Less than 24 hours after hearing complaints from Ballston Town Council candidate Patti Southworth against her opponent Mary Beth Hynes, a Fair Campaign Practices (FCP) panel said Hynes breached guidelines of fair campaign practice in some of her campaign literature.
At issue were two recent flyers mailed to town residents by Hynes, the Republican incumbent on the town board, comparing the experience and public appearances of the two candidates. Southworth, who is running on the Democratic-Independent- Working party line, lodged complaints about the specific wording of the mailings, particularly printed statements that Southworth had no record of speaking out on town issues, and that she had broken a promise when she failed to attend a recent LWV Meet the Candidates Night.
In statements to the FCP panel Friday night, a Hynes representative said there had been `harsh language` from both candidates, but that no untruthful or unethical statements were included in the mailings.
The panel, members of the League of Women Voters that established the FCP, upheld two points in Southworth’s complaint.
`Had Ms. Hynes’ flier merely purported to compare the records of the two candidates, FCP would agree that it fell within the realm of rough and tumble political debate without crossing the line into unfair campaign practice,` said the statement released by FCP late Saturday. `However.. the flier erroneously presented that Ms. Southworth has no stand on the issues discussed, in violation of FCP principle 4, which prohibits the use of campaign material that misrepresents, distorts, or otherwise falsifies a fact or facts regarding the opponent.`
The panel also found a statement in the Hynes’ mailing that Southworth `broke her promise to listen to Ballston voters when she skipped the League of Women Voters debate,` to be in violation of FCP standards.
On the remainder of Southworth’s 11-point complaint, the panel ruled the mailings did engage in fair campaign standards.
`With the two exceptions noted above, FCP believes this flier constitutes rhetoric or political discourse of the sort that is normal and acceptable in a vigorous campaign for public office,` said the written statement.
The FCP findings do not come with any legal ramifications, nor are they intended to sway the decisions of voters.
After the five-member panel’s ruling, Hynes said she believed the comparison piece was valid.
`It’s up to the voters, and I stand on my experience and leadership.`
Southworth lost her bid for a town council seat last year to Paul Farnan, who resigned in February. Hynes was chosen from a number of candidates including Southworth and appointed to the open slot. Under public service law, Hynes must now be elected to continue to serve.
Contacted Saturday night, Southworth’s son Jason Southworth read a prepared reply to the FCP findings.
`This ruling shows that you can no longer get away with negative campaigning and character attacks in Ballston.`
In a race marred by purported events such as campaign signs being knocked down or set on fire, voters in the Town of Ballston will hold the final outcome in their hands on Tuesday.
`Ultimately, it is up to the voters,` said LWV spokesperson Barbara Thomas, contacted late Saturday night. `The ruling is not the only thing for voters to consider. They must consider who best meets their interests and who best represents their views.`
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