ELECTION DAY : July 2010 Archives
By RAY CARBONE
New Hampshire Union Leader
Monday, Jul. 19, 2010
The New Hampshire Attorney General's office has issued a cease-and-desist order to five people, including a Moultonborough selectman and a former school board member, for their roles in distributing political flyers last year.
Assistant Attorney General Matthew Mavrogeorge said the five violated the state's election laws by failing to identify the flyer as "political advertising" and not including information identifying who was sending it out.
"(You) are hereby ordered to cease and desist from distributing any future political advertisement without first complying with the signature (identification) requirements contained in RSA 664:14," the order reads.
The flyer urged voters in March 2009 to turn down an article on town and school ballots regarding adoption of Senate Bill 2, which would replace town meeting with voters going to the polls on town election day. Voters turned down the SB2 idea at both the town and school district meetings. The district vote was 746-975, while the town vote was 704-975.
Selectman Karel Crawford and former Moultonborough School Board member and current Supervisor of the Checklist Laurie Whitley are cited by the Attorney General's Office. The three others are Lisa St. Amand, who has been a member of the town's Recreation Strategic Planning Group, Mary Ann McRae and Anita Blood.
Efforts to reach the five yesterday were unsuccessful.
According to the report, investigator Richard Valenti began looking into the issue last July after state officials received a formal complaint from resident Paul Punturieri. He charged that Whitley had violated RSA 664 by sending out the election flyers without identifying who was responsible for the material.
"It states at the bottom that the Selectmen, School Board and Advisory Budget Committee do not support SB2, but nowhere does it mention that she is a member of the School Board and running for office, nor that this flyer was not actually sent by the School Board, Selectmen or Advisory Board," the complaint reads.
In the interviews recorded in Valenti's report, none of the five reported knowingly sending out a flyer without their signature, but said that it was possible some flyers could have gone out unsigned. In his interview with Whitley, Valenti said she noted that "SB2 has been on the ballot two years in a row and it has come close to passing." Whitley said no town funds were used to mail the flyers.
Just days before the election, the flyers were criticized by the Moultonborough Citizens Alliance -- on whose website Punturieri identifies himself as a one-time member.
In his letter to the state, Punturieri said he feels as if voters did not get a fair chance to hear both sides of the issue before voting. Previous votes on SB2 in the town and school district have been close, (but) "I do not believe it was a fair fight (this time) as powers that be did not play by the rules."
Yesterday, School Board Chairman Mark Borrin said he would issue a formal statement this afternoon, but added he did not believe the report or the orders have anything to do with either the school board or the district.
"It never became an issue the board talked about," he said. "The issue involves individuals who are on the board, but it wasn't a board matter."
Wednesday, July 1, 2010
SB2 is the shorthand title for the Official Ballot Act, RSA 40:13, which allows voters in towns and non-city school districts to decide budgetary and other matters by secret ballot during pre-set polling hours rather than through the traditional Town Meeting format at which those matters get debated, possibly amended and ultimately decided by the vote of those attending the meeting.
Since RSA 40:13 took effect in the 1990s, the consideration on whether to adopt it has been hard-fought. Not only have officials and private citizens strongly argued its pros and cons but, quite often, the protagonists impugn the motives — and sometimes even the decency — of those on the other side of the question.
This should not be all that surprising. The SB2 debate strikes at the core of a community's identity and the place that heritage and tradition play in that identity.
An example of how these feelings can play out is in Moultonborough. Efforts to get the town to switch to the SB2 format have so far failed.
As a result of the last effort to pass SB2, some supporters went to the state Attorney General's Office to complain that there was an organized anti-SB2 effort underway which was in violation of the state's political advertising laws. Those lodging the complaint to the AG's office alleged that the anti-SB2 group in its campaign was sending out flyers which failed to explicitly state that the circulars were political advertising and in addition did not identify who was behind the campaign.
The Attorney General's Office last week issued a cease-and-desist order, saying such efforts in the future must conform to the law's disclosure requirements.
This issue might seem to some like a tempest in a teacup, but the fact that the anti-SB2 group included a selectman and someone who at the time was serving on the School Board raises some issues.
Elected officials certainly are well within their rights to offer their opinions on public issues, and there certainly is no reason for them to feel they need to apologize for doing so. Therefore, why would elected officials want to be less than forthcoming about their views on a critical issue?
As so often is the case in controversial matters, members of official bodies are not of one mind. Some, therefore, question the propriety of one member of the group taking a stand when that view does not reflect the overall sentiment of the group.
Nothing should inhibit elected officials from speaking their minds, but they should do so forthrightly and with complete transparency. If a group, like a board of selectmen or school board, wishes to take a stand, that, too, is their right. Or, if they choose not to do so, they should not stand in the way of the individual members from exercising their rights as individuals.
Wise decisions are reached when discussion and debate are open and vigorous and in a way in which the public can assess the credibility of the arguments.
That means openness and playing by the rules
In light of the recent Cease and Desist orders issued by the Attorney General's office towards former Board of Selecetmen Chair and current Vice Chair Karel Crawford, and former School Board Chair and current Supervisor of the Checklist, Laurie Whitley, we at the MCA feel it is appropriate to comment.
We fought a fair fight for SB2 in March of 2009. We now find out that the election may not necessarily be reflective of the voice of the people perhaps as a result of the actions of the above board memebers.
