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-   -   Can Political Candidates knock on doors in deed restricted communities? (https://www.talkofthevillages.com/forums/villages-florida-general-discussion-73/can-political-candidates-knock-doors-deed-restricted-communities-8827/)

POC 07-18-2007 09:53 AM

Can Political Candidates knock on doors in deed restricted communities?
 
I know the political campaign season is just around the corner. I live in a deed restricted community. Is there any State or Federal law that says the candidates can or can not knock on my door and silicate my vote?

If there are such laws do they supersede any deed restrictions we may have in the community?

Thanks for you impute on this issue!!!

Talk Host 07-18-2007 10:17 AM

Re: Can Political Candidates knock on doors in deed restricted communities?
 
I have been involved in local, state and national political for a long time. This is an issue that is currently being reviewed in the high courts. So far, the courts are leaning in the direction that any prohibition or restrictions placed on political candidates has a chilling effect on the political process and is therefore in violation of constitutional law. Candidates have a limited amount of time to reach the voters and any roadblock that is put in their way is a violation. Even local statutes that limit the number of yard signs are being struck down. Trouble is that candidates do not have the knowledge, time, money or desire to fight this.

Think about it. If you live in a community that restricts campaigning. You may not even know your candidates come election day. How can deed restrictions, even if we sign them, supercede federal election law. No local law can ever supercede a federal law.

POC 07-18-2007 10:45 AM

Re: Can Political Candidates knock on doors in deed restricted communities?
 
Jan,
Thanks for your quick reply to this matter. Do you have any specific laws or opinions that give fact to this?

There are several people in my neighborhood that have questions concerning the door knocking and I would like to put them at ease.

Again, thank you for your prompt response!!!




Frangyomory 07-18-2007 12:57 PM

Re: Can Political Candidates knock on doors in deed restricted communities?
 
There is no solicitation allowed in the Villages UNLESS they get approval from the developer. Soooo, if someone knocks on your door and they can't provide authority to solicit, close the door. They will catch on fast! It is wonderful not having anyone knocking on your door to convert you or sell you something!!!!

Talk Host 07-18-2007 03:44 PM

Re: Can Political Candidates knock on doors in deed restricted communities?
 
The question becomes, do the sheriffs in Marion, Sumter and Lakes Counties have the authority to enforce "deed restrictions" in the Villages? Under what statute would they charge sombody. So then, if not the sheriff, who? Neighborhood watch? Not likely.

Talk Host 07-18-2007 04:37 PM

Re: Can Political Candidates knock on doors in deed restricted communities?
 
Quote:

Originally Posted by POC
Jan,
Thanks for your quick reply to this matter. Do you have any specific laws or opinions that give fact to this?

There are several people in my neighborhood that have questions concerning the door knocking and I would like to put them at ease.

Again, thank you for your prompt response!!!


There are lots of examples, but I would direct you to this one:

The constitutional protection afforded political speech has its "fullest and most urgent application precisely to the conduct of campaigns for political office." (Monitor Patriot Co. v. Roy, 401 U.S. 265 (1971)). "Speech on public issues occupies the ‘highest rung of the hierarchy of First Amendment values’ and is entitled to special protection." (Connick v. Myers, 461 U.S. 138 (1983)

I certainly enjoy not having people banging on my door, but there are legitimate questions when it comes to political campaigns.



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