# Is this a violation of election law?

**URL:** <https://boards.straightdope.com/t/is-this-a-violation-of-election-law/914973>\
**Category:** Politics & Elections\
**Created:** [July 10, 2020, 9:19pm UTC](https://boards.straightdope.com/t/is-this-a-violation-of-election-law/914973 "2020-07-10T21:19:47Z")\
**Posts on this page:** 13\
**Page:** 2

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**Author:** ![Czarcasm](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/czarcasm/32/4050_2.png) [@Czarcasm](https://boards.straightdope.com/u/Czarcasm)\
**Post date:** [July 11, 2020, 4:37am UTC](https://boards.straightdope.com/t/is-this-a-violation-of-election-law/914973/21 "2020-07-11T04:37:54Z")

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> [@SlackerInc](#):
>
> I feel like you are really splitting hairs. And you came in all scornful and sarcastic like I didn’t even remotely have an argument here

I see a real difference between the two, but if you want to switch the argument from what I pointed out to how I didn’t treat you with the respect you deserve there isn’t much more I can do here.

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**Author:** ![SlackerInc](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/slackerinc/32/275_2.png) [@SlackerInc](https://boards.straightdope.com/u/SlackerInc)\
**Post date:** [July 11, 2020, 4:53am UTC](https://boards.straightdope.com/t/is-this-a-violation-of-election-law/914973/22 "2020-07-11T04:53:20Z")

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> [@Slash1972](#):
>
> It’s a poor argument maybe? She posted some spreadsheet. Is she calling for those cuts? Are those cuts just is what is going to happen? Maybe it is just something that might happen? A screenshot of an Excel spreadsheet is not really evidence of anything.

My issue is that she won’t let people question her on any of it.

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**Author:** ![Max\_S](https://avatars.discourse-cdn.com/v4/letter/m/46a35a/32.png) [@Max\_S](https://boards.straightdope.com/u/Max_S)\
**Post date:** [July 11, 2020, 4:55am UTC](https://boards.straightdope.com/t/is-this-a-violation-of-election-law/914973/23 "2020-07-11T04:55:49Z")

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No, your issue should be that she is only letting _some_ people question it. If she had disabled comments entirely, or published in print media, you would be without even that line of attack.

~Max

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**Author:** ![SlackerInc](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/slackerinc/32/275_2.png) [@SlackerInc](https://boards.straightdope.com/u/SlackerInc)\
**Post date:** [July 11, 2020, 4:59am UTC](https://boards.straightdope.com/t/is-this-a-violation-of-election-law/914973/24 "2020-07-11T04:59:32Z")

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Yes, you’re right. I misspoke.

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**Author:** ![Max\_S](https://avatars.discourse-cdn.com/v4/letter/m/46a35a/32.png) [@Max\_S](https://boards.straightdope.com/u/Max_S)\
**Post date:** [July 11, 2020, 5:04am UTC](https://boards.straightdope.com/t/is-this-a-violation-of-election-law/914973/25 "2020-07-11T05:04:52Z")

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Just because she’s your representative does not mean she can’t curate her own social media pages. When conducting official business, yes, she has to let everybody or nobody have their say. But unlike the Trump case, I don’t think you’ve established that this advocacy against some Medicaid expansion resolution qualifies as official business. As I said upthread, anybody could make that post. There is nothing about her position which gives the post the force of law or public policy. Contrast with President Trump who the court critically found as having officially notified Congress and the public of United States policy via Twitter. Nobody else could have made those posts.

~Max

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**Author:** ![Max\_S](https://avatars.discourse-cdn.com/v4/letter/m/46a35a/32.png) [@Max\_S](https://boards.straightdope.com/u/Max_S)\
**Post date:** [July 11, 2020, 5:11am UTC](https://boards.straightdope.com/t/is-this-a-violation-of-election-law/914973/26 "2020-07-11T05:11:38Z")

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> [@Max\_S](#):
>
> When conducting official business, yes, she has to let everybody or nobody have their say.

Even then, she can still choose to select who can or can’t speak, as long as its not viewpoint discrimination (or racial discrimination, sex discrimination, etc). Think about a traditional town hall - the representative has the right to choose who is recognized to speak their mind.

~Max

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**Author:** ![SlackerInc](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/slackerinc/32/275_2.png) [@SlackerInc](https://boards.straightdope.com/u/SlackerInc)\
**Post date:** [July 11, 2020, 5:58am UTC](https://boards.straightdope.com/t/is-this-a-violation-of-election-law/914973/27 "2020-07-11T05:58:01Z")

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> [@Max\_S](#):
>
> Even then, she can still choose to select who can or can’t speak, as long as its not viewpoint discrimination

She’s clearly engaging in viewpoint discrimination. It’s all the more blatant than it could ever be in a town hall, because she actively removed comments criticizing her and left the others standing. I’ve seen a lot of Facebook threads posted by elected officials, and I’ve never seen _any_ of them be so brazen.

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**Author:** ![Czarcasm](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/czarcasm/32/4050_2.png) [@Czarcasm](https://boards.straightdope.com/u/Czarcasm)\
**Post date:** [July 11, 2020, 8:41am UTC](https://boards.straightdope.com/t/is-this-a-violation-of-election-law/914973/28 "2020-07-11T08:41:22Z")

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If being brazen was against the law, there wouldn’t be enough room left in prison for anyone else.

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**Author:** ![JRDelirious](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/jrdelirious/32/9531_2.png) [@JRDelirious](https://boards.straightdope.com/u/JRDelirious)\
**Post date:** [July 11, 2020, 1:40pm UTC](https://boards.straightdope.com/t/is-this-a-violation-of-election-law/914973/29 "2020-07-11T13:40:24Z")

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> [@SlackerInc](#):
>
> She’s a public official (member of the legislature) advocating a vote against a referendum authorizing Medicaid expansion, with a warning that she will cut individual schools’ funding by X amount if it passes. How can that not be “for official purposes”?

When it’s for _campaign_ advocacy purposes. With such officials as legislators it’s a headache because they are both legislators 24/7 AND political campaigners 24/7, and their office is inherently partisan; unless you adopt the Best Practice (not mandated, at least in her state apparently) of strictly separating an official-duty social account on the one hand and a personal/partisan social account on the other, this happens.

But in short, no it is not a violation of election laws.

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**Author:** ![TriPolar](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/tripolar/32/3008_2.png) [@TriPolar](https://boards.straightdope.com/u/TriPolar)\
**Post date:** [July 11, 2020, 1:45pm UTC](https://boards.straightdope.com/t/is-this-a-violation-of-election-law/914973/30 "2020-07-11T13:45:16Z")

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Let’s say it is a violation of election law. The average penalty for that is a Canadian upbraiding - “Sorry to have to tell you that you shouldn’t do that if it’s not too much trouble”.

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**Author:** ![Exapno\_Mapcase](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/exapno_mapcase/32/1051_2.png) [@Exapno\_Mapcase](https://boards.straightdope.com/u/Exapno_Mapcase)\
**Post date:** [July 11, 2020, 3:31pm UTC](https://boards.straightdope.com/t/is-this-a-violation-of-election-law/914973/31 "2020-07-11T15:31:30Z")

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> [@SlackerInc](#):
>
> you came in all scornful and sarcastic like I didn’t even remotely have an argument here.

Ah, now you understand what we’re saying.

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**Author:** ![SlackerInc](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/slackerinc/32/275_2.png) [@SlackerInc](https://boards.straightdope.com/u/SlackerInc)\
**Post date:** [July 11, 2020, 8:34pm UTC](https://boards.straightdope.com/t/is-this-a-violation-of-election-law/914973/32 "2020-07-11T20:34:44Z")

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> [@TriPolar](#):
>
> Let’s say it is a violation of election law. The average penalty for that is a Canadian upbraiding - “Sorry to have to tell you that you shouldn’t do that if it’s not too much trouble”

This is true. I’ve still never seen any other elected official pull this stunt. Which is not to say that none have, obviously–I don’t frequent the Facebook pages and Twitter timelines of every downballot official across the country–but I have been to quite a few and this is the first time I’ve seen it happen. I hope it’s not the sign of a trend.

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<div class="post-metadata">

**Author:** ![Max\_S](https://avatars.discourse-cdn.com/v4/letter/m/46a35a/32.png) [@Max\_S](https://boards.straightdope.com/u/Max_S)\
**Post date:** [July 13, 2020, 7:02pm UTC](https://boards.straightdope.com/t/is-this-a-violation-of-election-law/914973/33 "2020-07-13T19:02:01Z")

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In my opinion, her viewpoint discrimination is fine until you convince me that her advocacy against Medicaid expansion qualifies as official business.

~Max

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