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Some Bristol residents cry foul over referendum cards
Think language use is unimportant?
Some Bristol residents are concerned that a recent postcard from town officials about today’s incorporation referendum violated state election laws, with the matter appearing to revolve around the use of the word “for.”
An informal reaction from Richard Ginkowski, a Kenosha County assistant district attorney who often handles election and public access complaints, was that there was no violation.
Resident Jill Andersen, however, has said she will file a formal complaint with the DA’s office because she disagrees.
The card read: “This is a reminder that voting for the referendum on the village incorporation is Tuesday, November 3rd,” and then noted polling sites, times, who can vote and who to call with questions. The town used bold print on several of the words.
Andersen said that means the town wanted residents to vote “for,” or in support of, the referendum. She understood that state law prohibited governing bodies from using public funds to advocate for a referendum position.
She said the word “on” instead of “for” would have made her concerns moot.
Bristol Town Administrator Randy Kerkman said he wrote the postcard as a reminder to voters, and the town attorney approved the wording. He said there was no intention that “for” should mean “support.”
“I think this is overblowing the situation,” Kerkman said.
The mailings were sent to 1,051 residents early last week at a cost of $112 for the cards and $262 for postage, he said.
Ginkowski said use of the word “for” is the way people talk and wasn’t advocating a position. He said if the card had said “vote yes,” “vote against” or it was a reminder to “vote for the referendum,” there might have been a problem.
Ginkowski said the rest of the card — who, where and when — bolsters the idea that it was to deliver facts.
Any violation, if the card were deemed as an endorsement, apparently would have been that the town didn’t register as an advocacy group and didn’t file campaign finance forms. State law says that must be done when materials advocate. Another issue would be use of public funds to make an endorsement.
The State Accountability Board, formerly the State Elections Board, handles these questions but could not be reached.
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