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

Coletta Zapata was seen arguing with a Boston police officer, who was seemingly asking her to leave a polling location in her district after witnessing her speaking with a voter during early voting hours for the September preliminary election. The interaction was captured on body camera footage that was released to the Herald on Friday by the Boston Police Department after a public records request.

Under Massachusetts law, electioneering, campaigning, signature-gathering, and other specific political activities are prohibited within 150 feet of a voting location. The 150-foot rule applies to polling places on Election Day and early voting sites during voting hours, per an election advisory provided by Secretary of State Bill Galvin’s office, which oversees city 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 exchange with a man identified as a Boston police officer over her presence inside an East Boston polling location. The councilor was facing a contested bid for reelection at the time.

“You’re the first time I’ve had a police officer come over to me,” Coletta Zapata, 33, says in 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, thank you. So, can I just finish my thought with him? We’re talking about policy. … I’m not campaigning. I’m not asking for anybody’s vote here, so there’s a difference.

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

The officer responded by saying, “seven,” to which Coletta Zapata, said “seven, OK,” and then addressed the voter, saying, “Alright, well we’ll finish this conversation later,” before proceeding to leave the polling location.

The body cam video footage of Coletta Zapata’s presence inside a polling location during voting hours came to light days after the East Boston councilor’s claim that she has secured the seven votes needed to become City Council president for the next two-year term that begins in January.

Coletta Zapata, chair of the powerful Government Operations Committee, which plays a key role in finalizing legislation proposed by the mayor and City Council, was first elected to the Council in a special election for the District 1 seat in May 2022.

She was reelected earlier this month, holding off a challenge from Andretti Stanziani, who opted against actively campaigning despite staying on the ballot.

Coletta Zapata, in a Friday statement to the Herald, said she was not engaged in any political activity, and said she saw the interaction with the officer as a “misunderstanding” about her purpose at the polling location.

She also provided a photo of her that was taken with the officer she says she was speaking with in the body cam footage, at an event five days later. She identified 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 said. “I thought we had a misunderstanding about my purpose there, but I respect our members of the BPD and moved along.

“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 said “no” when asked whether her presence was political in nature or related to campaign activity, but did not respond when asked what her remarks about discussing policy with a constituent were related to, and if she saw that as having any influence on voters.

Per state law, “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 attorney, said that as a Boston city councilor up for reelection, Coletta Zapata’s mere presence inside the polling location constituted a “likely” violation of state law.

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

Silverglate said Coletta Zapata’s explanation is “plausible,” but “I think it will fail,” should there be a complaint 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 said, adding that if the state opted to investigate the matter, “I think she probably would be penalized.”

Debra O’Malley, a spokesperson for the secretary of state’s office, said the state has not received any complaints about Coletta Zapata’s presence in the polling site, and did not respond when asked whether the video would trigger an investigation.

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Councilors Brian Worrell and Julia Mejia, who are both challenging Coletta Zapata’s claim for Council president, did not respond to a request for comment.

Should Coletta Zapata be elected Council president by her colleagues in January, she would be the second-highest ranking elected official in city government, behind Mayor Michelle Wu, and would take over as acting mayor in Wu’s absence.

Councilor Ed Flynn addressed Coletta Zapata’s tense exchange with a police officer in a statement to the Herald, but declined to address the potential violation of state law.

“As elected officials,” Flynn said, “we must treat our first responders, police officers and city employees with respect.”

City Councilor Gabriela Coletta Zapata is seen in a Boston Police body camera video inside an East Boston polling place talking during Election Day. (BPD screengrab.)
She attempted to explain the situation to the officer. (BPD)