Section 5: Debates and Forums

The League of Women Voters does not support or oppose any political party or any candidate.

All Leagues bear the responsibility of safeguarding this nonpartisan policy and the organization’s nonpartisan reputation.

On March 20, 2006, the LWVCT Debate Committee specified those characteristics that define a “League” debate. For a debate to be considered a “League” debate, the following must apply:

All statements, publications and letters relating to public League activities should be written by or checked with your League’s president, who will receive inquires concerning them. All statements and official letters should carry the name of your League president and, if desired, the appropriate Director(s) (such as VP or Director for Voters Service).

Check with State office when you wish to invite a statewide personality to your community. This is a must.

Carefully document your debate plans. Keep copies of all communication in your files.

The moderator has the responsibility for enforcing the time limits, ground rules and format that were agreed to by the candidates. (This may include enforcing rules of audience behavior.)

· Conducting the coin toss or number drawing to determine the order of questions

· asking the questions (or re-phrasings of the questions) that audience members have submitted in writing

If possible, make sure your moderator is not from the town in which the election is being held. If you are from a multi-town League, you can often find a suitable League-trained moderator among your members; if not, a list of trained and available moderators is available from the LWVCT office. The list is usually updated every August and is available by mail, fax, or phone.

Try to meet with the moderator/panel at a last-minute briefing just before the debate (and never earlier than the day before). Review the format for the last time and make sure everyone has the schedule and the issues to be covered, along with any changes in ground rules or arrangements. If possible, allow time for an abbreviated run-through of the debate segments and a rehearsal of introductory remarks, explanations of rules, etc. (If you are using a panel, panel members should decide the order in which they will ask questions.) Moderators, panel members, and representatives of the debate sponsors can discuss last-minute issues, potential follow-up questions and anticipated problems. If the moderator is going to be allowed to interrupt the candidates if she believes the candidates are straying from the subject, go over the ground rules for such interruptions.

Especially if you are televising or taping the debate, work out unobtrusive ways of alerting candidates to their time limits, such as lights on podiums out of sight of the audience.

Depending on the nature of the debate, additional League volunteers may be needed to assist with tasks such as ushering, taking tickets, handling audience questions, screening for campaign materials, and assisting with voter registration.

If possible, arrange time for orientation and a site walk-through. At a minimum, make sure someone is on hand to answer questions and adjust job assignments as needed. Before the day of the debate or forum, provide volunteers with whichever of the following is needed:

· Detailed debate schedule, including exact times to report, where and to whom.

Most League debates take place in front of a “live” audience, although this is not a League requirement. If a debate is to include an audience, your League needs to decide:

What are your audience selection criteria: ticket only; by invitation; free entry? If ticket-only, fix the number of tickets each candidate will get for staff, supporters and family.

Will you be taking questions from the audience? If so, will they be asked by the audience member (“open mike” format) or the moderator? Will they be solicited beforehand? If the questions are written, will they be screened? If you are taking written questions from the audience, you will need: cards and pencils for submitting questions, and a table and seating for the volunteers who collect or screen questions. If you are going open-mike, you will need wide aisles and floor microphones, and a way to get questioners to the mikes with as little disruption as possible.

Decide on your rules governing audience reaction: will the audience be asked to refrain from applauding or in other ways demonstrating support or nonsupport for a candidate? Will you demand complete audience silence? No booing, cheering or whistling? Applause only?

The LWVCT has a policy that no campaign banners, signs, literature handouts or other campaign paraphernalia are allowed in the debate hall. If campaign materials are to be allowed in the lobby, all candidates must be provided equal space. Please make sure that the candidates know this beforehand, especially if the ban includes candidate-logo T-shirts, and announce it to the audience as they arrive.

All news releases about the debate should be handled by the League and sent simultaneously to all local media and to all the candidates. If you have co-sponsors, press releases may have to be cleared by the League and all co-sponsors before release.

The LWVCT strongly discourages the use of reaction shots during a televised debate. Panning of the audience before the debate is permitted to establish the context.

Place photographers and the press at a reasonable distance from the candidates and microphones to reduce distractions.

If possible, provide a press area near the entrance to the debate for arrival and departure photographs of the candidates and interviews after the debate if the candidates wish to speak to the press.

Samples of taping and broadcast contracts are included at the end of this booklet.

The overall coordination for any debate or forum involving candidates for state-wide office is the responsibility of the LWVCT Ed Fund. This includes candidates for Governor, Lieutenant Governor, Secretary of the State, Treasurer, Comptroller, Attorney General, and U.S. Senator. If a local League or a group of local Leagues wants to hold a debate/forum for candidates for statewide office, they must receive approval from the State Board and meet the following criteria:

If possible, each candidate and/or his/her staff members should have access to the site several hours before the debate to check on the lighting, acoustics and set design, including backdrop and lectern/desk placement. All candidates must be given equal access.

Local Leagues are encouraged to co-sponsor U.S. Congressional debates with other local League sin their District or with other groups. They should meet the above standards and apply the LWVCTEF candidate eligibility criteria – not their own local League criteria.

PARTNERING WITH OTHER GROUPS

The decision to take on a co-sponsor or join a coalition of sponsors should be guided by In League, page 38: “Political power doesn’t depend on numbers alone, but combining forces is often an effective approach . . . Working with other organizations exemplifies cooperation, not bondage -- keep your eye on the major overall goal.” In addition,

1. Verify that the goals of the co-sponsors are in accordance with League positions.

3. Consider the suitability of any proposed co-sponsor for the particular debate or forum. For example: the Republican Town Committee would be an acceptable co-sponsor for a pre-primary debate in which all the candidates are Republicans, but could never be an acceptable co-sponsor for a general election debate.

4. Whenever more than one other co-sponsor is proposed, make sure that all coalition members are in agreement as to suitability.

Clarify how your League will respond if a question arises about the suitability of the co-sponsorship arrangement.

Make sure assignments are understood beforehand: which organization gets the insurance? Which writes the PR? Which distributes the flyers, sends out the press kits, arranges broadcast, etc.?

Contact the LWVCT office or LWVCT Voter Service VP if you have questions or concerns.

NOTE: The following overview should not be construed as legal advice. State and local Leagues should consult their own tax and election law counsel to ensure that their debate plans are in accord with all applicable laws and regulations.

Candidate debates are regulated by federal and state election laws and regulations, and broadcast debates are also subject to Federal Communications Commission (FCC) rules.

Key elements of the regulatory framework at the federal level include the following:

The Federal Election Commission was established to enforce limits on contributions to, or expenditures made on behalf of, candidates for federal office by individuals or groups. The FEC rules apply only to candidates for federal office, including U.S. Representatives.

Under most circumstances, providing a platform for a candidate to address the public or providing information about a candidate is considered to be a campaign contribution and therefore subject to the contributions or expenditures limit. However, tax-exempt, nonpartisan organizations, broadcasters, bona fide newspapers, magazines and other periodicals may stage nonpartisan debates (as defined by the FEC) without triggering campaign finance limitations. Organizations may use their own funds or accept donations from corporations or labor organizations for such debates. Federal candidate events that do not meet the FEC definition of “debate,” such as single candidate appearances (“empty chair debates”) or consecutive candidate interviews (“forums”), may be considered as contributions subject to campaign finance limitations., and could also jeopardize your League’s 501(c)(4) tax exemption (see below).

· is staged in a way that does not promote or advance one candidate over another; and

· allows the candidates to appear concurrently, in face-to-face confrontations, with opportunities to respond to each other.

The Federal Communications Commission regulates radio and television broadcasters and cablecasters. Under its regulations, any broadcaster or cablecaster that gives a candidate for any public office -- federal, state or local -- the use of its facilities must provide all other legally qualified candidates for the same office with equal opportunities for use.

The FCC regulations apply to the debate broadcaster, not the sponsoring organization. However, you should be aware of the restraints placed on broadcasters, including:

Under FCC regulations, a broadcaster that permits a candidate for any public office -- federal, state or local -- to use its facilities must provide all other legally qualified candidates for the same office with equal opportunities for use.

· The decision to cover the debate must be based on a good faith judgment of its newsworthiness (and not on a desire to promote or disadvantage a particular candidate).

· The debate must not be edited and must be broadcast in its entirety, either live or reasonably soon after it takes place.

League membership organizations are designated 501(c)(4) by the IRS, and League education fund corporations or trusts are designated 501(c)(3). League membership organizations that use funds in their education fund accounts must abide by education fund rules. Whether acting as a 501(c)(3) education fund or as a 501(c)(4) membership organization, each League will want to sponsor and conduct debates in such a way as to avoid creating the impression that it favors one candidate over another.

Internal Revenue Service (IRS) rules provide that 501(c)(3) organizations “may not participate or intervene, directly or indirectly, in any political campaign on behalf of or in opposition to any candidate for public office.” This prohibition applies to campaigns for public office at all levels of government. A violation of IRS rules can jeopardize the tax-exempt status of the 501(c)(3) organization responsible. A 501(c)(3) organization may sponsor nonpartisan voter education projects, such as debates, provided certain rules are followed. The guiding principal for such debates is that there be fair and impartial treatment of all candidates, with nothing that promotes or advances one candidate over another.

The Internal Revenue Service considers forums and debates on political and social issues as appropriate educational activities for organizations that are exempt from taxation. Leagues, LWV Education Funds and other 501(c)(3) and (c)(4) organizations may not “participate in or intervene
in , , , any political campaign on behalf of (or in opposition to) any candidate for public office.” Any such action may jeopardize your organization's exemption. You should therefore make sure that your debates treat all candidates fairly and impartially, and do not promote or advance one candidate over another.

According to decisions by the FEC and the IRS, and supported by the courts, primary election debate sponsors can treat each party’s primary as a separate election. That means that your League can limit participation in a primary election to those candidates seeking the nomination of one party. Minor party or independent candidates need not be included. Also, you may hold a debate for the candidates in one party’s primary election without any obligation to hold debates for other parties’ primaries.

LWVCT policy is a little stricter. Recognizing that in many communities the primary races present the best opportunity to educate the voter, and to eliminate any confusion that may have existed on the subject of local League sponsorship of pre-primary forums, in Connecticut:

2. When there is a contest in both parties, your League should offer to sponsor pre-primary forums for both parties. If there is a contest in only one party, it is appropriate to sponsor a single forum.

3. Your League should use this opportunity to educate voters about primary elections and where they fit in the general election process.

4. The nonpartisan stance of the League must be safeguarded at all times. Co-sponsorship agreements may be entered into only if nonpartisanship can be assured.

Contact the LWVCT office or LWVCT Voter Service VP if you have questions or concerns.

Eligibility

The LWVCTEF has established a candidate eligibility policy that we apply to all of Connecticut’s U.S. Senatorial and Congressional races and all Connecticut “constitutional” offices, specifically including the governorship and the executive-branch “underticket.”

The LWVCTEF criteria used in determining whether a candidate should be invited to participate in the LWVCTEF’s candidates debates and forums are as follows:

A Debate Committee consisting of the LWVCTEF President, Vice President/Communications, Vice President/Voters Service and the Treasurer will determine if a candidate meets the criteria. The criteria are to be applied as objectively as possible. The Debate Committee will make candidate eligibility decisions at least thirty days prior to a debate or forum. The Board of Directors of the LWVCTEF will be notified of the Committee’s decision at least one day before candidates are informed.

This policy applies to the following races: U.S. Senate, U.S. Representative, CT Constitutional Offices, and other multi-town offices.

Meeting League debate criteria is not to be interpreted as an invitation to debate.

If a local League or a group of local Leagues wants to hold a debate/forum for candidates for statewide office, they must receive approval from the State Board and meet the following criteria:

Local Leagues may choose one of the following options to use in local elections:

1. All the candidates running for a particular office will be invited to participate in a debate or forum.

2. To be invited to participate in a debate or forum, candidates must have achieved ballot access in accordance with Connecticut election laws (this excludes write-ins).

3. To be invited to participate in a debate or forum, candidates must meet the LWVCTEF candidate eligibility criteria.

Whichever option your League chooses, the criteria must be applied as objectively as possible. The decision should be made at least ten days prior to the debate or forum (in accordance with the LWVCT standard for state-wide debates/forums.)

Candidate selection decisions must be made in a clear, fair and reasonable way, including:

· Establish your League’s official selection criteria. (You should realize that, even if you use objectively applied selection criteria, you may be challenged by uninvited candidates and may face objections ranging from protest rallies through complaints to federal or state agencies to lawsuits. This is one of the reasons why the LWVCT offers D&O insurance.)

· Include in the motion a statement that the candidates must meet all the criteria to be eligible., and make sure your membership, the candidates and the media are told.

If other candidates seek an invitation, the burden of proof is on them to establish eligibility. You may request information to support a candidate’s claim to eligibility.

Criteria should be reviewed and readopted for each debate. Once criteria have been adopted, stick to them and apply them consistently. The criteria are not negotiable; do not yield to pressure to change or waive them to accommodate particular candidates.

The LWVCT strongly discourages the use of substitutes or stand-ins for candidates. If your League is an exception to this rule, make it clear who may qualify to substitute and under what circumstances.

As soon as possible once the debate or forum has been decided upon, invite all candidates who are clearly eligible under your criteria.

The initial invitation may be by telephone, fax, mail, or e-mail, but if it is by phone, it must immediately be followed by a confirming letter, whether the candidate has accepted or not. (“Dear Candidate Jones: Thank you for agreeing to participate . . .” or “Dear Candidate Jones: We hope you will be able to participate . . .” or “Dear Candidate Jones: We regret that . . .”) If it is sent by fax or e-mail, a confirming letter may be helpful but is not strictly necessary. If the date has not been firmly set, the candidates must be given a (limited) range of choices.

Your initial written communication should include date(s), place, time, format, driving and parking instructions, and, where appropriate, a statement of the candidate selection criteria.

If there are questions from any of the candidates, it is best to hold initial discussions with each candidate (or staff) separately and under conditions of confidentiality. If you can, start with the strongest (or most difficult) candidate. Once you have an agreement with him or her, you can bring it to the other candidates for approval or modification.

If you have to have a face-to-face meeting with any candidate or staff, develop an agenda for the meeting but be flexible. Start with the major issues -- date, format, content (if limited), questioners. Once you agree on the essentials, the details may never become an issue.

If one or more candidates want assurances about the ground rules or details of the debate -- such as the setting, audience, use of notes, arrangements for news coverage, etc. -- provide them with a (written) description of your plans and discuss possible modifications.

If the candidates disagree, bring them together to work out an agreement. The negotiating team should be present to protect your League’s interests and goals and to ensure that the debate will be fair and impartial.

· a written agreement signed by each candidate (even if all prior discussions were with the campaign staff) and your League’s president, or

· a letter addressed to the candidate directly (with copy to his or her staff if necessary), signed by your president, setting forth the agreed terms and ending with a statement such as: “if this is not acceptable to you, you must notify me at [phone number] not later than [date]. Otherwise we will expect your participation subject to the above terms.”

This agreement may be as general or specific as necessary. It should be considered a public document and, if appropriate, made available to the news media. If you cannot reach agreement on a debate that meets your League’s goals and is fair, impartial and informative, you may decide to withdraw sponsorship. Be sure that the candidates know that if you decide to withdraw, you will make a public announcement of your decision and the reasons for it.

After negotiations, keep the candidates informed about arrangements not included in the agreement, such as ticket distribution, debate furniture, photo opportunities, press coverage, etc. If there are objections, you will still have time to make adjustments.

Sometimes only one candidate in a contested election accepts a debate invitation, or a candidate cancels a debate appearance after agreeing to participate, leaving the debate with only one participant, often called an “empty chair” debate. If only one candidate accepts the invitation, the debate should be canceled. While cancellation is also the most prudent course of action when a candidate fails to appear at the event or backs out shortly before the debate, Leagues may need to consider whether and how to proceed should they find themselves in an empty chair debate situation.

There are no specific guidelines from the FEC or the IRS pertaining to the ability of nonprofit organizations to sponsor an empty chair debate. (FCC regulations would preclude any broadcast coverage of such an event.) Inasmuch as an empty chair debate, by giving one candidate a forum to talk to voters all by him/herself, bestows a real benefit on that candidate, there is a risk to any League that hosting such. a debate would run afoul of FEC and/or IRS rules as well as the League is nonpartisan policy.

The degree of risk and the options available to Leagues vary depending on the office being sought by the candidates and the IRS designation of the sponsoring organization.

For debates involving candidates for federal office, FEC rules are particularly significant. To meet the FEC definition of a debate and thereby avoid being categorized as an illegal contribution to a federal candidate, the event must include at least two candidates. This rule applies to debates sponsored by both 501(c)(3) and 501(c)(4) organizations. Any League that contemplates hosting an empty chair debate in connection with a federal election is strongly encouraged to seek formal guidance from the FEC. FEC rules do allow educational institutions (e.g., a university) to sponsor “candidate appearances” that also involve members of the public. The rules are not clear as to whether co-sponsorship with an educational institution would give the League more latitude in dealing with an empty-chair situation.

For debates sponsored by 501(c)(3) organizations for candidates for state or local office, IRS rules are critical. (It is also critical to review any applicable state and local election laws.) Although empty chair debates are not expressly prohibited by the IRS, the agency might well consider such an event to be an improper electioneering activity. Leagues can reduce that risk by observing the following guidelines:

IRS rules are more liberal for debates sponsored by 501(c)(4) organizations, but the League nonpartisanship policy still applies. A League acting as a 501(c)(4) membership organization could sponsor a state or local candidate event involving only one candidate. In considering such an option, the League would want to ensure that the event would not violate any state or local election laws; no tax deductible funds would be used for the event; and the event would not damage the League’s nonpartisan reputation by creating the impression that the League favored one candidate over another.

This kind of debate begins with a “proposition,” a statement of opinion on an issue. Each candidate addresses the proposition in an opening statement/response; each candidate than has an opportunity to rebut or respond to the statement.

· candidates each submit several propositions in advance; the sponsor chooses one from each candidate.

· after the opening statements and rebuttals, the candidates question each other (a format developed at the University of Oregon).

This "classic" debate formula is perhaps the most familiar. A moderator or panelist addresses a question to a candidate and the candidate has a set time to respond.

· rebuttals -- give candidates the opportunity to give a timed response to an opponent's answer.

· follow-up questions -- allow the moderator or panelist to ask related follow-up questions to probe for more in-depth answers or non-evasive responses.

· candidate follow-up questions -- provide an opportunity for candidates to ask opponents questions that are directly related to the opponent's response.

· “jump ball” questions -- the “jump ball” technique is especially useful in multi-candidate debates. The moderator or panelist poses a question and each candidate has the opportunity to respond. Candidates may (1) use all the allotted time for a detailed answer, (2) briefly indicate agreement or disagreement with another candidate or (3) choose not to answer. The moderator may encourage reluctant candidates to participate and try to keep any candidates from dominating the debate.

The League is indebted to Don Noel of The Hartford Courant for introducing us to the concept of cumulative time for debates. Over time our experience has led us to vary his approach somewhat but his original concept is still here.

This format is designed to enable candidates to elaborate freely on their approaches to a variety of issues, unimpeded by the strict time constraints of a more traditional debate format. The LWVCT has found this format promotes interchange between candidates, allows them to hold each other to account, and keeps the voters’ interest while enabling them to see the difference between the candidates.

Each candidate, when speaking, is timed by his or her own timekeeper and each cumulative time is kept. Periodically, generally whenever one candidate stops speaking and another begins, all the timekeepers simultaneously hold up their signs indicating the amount of time used by each candidate. The moderator and the candidates see how their time usage compares, and the candidates can self-moderate to balance any significant discrepancies in time usage. In addition, from time to time the moderator may inform candidates if sizable discrepancies appear to be developing, so that candidates who are behind may avail themselves of the opportunity to use more time. This format encourages candidates to respond as briefly as desired on a topic deemed less important or on which there is no disagreement and to use the allotted time to discuss more fully subjects considered more important.

Candidates are encouraged to rebut and sur-rebut, responding to their differences as they perceive them, understanding that the “clock is running.” In this format candidates have the opportunity to hold each other to account rather than having this role assumed by the moderator and/or panelists. The moderator simply reminds the candidates of the clock and moves to another question when the topic appears exhausted. Candidates are not allowed to “save up” time during the questioning and use it to make a speech at the end.

Each round of discussion is initiated by the moderator/one of the members of the panel. The same question is addressed to each candidate before direct debate between/among candidates is invited. Candidates take turns being first to respond to the question.

Each candidate has two minutes for a closing statement. The order of precedence is determined by lot prior to the debate. The winner chooses his position in the order of the closing statements. The same order is used to begin the questioning.

Source: Mark Russak presented a variant of this “Example of Generic Modified Cumulative Time Format Candidate Letter” in his Voter Service Workshop at LWVCT Convention 2003.

Numbers are drawn from a hat to determine the order of answering the first question. The same order are used for summations.

There are no opening statements. After introduction of the candidates by the moderator, the questions will immediately begin. At the end of the debate, a 2-minute summation /rebuttal is allowed.

Each candidate will answer each question in 2 minutes or less. A timer will hold up a card indicating the amount of time remaining at 30 seconds, 15 seconds and then 0.

Each candidate will have a “bank” of time that can be drawn on to elaborate on a response or to use for rebuttals. All elaborations and rebuttals are deducted from bank time regardless of how much time was used to initially answer the question. The bank should be at least 2 minutes long and could be up to 15 minutes long

Each candidate is assigned his or her own bank timer who will keep the candidate and moderator apprised of how much time is left in the bank after each round of questions by holding up a sign. There is one other time keeper keeping track of the 2 minutes used to initially answer the questions and for the summations. The moderator should introduce each candidate to his or her timekeeper and make sure that everyone can see her without difficulty.

Please note that this is not an exact time limited format. The purpose here is to allow discussion of the issues. Time saved on answers and rebuttals is used to ASK MORE QUESTIONS, and not added to a candidate’s bank. There will be time for about 7 to 10 questions --more if less time than allotted is used.

As the end of the debate nears, bank time not used by candidates may be used at the moderator’s discretion for additional questions. All decisions by the moderator regarding time, when an issue is exhausted, appropriate discussion, or anything else, are final.

Some questions should be prepared in advance by the sponsors and solicited from the public and newspaper reporters. The audience may submit written questions. These questions will be screened by a bipartisan panel for appropriateness and duplication; all questions must be phrased so that they are issue orientated and can be appropriately answered by all candidates. Similar questions may be combined.

Suggested by Ian McMillan and recently used by the LWVs of the Bridgeport Area and Weston.