oama@lists.imla.org

Oklahoma Association of Municipal Attorneys

View all threads

campaigns

SH
Steven Holloway
Thu, Feb 25, 2021 6:58 PM

Is anyone aware of restrictions on campaign advertising imposed upon an incumbent town board member running for reelection?
IE: Is an incumbent allowed to considerately boast of municipal progress & achievements and positive financial condition of the town resulting from/during the incumbent’s past tenure in office?

Steven Holloway
hipshot.steven@gmail.com

Is anyone aware of restrictions on campaign advertising imposed upon an incumbent town board member running for reelection? IE: Is an incumbent allowed to considerately boast of municipal progress & achievements and positive financial condition of the town resulting from/during the incumbent’s past tenure in office? Steven Holloway hipshot.steven@gmail.com
RK
Rick Knighton
Thu, Feb 25, 2021 7:54 PM

I can’t imagine why they couldn’t – i.e., it is well established that elected officials do not relinquish their First Amendment rights.  See Wood v. Georgia, 370 U.S. 375, 82 S. Ct. 1364, 8 L. Ed. 2d 569 (1962) and Bond v. Floyd, 385 U.S. 116, 87 S. Ct. 339, 17 L. Ed. 2d 235 (1966).

Rickey J. Knighton II | Assistant City Attorney | City of Norman
201 West Gray | P.O. Box 370 | Norman, Oklahoma 73070
'  405.217.7700 | 6 405.366.5425 | • rick.knighton@normanok.govmailto:rick.knighton@normanok.gov | þ www.normanok.govhttp://www.normanok.gov/

This e-mail is the property of the City Attorney’s office, City of Norman, Oklahoma, and the information contained in this e-mail is protected by the attorney-client and/or the attorney work product privilege. It is intended only for the use of the individual named above and the privileges are not waived by virtue of this having been sent by e-mail. If the person actually receiving this message or any other reader of the message is not the named recipient or the employee or agent responsible to deliver it to the named recipient, any use, dissemination, distribution, or copying of the communication is strictly prohibited. If you have received this e-mail in error, please immediately notify us and return the original message.

From: Oama oama-bounces@lists.imla.org On Behalf Of Steven Holloway
Sent: Thursday, February 25, 2021 12:59 PM
To: Oklahoma Muncipal Attorneys oama oama@lists.imla.org
Subject: EXTERNAL EMAIL : [Oama] campaigns

Is anyone aware of restrictions on campaign advertising imposed upon an incumbent town board member running for reelection?
IE: Is an incumbent allowed to considerately boast of municipal progress & achievements and positive financial condition of the town resulting from/during the incumbent’s past tenure in office?

Steven Holloway
hipshot.steven@gmail.commailto:hipshot.steven@gmail.com

I can’t imagine why they couldn’t – i.e., it is well established that elected officials do not relinquish their First Amendment rights. See Wood v. Georgia, 370 U.S. 375, 82 S. Ct. 1364, 8 L. Ed. 2d 569 (1962) and Bond v. Floyd, 385 U.S. 116, 87 S. Ct. 339, 17 L. Ed. 2d 235 (1966). Rickey J. Knighton II | Assistant City Attorney | City of Norman 201 West Gray | P.O. Box 370 | Norman, Oklahoma 73070 ' 405.217.7700 | 6 405.366.5425 | • rick.knighton@normanok.gov<mailto:rick.knighton@normanok.gov> | þ www.normanok.gov<http://www.normanok.gov/> This e-mail is the property of the City Attorney’s office, City of Norman, Oklahoma, and the information contained in this e-mail is protected by the attorney-client and/or the attorney work product privilege. It is intended only for the use of the individual named above and the privileges are not waived by virtue of this having been sent by e-mail. If the person actually receiving this message or any other reader of the message is not the named recipient or the employee or agent responsible to deliver it to the named recipient, any use, dissemination, distribution, or copying of the communication is strictly prohibited. If you have received this e-mail in error, please immediately notify us and return the original message. From: Oama <oama-bounces@lists.imla.org> On Behalf Of Steven Holloway Sent: Thursday, February 25, 2021 12:59 PM To: Oklahoma Muncipal Attorneys oama <oama@lists.imla.org> Subject: EXTERNAL EMAIL : [Oama] campaigns Is anyone aware of restrictions on campaign advertising imposed upon an incumbent town board member running for reelection? IE: Is an incumbent allowed to considerately boast of municipal progress & achievements and positive financial condition of the town resulting from/during the incumbent’s past tenure in office? Steven Holloway hipshot.steven@gmail.com<mailto:hipshot.steven@gmail.com>
JM
Jon Miller
Thu, Feb 25, 2021 8:31 PM

I am not aware of any restrictions that would prohibit an existing incumbent from touting their efforts during their tenure.

Jonathan E. Miller
City Attorney
City of Mustang
1885 Piedmont Road N., Suite B
P.O. Box 546
Piedmont, Oklahoma 73078
Telephone: (405) 883-6266
Facsimile: (405) 883-6155


This message is sent by a lawyer and may contain information that is privileged or confidential.  If you received this transmission in error, please notify the sender by reply e-mail and delete this message and any attachments.  This e-mail is intended for the addressee(s) only, and may not be distributed to any other person without written consent of the sender.  Circular 230 disclosure: To ensure compliance with requirements imposed by the IRS, we inform you that any U.S. federal tax advice contained in this communication (including attachments) is not intended or written to be used and cannot be used for the purpose of (i) avoiding penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any transaction or matter addressed herein.

From: Oama oama-bounces@lists.imla.org On Behalf Of Steven Holloway
Sent: Thursday, February 25, 2021 12:59 PM
To: Oklahoma Muncipal Attorneys oama oama@lists.imla.org
Subject: [Oama] campaigns

Is anyone aware of restrictions on campaign advertising imposed upon an incumbent town board member running for reelection?
IE: Is an incumbent allowed to considerately boast of municipal progress & achievements and positive financial condition of the town resulting from/during the incumbent’s past tenure in office?

Steven Holloway
hipshot.steven@gmail.commailto:hipshot.steven@gmail.com

I am not aware of any restrictions that would prohibit an existing incumbent from touting their efforts during their tenure. Jonathan E. Miller City Attorney City of Mustang 1885 Piedmont Road N., Suite B P.O. Box 546 Piedmont, Oklahoma 73078 Telephone: (405) 883-6266 Facsimile: (405) 883-6155 ******************************************************************************* This message is sent by a lawyer and may contain information that is privileged or confidential. If you received this transmission in error, please notify the sender by reply e-mail and delete this message and any attachments. This e-mail is intended for the addressee(s) only, and may not be distributed to any other person without written consent of the sender. Circular 230 disclosure: To ensure compliance with requirements imposed by the IRS, we inform you that any U.S. federal tax advice contained in this communication (including attachments) is not intended or written to be used and cannot be used for the purpose of (i) avoiding penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any transaction or matter addressed herein. From: Oama <oama-bounces@lists.imla.org> On Behalf Of Steven Holloway Sent: Thursday, February 25, 2021 12:59 PM To: Oklahoma Muncipal Attorneys oama <oama@lists.imla.org> Subject: [Oama] campaigns Is anyone aware of restrictions on campaign advertising imposed upon an incumbent town board member running for reelection? IE: Is an incumbent allowed to considerately boast of municipal progress & achievements and positive financial condition of the town resulting from/during the incumbent’s past tenure in office? Steven Holloway hipshot.steven@gmail.com<mailto:hipshot.steven@gmail.com>
RT
Robert Thompson
Thu, Feb 25, 2021 8:51 PM

It seems the question is: can politicians act like politicians.  Answer is “Yes”.

Robert C. Thompson
Cheek & Falcone, PLLC
6301 Waterford Blvd., Suite 320
Oklahoma City,  Okla.  73118
direct telephone:405-286-9560
direct fax: 405-286-9680
Firm telephone: 405-286-9191
rthompson@cheekfalcone.commailto:rthompson@cheekfalcone.com

CONFIDENTIALITY NOTE:
This e-mail and any attachments may contain confidential information that is protected by legal privilege.  If you are not the intended recipient, be aware that any disclosure, copying, distribution or use of this e-mail or any attachment is prohibited.  If you have received this e-mail in error, please notify us immediately by returning it to the sender and delete this copy from your system.  Thank you for your cooperation.
Visit us at our website http://www.cheekfalcone.com/

From: Oama oama-bounces@lists.imla.org On Behalf Of Jon Miller
Sent: Thursday, February 25, 2021 2:32 PM
To: Steven Holloway hipshot.steven@gmail.com; Oklahoma Muncipal Attorneys oama oama@lists.imla.org
Subject: Re: [Oama] campaigns

I am not aware of any restrictions that would prohibit an existing incumbent from touting their efforts during their tenure.

Jonathan E. Miller
City Attorney
City of Mustang
1885 Piedmont Road N., Suite B
P.O. Box 546
Piedmont, Oklahoma 73078
Telephone: (405) 883-6266
Facsimile: (405) 883-6155


This message is sent by a lawyer and may contain information that is privileged or confidential.  If you received this transmission in error, please notify the sender by reply e-mail and delete this message and any attachments.  This e-mail is intended for the addressee(s) only, and may not be distributed to any other person without written consent of the sender.  Circular 230 disclosure: To ensure compliance with requirements imposed by the IRS, we inform you that any U.S. federal tax advice contained in this communication (including attachments) is not intended or written to be used and cannot be used for the purpose of (i) avoiding penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any transaction or matter addressed herein.

From: Oama <oama-bounces@lists.imla.orgmailto:oama-bounces@lists.imla.org> On Behalf Of Steven Holloway
Sent: Thursday, February 25, 2021 12:59 PM
To: Oklahoma Muncipal Attorneys oama <oama@lists.imla.orgmailto:oama@lists.imla.org>
Subject: [Oama] campaigns

Is anyone aware of restrictions on campaign advertising imposed upon an incumbent town board member running for reelection?
IE: Is an incumbent allowed to considerately boast of municipal progress & achievements and positive financial condition of the town resulting from/during the incumbent’s past tenure in office?

Steven Holloway
hipshot.steven@gmail.commailto:hipshot.steven@gmail.com

It seems the question is: can politicians act like politicians. Answer is “Yes”. Robert C. Thompson Cheek & Falcone, PLLC 6301 Waterford Blvd., Suite 320 Oklahoma City, Okla. 73118 direct telephone:405-286-9560 direct fax: 405-286-9680 Firm telephone: 405-286-9191 rthompson@cheekfalcone.com<mailto:rthompson@cheekfalcone.com> CONFIDENTIALITY NOTE: This e-mail and any attachments may contain confidential information that is protected by legal privilege. If you are not the intended recipient, be aware that any disclosure, copying, distribution or use of this e-mail or any attachment is prohibited. If you have received this e-mail in error, please notify us immediately by returning it to the sender and delete this copy from your system. Thank you for your cooperation. Visit us at our website http://www.cheekfalcone.com/ From: Oama <oama-bounces@lists.imla.org> On Behalf Of Jon Miller Sent: Thursday, February 25, 2021 2:32 PM To: Steven Holloway <hipshot.steven@gmail.com>; Oklahoma Muncipal Attorneys oama <oama@lists.imla.org> Subject: Re: [Oama] campaigns I am not aware of any restrictions that would prohibit an existing incumbent from touting their efforts during their tenure. Jonathan E. Miller City Attorney City of Mustang 1885 Piedmont Road N., Suite B P.O. Box 546 Piedmont, Oklahoma 73078 Telephone: (405) 883-6266 Facsimile: (405) 883-6155 ******************************************************************************* This message is sent by a lawyer and may contain information that is privileged or confidential. If you received this transmission in error, please notify the sender by reply e-mail and delete this message and any attachments. This e-mail is intended for the addressee(s) only, and may not be distributed to any other person without written consent of the sender. Circular 230 disclosure: To ensure compliance with requirements imposed by the IRS, we inform you that any U.S. federal tax advice contained in this communication (including attachments) is not intended or written to be used and cannot be used for the purpose of (i) avoiding penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any transaction or matter addressed herein. From: Oama <oama-bounces@lists.imla.org<mailto:oama-bounces@lists.imla.org>> On Behalf Of Steven Holloway Sent: Thursday, February 25, 2021 12:59 PM To: Oklahoma Muncipal Attorneys oama <oama@lists.imla.org<mailto:oama@lists.imla.org>> Subject: [Oama] campaigns Is anyone aware of restrictions on campaign advertising imposed upon an incumbent town board member running for reelection? IE: Is an incumbent allowed to considerately boast of municipal progress & achievements and positive financial condition of the town resulting from/during the incumbent’s past tenure in office? Steven Holloway hipshot.steven@gmail.com<mailto:hipshot.steven@gmail.com>
PL
Pat Layden
Thu, Feb 25, 2021 9:38 PM

Maybe there should be, but, I do not know of any prohibition for “horn
tooting”

From: Oama [mailto:oama-bounces@lists.imla.org] *On Behalf Of *Jon Miller
Sent: Thursday, February 25, 2021 2:32 PM
To: Steven Holloway hipshot.steven@gmail.com; Oklahoma Muncipal
Attorneys oama oama@lists.imla.org
Subject: Re: [Oama] campaigns

I am not aware of any restrictions that would prohibit an existing
incumbent from touting their efforts during their tenure.

Jonathan E. Miller

City Attorney

City of Mustang

1885 Piedmont Road N., Suite B

P.O. Box 546

Piedmont, Oklahoma 73078

Telephone: (405) 883-6266

Facsimile: (405) 883-6155


This message is sent by a lawyer and may contain information that is
privileged or confidential.  If you received this transmission in error,
please notify the sender by reply e-mail and delete this message and any
attachments.  This e-mail is intended for the addressee(s) only, and may
not be distributed to any other person without written consent of the
sender.  Circular 230 disclosure: To ensure compliance with requirements
imposed by the IRS, we inform you that any U.S. federal tax advice
contained in this communication (including attachments) is not intended or
written to be used and cannot be used for the purpose of (i) avoiding
penalties under the Internal Revenue Code or (ii) promoting, marketing or
recommending to another party any transaction or matter addressed herein.

From: Oama oama-bounces@lists.imla.org *On Behalf Of *Steven Holloway
Sent: Thursday, February 25, 2021 12:59 PM
To: Oklahoma Muncipal Attorneys oama oama@lists.imla.org
Subject: [Oama] campaigns

Is anyone aware of restrictions on campaign advertising imposed upon an
incumbent town board member running for reelection?

IE: Is an incumbent allowed to considerately boast of municipal progress
& achievements and positive financial condition of the town resulting
from/during the incumbent’s past tenure in office?

Steven Holloway

hipshot.steven@gmail.com

Maybe there should be, but, I do not know of any prohibition for “horn tooting” *From:* Oama [mailto:oama-bounces@lists.imla.org] *On Behalf Of *Jon Miller *Sent:* Thursday, February 25, 2021 2:32 PM *To:* Steven Holloway <hipshot.steven@gmail.com>; Oklahoma Muncipal Attorneys oama <oama@lists.imla.org> *Subject:* Re: [Oama] campaigns I am not aware of any restrictions that would prohibit an existing incumbent from touting their efforts during their tenure. Jonathan E. Miller City Attorney City of Mustang 1885 Piedmont Road N., Suite B P.O. Box 546 Piedmont, Oklahoma 73078 Telephone: (405) 883-6266 Facsimile: (405) 883-6155 ******************************************************************************* This message is sent by a lawyer and may contain information that is privileged or confidential. If you received this transmission in error, please notify the sender by reply e-mail and delete this message and any attachments. This e-mail is intended for the addressee(s) only, and may not be distributed to any other person without written consent of the sender. Circular 230 disclosure: To ensure compliance with requirements imposed by the IRS, we inform you that any U.S. federal tax advice contained in this communication (including attachments) is not intended or written to be used and cannot be used for the purpose of (i) avoiding penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any transaction or matter addressed herein. *From:* Oama <oama-bounces@lists.imla.org> *On Behalf Of *Steven Holloway *Sent:* Thursday, February 25, 2021 12:59 PM *To:* Oklahoma Muncipal Attorneys oama <oama@lists.imla.org> *Subject:* [Oama] campaigns Is anyone aware of restrictions on campaign advertising imposed upon an *incumbent* town board member running for reelection? IE: Is an *incumbent* allowed to considerately boast of municipal progress & achievements and positive financial condition of the town resulting from/during the incumbent’s past tenure in office? Steven Holloway hipshot.steven@gmail.com
MR
Mark Ramsey
Fri, Feb 26, 2021 2:43 PM

Agreed.  If there were, I would think there would be a First Amendment problem.

From: Oama oama-bounces@lists.imla.org On Behalf Of Jon Miller
Sent: Thursday, February 25, 2021 2:32 PM
To: Steven Holloway hipshot.steven@gmail.com; Oklahoma Muncipal Attorneys oama oama@lists.imla.org
Subject: Re: [Oama] campaigns

I am not aware of any restrictions that would prohibit an existing incumbent from touting their efforts during their tenure.

Jonathan E. Miller
City Attorney
City of Mustang
1885 Piedmont Road N., Suite B
P.O. Box 546
Piedmont, Oklahoma 73078
Telephone: (405) 883-6266
Facsimile: (405) 883-6155


This message is sent by a lawyer and may contain information that is privileged or confidential.  If you received this transmission in error, please notify the sender by reply e-mail and delete this message and any attachments.  This e-mail is intended for the addressee(s) only, and may not be distributed to any other person without written consent of the sender.  Circular 230 disclosure: To ensure compliance with requirements imposed by the IRS, we inform you that any U.S. federal tax advice contained in this communication (including attachments) is not intended or written to be used and cannot be used for the purpose of (i) avoiding penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any transaction or matter addressed herein.

From: Oama <oama-bounces@lists.imla.orgmailto:oama-bounces@lists.imla.org> On Behalf Of Steven Holloway
Sent: Thursday, February 25, 2021 12:59 PM
To: Oklahoma Muncipal Attorneys oama <oama@lists.imla.orgmailto:oama@lists.imla.org>
Subject: [Oama] campaigns

Is anyone aware of restrictions on campaign advertising imposed upon an incumbent town board member running for reelection?
IE: Is an incumbent allowed to considerately boast of municipal progress & achievements and positive financial condition of the town resulting from/during the incumbent’s past tenure in office?

Steven Holloway
hipshot.steven@gmail.commailto:hipshot.steven@gmail.com

Agreed. If there were, I would think there would be a First Amendment problem. From: Oama <oama-bounces@lists.imla.org> On Behalf Of Jon Miller Sent: Thursday, February 25, 2021 2:32 PM To: Steven Holloway <hipshot.steven@gmail.com>; Oklahoma Muncipal Attorneys oama <oama@lists.imla.org> Subject: Re: [Oama] campaigns I am not aware of any restrictions that would prohibit an existing incumbent from touting their efforts during their tenure. Jonathan E. Miller City Attorney City of Mustang 1885 Piedmont Road N., Suite B P.O. Box 546 Piedmont, Oklahoma 73078 Telephone: (405) 883-6266 Facsimile: (405) 883-6155 ******************************************************************************* This message is sent by a lawyer and may contain information that is privileged or confidential. If you received this transmission in error, please notify the sender by reply e-mail and delete this message and any attachments. This e-mail is intended for the addressee(s) only, and may not be distributed to any other person without written consent of the sender. Circular 230 disclosure: To ensure compliance with requirements imposed by the IRS, we inform you that any U.S. federal tax advice contained in this communication (including attachments) is not intended or written to be used and cannot be used for the purpose of (i) avoiding penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any transaction or matter addressed herein. From: Oama <oama-bounces@lists.imla.org<mailto:oama-bounces@lists.imla.org>> On Behalf Of Steven Holloway Sent: Thursday, February 25, 2021 12:59 PM To: Oklahoma Muncipal Attorneys oama <oama@lists.imla.org<mailto:oama@lists.imla.org>> Subject: [Oama] campaigns Is anyone aware of restrictions on campaign advertising imposed upon an incumbent town board member running for reelection? IE: Is an incumbent allowed to considerately boast of municipal progress & achievements and positive financial condition of the town resulting from/during the incumbent’s past tenure in office? Steven Holloway hipshot.steven@gmail.com<mailto:hipshot.steven@gmail.com>