First, Section 80 of the Omnibus Election Code, on premature campaigning,
explicitly provides that [i]t shall be unlawful for any person, whether or not a
voter or candidate,or for any party, or association of persons, to engage in an
election campaign or partisan political activity, except during the campaign
period. Very simply, premature campaigning may be committed even by a person
who is not a candidate.
For this reason, the plain declaration in Lanot that [w]hat Section 80 of the
Omnibus Election Code prohibits is an election campaign or partisan political
activity by a candidateoutside of the campaign period,[41] is clearly erroneous.
Second, Section 79(b) of the Omnibus Election Code defines election campaign or
partisan political activity in the following manner:
SECTION 79. Definitions. - As used in this Code:
xxxx
(b) The term "election campaign" or "partisan political activity"
refers to an act designed to promote the election or defeat of a particular
candidate or candidates to a public office which shall include:
(1) Forming organizations, associations, clubs, committees or
other groups of persons for the purpose of soliciting votes and/or
undertaking any campaign for or against a candidate;