How are the Open Meetings Act and FOIA impacted by municipal elections?
There is little specific mention, either in the Open Meetings Act or in the Freedom of Information Act (“FOIA”), about how the administration of these laws may be impacted during an active municipal election season. The prompt and fair application of these laws can be severely tested during a hard fought local government election. Non-incumbent candidates for a governmental office are not subject to either of these Acts except to the extent that they interact with persons already in office. There is a general exemption under the Open Meetings Act for gatherings of either incumbent or non-incumbent individuals who are meeting to discuss issues relating to a forthcoming election. Discussions about the raising of campaign funds, campaign appearances, or general election strategy are simply not subject to the Open Meetings Act. If, however, a majority of a quorum of already elected officials were to meet to discuss campaign strategy and how they would vote on a controversial matter, the se
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