Restrictions on election advocacy by school district employees NOTE: To change the image on this slide, select the picture and delete it. Then click the Pictures icon in the placeholder to insert your own image. Jordan T. Ellel, Tempe Tri-District Legal Counsel

Topics to be Discussed Legal Framework – A.R.S. § 15-511 Prohibited and Permitted Activities Frequently Asked Questions Questions???

Legal framework – a.r.s. § 15-511

A.R.S. § 15-511 in Brief Prohibits a person acting on behalf of the school district from using school resources to influence the outcomes of elections. (A.R.S. § 15- 511(A)) Applies to ALL elections: School boards; President, legislature, congressional, city candidates, etc.; Initiatives and referenda and state level; and School district bonds and override campaigns

A.R.S. § 15-511 in Brief (continued) Definition of “influencing the outcomes of elections” (A.R.S. § 15-511(M)(2)) Supporting or opposing a candidate for nomination or election to public office or the recall of a public officer or supporting or opposing a ballot measure, question or proposition, including any bond, budget or override election and supporting or opposing the circulation of a petition for the recall of a public officer or a petition for a ballot measure, question or proposition in any manner that is not impartial or neutral. Arizona Attorney General has developed detailed Guidelines regarding activities prohibited under this section. (A.R.S. § 15-511(H)) Unfortunately, the AG Guidelines have not been updated since 2004, but still provides useful information.

prohibited and permitted activities

Prohibited Activities – A.R.S. § 15-511 An employee of a school district may not “spend or use school district . . . resources, including the use or expenditure of monies, accounts, credit, facilities, vehicles, postage, telecommunications, computer hardware and software, web pages, personnel, equipment, materials, buildings or any other thing of value of the school district . . . for the purpose of influencing the outcomes of elections.” (A.R.S. § 15-511(A)) This prohibition includes the use of school district-focused promotional expenditures that occur after an election is called and through election day. (A.R.S. § 15-511(B)) An employee may not give pupils written materials to influence the outcome of an election or to advocate support for or opposition to pending or proposed legislation. (A.R.S. § 15-511(D)) An employee may not use the authority of their position to influence the vote or political activities of any subordinate employee. (A.R.S. § 15-511(E))

Civil Penalties – A.R.S. § 15-511(J) For each violation of the statute, the courts may impose a civil penalty not to exceed $5,000 plus any amount of misused funds subtracted from the district budget. The penalties are personal liabilities and will be imposed directly against the person that violates the statute and anyone who knowingly aids another person in violating the statute. No school district funds or insurance funds may be used to pay these penalties. Misused funds collected are returned to the school district.

Permitted Activities – A.R.S. § 15-511 School resources may be used for government-sponsored forums or debates if the government sponsor remains impartial and the events are purely informational and provide an equal opportunity to all viewpoints. (A.R.S. § 15-511(C)) Nothing in the statute “shall be construed as denying the civil and political liberties of any person as guaranteed by the United States and Arizona Constitutions.” (A.R.S. § 15-511(G))

Permitted Activities – Attorney General Guidance School district employees may, when not on “duty time,” exercise their free speech rights, including being involved in campaigns, including: Advocating for a campaign or candidate; Distributing literature; Wearing campaign shirts, stickers, or buttons; Using bumper stickers (even when parked for the day at work); Making speeches; or Making contributions to a campaign. Employees should make it clear that they are not representing the District when engaging in these permitted activities. Employees may receive campaign-related emails on their District emails, but CANNOT forward such emails to other accounts, including their own personal email accounts.

Permitted Activities – Attorney General Guidance (continued) School district employees may remind individuals regarding the date of elections, but must not give any suggestion regarding HOW to vote. Employees may answer questions regarding ballot measures so long as the responses provide factual information in a neutral manner. Employees may also prepare and distribute informational reports regarding bond and budget override elections that discuss the fiscal impact of the ballot measure on the district. HOWEVER, employees must be cautious that the facts cannot be viewed as being overly speculative, skewed, or selectively used to further a particular viewpoint.

Frequently Asked Questions

FAQ 1 Q: Can a person use their title in support of an issue; e.g., a letter to the editor signed by the Superintendent? A: Yes, although the best practice is to state that the letter is not being written on behalf of the district. The letter must not be written during duty time and no school resources should be used – computers, paper, emails, etc. – in its production.

FAQ 2 Q: Can a parent or employee have a political or election-related bumper sticker on their private car in a school parking lot? A: Yes, this is specifically permitted in the AG’s Guidelines. However, a school may not permit the school parking lot to be used to permanently park a vehicle displaying materials intended to influence an election when the owner is not visiting the school for school business or other permitted activities at the school. If the school is a polling place on election day, any vehicle with election-related materials must be parked more than 75-feet from the polling location as designated by election officials.

FAQ 3 Q: Can teachers wear buttons or t-shirts to school in support of/opposition to a ballot measure? Can teachers wear buttons or t-shirts in support of a ballot measure to a board meeting? A: No and Maybe. If the teachers are not attending the board meeting as part of their official duty (either to supervise or otherwise), or intending to speak using their position as authority, then they may advocate as a member of the public – so long as all sides are permitted to present their advocacy equally.

FAQ 4 Q: Can the district distribute factual information about the impact of a ballot measure to the public? A: Yes, but the facts should be presented fairly, completely, and without commentary or bias. If at all possible, such materials should stick solely to the financial numbers and avoid any editorial comment.

FAQ 5 Q: Can district employees discuss their position on candidates or ballot measures during the course of the school day or at official events? A: Employees do have the right of free speech, but those rights are limited in the work environment. During non-duty time, employees should feel free to express their point of view and discuss with other employees who are also off-duty. Employees must refrain from expressing their views about the election to students during the school day. If discussing a ballot measure before community groups, employees should take time off from work if discussing these ballot measures in anything but a factual manner.

FAQ 6 Q: Can the band and cheerleaders perform at a ballot measure rally? A: Yes, but such a performance must be truly voluntary on behalf of the students and no district-provided uniforms, instruments, or transportation should be used.

FAQ 7 Q: Can civics educators discuss ballot measures as part of a Kids Voting program or other type of program to teach students about the political process? A: Yes, so long as the instructor follows an approved curriculum that is neutral in its approach, presenting arguments and materials fairly and equally from both sides. While students are free to voice their positions about ballot measures during such a program, school employees should refrain from doing so.

FAQ 8 Q: Can voter registration materials be given out by schools? A: Yes, but only if such materials are available all the time and not just as part of an advocacy effort.

FAQ 9 Q: If a school gives out space to an outside group for free – under the community use policy where the activity supports the school’s educational mission – can that outside group allow campaigning by a ballot measure group? A: No. If the school facility is being used without compensation being paid – because the activity is deemed to further the school’s educational mission – no campaign activity can occur since that is, by law, not a part of the school’s educational mission. Districts need to monitor the activities conducted carefully by outside groups using their facilities.

FAQ 10 Q: Can school buildings be used by outside groups for campaign-related events? A: Yes, as long as the facility is rented at the going rate under the district’s community use of facilities policy. This includes parent teacher organizations that normally get free use for their meetings; if the meeting is to discuss ballot measure campaigns (for or against), rental fees must apply for that meeting.

Questions????