California law allows public agencies to expend public money and resources to educate voters on matters included on an upcoming election ballot.  State law does not permit using public money or resources to advocate on behalf of, or attempt to influence voters on these same election matters.  In short, a public agency may not encourage “yes” or “no” votes, but may expend public funds on informational activities that provide a fair representation of the facts of a ballot measure.

The prohibition on the use of public funds for traditional campaigning purposes in founded on the principle that is that proponents and opponents of a local proposition have an equal right and interest in the use of local public monies and resources. Selective and imbalanced use of public funds in election campaigns improperly distorts the democratic process.

Although no particular rule governs every case, the following factors help distinguish between improper campaigning activities and those that would be considered proper informational activities:

• Balanced Presentation. Legitimate informational activities present information relevant to both sides of an issue, including potentially positive and negative impacts. One way to ensure a balanced presentation is to provide measure opponents actual access to publications so they may provide their contrary point of view.
• Campaign Materials. Public funds should not fund items such as bumper stickers, posters, advertising floats or television or radio spots urging a particular vote on a measure.
• Public Meetings. The agency’s view on a measure may be expressed at a noticed public meeting because individuals in opposition to the agency’s view are afforded an opportunity to speak out. In this situation, the agency is not limited to presenting a fair presentation of the facts and members of the governing board may advocate for or against a measure.
• Use of Public Resources. It would be considered improper campaigning to use public resources to influence voters on a measure. Public resources include any property owned by the agency, including buildings, facilities, funds, equipment, telephones, supplies, computers and vehicles. Public resources also include the use of agency staff. Therefore, correspondence favoring or opposing a measure should not be authored by agency employees during working hours.

Preparing or Developing a Ballot Measure (Before Inclusion on the Ballot)

Relying on the principle that one of the primary functions of elected and appointed officials is to devise legislative proposals to implement the current administration’s policies, the courts have held that a public agency may prepare, develop and draft proposed legislation, including a ballot measure, to be submitted to the voters.  A public body’s ability to prepare and present a ballot measure probably includes some ability to publish and disseminate it, but these activities should not exceed what is statutorily prescribed under the Elections Code and what the agency normally does in connection with public notification of other minute motions, resolutions, and ordinances ordinarily adopted by the body.

Campaigning by Officials

As discussed above, the use of public funds in connection with a ballot measure is restricted to informational activities.  However, when the use of public funds or resources is not involved, this restriction does not apply. Therefore, agency officials may attend rallies and neighborhood meetings, or go door-to-door, as long as they do not represent that they are doing so in connection with official business and are not using public funds or time in connection with such activities. Where agency time or funds are involved, the effort must be strictly limited to providing objective information to the public. It is also important to note that public employees are specifically prohibited from participating in any sort of political activity while in uniform.

Officials desiring to participate in activities concerning ballot measures may do so in their individual, as opposed to official, capacity. Moreover, they may expend their own personal funds on a measure. They may also identify themselves as being affiliated with the agency in any presentation or publication advocating for or against the passage of the measure. However, it should be clear that such presentation or publication is paid for with the official’s personal funds, or some other funding source, and not with public funds.