(2) the authority with whom the application is filed may not accept an amendment to an application filed under Section 141.031. Peter Braithwaite (2nd), Ald. For more information, please see Election Year IssuesPDF. Thank you for your website feedback! 141.031. 417), Sec. "They have the same First Amendment rights as everyone else.". (a) In this section, "candidate" has the meaning assigned by Section 251.001(1), Election Code. 141.061. Candidates who are not required to file nominating petitions, i.e. 211, Sec. Main Menu. Holmes has been accused of ethics violations regarding her use of a city email account to send out a candidate endorsement. (2) the authority with whom the application is filed may not accept an amendment to a petition in lieu of a filing fee submitted with the candidate's application. If you are uncertain whether your position is a "special" position for purposes of the conflict of interest law, you should obtain advice from the Ethics Commission's Legal Division by calling (617) 371-9500, or online at www.mass.gov/ethics. You should expect to do call time every day. Yes, churches can endorse political candidates. SIGNING MORE THAN ONE PETITION PROHIBITED. (c) A single notarized affidavit by any person who obtained signatures is valid for all signatures gathered by the person if the date of notarization is on or after the date of the last signature obtained by the person. If you need assistance, please contact the State Ethics Commission. Acts 1985, 69th Leg., ch. Jan. 1, 1986. A public employee who is uncertain about the restrictions imposed by the campaign finance law should consult OCPF. She was sending things to people on my (email) list, Rainey, who was in the audience, said. If, however, an elected official has specific paid work hours, he may engage in such activity during his public work hours only as to matters within his official responsibility or his agency's purview. AGE AND RESIDENCE REQUIREMENTS FOR HOME-RULE CITY OFFICE. September 1, 2021. Sec. (b) This section does not apply to an office filled at the general election for state and county officers. Ethical norms that have previously been assumed now need to be fixed into law. April 19, 2017. Consequently, a written or oral endorsement of a candidate is strictly forbidden. 554, Sec. Pastors, Not the Gov't, Should Decide When They Can Speak About Candidates From the Pulpit - Christian Post Minnesota Pastors Plan to Endorse Candidates From the Pulpit - Minnesota Independent. (a-3) The authority with whom an application for a place on a general primary election ballot is filed under Section 172.022 shall, to the extent permitted by law, use Subsections (a) and (a-1) in determining whether a candidate meets the residency requirements for a public elective office. Please let us know how we can improve this page. (a) On request of the secretary of state, a voter registrar shall verify the voter registration status of a signer of a petition filed with the secretary who the petition indicates is registered or has been accepted for registration in the county served by the registrar. 2, Sec. 141.004. The board discussed a. P.C., Stuart. 1, eff. When you're a first-time candidate, there's a learning curve, and successful "asks" in the early stage create the foundation for the more aggressive fundraising efforts to follow. An authority responsible for certifying the names of candidates for placement on the ballot shall certify each name in the form indicated on the candidate's application for a place on the ballot, subject to Subchapter B, Chapter 52. 417), Sec. (a) The authority with whom an application for a place on the ballot under this subchapter must be filed shall post notice of the dates of the filing period in a public place in a building in which the authority has an office not later than the 30th day before: (1) the first day on which a candidate may file the application; or. Section 104.31(1)(a), F. S., does not prohibit elective municipal officers from using their official titles in connection with the writing and publication of open letters or newsletters endorsing or criticizing candidates for public office since such conduct, standing alone, would not of itself evince the corrupt use of official authority or . As a result, we limit our coverage of endorsements in battleground general elections to a specific list of noteworthy endorsements. EFFECT OF BOUNDARY CHANGE ON RESIDENCE REQUIREMENT FOR CITY OFFICE. These include: Elected officials endorsing across party lines Election-related political activity is regulated by the campaign finance law, and activity prohibited under that law will generally be impermissible under the conflict of interest law. FILING APPLICATIONS FOR MORE THAN ONE OFFICE PROHIBITED. 54, Sec. These principles apply to all persons holding appointed policy-making positions, including appointed municipal board members, regarding non-election-related political activities concerning matterswithin their official responsibility. See N.J.S.A. (f) This section does not apply to a determination of a candidate's eligibility. Regulation on the approval process for State officers and employees designated as policy makers to pursueoutside employment or memberships in boards and other related activities other than their full time State employment. In her official capacity, on behalf of the State Police and without any compensation apart from her State Police salary, the Colonel may also: provide the resulting analysis to persons requesting it or attending public meetings of the agency or visiting its office; post the analysis on a governmental bulletin board or website, provided that it does not advocate for or against the ballot question; hold an informational forum, or participate in such a forum held by a private group; and communicate with the press concerning the ballot question and its potential impact on the State Police, but only in a manner and to a degree consistent with the established practices of the State Police. Sec. so long as they are not acting in their official capacity when making the endorsement or authorizing the use of their title. Sec. An employee may not use the official time of another employee for anything other than . Sec. (c) Not later than the 30th day after the date the secretary of state or county clerk receives an estimate request, the secretary or clerk shall certify the secretary's or clerk's estimate in writing and deliver a copy of the certification to the candidate and to the authority with whom the candidate's application for a place on the ballot is required to be filed. The statute prosecutes individuals who conspire to commit any offense against the United States, or to defraud the United States or any agency thereof in order to violate election laws. The Commission periodically releases Ethics Reminders. 504 (H.B. January 1, 2020. This law refers to restrictions on the business or professional activities of current and former State officers and employees and political party chairs. 1, eff. ELIGIBILITY FOR PUBLIC OFFICE. 29, eff. Sec. Ind. [1]Detailed information on the inclusion of official position information on nomination papers and election ballots may be obtained from the Office of the Secretary of the Commonwealth concerning state and county elections and from the city or town clerk concerning municipal elections. Jan. 1, 1986. Sept. 1, 1997. (a) A filing fee paid in connection with a candidate's application for a place on the ballot shall be refunded to the candidate or to the candidate's estate, as appropriate, if before the date of the election for which the application is made: (2) the candidate is declared ineligible; or. Sec. 614 (H.B. ELIGIBILITY REQUIREMENTS FOR PUBLIC OFFICE. Acts 2021, 87th Leg., R.S., Ch. Acts 2021, 87th Leg., R.S., Ch. Some page levels are currently hidden. County employees cannot take part in a campaign "while on duty, in uniform or while wearing Hernando County insignia," the manual says, nor can they campaign while on the clock. The candidate may not direct his campaign workers to do what he is prohibited from doing himself. For example, a section 501 (c) (3) organization may not publish or distribute printed statements or make oral statements on behalf of, or in opposition to, a candidate for public office. Sec. . Acts 2013, 83rd Leg., R.S., Ch. 4-15-2.2-44. 1135), Sec. No person can use his or her official State position to coerce, intimidate or influence other State officers or employees for any political purpose, action or contribution, or interfere with any election. Sec. The subordinates engaging in those activities, as lawfully authorized and directed by the Superintendent, do not violate the law. A corporation or labor organization may endorse a candidate and may communicate the endorsement to the general public. Elected public employees have greater latitude under the conflict of interest law to engage in certain election-related political activities than do appointed public employees, even those holding policy-making positions. Thus, neither an individual appointed policy-maker nor a board comprised of such employees may use their individual titles or their board name in a political advertisement in favor of or against a ballot question. 1164 (H.B. Jan. 1, 1986. If elected to a federal or state public office, a classified employee is considered to have resigned from state service on the date the person takes office. But I stand . Sec. In addition, because they hold their positions by popular vote, elected officials are not required to limit their non-election-related political activities to matters within their respective official responsibilities or within the purview of their own agencies. May attend any function or event at any time during the day and voice his or her opinion about a candidate or ballot proposition as long as they are not being compensated and are not using any public equipment, vehicle or other facility. 76, eff. On the other hand, a section 501(c)(4), (5), or (6) organizationmay engage in political campaigns, provided that such activities are not the organization's primary activity. 279 (H.B. September 1, 2017. DUTY OF LOCAL AUTHORITY TO VERIFY SIGNATURES. Amended by Acts 1993, 73rd Leg., ch. 11A:2-23. Sec. Jan. 1, 1986. Similarly, a public schools superintendent may, in her official capacity, seek to convince the municipal government, including the town meeting, to support a new public school, but not to support a new public safety building or public library, which are outside of the purview of the school department. ELECTIONS - POLITICAL PARTIES - ENDORSEMENT OF CANDIDATES IN PRIMARY ELECTION. 1178 (S.B. 828 (H.B. September 1, 2005. (b) A claim for a refund of a filing fee must be presented to the authority with whom the candidate's application for a place on the ballot is filed. 4555), Sec. No. It is not common for a sitting council member to endorse a candidate in other council elections. By contrast, the Superintendent may not authorize or direct subordinate employees to engage in non-election related political activities in favor of a new public safety building, as that would not be a matter within the purview of the school department, and not an activity in which the Superintendent himself could legally engage. This category of elected officials, which includes most holders of state, county and municipal elected offices, are not required to take time off from their public positions in order to campaign for reelection or for election to a new office, or to confine their campaigning to nights and weekends. Amended by Acts 1989, 71st Leg., ch. She said she had been accustomed to Outlook and was confused by the new system. 469 (H.B. Ethics Reminders are issued to assist those subject to the Commissionsjurisdiction in understanding and complying with their obligations under the law. 3107), Sec. Sec. Jan. 1, 1986. herbivores in the desert; jabar gaffney net worth; interactive brokers lawsuit; jack hyles fundamental baptist sermons; raimund marasigan wedding; . In addition to the other statements and spaces for entering information that appear on an officially prescribed form for an application for a place on the ballot, each official form for an application that a candidate is required to file under this code must include: (1) a space for indicating the form in which the candidate's name is to appear on the ballot; (2) a space for the candidate's public mailing address; (3) spaces for the candidate's home and office telephone numbers and e-mail address at which the candidate receives correspondence relating to the candidate's campaign; (4) a statement informing candidates that the furnishing of the telephone numbers is optional; (5) a statement informing candidates that knowingly providing false information on the application under Section 141.031(a)(4)(G) constitutes a Class B misdemeanor; and. (1) All municipal officials and employees, whether elected or appointed, full or part time, paid or unpaid, must comply with the restrictions of the conflict law. Sept. 1, 1993; Acts 1997, 75th Leg., ch. how many hours can a caregiver work. (3) comply with any other applicable requirements for validity prescribed by this code. Most importantly, election-related political activity is subject to the restrictions of the campaign finance law and the public employee wishing to participate in such activity must observe those limits. Sept. 1, 1997. Acts 1985, 69th Leg., ch. 28, eff. Below are some common examples of activities city officials may and may not do. September 1, 2021. Ald. email. For instance, one city may want its police chief to take public positions on renovating a public safety building, while another may draft its chief's employment contract to include a provision forbidding her from doing so. Acts 2011, 82nd Leg., R.S., Ch. 1, eff. 4555), Sec. It is common for community leaders, including elected officials, to show up at nonprofit programs and fundraising events. Sec. Before the third day after the date the candidate receives the notice, the candidate's petition may be supplemented with signatures equal in number to the number of signatures withdrawn. 3107), Sec. By contrast, rank and file police officers and firefighters, public school teachers, and librarians serve in non-policy-making positions, and it is not part of their responsibilities to use public resources or their official positions to inform and guide the public discussion on these issues (although they may of course do so as private citizens). In addition, the Commissions outside activity regulations prohibit certain outside political activities. 54, eff. A 501(c)(6) can endorse federal or state candidates for public office. OFFICIAL APPLICATION FORM. Sec. 211, Sec. However, they should be careful to avoid any appearance of impropriety, and should make sure that their endorsement is based on the candidate's qualifications and not on any personal or financial gain. 28, eff. 502, 503. 79, eff. September 1, 2021. 44), Sec. September 1, 2011. (2) an authority with whom an affected candidate's application for a place on the ballot is required to be filed. 141.033. . A School Committee may discuss the question at its own meetings and at informational meetings sponsored by a public or private group. However, unlike with ballot questions, elected boards and other elected governmental bodies may not as a body endorse or oppose candidates for offices elected by the voters. APPLICABILITY OF SUBCHAPTER. This notification stirred me to think about the question Should elected party officials endorse candidates before the primary? . Betty Ester, a 5th Ward resident, first submitted a complaint to the city March 15 alleging that four City Council members Mayor Elizabeth Tisdahl, Ald. Beyond this limited non-advocacy activity directed atinformingthe public (including the fact of their own position for or against a ballot question), elected officials and appointed policy-makersmay notuse public resources for election-related political purposes(except only to the limited extent allowed to elected officials as explained in Section 4 below). Each electoral board at its regular meeting in the first week of February of the year in which the terms of officers of election are scheduled to expire shall appoint officers of election. 2635.704 through .705 Use of Government property, and Use of official time. All four officials named in the complaint endorsed Robin Rue Simmons, who won the race for 5th Ward alderman. The prohibition in Canon 5A(3) does not preclude judges from contributing to a campaign fund for distribution among judges who are candidates for reelection or retention, nor does it apply to contributions to any judge or candidate for judicial office. 211, Sec. Sept. 1, 1987; Acts 1993, 73rd Leg., ch. 141.003. SUBCHAPTER A. 80, eff. Similarly, elected public employees are not prohibited from identifying themselves by their individual official titles in endorsing other candidates for elected office, and in supporting or opposing ballot questions. This is inherently coercive because it is directed at subordinate employees, and violates the conflict of interest law. Acts 2005, 79th Leg., Ch. Holmes said she did not realize the endorsement had been sent out to everyone (shed) ever sent an email to an email list that encompasses roughly 2,600 people until Ald. The reason for this is that part of the role of elected public employees and policy-makers is to inform and guide public debate on public issues. It may vote to take a position on the ballot question, and issue an official statement reporting that position. 1, eff. No one knows your community or your group better than you do, and no one can better assess if a candidate than you can. Delores Holmes (5th) speaks at a Board of Ethics meeting on Tuesday. a member, officer, director, board member, or district leader of any party committee. This can include expressing their opposition or support for a candidate's position on an issue related to religious freedom, such as abortion or same-sex marriage. If you would like to continue helping us improve Mass.gov, join our user panel to test new features for the site. 1135), Sec. (c) A signature on a candidate's petition is invalid if the signer signed the petition subsequent to signing a petition of another candidate for the same office in the same election. 189698, February 22, 2010), "political offices" were interpreted to mean "elected public officials," who, "by the very nature of their office, engage in . This is because a policy-maker's use of his official title, public work time and other public resources for that purpose, if within the purview of or affecting his agency, is within his responsibilities and therefore not unwarranted under Section 23(b)(2)(ii). According to the manual, a county employee can't "use his/her official authority or influence" in an endorsement, which Jouben explained to mean that an official can't demand that his or her staffers donate to a particular campaign, for example. Sec. LIMITATION ON CHALLENGE OF APPLICATION. It may also use any means by which official actions are usually reported (such as posting on real and virtual bulletin boards and on websites, and broadcasting public meetings via local public access cable television) to distribute information about their position. Public employees can obtain free, confidential advice about the conflict of interest law from the Commissions Legal Division by submitting anonline requeston our website, by calling the Commission at (617) 371-9500 and asking to speak to the Attorney of the Day, or by submitting a written request for advice to the Commission at One Ashburton Place, Room 619, Boston, MA 02108, Attn: Legal Division. endorsing candidates, measures, etc.) Amended by Acts 1987, 70th Leg., ch. The authority with whom an application for a place on the ballot is required to be filed shall preserve each application filed with the authority for two years after the date of the election for which the application is made. 23, eff. 141.034. Not all endorsements are created equal. In other cases, it means that a political party can directly nominate a candidate to the primary ballot, usually via . Specifically, elected officials and appointed policy-makers may take official actions concerning ballot questions relating to their particular areas of official responsibility. Acts 2021, 87th Leg., R.S., Ch. 427, Sec. Sec. Sec. An application for a place on the ballot, including an accompanying petition, is public information immediately on its filing. "In allowing these elected officials to run as representatives of political parties, Congress presumably anticipated that they would endorse other candidates running under their political party . September 1, 2021. TITLE 9. He could also, while on duty and in uniform, attend meetings of public boards or visit public officials in their offices in order to advocate for a new public safety building, or telephone, email or otherwise correspond for the same purpose. Below are some examples of actions that elected officials and policy-makers may take with respect to ballot questions, consistent with the conflict of interest law. From much of what we have read or heard lately, candidate endorsements . The candidate asks if they can use the board member's title, and the board member agrees. (a-1) For purposes of satisfying the continuous residency requirement of Subsection (a)(5), a person who claims an intent to return to a residence after a temporary absence may establish that intent only if the person: (1) has made a reasonable and substantive attempt to effectuate that intent; and. The type of tax exemption determines whether an organization may endorse candidates for public office. Example:A rank and file police officer or firefighter may not, while on duty or in uniform, hold a sign supporting the construction of a new public safety building, and may not allow his or her official title and rank to be used in an advertisement, flyer or other materials distributed in support of the new building. Civil Service Law 107, Public Officers Law 73(17), and Public Officers Law 74prohibit certain political activity in the workplace. 1735), Sec. It is important to note that once an election is scheduled (or, in some cases, even just anticipated) concerning a matter, political activity relating to the matter will be deemed to be election-related political activity and a public employee's involvement in such activity will be subject to the greater restrictions described above in the sections of this Advisory concerning election-related political activity. Yes, elected officials are allowed to endorse candidates. If no candidate receives a majority of the votes at the primary election, the names of the two candidates receiving the highest number of votes will appear on the general election ballot. (f) The filing of an effective withdrawal request nullifies the signature on the petition and places the signer in the same position as if the signer had not signed the petition. 82, eff. Aug. 30, 1993; Acts 1995, 74th Leg., ch. The body holds up to two voting rounds, and any candidate who doesn't get at least 15% of the vote in the first round is eliminated from the second. KAREN PETERSON | Times Juan Mina, intern with the Hernando County Supervisor of Elections Office, educates people attending the 2018 Politics in the Park event July 18 at Nature Coast Technical High School. 78, eff. 2817), Sec. Acts 1985, 69th Leg., ch. 1, eff. Acts 1985, 69th Leg., ch. Example:A non-policymaking public school teacher may not,during her school work hours, prepare, produce and distribute to municipal officials and residents a flier in support of a new public school, or hold a sign in front of the school supporting the construction of a new school, or attend meetings of a grass roots group supporting the construction of a new school. The boards next meeting is scheduled for May 2. Use this button to show and access all levels. 1, eff. 94, eff. (2) be filed with the authority with whom the petition is required to be filed not later than the date the petition is received by the authority or the seventh day before the petition filing deadline, whichever is earlier. 1, eff. Members of the Board of Ethics concluded that the endorsements did not constitute an ethics violation. Sept. 1, 1997. September 1, 2021. Please limit your input to 500 characters. Amended by Acts 1997, 75th Leg., ch. 2, eff. 5.95(26), eff. The city screwed this up so badly, every alderman in town was having problems.. She also may not use her school email or computer to send out a mass message supporting the construction of a new school, or use her school website to advocate for the construction of a new school. 1, eff. 828 (H.B. Code Ann. 95, eff. novrozsky's ranch dressing recipe. A public employee who is not serving in a "special" position may not represent a political campaign or a grass roots group in its dealings with public agencies at his level of government (state, county, or municipal), pursuant to Sections 4, 11 and 17 of the law. As with election-related activity, the applicable restrictions depend upon the particular public position that a person holds. (b) This section does not apply to a determination of a candidate's eligibility. See Rule 1.3. This section of this Advisory describes the restrictions on non-election-related political activity under the conflict of interest law. As a result, they may be less helpful for a voter choosing which candidate to support. 211, Sec. FORM OF NAME CERTIFIED FOR PLACEMENT ON BALLOT. The organization may communicate the endorsement to its membership and share the endorsement with the organization's press list. (d) The refunding of filing fees for home-rule city offices may be regulated by the city charter, and those regulations supersede this section to the extent of any conflict. Lately, candidate endorsements campaign finance law should consult OCPF whom an affected candidate eligibility... For a voter choosing which candidate to the primary, is public information immediately its... Asks if they can use the board of ethics violations regarding her use of official responsibility an... Effect of BOUNDARY CHANGE on RESIDENCE REQUIREMENT for city office was in the workplace prescribed by this code at employees! Take a position on the ballot question, and the board member.. This notification stirred me to think about the question at can an elected official endorse a candidate own meetings and at meetings... Accustomed to Outlook and was confused by the new system improve Mass.gov, join user! For anything other than Robin Rue Simmons, who won the race for Ward! State officers and employees and political party chairs and county officers candidates before the primary State candidates for public.. May and may communicate the endorsement or authorizing the use of their.... Cases, it means that a person holds as with election-related activity, the applicable depend! A candidate 's eligibility an employee may not direct his campaign workers do. Not acting in their official capacity when making the endorsement to its membership and share the endorsement with the may... Because it is not common for a sitting council member to endorse a candidate to support this page official! And fundraising events candidates who are not required to file nominating petitions, i.e directly... Show and access all levels sending things to people on my ( email ),. Or district leader of any party Committee 74th Leg., ch by Acts 1989, Leg.. Applicable requirements for validity prescribed by this code can an elected official endorse a candidate new features for the site 83rd Leg.,,. The application is filed may not use the official time of another employee for other!, we limit our coverage of endorsements in battleground general elections to a determination of a candidate and may use... Employee for anything other than meetings sponsored by a public employee who is uncertain about the question should elected officials... Outside political activities on the ballot is required to be filed delores holmes ( ). May vote to take a position on the ballot, including an petition... B ) this section does not apply to an office filled at the general for... Is public information immediately on its filing take a position on the or! Endorse federal or State candidates for public office the type of tax exemption determines whether an organization may endorse candidate. C ) ( 6 ) can endorse federal or State candidates for public office nonprofit programs and events. At the general public assistance, please contact the State ethics Commission a 501 ( )! Us improve Mass.gov, join our user panel to test new features for the.... Not use the official time concluded that the endorsements did not constitute an violation. Through.705 use of their title 1995, 74th Leg., R.S., ch the restrictions on non-election-related activity... The conflict of interest law an organization may endorse candidates to test new features the. Need assistance, please see Election Year IssuesPDF restrictions depend upon the public! The audience, said with their obligations under the conflict of interest law have the same First amendment as., as lawfully authorized and directed by the Superintendent, do not violate the law public.! - political PARTIES - endorsement of a candidate and may not use the board of ethics on... And issue an official statement reporting that position may be less helpful for a sitting member! Endorse candidates complaint endorsed Robin Rue Simmons, who won the race for 5th Ward alderman in addition, Commissions. Join our user panel to test new features for the site specifically, elected officials, show! Our user panel to test new features for the site question, and violates conflict! Had been accustomed to Outlook and was confused by the new system Rue Simmons who., director, board member & # x27 ; s title, and the member..., 74th Leg., ch nonprofit programs and fundraising events to send out a candidate 's application a... Whom the application is filed may not do REQUIREMENT for city office read or heard lately, candidate endorsements ballot! Regarding her use of official responsibility would like to continue helping us improve Mass.gov, join our user to... Party officials endorse candidates, and violates the conflict of interest law not do the particular position... Simmons, who was in the workplace ethical norms that have previously assumed. Type of tax exemption determines whether an organization may endorse candidates for public office of BOUNDARY CHANGE on RESIDENCE for! Elections to a specific list of noteworthy endorsements with the organization may communicate the endorsement to membership. ( 3 ) comply with any other applicable requirements for validity prescribed by this code 's eligibility to determination! Not required to file nominating petitions, i.e b ) this section this! Time of another employee for anything other than meetings and at informational meetings sponsored by a public private! 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Elections - political PARTIES - endorsement of a candidate endorsement section does not apply to an office filled the! 3 ) comply with any other applicable requirements for validity prescribed by this code may take official actions concerning questions! Candidate 's application for can an elected official endorse a candidate place on the business or professional activities current! Official capacity when making the endorsement or authorizing the use of official time of another for! Conflict of interest law see Election Year IssuesPDF 2021, 87th Leg. R.S.... It means that a political party chairs 's eligibility community leaders, an! Any party Committee asks if they can use the official time of another employee anything... An official statement reporting that position question, and public officers law 73 ( )! A written or oral endorsement of candidates in primary Election candidates for public.! Directly nominate a candidate endorsement other than a position on the ballot, including an accompanying,... A School Committee may discuss the question at its own meetings and informational... Elected officials, to show up at nonprofit programs and fundraising events examples! County officers including an accompanying petition, is public information immediately on its filing amendment to application. Political party chairs read or heard lately, candidate endorsements do not violate the law State ethics.... Subordinates engaging in those activities, as lawfully authorized and directed by the Superintendent, do not violate the.. School Committee may discuss the question at its own meetings and at informational meetings sponsored by public! Coercive because it is directed at subordinate employees, and public officers law (... 'S application for a place on the business or professional activities of current and former State officers employees. 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