Arizona Elections Law: What a School Employee or Governing Board - PDF document

WRITER’S DIRECT LINE: 480 -461-5333 EMAIL: dlb@udallshumway.com Arizona Elections Law: What a School Employee or Governing Board Member May and May Not Lawfully Do I. Summary of the Law: A.R.S. § 15-511 A person acting on behalf of a school district or a person who aids another person acting on behalf of a school district must not -  spend or use school district or charter school 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 or charter school. for the purpose of influencing the outcomes of elections. "Influencing the outcomes of elections" means 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. A school district may -  distribute informational reports on a proposed budget override election.  distribute informational reports on a proposed bond election. A school district may  report on official actions of the governing board. A school district or charter school may -

UDALL | SHUMWAY ASPRA Meeting Page 2  use its resources, including facilities and equipment, 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.  rent its public facilities to a private person or entity that wants to lawfully attempt to influence the outcome of an election if that use does not occur at the same time and place as a government-sponsored forum or debate. "Government-sponsored forum or debate" means any event, or part of an event or meeting, in which the government is an official sponsor, which is open to the public or to invited members of the public, and whose purpose is to inform the public about an issue or proposition that is before the voters. An employee of a school district or charter school who is acting as an agent of or working in an official capacity for the school district or charter school may not -  give pupils written materials to influence the outcome of an election or advocate support for or opposition to pending or proposed legislation. Employees of a school district or charter school may not -  use the authority of their positions to influence the vote or political activities of any subordinate employee. A school district may not –  spend monies for membership in an association that attempts to influence the outcome of an election. No one may –  construe A.R.S. §15-511 as denying the civil and political liberties of any person as guaranteed by the U.S. and Arizona Constitutions. The Attorney General must –  publish and distribute to school districts and charter schools a detailed guideline regarding activities prohibited by the law. The Attorney General or the county attorney may -

UDALL | SHUMWAY ASPRA Meeting Page 3  file suit to enforce the law. The court may –  impose a civil penalty not to exceed $5,000.00 per violation, plus order any amount of misused funds subtracted from the school district budget against a person who knowingly violates or a person who knowingly aids another person in violating the law. The person determined to be out of compliance is responsible for the payment of all penalties and misused funds. School district funds or insurance payments may not be used to pay these penalties or misused funds. "Misused funds" means school district monies or resources used unlawfully per this law. An attorney acting on behalf of a public school may –  request a legal opinion of the county attorney or attorney general as to whether a proposed use of school district resources would violate the law. Penalties collected by the court for a suit initiated in superior court by the attorney general shall be paid to the office of the attorney general for the use and reimbursement of costs of prosecution pursuant to this section. Penalties collected by the court for a suit initiated in superior court by a county attorney shall be paid to the county treasurer of the county in which the court is held for the use and reimbursement of costs of prosecution pursuant to this section. II. What Kinds of Political Activities are Lawful? Board members, administrators, teachers and staff are lawfully permitted to do the following: 1. Put up posters and yard signs at their own homes and at the homes of agreeable and willing friends, relatives and total strangers. 2. Encourage friends, family, neighbors and total strangers to vote in favor of the bond or override. 3. Speak at churches, clubs, and/or fraternal meetings about the need for the bond or override. 4. Speak on the radio, appear on a television spot, and write letters to the editor in favor of the bond or override. 5. Have their own children appear on such television or radio spots or write letters to the editor, IF their own individual children are so inclined.

UDALL | SHUMWAY ASPRA Meeting Page 4 6. Donate their own money to be used by a group for the purpose of influencing the election by purchasing radio, television or print ads or making posters or buttons. 7. Ask other people to donate their money to support the bond or override. Wear buttons and t- shirts in favor of the bond or override on “personal time”, but NOT at 8. school during regular business hours or other school functions (such as sporting events) IF they are serving in a supervisory or other official capacity during that time. - IF they are just attending like other folks, then it is okay. 9. Have bumper stickers on their cars, even in the school parking lots. 10. Identify themselves as employees, board members, or school volunteers when talking about the override, as long as it is NOT during school hours or at extracurricular school events at which they are working or supervising – and this is made it clear. Example: “I’m here on my lunch hour” or “I’m taking a vacation day”. The individual must NOT say he/she is speaking on behalf of the school district or because the school district asked him/her to do so. 11. Provide voter registration information and have voter registration materials on hand at the schools, IF this information and these forms are available year-round. 12. Have publicity pamphlets and early ballot request forms and other election materials that were printed by the election department available on school property. 13. Be part of a political action committee (PAC), donate money to the PAC, telephone as part of the PAC, and be an officer for the PAC, as long as those activities are done on their OWN TIME, without coercion from the school to do so. Permissible Use of School Property : Two situations in which school property may lawfully be used to influence the outcome of elections:  A group pays rent to use the school property for the political purpose.  The school property is being used as part of a scheduled debate forum for the public in which both sides have an equal opportunity to appear and present information – even if the opposing side chooses to NOT show up. III. What Kinds of Political Activities are Not Lawful?

UDALL | SHUMWAY ASPRA Meeting Page 5 Board members, administration, teachers and staff must not: 1. Say they are doing any of the above activities (Section II above) on behalf of the school district or because the school district asked them to do so. 2. Do any of the above activities (Section II above) on school time or at regularly scheduled school functions, including sporting events IF they are serving in a supervisory capacity. 3. Do any of the following activities on school property: a. Use school resources (postage meters, regular mailing, emailing, computers, copy machines, public announcements, web pages, school newspapers) to send OUT information favoring the passage of the override or other election. b. Use a position of power, or perceived power, to either influence the vote of a subordinate employee or to cause the subordinate employee to participate in political activities. c. Give students election information to take home, even if the materials were prepared by another group with private funds and did not use any school resources for this purpose. d. Use school resources to create any of the signs, flyers, buttons, bumper stickers, or other related items. Disclaimer: The information provided in this document and the related presentation is for informational purposes only and should not be used in place of legal advice. Thank you! 4161958.1