Finding in the Complaint of Dionisio against Belmont
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The Westchester County Fair Campaign Practices Committee has reviewed the complaint of incumbent Richard Dionisio (Republican) against Ronald Belmont (write-in), candidates for Mayor/Supervisor of the Town/Village of Harrison, and has issued this Finding without a Hearing. Jim Castro-Blanco submitted the complaint on Mr. Dionisio’s behalf. In accordance with the Committee’s stated procedures, the Committee may render a decision without holding a Hearing if it determines that a Hearing is not necessary.
COMPLAINT: Mr. Dionisio complained that Ronald Belmont has put the phrase "Re-elect Ron Belmont” on signs that are placed in many locations around town and on the side and back of a bus that has repeatedly been driven throughout Harrison, even though Mr. Belmont is not the current Mayor/Supervisor. Mr. Dionisio complains that “this is a well-thought-out and executed effort to deceive voters into believing that Mr. Belmont currently holds the position and to mislead voters into giving him credit for how well-run Harrison is today.”
FINDING: UNFAIR CAMPAIGN PRACTICE
The use of the word “re-elect” in campaign materials by a candidate who is not currently an incumbent is misleading since it could lead the public to assume the candidate is the incumbent.
The campaign materials violate the following FCPC Principle: “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,” and FCPC Guidance #4: “A candidate should not create the false impression that she/he is an incumbent.”
Committee Members: Susan P. Guma, [Chair], Jennifer Mebes Flagg [Coordinator], Elizabeth Bermel, Gisele Castro, 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.
