Limitations on Local Government Ballot propositions Limitations on Local Government

Prior to adoption of A ballot proposition County can conduct research polling and/or surveys to determine receptivity of populace to a ballot measure County can conduct public meetings to discuss any potential ballot measure and receive public input and/or input from other governmental entities County staff can engage in due diligence so as to provide information necessary for the County Council to make an informed decision on placing a ballot measure

Once a ballot resolution is adopted, the rules change dramatically “a public entity may not make an expenditure from public funds . . . to influence a ballot proposition.” UCA §20A- 11-1203 (emphasis added) This is a broad restriction that applies not just to the County, but also to all cities, school districts and special service districts. UCA §20A-11-1202(10)

What does “expenditure” Mean? “a purchase, payment, donation, distribution, loan, advance, deposit, gift of money, or anything of value.” UCA §20A-11-1202(4)

What does “public funds” mean? “appropriations, grants, taxes, fees, interest, or other returns on investment.” UCA §20A- 11-1202(11)

What does “influence” mean? “to campaign, or advocate for or against a ballot proposition.” UCA §20A-11-1202(6)

Violation constitutes a Class B Misdemeanor (UCA §20A-11-1204) What highly competent legislator placed such a harsh penalty into the law? SB 85 (2004) – Sen Thomas

What about the use of public email? Public email addresses may not be used to advocate for or against a ballot proposition. Upon a 1st offense, the violator will be assessed a $250 fine by the County Clerk. All subsequent offenses carry with them a $1,000 fine per occurrence.

IN SUM, THE COUNTY MUST REMAIN COMPLETELY NUETRAL!

Now that you are completely terrified, let’s talk about the exceptions to the rule: Nothing prohibits a public official, such as a councilmember, from speaking, campaigning, contributing personal money or otherwise exercising their 1st Amendment rights to advocate for or against a ballot proposition. (UCA §20A-11-1206) County may provide a “brief statement about a public entity’s position on a ballot proposition and the reason for that position.” (UCA §20A-11-1202(6)(b)) Cities, school districts and special service districts can adopt resolutions in support or in opposition to the ballot proposition. County Council writes the argument (and any rebuttal) in favor of the ballot proposition under the Transparency of Ballot Propositions Act. The Council makes its request by September 6th and makes its submission by September 9th. Argument is limited to 500 words and rebuttal to 250 words. (UCA §20A-7-801) An eligible voter (which may be a County Council member) may file the argument in favor of the ballot proposition (as well as any rebuttal) as part of the Voter Information Pamphlet. Requests are made by September 6th and submissions are made by September 9th. Word limitations are the same as above. (UCA §20A-7-402) County may provide “factual information about a ballot proposition to the public, so long as the information grants equal access to both the opponents and proponents of the ballot proposition.” (UCA §20A-11-1206) County may also encourage, in a neutral fashion, residents to vote. (UCA §20A-11-1206)