For Immediate Release August 29, 2013

Contact: Rev. Maurice Drown FCP President (Tel. 462-8787)

Findings in the Complaint of Steven H. Gottmann V Elwood A. Sloat Complaint 2013-1 Fair Campaign Practices for the Capital Region, Inc. (FCP) held a hearing on August 28, 2013 to consider a complaint made by Steven H. Gottmann against Elwood A. Sloat. Both are candidates in the Republican Primary Election for the Malta Town Justice in Saratoga County. Present were hearing panel members: Rev. Maurice Drown, Harriet Warnock-Graham, Dorothy Paul, and Chairperson Joan Elliott and Coordinator Barry Leibson. Mr. Gottmann, represented by Nick Wilock, Town of Malta, Republican vice chairperson, and Mr. Sloat were present. Gary Palmer, a former town justice in another county, also was present on Mr. Sloats behalf. 1. Mr. Steven Gottmann complained that Mr. Elwood Sloats election lawn signs misidentify the position he is running for referring to judge rather than town justice, the office both are seeking. Mr. Sloat countered that any judicial official presiding in town justice courts is addressed as judge and this practice is used on an official New York State Unified Court System website and elsewhere. 2. Mr. Gottmann said the website contact is JudgeSloat.com which wrongly infers that Mr. Sloat is a judge and possibly an attorney when he is a retired New York State trooper. Mr. Sloat said the website is a contact listing and anyone going to the website sees no misleading material about his credentials. 3. Mr. Gottmann also objects to election lawn signs that fail to say elect or vote for the position and as a result might make voters believe falsely Mr. Sloat is an incumbent. Mr. Sloat said the Vote in front of his name would not imply incumbency.

FINDING: NO UNFAIR CAMPAIGN PRACTICE: The term judge or town justice is interchangeable, as evidenced by the New York State Unified Court System website, Criminal Procedure Law of New York State, and common public usage. The voter is not misled that there is any position other than this at the town level, regardless of whether judge or town justice is used. Consequently, the usage does not violate Principle 1 that the candidate will conduct a campaign openly, fairly, and truthfully or Principle 4 that the candidate will not use, permit the use of, or condone the use of any campaign material or advertisement that misrepresents, distorts, or otherwise falsifies a fact or facts regarding either the candidate or an opponent.

FINDING: NO UNFAIR CAMPAIGN PRACTICE: In an election lawn sign saying Vote SLOAT Malta Town Judge the Vote in this context could be a synonym for Elect. While Fair Campaign Practices for the Capital Region Inc. did not judge that this rises to the level of an unfair campaign practice, it has a strong preference for using for after the word Vote or Elect to be absolutely clear there is no erroneous impression of incumbency. FINDING: NO UNFAIR CAMPAIGN PRACTICE: The URL (website) contact name is simply a means for the public to gain further information on a candidate and the domain used is not a violation of any FCP principles.. Fair Campaign Practices for the Capital Region Inc. was established to promote a climate of fair, open and honest campaigns; encourage candidates to discuss issues; encourage candidates to refrain from personal attacks on opponents; discourage use of campaign materials that distort facts; and expand the political debate by more fully informing the electorate about the use of unfair campaign practices. Information on FCP can be obtained at http://faircampaignpractices.wordpress.com. -ENDNote: If a candidate or campaign wishes to quote from this finding, it must do so accurately, particularly if it uses partial quotes. Otherwise that is an unfair campaign practice.