Elections - Reminders and Cautions

By Pam James, Legal Consultant Municipal Research & Services Center

The election season is a good time to review the do's and don'ts of using public facilities and staff time for certain political purposes. The rules set out in RCW 42.17.130 prohibit the use of public facilities (stationery, postage, equipment, vehicles, office space, publications, etc.) to support or oppose ballot measures and political campaigns. They also prohibit elected government officials or employees from using their work time to engage in political activities. These rules apply to all units of local government and their officials and employees, including counties, cities, towns, port districts, and other special districts.

There are limited exceptions to these general prohibitions. If the proper procedural steps are followed, (1) a local government legislative body may vote on a motion or resolution to express support or opposition to a ballot proposition; (2) an elected official may make a statement at an open press conference in support or opposition to a ballot proposition or in response to a specific inquiry; and (3) a local government can prepare an objective and neutral presentation of facts concerning a ballot measure.

The Rules

Elected officials may not:

• Use or authorize the use of public facilities, either directly or indirectly, to support or oppose a candidate for public office or a ballot measure. A municipality may make meeting rooms or facilities available on a nondiscriminatory, equal access basis for political uses.

Elected officials may:

• Express a collective decision supporting or opposing a ballot proposition. Requires special notice for the meeting: must include title and number of ballot proposition. Opposition comments must be allowed.
• Make a statement at an open press conference or in response to a specific inquiry.
• Engage in activities that are part of "normal and regular conduct" of elected officials. Municipalities may make an "objective and fair presentation of facts relevant to a ballot proposition," such as providing details about the financial impact of an initiative on the local government, or how revenues will be impacted by passage.

Public employees may not:

• Work on an election campaign during office hours.
• Use any municipal facilities, equipment, or supplies for political purposes.

Public employees may:

• Provide neutral information about the impact of ballot propositions on municipal activities. See WAC 390-05-271.
• Research the potential impact of ballot issues to respond to citizen inquiries or to determine how the proposition will affect the municipality.
• Respond to public records requests.
• While on their own time, work in support or opposition of a ballot measure or express their own personal opinions and support for candidates.

Frequently Asked Questions

MRSC often receives questions regarding what local government officials and employees may and may not do to support or oppose a campaign and/or ballot measure.

May local government staff or elected officials prepare or distribute campaign materials during work hours?

No, this would violate the prohibition against the use of public facilities to support or oppose a ballot measure.

May a local governing body, such as city council or county commission, pass a resolution in support or opposition to a specific initiative at an open public meeting?

Yes, as long as the procedural steps outlined above are followed.

May a local government elected official make a statement in support of or opposition to a specific initiative at a press conference?

An elected official may make a statement, but staff may not distribute the statement at public expense.

May a public employee wear a campaign button at work?

Probably, as long as it is clear that it is the employee's personal choice to wear the campaign button.

What are public facilities?

Office space, stationery, postage, computers, machines, equipment, vehicles, etc.

May a public employee solicit signatures for a ballot proposition?

Yes, but not during office hours or on public property.

May campaign signs be displayed on publicly-owned vehicles?

No, that would be an impermissible use of public equipment/facilities.

May a public official or employee use e-mail to ask for support for a campaign or ballot measure?

Such a use of public computers is clearly prohibited by statute.

Additional Help

The legal staff at MRSC is available to help answer additional questions regarding election and campaign issues. MRSC can be contacted at (206) 625-1300 or by e-mail at mrsc@mrsc.org. The MRSC Web site contains other articles on this topic. See http://www.mrsc.org/subjects/finance/695/pubfac-pwm.aspx and http://www.mrsc.org/subjects/finance/695/qanda-pwm.aspx.

Additionally, the Public Disclosure Commission (PDC) is available through its staff to respond to questions concerning ballot measures and campaign issues and to provide informal opinions. The PDC staff encourages local government officials to contact them with questions in advance of a proposed activity that may involve the use of public facilities in a ballot campaign. Fact sheets that have been prepared by local governments may be faxed to PDC staff to review prior to public distribution. The PDC may be contacted at (360) 753-1111 or by fax at (360) 753-1112. Additional information is available on the Commission Web site at http://web.pdc.wa.gov.