Can an incumbent candidate use the Phrase "Re-Elect" to District 4, IF (due to re-districting) he was never elected to that Dist
Fayetteville, NC
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Posted about 1 month ago in Election Campaign / Political Law
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This is a City Council race. The candidate using the phrase was the incumbent of the former District 2 and elected to that position. As a result of a heavily gerrymandered redistricting, he became the District 4 rep. Completely different/new district with different constituency. It seems a far stretch of the truth to use the term re-elect. I am a challenger and am considering addressing this with the local Board of Elections.
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Answers (2)Jeffrey Mitchell Binder
This attorney is licensed in New Jersey and 1 other state.
Posted about 1 month ago.
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He will probably get away with it unless your local Board of Elections adjudicates unfair campaign practices in a timely manner -- hopefully before the election. You should check into whether your local League of Women's Voters has a "Fair Campaign Practices Committee" before whom you might be able to lodge a complaint. These committees sometimes issue their findings in press releases that are in turn picked up by the local papers. Good luck.
Robert Alan Beattey
This attorney is licensed in Ohio and 1 other state.
Posted 10 days ago.
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It would certainly be better practice to use the phrase "keep" or "retain" rather than "re-elect" given the circumstance you describe. A consultation with a NC election lawyer could get you an answer on whether it's a technical violation. But, as Mr. Binder points out, the timeliness of any redress is likely to be rather later than you might hope.
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