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July 24. 2012 11:39PM

Nashua poll rules called a 'little vague'

NASHUA — With just a few months until the November election, city officials are attempting to enforce and amend legislation that prohibits electioneering at the entrance of local polling places.

“The existing legislation is a little vague,” Ward 9 Alderman Daniel Moriarty said Tuesday. “And, it either wasn’t enforced or wasn’t known.”

Moriarty has drafted a proposed ordinance that — if approved by the Board of Aldermen — will attempt to clear up any confusion on what type of electioneering, including political fliers, posters, signs and motor vehicle advertisements, are permitted outside polling sites.

“We are trying to modernize the city law already on the books,” Moriarty said.

The ordinance will prohibit the distribution of any campaign material, electioneering and related activities within 100 feet of the entrance or exit of polling places during election days.

This includes the presence of any candidate running for office, or anyone who is representing or working on behalf of a candidate, party, political organization, initiative or ballot question.

In addition, it will also prohibit the gathering of signatures for various petitions or surveys unrelated to the ballot, according to Moriarty, who said this should not take place within that 100-foot zone.

Moriarty presented his proposed legislation Monday to the aldermanic Personnel and Administrative Affairs Committee, which unanimously approved recommendation of the ordinance.

Ward 3 Alderman Diane Sheehan said her ward has had problems with portable billboards being displayed on top of vehicles parked near polling site entrances.

Moriarty is hopeful the revised ordinance will eliminate some of those problems, and also give poll workers and moderators the ability to enforce the no-electioneering zone.

A violation of the provision may warrant a $20 fine.

According to the city’s legal counsel, attorney Stephen Bennett, city officials have the right to “regulate the distribution of campaign materials or electioneering or any activity which affects the safety, welfare and rights of voters at any election held for any purpose.”

City Clerk Paul Bergeron said activity such as news media polls, flu clinics, bake sales and other political activity not pertaining to any candidate or question on the ballot have been permissible within 100 feet of the polling entrance.

“This has led to an increasing number of signature-gatherers at some polling places in recent elections,” Bergeron wrote in a memo to the committee, adding he is in support of the proposed legislation, which would prohibit any type of electioneering, surveys, polls or petitions from taking place within 100 feet of the entrance or exit.

And, because parking is very limited at the schools where residents vote, Bergeron said he also would be in favor of preventing candidates from parking cars covered with political signs in school parking lots.

Dave MacLaughlin, who has served as a poll worker for Ward 8 since 2002, told the committee on Monday that he is pleased with the new and updated ordinance and encouraged aldermen to embrace it.

“There should be no activity other than voting allowed inside the polling place,” he said. “Voters’ time on election day is valuable, and they don’t want to be accosted or approached by anyone.”

MacLaughlin said he is surprised the ordinance hasn’t been amended or enforced earlier than this, adding he has seen moderators, ward clerks and ward selectmen struggle with the 100-foot zone rule, unsure about what is and is not permitted.

Moriarty is optimistic the Board of Aldermen will agree with the legislation, which he believes will make the rules more understandable and enforceable on election day.

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Kimberly Houghton may be reached at khoughton@newstote.com.

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