The Westchester County Fair Campaign Practice Committee today ruled on three outright lies that Assemblyman Greg Ball has been spreading to Westchester voters about Mike Kaplowitz. In every case, the Committee found in favor of Mike Kaplowitz – and in every case, the committee found that Assemblyman Ball explicitly misled voters and used unfair campaign practices.
“It is clear that Assemblyman Ball – a desperate career Albany politician — has been misleading voters for the past months and years,” said Kaplowitz. “We are glad that the Westchester County Fair Campaign Practice Committee has seen through his veiled attempts to misrepresent my record of standing up for the people of Westchester. In one day, the voters have been able to see two things very clearly: Not only can Assemblyman Ball not be trusted to represent women, he can't be trusted at all.”
Below is the Committee’s full finding:
WESTCHESTER COUNTY FAIR CAMPAIGN PRACTICES COMMITTEE
14 North Chatsworth Avenue #3E, Larchmont, NY 10538
914-834-0615/ faircampaign@optonline.net
www.faircampaignpractices.org
Oct. 15, 2010 — FOR IMMEDIATE RELEASE
Contact: Evelyn M. Stock, Chair, 914-472-4719
Findings in the Complaints of Michael Kaplowitz v. Greg Ball
Candidates for the New York State Senate, District 40
The Westchester County Fair Campaign Practices Committee met on October 14, 2010 to hear the complaints of Michael Kaplowitz, Democrat, against Greg Ball, Republican, candidates for the New York State Senate, 40th District. Mr. Kaplowitz was represented by Gary Friedman; Mr. Ball was represented by Daniel Branda and Jim Coleman.
COMPLAINT:
In a recent mailer, Assemblyman Ball’s campaign stated that Mr. Kaplowitz “spent billions, needlessly, hiked taxes recklessly, and rubber stamped Andy Spano’s every move.”
FINDING: UNFAIR CAMPAIGN PRACTICE
It was not clear from the mailer how the term “spent billions” was arrived at, nor was it documented that funds were spent “needlessly.” The operating budget for 2010-2011 is approximately $1.8 billion. In addition, Kaplowitz voted against at least one of the budgets, and all of the others were reduced from what County Executive Spano had requested.
COMPLAINT: Mr. Kaplowitz complains that the mailer illustrates a mock “Tax Bill” for “$11+ billion,” is twice dated 2010-2011, and provides figures that could not reflect these dates but a much longer period of government expenditures. In addition, it identifies him as Budget & Appropriations Committee Chairman in that time period, when he has not been its chairman for the last two years.
FINDING: MISLEADING AND UNFAIR CAMPAIGN PRACTICE
Committee guidelines state that a candidate should make any data he/she presents in campaign literatures as specific and detailed as possible. Graphic or written representation of statistical data such as budgetary and tax information must be accurate with regard to detail and context and clearly indicate the time-periods and the amounts involved, and the source of the information. In addition, as noted, Mr. Kaplowitz was not Budget and Appropriations Committee chair for the 2010-2010 County budget.
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COMPLAINT:
Mr. Kaplowitz complains that the mailer says that he “hikes our taxes when he thinks we aren’t watching.
FINDING: UNFAIR CAMPAIGN PRACTICE
There are opportunities for public input, although it is true that most taxpayers do not take advantage of these opportunities, and there was no evidence presented that substantiated that Mr. Kaplowitz tried to hide his activities relating to the budget.
If a candidate or campaign wishes to quote from a Finding, the Committee requires that it be quoted in its entirety. The Committee regards selective quotation of its Findings as a violation of fair campaign practices.
Committee Members: Evelyn M. Stock (Chair), Miriam Cohen (Coordinator), Dennis Chillemi. Dan Franklin, Victor Goldberg, LaRuth Gray, Susan Pace Guma, Robert Kirkwood, Milton Hoffman, Lee Kinnally, Polly M. Kuhn, Ernest Prince, Susan Schwarz, Lorelei A. Vargas.
Ex officio: Representatives of the Republican Party, Democratic Party, Independence Party, Conservative Party, Working Families Party.
The purpose of the Westchester County Fair Campaign Practices Committee is to promote a climate in which candidates conduct honest and fair campaigns. The Committee encourages candidates to conduct campaigns openly and fairly, to discuss issues, to refrain from dishonest and defamatory attacks, and not to use campaign materials that distort the facts.
The Committee does not sit as a censor of political discussion nor as a body to enforce election law or make legal decisions. Its task is to accept written complaints about alleged unfair campaign practices and to determine whether the action complained about is indeed unfair. Among other things, the Committee will consider to be unfair any campaign practice that is a misstatement of a material fact or that misleads the public.
The Committee has no power to compel anyone to stop doing what it has found it be unfair. If the Committee acts on a complaint, it will release its findings to inform the public. The Committee may choose not to consider a complaint; in that case, a hearing is not held and the parties to the complaint are so notified.
Statement of Principles of the Committee, as stated in its Manual, available at www.faircampaignpractices.org. The Westchester County Fair Campaign Practices Committee believes that candidates should conduct their campaigns in accordance with the following principles:
- The candidate will conduct a campaign for public office openly and fairly. The candidate will discuss the issues and participate in fair debate with respect to his/her views and qualifications.
- The candidate will neither engage in nor be involved with unfair or misleading attacks upon the character of an opponent, nor will the candidate engage in invasions of personal privacy unrelated to fitness for office.
- The candidate will not participate in or condone any appeal to prejudice.
- The candidate will neither use nor be involved with the use of any campaign material or advertisements that misrepresents or distorts the facts.
- The candidate will clearly identify by name the source of all advertisements and campaign literature published and distributed.
- The candidate will not abuse the Westchester County Fair Campaign Practices Committee process in order to obtain political advantage.
The candidate will publicly repudiate materials or actions from any individual or group that would violate this Statement of Principles.
The Westchester County Fair Campaign Practice Committee today ruled on three outright lies that Assemblyman Greg Ball has been spreading to Westchester voters about Mike Kaplowitz. In every case, the Committee found in favor of Mike Kaplowitz – and in every case, the committee found that Assemblyman Ball explicitly misled voters and used unfair campaign practices.