Opinion 24-134

September 12, 2024

Digest: A judge may sit at a non-partisan voter registration table that is unaffiliated with any organization and provide voter registration forms to potential voters.

Rules:   22 NYCRR 100.2; 100.2(A); 100.3(A); 100.4(A)(1)-(3); 100.5(A)(1); 100.5(A)(1)(ii), (e); Opinions 20-145; 19-149; 16-63; 16-52; 96-38.

Opinion:

          The inquiring judge asks if he/she may sit at a non-partisan voter registration table in a public location and provide voter registration forms to potential voters.  The table will not be affiliated with any organization and will be staffed entirely by friends or acquaintances of the judge.

          A judge must always avoid even the appearance of impropriety (see 22 NYCRR 100.2), and act to promote public confidence in the judiciary’s integrity and impartiality (see 22 NYCRR 100.2[A]).  A judge’s judicial duties must “take precedence” over all the of judge’s other activities (22 NYCRR 100.3[A]).  A judge may, however, engage in extra-judicial activities that are compatible with judicial office and do not cast reasonable doubt on the judge’s impartiality, do not detract from the dignity of judicial office, and do not interfere with the proper performance of judicial duties (see 22 NYCRR 100.4[A][1]-[3]).  In any event, a judge may not “directly or indirectly engage in any political activity” unless an exception applies (22 NYCRR 100.5[A][1]).  A judge may not, for example, publicly endorse a candidate for election (see 22 NYCRR 100.5[A][1][e]), although he/she may vote and may identify him/herself as a member of a political party (see 22 NYCRR 100.5[A][1][ii]).

          We have said a judge may engage in some non-partisan efforts to encourage members of the public to exercise their right to vote.  For example, we have advised that: “[a] judge may drive members of a religious congregation in another state to their local polling sites, provided this effort is completely independent of any political organization or candidate and the judge avoids impermissible political activity” (Opinion 20-145); a court attorney-referee may participate in a census education drive organized by a not-for-profit fraternal organization, provided he/she acts in a strictly neutral, non-partisan, and informational manner (see Opinion 19-149); a judge may publicly display a non-partisan banner stating “Your vote counts in ___ county” (see Opinion 16-63); and “[a] judge may be a member of the League of Women Voters and accept a leadership position in the local chapter provided that such participation does not result in an involvement in partisan political activity” (Opinion 96-38).  Indeed, we have even said that, “if controlling law permits voter registration forms to be made available at court facilities, it is ethically permissible to do so in a strictly neutral, non-partisan and informational manner, subject to any applicable legal requirements” (Opinion 16-52 [emphasis added]).

Where, as here, there is no apparent partisan political focus, activity or controversy, the handing out of voter registration forms to members of the public in a strictly neutral, non-partisan and informational manner is ethically permissible.  Accordingly, where the activity is unaffiliated with any organization, a judge may sit at a non-partisan voter registration table in a public location and provide voter registration forms to unregistered potential voters.