CHAPTER 5
It is a terrible thing to look over your shoulder when you are trying to lead and find no one there.
--Franklin Roosevelt
Ten soldiers wisely led will beat a hundred without a head.
--Euripides
FIVE TIPS FOR CREATING AN ETHICAL CAMPAIGN CULTURE
As with any organization, it is important for the leaders to set the ethical tone at the top. In the campaign setting the leaders are the candidate, campaign manager, strategic political consultants, and senior staff. It is essential for the candidate to articulate a clear set of standards by which the campaign is to be run. The campaign leaders need to model the ethical behavior that the standards represent. If you have a campaign leadership position, make it known that the standards are applicable to all staff, volunteers, and anyone acting on your behalf whether they are associated with the campaign or not.
A good way to articulate these standards is to create a code of conduct for your campaign. This should be done in the very early organizing stages. A code of conduct will help inform your strategy as the campaign proceeds and will establish clear guidelines for you, your staff, and volunteers. In the heat of the battle, when ethical lapses are most likely to occur, it is helpful to look to your standards to help guide your actions.
When developing a code of conduct for your campaign, consider what your core values are and how you want your campaign to be conducted in accordance with these values. For example, you might want to consider values such as commitment to the public good, honesty, transparency, accountability, integrity, and fairness. Next establish what kind of campaign conduct comports with your identified values. Your organization’s campaign code of conduct should make it clear that it applies to anyone involved in your campaign and that there are clearly defined consequences for a violation.
In designing the code for your campaign, it is helpful to look at a few campaign ethics codes enacted by state legislatures to serve as guides. California for example has a voluntary Code of Fair Campaign Practices that is given to all candidates when they file to run:
CALIFORNIA CODE OF FAIR CAMPAIGN PRACTICES
There are basic principles of decency, honesty, and fair play which every candidate for public office in the State of California has a moral obligation to observe and uphold in order that, after vigorously contested but fairly conducted campaigns, our citizens may exercise their constitutional right to a free and untrammeled choice and the will of the people may be fully and clearly expressed on the issues.
THEREFORE:
(1) I SHALL CONDUCT my campaign openly and publicly, discussing the issues as I see them, presenting my record and policies with sincerity and frankness, and criticizing without fear or favor the record and policies of my opponents or political parties that merit this criticism.
(2) I SHALL NOT USE OR PERMIT the use of character defamation, whispering campaigns, libel, slander, or scurrilous attacks on any candidate or his or her personal or family life.
(3) I SHALL NOT USE OR PERMIT any appeal to negative prejudice based on a candidate's actual or perceived race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, age, sexual orientation, sex, including gender identity, or any other characteristic set forth in Section 12940 of the Government Code, or association with another person who has any of the actual or perceived characteristics set forth in Section 12940 of the Government Code.
(4) I SHALL NOT USE OR PERMIT any dishonest or unethical practice that tends to corrupt or undermine our American system of free elections, or that hampers or prevents the full and free expression of the will of the voters including acts intended to hinder or prevent any eligible person from registering to vote, enrolling to vote, or voting.
(5) I SHALL NOT coerce election help or campaign contributions for myself or for any other candidate from my employees.
(6) I SHALL IMMEDIATELY AND PUBLICLY REPUDIATE support deriving from any individual or group that resorts, on behalf of my candidacy or in opposition to that of my opponent, to the methods and tactics that I condemn. I shall accept responsibility to take firm action against any subordinate who violates any provision of this code or the laws governing elections.
(7) I SHALL DEFEND AND UPHOLD the right of every qualified American voter to full and equal participation in the electoral process.
I, the undersigned, candidate for election to public office in the State of California or treasurer or chairperson of a committee making any independent expenditures, hereby voluntarily endorse, subscribe to, and solemnly pledge myself to conduct my campaign in accordance with the above principles and practices.” 38
In Maine, candidates are provided with the following Code:
MAINE CODE of FAIR CAMPAIGN PRACTICES
I shall conduct my campaign and, to the extent reasonably possible, insist that my supporters conduct themselves, in a manner consistent with the best Maine and American traditions, discussing the issues and presenting my record and policies with sincerity and candor.
I shall uphold the right of every qualified voter to free and equal participation in the election process.
I shall not participate in and I shall condemn defamation of and other attacks on any opposing candidate or party that I do not believe to be truthful, provable and relevant to my campaign.
I shall not use or authorize and I shall condemn material relating to my campaign that falsifies, misrepresents or distorts the facts, including, but not limited to, malicious or unfounded accusations creating or exploiting doubts as to the morality, patriotism or motivations of any party or candidate.
I shall not appeal to and I shall condemn appeals to prejudices based on race, creed, sex or national origin.
I shall not practice and I shall condemn practices that tend to corrupt or undermine the system of free election or that hamper or prevent the free expression of the will of the voters.
I shall promptly and publicly repudiate the support of any individual or group that resorts, on behalf of my candidacy or in opposition to that of an opponent, to methods in violation of the letter or spirit of this code.
I, the undersigned, candidate for election to public office in the State of Maine, hereby voluntarily endorse, subscribe to and solemnly pledge to conduct my campaign in accordance with the above principles and practices.39
Please see examples of other campaign codes of conduct in the Appendix.
When you are staffing up the campaign organization, make sure that all staff and volunteers receive a copy of the campaign code of conduct. Have an all-hands meeting to educate the members of the organization about your values and vision for the campaign. To reinforce how serious you are about running an ethical campaign, consider having all staff and volunteers sign the code, and keep copies of the signed documents.
Ethical campaigns often have one person who is designated as the de facto ethics officer. This person should be prepared to act as an advisor to you when ethical dilemmas arise. The ethics officer should be responsible for vetting all communications issued by the campaign to ensure they comport with the campaign’s values. If a communication is a negative comparison piece, the ethics officer should confirm that there is documentation supporting the allegations. If the campaign communication creates a deceptive inference, it is up to the ethics officer to advise against it. The ethics officer will also oversee actions of consultants, staff, and volunteers to ensure compliance with the code of conduct and should have authority to recommend consequences arising as a result of a violation of the code.
In order to run an ethical campaign, it is important to retain control of your message. Many campaigns find it helpful to limit the number of people who can speak to the media to a designated few so that the message is consistent and consistently ethical. Make sure that your fundraisers are also consistent in messaging and that they are not making promises that aren’t in line with your policies and values.
There are many rules and regulations governing campaigns including campaign finance, report filing, signature gathering, advertising content, and signage. These rules are often complicated and provide traps for the unwary which can lead to a claim of an ethics violation filed against you. It is essential that you retain professional legal advice on compliance with the laws in your jurisdiction. It is also essential that your conduct leave little doubt as to your ethics. Don’t even get close to crossing an ethical line. It’s not unusual for unscrupulous opponents to anonymously file ethics complaints so that the headlines scream, “Ethic’s Complaint Filed Against [You]!” You are left in the position of having to explain—and as we noted before—if you’re explaining, you’re losing!
Running an ethical campaign can help you win. Voters are weary of the negative aspects of our political process. If their positions and the candidate’s positions align, most voters prefer to vote for the ethical candidate. Making ethics a major theme of your campaign will appeal to those voters.
Your announcement speech should emphasize your commitment to running an ethical campaign and why you believe that this is important. Publicize your commitment to ethics both on your website and in your public interviews. Post your signed campaign code of conduct on your website. Consider taking an online course on ethical campaigning and putting the badge of completion on your website and campaign materials. Encourage editorial boards and other endorsing organizations to ask all candidates if they have taken any campaign ethics training.
Publicly call for ethical debates that fulfill the responsibility of all campaigns to create an informed electorate. Instead of tuning in only to be subject to a hate fest, viewers should be treated to substantive discussions where policy positions are pronounced, compared, and contrasted. In addition, when negotiating debate rules, publicly suggest that the question of commitment to campaign ethics be asked by moderators. By taking the lead in calling for ethical debates you will enhance your reputation as an ethical candidate.
Educate the media on ethical campaign practices. When asked by the press to comment negatively about your opponent, remember to ask yourself whether the content of the question is true, relevant, and fair. If it is not, don’t take the bait but rather decline to comment. Always try to steer the conversation back to your message on the true issues in the race. By refusing to participate in “gotcha” politics, you will signal to the press, the public, and your opponents that you are committed to running a substantive, ethical campaign.
Educate the public on how to identify an ethical candidate. On your website consider posting a list of deceptive tactics voters should look for when analyzing political messages. You also might consider a fact check page on your website not only pointing out untruths made by your opponent but also documenting assertions you have made. Remind voters often that how a candidate campaigns likely demonstrates how he or she will govern.
Finally, challenge your opponent to promise to run an ethical campaign. Make it clear you are not interested in trapping the opponent in an unethical lapse but that you are truly dedicated to raising the level of political discourse. If your opponent declines to promise to conduct the campaign in an ethical manner, it will speak volumes to the voters about what type of leader he or she will be.