ACLU sues to keep Alpine schools trustee in race

Here is a story from 2010.

ACLU sues to keep Alpine schools trustee in race
By Nathan Max
SAN DIEGO UNION-TRIBUNE
September 17, 2010

The American Civil Liberties Union has filed a lawsuit on behalf of a local school-board member to help him continue his campaign in this fall’s election.

Alpine Union School District Trustee Christopher Newcomb could be forced out of the race if the government determines his candidacy is in violation of the Hatch Act, which stipulates that federal employees cannot run in partisan elections. Newcomb is a federal employee who works for the military.

School-board elections in California, by law, are supposed to be nonpartisan. But the U.S. Office of Special Counsel informed Newcomb in an April letter that if other candidates pick up partisan endorsements, he could be deemed ineligible even though he is running as an independent.

Laughlin McDonald, the director of the ACLU voting rights project, said cases of this nature are extremely rare. McDonald said he can recall the ACLU taking on just one other case involving the Hatch Act since 1972.

Newcomb was out of the country Friday and could not be reached for comment. Phone messages left for the Office of Special Counsel were not returned.

“What’s wrong here is the federal government is saying, ‘It’s not what you do. It’s what your opponent does,’” said David Blair-Loy, legal director of the ACLU’s San Diego and Imperial Counties office. “I don’t think that’s right or fair.”

Newcomb was appointed to the Alpine Union school board on July 8, 2009 after former Trustee Scott Barr moved out of the district. There are eight candidates running for three seats, including Newcomb’s, in the upcoming November election. At least two other candidates have picked up party endorsements, leaving Newcomb’s candidacy vulnerable, Blair-Loy said.

The Office of Special Counsel wrote Newcomb that there is no clear-cut basis for determining when a nonpartisan race turns into a partisan one, and that it would have to make such a determination on a case-by-case basis. However, the letter said if other candidates pick up the support of a political party, then the race becomes partisan.

Blair-Loy argued in his motion that a candidate could simply force a federal employee out of a nonpartisan race by claiming party affiliation.

“We understand the federal government has a legitimate interest in retaining the integrity of the civil service, but this is not about that at all,” Blair-Loy said.

“We don’t think there’s anything about Christopher Newcomb running for Alpine school board that threatens that. He’s not seeking a party endorsement, and he wouldn’t take it if it was given to him. He’s an independent, and it’s a completely nonpartisan election.”

If the Office of Special Counsel finds Newcomb’s candidacy in violation of the Hatch Act, he would be forced to chose between his job and his campaign. A hearing has not yet been scheduled, Blair-Loy said.


It's Hatch Act Season
By Allan Holmes
Nextgov
09/17/10

It's election time, so that means it has to be Hatch Act time, too.

At least two federal employees are entangled in the nuances of the law, which prohibits federal employees from running in partisan elections. The San Diego Union-Tribune reported on Friday that Christopher Newcomb, identified only as a military employee, is running for the Alpine Union school board. From the Tribune:

School-board elections in California, by law, are supposed to be nonpartisan. But the U.S. Office of Special Counsel informed Newcomb in an April letter that if other candidates pick up partisan endorsements, he could be deemed ineligible even though he is running as an independent.

The American Civil Liberties Union has filed a lawsuit on behalf of Newcomb, challenging the special counsel's investigation.

In Virginia, the Alexandria Times reported this week town council member Alicia Hughes may be the subject of an inquiry by the special counsel. Hughes works for the U.S. Patent and Trademark Office. Like Newcomb, Hughes is an independent with no partisan endorsements. But as the Times reported:

Hughes ran for City Council as an Independent last year but was backed by factions like the Alexandria Republican City Committee. Her photograph and name appear on the ARCC website under the heading "On Council," below Republican Councilman Frank Fannon and above a photo President Ronald Regan.

Link: November 2010 election results.