EAST AURORA
Village bans anonymous campaign items
Published: June 17, 2009, 12:30 am
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Anonymous political campaign materials will be banned in future East Aurora village elections, despite warnings from some residents and legal experts that it may be an unconstitutional move by the Village Board.
The bigger question is whether the board’s narrow approval of the measure this week will actually stop the practice entirely. The board voted 4-3 to amend the village’s code to stipulate that any candidate, committee or person distributing mass campaign literature of more than 100 pieces — electronic or printed — must clearly identify themselves by name on the pieces.
It applies to the 30-day window preceding elections for village offices, but not to general issues on the ballot. Violators could be fined as much as $250 and/or be jailed for up to 15 days.
Proponents of the measure — which was spearheaded by Deputy Mayor Libby Weberg, who was the victim of an “anonymous” attack on her record just two days before the March 18 election — argued during a public hearing Monday that people putting out campaign literature need to lend credibility to it by identifying themselves.
“Is it a perfect law? I don’t think there’s any perfect [law],” Weberg said. “It never claimed to eliminate negative campaign literature. I’d like to see this passed. It puts people on notice.”
Supporters also expressed hope that the new ordinance would encourage more people to run for village office if the campaign nastiness was toned down and election season offered a more level playing field in East Aurora. Voting against the ordinance were Mayor Clark Crook and Trustees Ernest Scheer and Patrick McDonnell.
“Maybe we need to change the perception out here that East Aurora has nasty politics,” Trustee Kevin Biggs said. “I get sick and tired of people saying to me, ’That’s a nasty political town you live in.’ ”
Linda Cook said a campaign message is much less credible if its source is not cited.
“It seems painfully obvious to me that it’s the adult thing to do — to stand behind your words,” she said.
Others argued that the new policy infringes on freedom of speech. “I think you have no right to tamper with freedom of speech, even though it was dirty politics,” Myla LeBlanc said of the last election.
Local attorney Arthur Giacalone urged the board not to adopt the new measure, warning village officials that they could find themselves liable if someone filed a civil rights proceeding because of it. He cited a U. S. Supreme Court case in which it was determined that this kind of speech cannot be restricted. Instead, he suggested the board issue a general statement expressing its stance on the issue.
krobinson@buffnews.com
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