2nd Ballot-Petition Email from Jan Proctor and My Reply

Click here to see how this got started.

Dear Ms. Burke:

Please accept our apologies for any misunderstanding.  The attached guidelines were applied strictly, but it has now been clarified that there is room for flexibility.  If you plan to gather signatures on public property in the future, we would ask that you seek approval from the City Manager in accordance with the guidelines.  The process is easy and will help the City plan for any measures necessary to ensure the safety of all involved.  We understand if you cannot always meet the five day requirement for advance notice.

I will be happy to discuss this with you further if you would like to give me a call.

Jan L. Proctor

City Attorney

My reply:

Dear Jan,

Thank you. I prefer not to ask the City Manager for permission or a letter of understanding to enjoy the use my civil rights, now or in the future. Please rest assured I will not use attached signage, verbal abuse, etc. I will simply stand on the sidewalk with a clip board and talk to passersby who are willing to stop and talk to me. I will not enter the library except to use the public resources (restroom, drinking water) there. If there is a safety issue, I have a cell phone and will call 9-11.

If there are questions about my actions or words, a librarian is welcome to come verify that I am following the law. Anyone who signed the ballot petitions can verify (if need arises in court) that my actions are polite and legal. If anyone walks into the library and complains I *talked* to them, the librarian can inform him or her that I am acting within the law and constitution in a public space. Libraries are for educating the public, after all.

Librarians should also keep in mind that a complainant may belong to another party or support another candidate or may just dislike politics or talking to people. If so, complainers should not have an easy pass to interfere with our lawful activities.

As far as security measures, a simple handout on what is allowed/not allowed when ballot petitioning would suffice (no verbal abuse, attaching signage, etc.) 

I am not an uncooperative citizen. I am simply too busy to ask for permission or inform the City Manager, and the law is on my side.

Mary Lou Burke

Update: On June 27th, Jeff Staples and I both spoke about our concerns before Chesapeake City Council as speakers under non-agenda items. Video of the work session and entire meeting is available online. (Our speeches start at about 3:14). Council Member Ella Ward was unhappy about our treatment and promised both at the Council Meeting and in a phone call the next day to follow up.

I hadn't heard back from her, so I called her back today (8/9/17). She said, "It is in the City Council policy." I still don't see how it can be Council policy to trod upon freedom of speech and of assembly, which are both Constitutional guarantees.

Dear Jan, Respectfully

Here is my emailed response to the email I received in reply to my complaint about city employees interfering with my right to collect ballot-petition signatures on a public sidewalk in Chesapeake, Va:

Dear Jan, Respectfully,

Friends and I were peacefully and politely collecting ballot petition signatures on a public sidewalk OUTSIDE of two Chesapeake public libraries when we were told to leave the premises. We were not blocking anyone. I have attached a copy of the document used at the Major Hillard Library in Deep Creek on the afternoon of Sunday, May 21st, as justification for telling us to move along. We were told this was a new policy from a recent training about two weeks ago, and that it applies to ballot petition signature gathering as well as "events" as listed on the attachment. This is putting a chill (I believe that's the legal term) on our First Amendment rights. Please correct this immediately. My next step is to address a public meeting of City Council. After that it's the ACLU.

Mary Lou Burke

Here is the letter I just emailed to the State Department of Elections, which I thought (in afterthought) I'd try before City Council and the ACLU:

Dear Virginia State Department of Elections:

Please see the (forwarded) exchange below. Is it legal for the City of Chesapeake to require residents peacefully collecting ballot-petition signatures on a public sidewalk to get written permission from the City Manager first? The candidate I support for State Delegate and I were both told to leave the sidewalks in front of two public libraries while we were politely and peacefully talking to potential voters and signatories on Sunday (May 21st, 2017). We did not block anyone, nor did we display any signage, nor were any elections going on in the library buildings that day, which I'm sure you can confirm.

On Monday morning, our candidate called the City Manager's Office to ask for an expedited letter, but he is still waiting. This could seriously and adversely affect our efforts to collect sufficient signatures by the upcoming Virginia State deadline. Is the state able to extend the deadline due to the City's interference in this matter? If not, please advise if we have any recourse or if you can offer any other assistance.

 

Mary Lou Burke

Chesapeake Ballot Petition Signatures Question

An Open Letter to Our Mayor and Members of Council:

I was out peacefully gathering ballot petition signatures on public sidewalks today in front of two different public libraries. Each time I was told to leave. I was told there is a new policy that residents may no longer gather ballot petition signatures without a written letter of permission from the City Manager.

I am writing to you to find out if this is, in fact, a new (or newly-publicized) policy, or if it is a miscommunication, or if the City Manager is over-reaching his authority. It is difficult enough to get candidates on the ballot in Virginia without additional barriers. As a citizen, voter, and taxpayer, I feel my civil rights are being trampled on if I need to get written permission to exercise my political rights peacefully on public property. Please advise.

Sincerely,

Mary Lou Burke

Click here for the  City's initial response and here for my reaction and here for the initial resolution plus here for the (hopefully) final resolution.