School Board Resolutions Regarding Ballot Issues
Q. May school board directors pass a resolution and/or express an opinion at a board meeting in support of a ballot issue?
A. The answer to both parts of this question is yes. Formerly covered in IECDB AO 2000-‐-‐-‐ 15, administrative rules now expressly permit both of these practices. (351IAC 5.5(1)) As such, the board is authorized to pass a resolution on passage of a proposed bond
referendum, for instance, and board members are welcome to explain why they favor or oppose the referendum at a board meeting. Take note that a “ballot issue” means a question that has been approved to be placed before the voters or is otherwise required by law to be placed before the voters. “Ballot issue” does not include the nomination or election of a candidate. (351IAC 5.3)
Q. May public funds and other resources be used to produce, distribute, and otherwise communicate information regarding an upcoming ballot issue?
A. YES. As long as the school district does not expend funds to expressly advocate for or against a candidate or ballot issue, it may use public resources to produce, distribute, or otherwise communicate information regarding the ballot issue. (351IAC 5.5(5)) For instance, let’s say your district has an upcoming bond referendum regarding the renovation of an elementary school. The school district may use school resources to produce literature explaining what renovations would occur, and/or the expected impact on tax rates. Similarly, the superintendent may go to a local Rotary meeting and elaborate on the renovation project. What the district may not do is produce literature advocating for citizens to vote for or against the ballot issue. Likewise, the
superintendent may not go to the Rotary meeting and encourage members to vote “Yes” or “No”. Having stated this, a volunteer may attend the same Rotary meeting and advocate one way or the other.
School and Classroom Issues
Q. What conditions apply to political candidates speaking to students during class time?
A. While political candidates may visit school and speak to students, they are prohibited from using words of “express advocacy.” “Therefore, candidates would be prohibited from using terms such as ‘vote for,’ ‘elect,’ ‘defeat’ or other words that “in context can have no other reasonable meaning than to urge the election or defeat of one or more clearly identified candidates’.” (IECDB AO 2000-‐-‐-‐23) Rather, candidates are wise to discuss such things as the election process or important political issues. To prevent the perception that a school is favoring one candidate over another, it would be best practice to extend offers for all political candidates in a race to visit a school, if one is intending to visit.
Q. What conditions apply to the posting of campaign literature in school classrooms as part of a curriculum, such as government, elections or campaigning?
A. “Campaign literature for state and local candidates may be posted so long as literature from all major candidates in the election is posted.” (IECDB AO 2000-‐-‐-‐24) However, school employees must ensure that the literature is posted in such a way so that it does not appear the employee or school district is “expressly advocating” for the election or defeat of a particular candidate. Bottom line, if a neutral, outside party walked in the classroom or other area of the school where the campaign literature is posted, s/he would be unable to recognize favoritism for one candidate over the others.
Vehicle Issues (e.g. brochures, bumper stickers, signs)
Q. May brochures be placed on vehicles in a public parking lot, to advocate for or against a ballot issue or candidate?
A. Placement of the brochures on vehicles located in public parking lots is permitted, as long as public funds are not expended to create or distribute the brochures, to include employees using paid time to perform such a task. (351IAC 5.5(1)) Having stated this, such activity may be limited or prevented by local ordinances or school district policy, pro-‐-‐-‐ vided the policy is equitably applied against individuals and groups and does not favor some viewpoints over others. (IECDB AO 2000-‐-‐-‐17)
Q. May school employees be reimbursed for travel expenses during government business, after using a personal vehicle that has political bumper stickers or other political signs attached?
A. Yes. While once prohibited, school employees may now be reimbursed for travel expenses, even if they perform official travel in a personal vehicle with political signs. (IECDB AO 2004-‐-‐-‐13) Your district, of course, may require use of school district vehicles for official business. School districts are still EXPRESSLY PROHIBITED from “using a publicly owned motor vehicle to transport political materials, placing campaign signs on a publicly owned motor vehicle, or traveling to campaign-‐-‐-‐related events in a publicly owned motor vehicle.” (351IAC 5.4(2)(c))
Q. May personal vehicles with campaign signs or stickers be parked on public property for longer than 24 consecutive hours?
A. The Ethics Board no longer interprets the “campaign laws as prohibiting personal vehicles with campaign signs from being parked on public property for longer than 24 consecutive hours.” (IECDB AO 2004-‐-‐-‐13) However, school districts are authorized to have policies preventing individuals from parking personal vehicles on school property overnight or for some other set period of time.
Q. What are the restrictions relating to the parking of vehicles with campaign signs attached on Election Day?
A. Iowa Code section 68A.406B(2)(d) prohibits the parking of a vehicle on Election Day within 300 feet of a polling place when the vehicle has a campaign sign in excess of 90 square inches. Consider that most campaign/yard signs are considerably larger than this and that the restriction applies to school employees, as well as others. You might
consider reminding employees of this ban, as Election Day approaches.
Campaign/Yard Signs
Q. Is it permissible for school employees to place political or ballot issue related yard signs at their residence?
A. While some choose to stay away from this practice, school employees are expressly permitted under Iowa law to place political or ballot issue related yard signs at their residence. This is true even in situations where a school employee may live in a home owned by the school district. (351IAC 5.5(7))
Q. What are the key restrictions relating to the placement of campaign/yard signs?
A. Pursuant to Iowa Code §68A.406, campaign/yard signs SHALL NOT BE PLACED: on any public property, to include public right-‐-‐-‐of-‐-‐-‐ways; within 300 feet of any outside door providing access to a polling place on Election Day; within 300 feet of any outside door providing access to an absentee voting location or satellite absentee voting location during hours when absentee ballots are available. As explained above, a restriction is also placed on the parking of vehicles with signs over 90 square inches in size.
Exceptions to these restrictions include the placement of signs or vehicles with signs on private property, which may be within 300 feet of the voting place, or the allowance of campaign signs in classrooms or school bulletin boards, as long as it is part of the school curriculum and no preference is given to any one candidate (as discussed in greater depth in this column).
School Employee Issues
Q. May school employee job titles be displayed on campaign literature or for other political purposes?
A. Yes. For instance, a superintendent may put his/her title on an advertisement in the newspaper, which lists a group of supporters in your community who wish to encourage others to vote “Yes” on a bond referendum. (351IAC 5.5(6))
Q. May school employees wear political buttons or political shirts or other apparel while performing official duties?
A. Maybe. “While performing official duties, a public official or public employee may wear clothes or wear political paraphernalia that expressly advocate for or against candidates or that expressly advocate for or against ballot issues. However, [school officials] may enact an internal policy that would prohibit the wearing of campaign materials on [school district property].” (351IAC 5.5(8)) If your district does allow employees to wear such political buttons or apparel, beware of the proverbial slippery slope. One does not have to stretch the imagination very far to foresee an employee wearing political gear taking the next step and expressly advocating during
conversations with students that they or their parents should vote for a particular candidate.
Candidate Forums & Debates
Q. May a school or school board hold a campaign forum or debate?
A. Yes, “so long as at least two candidates seeking the same office are invited to attend the debate or forum.” (351IAC 5.5(3)) I would be extremely hesitant to hold the forum or debate with fewer than two candidates, unless it is absolutely clear that the
candidates received invitations to attend the forum or debate at the same time and there is no reasonable appearance that the school is favoring one candidate over another.
Q. If a school sponsors a campaign forum, may candidates distribute campaign literature at the event?
A. As long as the event has at least two candidates and is not created to benefit one candidate over another, the candidates are authorized to hand out campaign literature. (IECDB AO 2003-‐-‐-‐06) & (351IAC 5.5(3)) Once again, remember that school district
resources should not be used to produce or copy the literature. For example, if a candidate runs out of literature, s/he may not use the copier in the school’s office to make additional copies of the literature, unless the school district is fully reimbursed for the actual cost of making such copies. To prevent questions regarding adequate
reimbursement and use of public funds, it would be advisable for the candidate to send a campaign staffer or volunteer to a local copy shop to make additional copies.
Q. If political candidates appear at a school board meeting, and your school district’s meetings are broadcast on public access television, would the television broadcasts be giving candidates free campaign airtime in violation of the campaign laws?
A. As long as the invitation to participate at the school board meeting was extended to all candidates for a particular office, the Ethics Board does “not believe the campaign laws would prohibit the live broadcast or any rebroadcasts of the council meeting.” (IECDB AO 2004-‐-‐-‐06)
Use of Ballot Issue Logos
Q. Is it permissible for a school district to use the “YES” logo from a previous bond referendum or other ballot issue on construction signage or on the signage permanently attached to a school building?
A. Yes. Presuming that the ballot issue has already passed, and there is not currently another ballot issue before the voters, a district may use the “YES” logo on signage. (IECDB AO 2002-‐-‐-‐06) For example, the “YES” logo may be on a construction sign,
accompanied by a statement to the effect of: “This construction project is being funded with proceeds from the 2011 ABC School District Bond Referendum.”
Political Emails on School District Computers
Q. May a political candidate send campaign contribution solicitations or other campaign emails from a private email account to school district email addresses?
A. While the Ethics Board discourages this practice; it is permissible for a political
candidate to send campaign related emails to school district email addresses. (IECDB AO 2009-‐-‐-‐10) The reason this practice is discouraged is that IT IS A VIOLATION if the school district employee then forwards that political email from her/his school email account to others. Instead, the employee would be wise to delete the email, so an accidental forwarding of the email does not occur. Forwarding such emails, or school employees using school accounts to send political advocacy emails on his/her own amounts to the use of public funds for political purposes, in violation of Iowa law. If done on personal and not work time, school employees may send political or ballot issue related messages to others from their private email accounts.
I hope this article has covered the most common campaign/political issues that surface in your school. IASB also has guides and policies available for their members’ use at
http://bit.ly/hJKSlL.
