Fair Campaign Provisions for 2023 Delegate Election

Click here to report a Fair Campaign violation in the 2023 Delegate Election

The goal of these provisions is to ensure fair elections. Part of their purpose is to prevent staff, who have access to station resources, from having undue influence on listener elections, negative or positive. In the event of any violation of these provisions for fair campaigning, election staff shall determine, in good faith and at their sole discretion, an appropriate remedy, up to and including disqualification of the candidates (listener and staff). Suspension from the air of the offending staff persons (paid or unpaid) for the remainder of the elections period will also be considered and require the support of the ED and station management as this is outside the purview of the national election supervisor.

These provisions have been sent to staff on file via email. The Bylaws require every Staff member (paid and unpaid, including management) to sign the statement that they have read and understand these Fair Campaign Provisions. E-signatures will be accepted using this form. Candidates must submit signed copies of the Fair Campaign Rules document no later than 11:59 local time on June 30th, 2023. All candidates, programmers and staff members (paid or unpaid, management or non-management) shall certify that they have read and understood these fair campaign provisions.

Electronically sign the Fair Campaign Provisions clicking here.

Fair Campaign Rules include those mandated by the Bylaws and those proposed by the National Election Supervisor and adopted by the management of the Foundation as a matter of policy.

Rule #1

No Foundation or radio station management or staff (paid or unpaid) may use or permit the use of radio station air time to endorse, campaign or recommend in favor of, or against any candidates for election as a Listener Delegate, nor may air time be made available to some Listener Delegate candidates but not to others, in any capacity, whether as host, guest, caller, or other, whether live or recorded, including to discuss matters not directly related to station elections.

Rule #2

No foundation or radio station management or staff (paid or unpaid) may give any on-air endorsements to any candidates for Listener Delegate. The Board of Directors may not, nor may the LSB, nor any committee of the Board or of an LSB, as a body, endorse any candidates for election as a Delegate. However, an individual Director or Delegate who is a Member in good standing may endorse or sign petitions for candidates in his/her individual capacity.

Rule #3

All staff , management and candidate or candidate groups, or candidate supporters that maintain a website with station logos, call letters and/or references to station programs or candidates for election to Pacifica boards, are subject to, and shall be bound by these rules: Endorsements of candidates or prospective candidates on any official Pacifica web site or Pacifica station website are not permitted, either explicitly or via hyperlink to another web-page. Any website not linked from an official web site, which any station or Foundation staff or management maintain or contribute to, bearing the logo, names or partial names of an official Pacifica website but which is, in fact, independent of any Pacifica station, can endorse candidates but must include the following disclaimer prominently and on all pages.

“DISCLAIMER: This is not an official Pacifica Foundation website nor an official website of any of the five Pacifica Radio Stations (KPFA Radio, KPFK Radio, KPFT Radio, WBAI Radio, WPFW Radio). Opinions and facts alleged on this site belong to the author(s) of the website only and should NOT be assumed to be true or to reflect the editorial stance or policy of the Pacifica Foundation, or any of the five Pacifica Radio Stations (KPFA Radio, KPFK Radio, KPFT Radio, WBAI Radio, WPFW Radio), or the opinions of its management, Pacifica National Board, station staff or other listener members.”

Endorsement emails (web-based & list-serve) are permitted only if the email addresses were not taken directly from any station resources or web site.

Endorsement emails that use the Foundation’s member lists are subject to California Corporations Code Article 3. Rights of Inspection [6330 – 6338]
The following direct quote from the above cited code are of importance:
(beginning of quote)
(a) A membership list is a corporate asset. Without consent of the board a membership list or any part thereof may not be obtained or used by any person for any purpose not reasonably related to a member’s interest as a member. Without limiting the generality of the foregoing, without the consent of the board a membership list or any part thereof may not be:
(1) Used to solicit money or property unless such money or property will be used solely to solicit the vote of the members in an election to be held by their corporation.
(2) Used for any purpose which the user does not reasonably and in good faith believe will benefit the corporation.
(3) Used for any commercial purpose or purpose in competition with the corporation.
(4) Sold to or purchased by any person.(b) Any person who violates the provisions of subdivision (a) shall be liable for any damage such violation causes the corporation and shall account for and pay to the corporation any profit derived as a result of such violation. In addition, a court in its discretion may award exemplary damages for a fraudulent or malicious violation of subdivision (a).(c) Nothing in this article shall be construed to limit the right of a corporation to obtain injunctive relief necessary to restrain misuse of a membership list or any part thereof.(d) In any action or proceeding under this section, a court may award the corporation reasonable costs and expenses, including reasonable attorneys’ fees, in connection with such action or proceeding.(e) As used in this section, the term “membership list” means the record of the members’ names and addresses.
(end of quote)
Endorsement emails must contain the disclaimer statement.
“DISCLAIMER: This is not an official Pacifica Foundation mailing nor an official mailing of any of the five Pacifica Radio Stations (KPFA Radio, KPFK Radio, KPFT Radio, WBAI Radio, WPFW Radio). Opinions and facts alleged on this site belong to the author(s) only and should NOT be assumed to be true or to reflect the editorial stance or policy of the Pacifica Foundation, or any of the five Pacifica Radio Stations (KPFA Radio, KPFK Radio, KPFT Radio, WBAI Radio, WPFW Radio), or the opinions of its management, Pacifica National Board, station staff or other listener members.”
All mailings (e-campaigns and hard copy) will be managed by the Pacifica Foundation and must be requested using this form:  https://forms.gle/w4Ru1WbSXb2B2eog8

 

Rule #4

Station resources, including, but not limited to staff services, airtime, social media, endorsements, station equipment, and meeting space must be provided equally to all candidates.

Rule #5

Any listeners may organize community meetings to bring together listeners and prospective candidates for the purpose of learning about prospective candidates and collecting petition signatures.  Any such events may be announced on-air provided they have been approved by the Election Supervisor, are open to all nominated candidates, are open to any listener, are in a handicap-accessible location, do not endorse any candidates, raise money for any candidates, or promote events to raise money for any candidates.

Rule #6 
Pacifica cannot and will not attempt to be the arbiter of “acceptable political speech” in the context of an election campaign, but does urge all participants to be mindful of existing laws against libel and slander.
 
Rule #7 

Listener candidates are not permitted to call in to shows, or otherwise allow their voices to be heard on-air, even if they do not use their names. If prospective candidates have called into a show during the nominations phase this may count towards their on-air opportunity and they may not be invited to participate in the station’s on-air listener forum.

When Fair Campaign Provisions Begin 

A listener member will be deemed a candidate, and thus subject to all Fair Campaign Rules, once the individual has registered as a potential candidate on this website. Election staff will post on the elections web site a list of all Listener Delegate Candidates.

Staff will be expected to check this list before scheduling any guests, playing any pre-recorded piece, or recording any announcements in order to assure compliance with the Fair Campaign rules. For all Foundation and station staff and management, the Fair Campaign Provisions commence on June 1, 2023 with the opening of the nomination period, and apply to all prospective candidates (candidates who have and have not completed their nominations packet).

How To Report a Perceived Violation 

How To Report a Perceived Violation 
Once the election period begins, a worker, volunteer, voter, candidate, board member or member of the public may report a perceived violation using the form linked here https://forms.gle/xESx3d3YxGmkrz727. Random emails to election staff do not constitute a formal complaint and filling out the form is required in order to receive an official response. Complaints must include the following information:
1. The name and contact information (telephone and email address) of the person making the complaint. If a complainant wishes to remain anonymous, indicate that on the form and the response to the complaint will be posted on the website at elections.pacifica.org/
2. The name of the persons alleged to have violated the rules
3. The approximate date and time of the violation as precisely as possible.
4. The number of the rule or rules alleged to have been violated
5. A brief description of what happened.
6. Evidence, which can include, a recording, a video, an eyewitness account, or a document.
Please do not submit hearsay complaints for which the complainant has no direct evidence available.
Disciplinary Protocol 2023 
Rules aren’t rules if there are no consequences for breaking them, so election staff takes violations of the fair campaign rules seriously. While election staff maintains the discretion to respond uniquely to special circumstances, in general the following penalties will be applied. In all cases, ES will make every reasonable effort to apply any applicable penalties to those most directly responsible for the violation. However due to the existence of factions, the ES must take into consideration actions that are done on behalf of a candidate.
 

Please note that at the time that an election complaint is filed, election staff will notify all parties and request more information as this will enter into their decisions.

For listener candidates:

First violation – If inadvertent, ie by mistake, omission, or lack of clarity about the fair campaign rules, a candidate who has broken a rule which resulted in unequal access to station resources (eg. air time), will lose their participation in the on air listener candidate forums and promotional video carts.Second violation – A second violation by a candidate or on behalf of a candidate, or a first violation that is objectively purposeful or malicious, will result in candidate disqualification.

For staff candidates:
A staff candidate violation will result in immediate disqualification.
Suspension from the air of the offending staff persons (paid or unpaid) for the remainder of the elections period will also be considered and require the support of the ED and station management as this is outside the purview of the national election supervisor.
If a candidate is subject to a first or second disqualifying strike, candidates have 48 hours to make an appeal to election staff (the NES and Fair Campaign Coordinator).