"We've advised them to take steps to document that they're off the clock, so to speak, but exactly how you would do that, it's never been spelled out," Sloan said.Many politicians have campaigned for other politicians during office hours and beyond. I doubt the law was intended to prevent that. But it could be the law needs cleaning up. And toughening in a number of other respects.
1. I don't think there's merit to Hutchinson's contention that the same rationale should be extended to campaigning for state candidates. The Ethics Commission—incorrectly, in my opinion—that federal candidates weren't candidates specifically, and solely, because they are exempted in subchapter six of the election laws. Those same definitions explicitly include all non-federal candidates. It may be that the Ethics Commission can extend some other basis for the Governor, but his argument that the same thing should apply here as it did in Milligan/Rutledge is incorrect on its face.
2. The statute in question only prohibits campaigning during normal office hours. Asa and others can campaign on weekends, evenings, before work, whatever. Really, this is no different from the federal law that prohibits federal employees from doing political work during business hours. And it's way more narrowly tailored than the ban on judges doing any political work at all. Basically, it boils down to, if you're elected to a position, do your job first (i.e., during business hours) and save the politicking for your own time.
3. Finally, it's interesting to me that Asa called me on Feb. 15, two weeks before the Eddie Joe stuff, and talked about how the law "could be a problem" and seemed clear in what it said. I even played devil's advocate and tried to give him wiggle room, but he disagreed that there was much wiggle room at all. I've attached that recorded phone call.
Yes, that's some seriously wonderful news right there, Vanessa.
Great news Vanessa!
Don't take test your luck with Federal prosecutors and judges ....