Busted: Boston metropolis councilor caught politicking in polling place after presidency declare [+see video]

Boston Metropolis Councilor Gabriela Coletta Zapata, who says she has secured the physique’s presidency, was captured on police physique cam footage interacting with a voter inside a polling place, in potential violation of state legislation that prohibits political exercise.

Coletta Zapata was seen arguing with a Boston police officer, who was seemingly asking her to go away a polling location in her district after witnessing her talking with a voter throughout early voting hours for the September preliminary election. The interplay was captured on physique digicam footage that was launched to the Herald on Friday by the Boston Police Division after a public information request.

Below Massachusetts legislation, electioneering, campaigning, signature-gathering, and different particular political actions are prohibited inside 150 ft of a voting location. The 150-foot rule applies to polling locations on Election Day and early voting websites throughout voting hours, per an election advisory offered by Secretary of State Invoice Galvin’s workplace, which oversees metropolis and state elections.

“Enforcement of the 150-foot rule is the responsibility of the presiding officer of the polling location,” the election advisory states.

On the video, Coletta Zapata is seen having a tense alternate with a person recognized as a Boston police officer over her presence inside an East Boston polling location. The councilor was going through a contested bid for reelection on the time.

“You’re the first time I’ve had a police officer come over to me,” Coletta Zapata, 33, says within the Aug. 30 video. “I’m having a conversation with a constituent right now, and I’m not campaigning.”

The police officer then responds, “You cannot have it within the voting area. Alright? I do have the paperwork and you can read it.”

Coletta Zapata then says, “I’ve seen the paperwork, thanks. So, can I simply end my thought with him? We’re speaking about coverage. … I’m not campaigning. I’m not asking for anyone’s vote right here, so there’s a distinction.

“I appreciate you, but this is the first time I’ve ever dealt with this,” Coletta Zapata stated to the officer earlier than asking, “How many years have you worked in the Boston Police force?”

The officer responded by saying, “seven,” to which Coletta Zapata, stated “seven, OK,” after which addressed the voter, saying, “Alright, well we’ll finish this conversation later,” earlier than continuing to go away the polling location.

The physique cam video footage of Coletta Zapata’s presence inside a polling location throughout voting hours got here to mild days after the East Boston councilor’s declare that she has secured the seven votes wanted to turn out to be Metropolis Council president for the following two-year time period that begins in January.

Coletta Zapata, chair of the highly effective Authorities Operations Committee, which performs a key function in finalizing laws proposed by the mayor and Metropolis Council, was first elected to the Council in a particular election for the District 1 seat in Might 2022.

She was reelected earlier this month, holding off a problem from Andretti Stanziani, who opted in opposition to actively campaigning regardless of staying on the poll.

Coletta Zapata, in a Friday assertion to the Herald, stated she was not engaged in any political exercise, and stated she noticed the interplay with the officer as a “misunderstanding” about her function on the polling location.

She additionally offered a photograph of her that was taken with the officer she says she was talking with within the physique cam footage, at an occasion 5 days later. She recognized the police officer as Christian Cuascet Hernandez.

“I was speaking with a constituent after dropping off pizzas and an officer asked me to move along,” Coletta Zapata stated. “I believed we had a misunderstanding about my function there, however I respect our members of the BPD and moved alongside.

“We connected again a few days later and I’m glad we have Officer Cuascet Hernandez protecting us in East Boston,” the councilor added.

Coletta Zapata stated “no” when requested whether or not her presence was political in nature or associated to marketing campaign exercise, however didn’t reply when requested what her remarks about discussing coverage with a constituent have been associated to, and if she noticed that as having any affect on voters.

Per state legislation, “shaking hands or otherwise greeting voters while being a candidate on the ballot” is prohibited, and a “person may not do anything within 150 feet of a voting location designed to aid or defeat a candidate or question being voted on in that location.”

Harvey Silverglate, a constitutional and civil liberties legal professional, stated that as a Boston metropolis councilor up for reelection, Coletta Zapata’s mere presence contained in the polling location constituted a “likely” violation of state legislation.

“I think it’s likely a violation,” Silverglate instructed the Herald. “It’s not certain, but it’s likely. I don’t buy the defense, but it’s arguable.”

Silverglate stated Coletta Zapata’s rationalization is “plausible,” however “I think it will fail,” ought to there be a grievance filed with the state or an investigation.

“There’s an 80% chance she’s wrong, but there’s a 20% chance she’s right,” Silverglate stated, including that if the state opted to research the matter, “I think she probably would be penalized.”

Debra O’Malley, a spokesperson for the secretary of state’s workplace, stated the state has not obtained any complaints about Coletta Zapata’s presence within the polling website, and didn’t reply when requested whether or not the video would set off an investigation.