By Antonio D. French
Filed Wednesday, August 09, 2006 at 6:17 PM
In the petition for a temporary restraining order filed yesterday by then-State Senate candidate Yaphett El-Amin, she alleged that one of her opponents, Amber Boykins, and State Rep candidates Joe Palm (who was running against her husband) and Shaun Simms (who was running against her political ally, Jamilah Nasheed) were distributing sample ballots in the 1st, 4th, 18th and 27th wards that were "false, misleading, and illegal."
Her complaint held that by using the terms "Democratic Sample Ballot" those campaigns were misleading voters into thinking that they had been endorsed by the respective Democratic ward organizations, which they had not.
Judge Lisa Van Amburg agreed with El-Amin and at 3:25 p.m. she issued a temporary restraining order prohibiting them from being further distributed.
Election Board officials say they instructed their roaming judges to inform the campaigns' poll workers to stop passing out the illegal ballots.
A hearing in this matter has been set for Friday, August 18, at 9:00 a.m. -- long after the polls have closed and winners have been decided in the affected races.
The Complaint
The Order
1st Ward Ballot
4th Ward Ballot
27th Ward Ballot
Her complaint held that by using the terms "Democratic Sample Ballot" those campaigns were misleading voters into thinking that they had been endorsed by the respective Democratic ward organizations, which they had not.Judge Lisa Van Amburg agreed with El-Amin and at 3:25 p.m. she issued a temporary restraining order prohibiting them from being further distributed.
Election Board officials say they instructed their roaming judges to inform the campaigns' poll workers to stop passing out the illegal ballots.
A hearing in this matter has been set for Friday, August 18, at 9:00 a.m. -- long after the polls have closed and winners have been decided in the affected races.
The Complaint
The Order
1st Ward Ballot
4th Ward Ballot
27th Ward Ballot
Labels: Election_Board, State_House, State_Senate
9 Comments:
Just for an open mind on this, Yaphett may have a point. A similar sheet was passed out in 17th Ward. It was puzzling to note that none of the Senate candidates with the exception of Kenneth Jones, the candidate the 17th Ward FDR Club endorsed.
If this is the case, Yaphett, Derio, Amber, & Jeff disenfranchised by these "ballots."
It will be interesting to see how this plays out.
8/09/2006 8:57 PM
Antonio:
There have been reports of the Boykins camp having laid claim to endorsements which were not really theirs. It would have been more effective for the El-Amin camp to pursue legal action before the day of the election. Not that it would have mattered, because Yaphett El-Amin would have needed nearly all of Amber Boykin's votes, which she would have received most of, but not all. And, the other two candidates "harmed" by the false information won their races.
Kareem:
A standard sample ballot is produced by either a group, such as a union, seeking to influence (legally) a race, or by the party's ward committee, in which case it contains a list of all the candidates that committee or group wishes you to vote for. The issue related to the complaint has to do with the fact that the Boykins camp claimed endorsements that did not exist.
8/09/2006 9:41 PM
The election is over now Brian and now you celebrate all the wonderful things you have had to say about so many people. Now everyone can have so much fun together as we all release true feelings.
8/10/2006 1:56 AM
It's a deceitful trick, but it's not illegal.
A sample ballot is campaign literature paid for by endorsing organizations. Just like any other campaign lit, you don't have to list all candidates in the race. For example, some of Gambaro's and Smith's lit only focused on their targeted opponent. Of course, the vast majority of lit only shows one candidate. El-Amin never included all of her opponents on the vast majority of her campaign literature either.
8/10/2006 9:10 AM
"deceitful trick" aHhhh, Has the boykins smell all over it.
8/10/2006 11:24 AM
"It's a deceitful trick, but it's not illegal."
If you read the complaint that Antonio has provided for all to read you'll see relevant legislation referenced with respect to sample ballots. If true, sample ballots are not simply more campaign literature.
8/10/2006 11:42 AM
To understand the sample ballots provision in 115.637 RSMO, you might want to look at 115.391 & 115.419 RSMO. Looks to me like someone has confused the regulation of sample ballots produced by election authorities with the electioneering materials produced and distributed by candidates, party committees and ward continuing committees, which are only regulated with regard to the paid for by requirement of campaign finance law and 25 feet from the poll rule.
8/10/2006 2:23 PM
Sample ballots always list one candidate per race. What makes it illegal is if it read "X Ward Democratic" without any endorsement by the Democratic organization of X Ward. If counter to an actual endorsement, then the ballot would appear to be fraud, or show intent to deceive voters.
8/10/2006 2:37 PM
I disagree that the ballots are illegal under the statute, even though they probably fool people in practice. What the law means by a "sample ballot" is a document put out by the election authority listing the names of all the candidates. The ward organizations are not an "election authority," although many think they are.
The "sample ballots" distributed by ward organizations are just campaign literature, and enjoy no special status over "sample ballots" distributed by anyone else. Anyone has the right to distribute literature calling itself a sample ballot and listing the endorsed candidates, as long as it recites who paid for it. The Boykins ballots do that, albeit in really fine print.
It would be illegally deceptive if the ballots falsely claimed the endorsement of an organization that didn't endorse the candidate, but a piece of paper entitled "___ Ward Democratic Sample Ballot" without referring to the ward organization by name would not be illegal. Anyone has the right to print up a "___ Ward Democratic Sample Ballot" containing her/his own endorsements, as long as it doesn't claim to be the endorsements of any other organization and does correctly state who paid for it. Merely identifying the ward in which those candidates are running does not amount to representing that the ballot lists the endoresements of that ward's official party organization, whose name is different (and longer) than just the name of the ward (e.g., ___ Ward Regular Democratic Organization).
The judge was wrong. (That happens a lot, especially in ex parte TRO hearings when only one side is heard.)
8/10/2006 8:15 PM
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