campaign practices. The Committee may then hold hearings to determine whether the action complained about is indeed unfair or whether it falls within acceptable political discourse. Among other things that the Committee will consider to be an unfair campaign practice is a misstatement of a material fact or any communication that misleads the public.
The Committee has no power to compel anyone or any group to stop doing what it has found to be unfair, nor does it have the authority or power to enforce election or other laws.
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, a hearing is not held and the parties to the complaint are notified.
Statement of Principles of the Committee, as stated in its Manual, is available at www.faircampaignpractices.org. 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, focusing on issues and qualifications.
The Candidate will not use or condone any campaign material or advertisement that misstates, misrepresents or distorts material fact or any communication that misleads the public.
The Candidate will neither engage in nor be involved with false or misleading attacks upon the character of an opponent, nor in invasions of privacy unrelated to fitness for office.
The Candidate will not participate in nor condone any appeal to prejudice.
The Candidate will clearly identify by name the funding source of all advertisements and campaign literature published and distributed.
The Candidate will not abuse the Westchester County Fair Campaign Practices Committee process in order to obtain political advantage. This includes, but is not limited to, announcing that he/she has filed a complaint, or quoting the Committee’s Findings unless the individual Finding cited is quoted in its entirety. The Committee considers selective quotation or misrepresentation of its Findings to be an unfair campaign practice.
The Candidate will publicly repudiate materials or actions made on behalf of their candidacy that violate this Statement of Principles.
