MEMORANDUM

TO: Local Election Supervisors

FROM: Kenneth Mostern, National Election Supervisor

RE: Fair Campaign Provision Enforcement

DATE: July 30, 2004

Fair Campaign Provisions - Enforcement

The following memorandum outlines the procedures to follow in enforcing Fair Campaign Provisions at the various radio stations. It consists of two sections: Investigation and Write-up of Violations, and Guidelines for Setting Remedies.

1. Investigation and Write-up of Violations

Something is a violation of Fair Campaign Provisions only if it specifically violates the Fair Campaign Provision Statement that candidates sign in order to become candidates, or if it violates an additional rule that has been added subsequent to their signing of that statement.
(Any such additional rules adopted will be distributed to all candidates individually by email or fax, in addition to being posted on all websites.) An inappropriate or unfair action is not necessarily a violation. A violation occurs only when an action violates the specific language of the Fair Campaign Provisions.

To determine whether such an action is a violation, Local Election Supervisors (LES) should take the following steps:

·First, the LES must hear from any people who s/he believes have information or facts to help understand what occurred.

Second, the LES should review documentary evidence – especially recordings of the occurrence, if available, or station logs containing descriptions of the occurrence, if relevant.

·Third, if it is the opinion of the LES that a violation has occurred, s/he must write a brief summary of the violation which quotes from the exact provision of the Fair Campaign Provisions has been violated. A copy of this statement should be sent to the National Election Supervisor immediately.

2. Guidelines for Setting Remedies

If a violation has taken place, a remedy MUST be imposed. Possible remedies for violations of Fair Campaign Provisions include, but are not limited to:

a. Warning. If the violation of the Fair Campaign Provision is not severe – for example, an individual receives an on-air endorsement, and there is no evidence that that individual played an active role in getting the on-air staff member who endorsed to violate the Fair Campaign Provisions – a written warning is adequate. The warning should make clear that it is the responsibility of the candidate to ensure that such a violation does not happen again. The warning should also indicate that three such violations, even if they occur without the candidate’s foreknowledge, will result in the imposition of censure.

b. Censure. In the case of a more severe violation – such as the receipt of an on-air endorsement where it is clear that the candidate played an active role in the violation – or in the case of repeated lesser violations – censure may be imposed.

A censured candidate will have the following statement, read by the LES, added to the end of their cart: "The Local Election Supervisor has determined that the candidate whose announcement you just heard violated the Fair Campaign Provisions of the Pacifica Foundation, but that the nature of the violation was not severe enough to warrant disqualification as a candidate. Details of the violation can be read on the elections web site."
The same written account of the violation that you submit to the National Election Supervisor will then be posted on the web at the end of the candidate’s statement.

c. Decrease in allotted airtime. In the event of a serious violation, or a series of minor violations which occur with the candidate’s participation or encouragement, the Local Election Supervisor may decrease the amount of airtime allotted to carts and/or eliminate the candidate from on-air forums. The amount of time the candidate loses should be commensurate to the violation. For example, if a candidate is given a 15-minute interview on a show during a prime listening time, and the host of that show is clearly making the interview easy and to the candidate’s advantage, merely striking that candidate from a contentious on-air forum is not sufficient. That candidate should lose at least 30 minutes of prime cart play time. If the violation occurs at so late a date that they no longer have 30 minutes of such cart play left, this type of violation could be grounds for disqualification.

d. Disqualification. In general, it is the presumption of these guidelines that disqualification is not a desirable outcome. Disqualification occurs when:
(1) all lesser remedies have been exhausted, and violations continue to occur, or
(2) when a severe violation that would merit a substantial reduction in cart time occurs immediately before the end of the election period. Disqualification can only be imposed in consultation with the National Election Supervisor.

Notes about these guidelines

These guidelines are to be understood as guidelines, not as mandatory rules. The intention is to leave significant discretionary power in the hands of the Local Election Supervisor in determining the severity of given violations. The Local Election Supervisor is always invited to discuss violations with the National Election Supervisor, as well as with Local Election Supervisors in other cities, to determine how best to characterize the severity of a given violation.

Note also that these enforcement provisions directly address only those remedies that can be imposed on candidates. This is because the National and Local Election Supervisors have no direct power to enforce remedies against staff members who violate the by-laws unless they are candidates. It may be appropriate, in circumstances where a specific staff member (paid or unpaid) who is not a candidate is responsible for a series of violations, to recommend to that staff member’s direct supervisor that they be censured.

All mail should be directed to:
Bobby Muldoon
KPFT Elections Supervisor:
419 Lovett Blvd
Houston TX 77006
elections@kpft.org
KPFT elections hotline: 713-526-4000 ext. 305