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The Way I See It!

I am an Ultra-Conservative, Alpha-Male, True Authentic Leader, Type "C" Personality, who is very active in my community; whether it is donating time, clothes or money for Project Concern or going to Common Council meetings and voicing my opinions. As a blogger, I intend to provide a different viewpoint "The way I see it!" on various world, national and local issues with a few helpful tips & tidbits sprinkled in.

More on Cudahy Clarifications

2010 Election, Cudahy, Election, Mayor

Election help questions

 

Cudahy is in the need of some major help in regards to where you can and cannot circulate nomination papers for signatures and conduct fundraising activities

 

Can people running for office use the Public Library to circulate nomination papers and conduct fundraising activities in the election?

 

Can people running for office use the Public schools to circulate nomination papers and conduct fundraising activities in the election?

 

Can people running for office use the Public Parks to circulate nomination papers and conduct fundraising activities in the election?

 

Can people running for office use the U.S. Post Office to circulate nomination papers and conduct fundraising activities in the election?

 

Please advise to what are the correct answers.

 

I am still waiting for Wisconsin Attorney General J.B. Von Hollen to opine on these questions.

 

BTW – Ryan McCue has acknowledged that he was on the Cudahy U.S. Post Office property getting signatures.  That is a fact!  The Hatch Act prohibits on any part of the federal property regardless of it is rented, owned or leased.

 

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From: Landgraf, Bruce [mailto:Bruce.Landgraf@da.wi.gov]

Sent: Wednesday, January 13, 2010 2:48 PM

To: rhollenbeck@gmail.com

Subject: Use of Public Locations for Political Purposes

 

Mr. Hollenbeck –

 

Your e-mail to the District Attorney has been forwarded to me for my attention.  I am the prosecutor assigned to handle election law issues arising in Milwaukee County.

 

It is not my place to offer advisory opinions on generalized fact situations.  Without suggesting that this is the only law that pertains to your inquiry, Wis. Stats. Section 11.36 may relate to the sort of activities that you have in mind.  The statute provides in relevant part:

 

11.36(1)     

(1) No person may solicit or receive from any state officer or employee or from any officer or employee of the University of Wisconsin Hospitals and Clinics Authority any contribution or service for any political purpose while the officer or employee is engaged in his or her official duties, except that an elected state official may solicit and receive services not constituting a contribution from a state officer or employee or an officer or employee of the University of Wisconsin Hospitals and Clinics Authority with respect to a referendum only. Agreement to perform services authorized under this subsection may not be a condition of employment for any such officer or employee.

 

11.36(2)     

(2) No person may solicit or receive from any officer or employee of a political subdivision of this state any contribution or service for any political purpose during established hours of employment or while the officer or employee is engaged in his or her official duties.

 

11.36(3)     

(3) Every person who has charge or control in a building, office or room occupied for any purpose by this state, by any political subdivision thereof or by the University of Wisconsin Hospitals and Clinics Authority shall prohibit the entry of any person into that building, office or room for the purpose of making or receiving a contribution.

 

11.36(4)     

(4) No person may enter or remain in any building, office or room occupied for any purpose by the state, by any political subdivision thereof or by the University of Wisconsin Hospitals and Clinics Authority or send or direct a letter or other notice thereto for the purpose of requesting or collecting a contribution.

 

11.36(5)     

(5) In this section, "political purpose" includes an act done for the purpose of influencing the election or nomination for election of a person to national office, and "contribution" includes an act done for that purpose.

 

I would note that I can think of fact patterns within the scope of your generalized fact situations that both would and would not violate Section 11.36. 

 

While I am generally aware of federal regulations that may impact upon the use of Post Office property, I would refer you to the United States Attorney’s Office as it may relate to your inquiry.

 

Bruce J. Landgraf

Assistant District Attorney

Milwaukee County

(414) 278-2178 - Voice

(414) 223-1929 – Fax

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