Candidate says state misinformed her about campaign signs

Prior to using the word “Republican” on any of my campaign materials, I as well as others did call the Commissioner of Political Practices for advice. I was assured at that time there was no law that would prevent me from doing that. 

In fact, I was told that a candidate has the constitutional right to disclose any information to the public they choose, including their political affiliation.  I relied on that advice and proceeded to order my banners that say Republican as well as referring to me as a Republican in my ads.

My banners went up around Aug. 15, and I was just informed about a week ago by the Commissioner  of Political Practices that they may have misinformed me earlier this year because they were just made aware of the state code 13-10-602.  

They did reassure me that this code is not under their jurisdiction and they would take complete responsibility for the information that they previously provided to me.

Upon learning about that, my husband called the Secretary of State’s Office and was told that statute allows political organizations to take legal action against a candidate who is using their organizations name in their advertising or campaign material. For example, the GOP Central Committee owns that name, and they would have the legal right to take legal action against a candidate who is using that name in their candidacy. I have not done that.

On Oct. 30, I was informed by all newspapers to give a statement regarding this issue. I immediately took time off of work and went home and called the Commisssioner of Politcal Practices and informed them of this situation, and Mary Baker said she would respond to the papers in my support. My husband and I also called the Secretary of State’s Office and talked to election specialist Alan Miller to see if we could quote what he told us earlier, and he said we did not need to because code 13-10-602 does not apply to county elections and that would also be his response to anyone else who called.

Code 13-10-602 is located in the Primary Election & Nomination Section for pre-primary procedures.

 When it comes to elections, allegations will be made. I made all the phone calls and did the research to ensure I was following all campaign laws so I would not have to go through what is being thrown at me now.

— Robin Benson is a candidate for Lincoln County clerk and recorder. She was allowed to write her second letter to the editor this month in order to give her a fair chance to respond to recent news that her campaign signs may have violated state law.