Boston Councilor Caught in Polling Place: Legal Concerns Rise

UPDATE: Boston City Councilor Gabriela Coletta Zapata is under scrutiny after being caught on police body cam footage interacting with a voter inside a polling place, raising significant legal concerns. The incident occurred during early voting hours for the September preliminary election in East Boston, potentially violating Massachusetts election laws.

Video footage released to the media reveals a tense exchange on August 30 between Coletta Zapata and a Boston police officer, who was reportedly asking her to leave the polling location. The footage shows her asserting that she was not campaigning, despite being in proximity to voters. “I’m having a conversation with a constituent right now, and I’m not campaigning,” she insists in the clip.

Under Massachusetts law, electioneering and political activities are strictly prohibited within 150 feet of a polling location during voting hours. This regulation is enforced by the presiding officer at the site, as outlined in an advisory from Secretary of State Bill Galvin’s office.

The interaction raises questions about the legality of Coletta Zapata’s presence, particularly as she faces a contested reelection bid. Legal experts suggest that her actions could be viewed as a violation of state law. Harvey Silverglate, a constitutional attorney, stated, “It’s likely a violation… I think it will fail” if a complaint is filed.

In a statement to the media, Coletta Zapata downplayed the incident, describing it as a “misunderstanding” and asserting that she was merely speaking with a constituent after delivering pizza. “I thought we had a misunderstanding about my purpose there… I respect our members of the BPD and moved along,” she noted, while sharing a photo with Officer Christian Cuascet Hernandez taken at a subsequent event.

Despite her claims, critics are questioning whether her presence was politically motivated. Coletta Zapata did not clarify the nature of her discussion about policy with the voter, stating only that it was not campaign-related.

No formal complaints have been lodged against Coletta Zapata’s actions at the polling site, according to a spokesperson for the Secretary of State’s office. However, the potential for an investigation looms as community members and political adversaries express concern.

Should Coletta Zapata secure her position as Council president in January, she would be the second-highest official in the city government, following Mayor Michelle Wu. Her elevation would place her in a position to act as mayor during Wu’s absence, amplifying the stakes of this controversy.

Fellow Councilors Brian Worrell and Julia Mejia, who are also contesting her claim for Council president, have not commented on the situation. Councilor Ed Flynn emphasized the importance of respecting first responders without addressing the legal implications of Coletta Zapata’s actions.

As this story develops, all eyes are on whether the state will take action regarding this breach of election protocol. The implications for Coletta Zapata’s political future could be significant, making this a situation to watch closely in the coming days.

Stay tuned for updates on this breaking story as more information emerges.