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RESEARCH TOOLS › MRSC Index › Elections - Use of public offices, support of ballot measures

MRSC Index A topical index to MRSC's information resources.

Elections: E 3.3200 - Use of public offices, support of ballot measures

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Expand Section Featured Inquiries (7 Results)

  1. May the mayor speak in favor of an annexation ballot measure in a state-of-the-city address?
    No. This would be a violation of the restrictions in RCW 42.17.130 on the use of public office or facilities in election campaigns or in support of or in opposition to ballot measures. Certain actions by elected officials that involve supporting or opposing a ballot measure are allowed by this statute, and one authorized action is a statement by an elected official in support of or in opposition to any ballot proposition at an open press conference or in response to a specific inquiry. However, a state-of-the-city address is not an open press conference and it is not in response to a specific question. Both of these are different from a prepared statement given by an elected city official as part of a planned speech. Nevertheless, if a question arises after his speech about his position on this ballot measure, then he may respond. Also, the mayor could provide some objective, factual information concerning the annexation during the speech.

  2. To what extent, if any, may a city or county, oppose or promote an initiative to the legislature?
    A city's or county's activities with respect to an initiative to the legislature are subject in RCW 42.17.190(4) to limitations identical to those provided in RCW 42.17.130 with respect to ballot propositions and political campaigns. Specifically, the former statute provides as follows:

    No elective official or any employee of his or her office or any person appointed to or employed by any public office or agency may use or authorize the use of any of the facilities of a public office or agency, directly or indirectly, in any effort to support or oppose an initiative to the legislature. "Facilities of a public office or agency" has the same meaning as in RCW 42.17.130 and 42.52.180. The provisions of this subsection shall not apply to the following activities:

    (a) Action taken at an open public meeting by members of an elected legislative body to express a collective decision, or to actually vote upon a motion, proposal, resolution, order, or ordinance, or to support or oppose an initiative to the legislature so long as (i) any required notice of the meeting includes the title and number of the initiative to the legislature, and (ii) members of the legislative body or members of the public are afforded an approximately equal opportunity for the expression of an opposing view;

    (b) A statement by an elected official in support of or in opposition to any initiative to the legislature at an open press conference or in response to a specific inquiry;

    (c) Activities which are part of the normal and regular conduct of the office or agency;

    (d) Activities conducted regarding an initiative to the legislature that would be permitted under RCW 42.17.130 and 42.52.180 if conducted regarding other ballot measures.

    However, because an initiative to the legislation involves a process that is different than a campaign for or against a ballot proposition, at least when the initiative is in the legislature, this prohibition needs to be analyzed separately with respect to an initiative to the legislature. Clearly, before an initiative to the legislature garners sufficient signatures and is certified and presented to the legislature, there is really no difference between the application of the prohibition in RCW 42.17.130 and RCW 42.17.190(4).

    Fortunately, the Public Disclosure Commission (PDC) has addressed the issue of what a public agency may do with respect to an initiative to the legislature when it is going through the legislative process (e.g., may it lobby in the legislature for or against the initiative?). In Declaratory Ruling No. 14, the PDC concludes that that public agencies may engage in lobbying activities authorized by RCW 42.17.190(2) and (3) with respect to initiatives to the legislature. RCW 42.17.190(2) and (3) set out the basic authority and limitations on lobbying of the legislature by public agencies. Since public agencies have specific statutory authority to lobby, as long as the lobbying activities are limited to those allowed by RCW 42.17.190(2) and (3), lobbying in support or opposition to an initiative to the legislature is considered "part of the normal and regular conduct" of a public agency. Thus, such activities fall under the exemption to the prohibition on the use of public office or facilities in RCW 42.17.190(4)(c).

    Although there is no other authority on this issue, the courts will defer to the PDC's interpretation, as it is the agency charged with enforcement of chapter 42.17 RCW.



  3. May local government staff or officials prepare or distribute campaign materials during working hours in support of or in opposition to a statewide initiative?
    No. Clearly this would violate the prohibition in RCW 42.17.130 against use of public office to support or oppose ballot propositions. This prohibition applies to elective and appointive officials and employees of counties, cities, towns, school districts, port districts, transit districts, and other special districts.

  4. May a local government officer or employee write, on his or her own time, a letter to the editor of the local newspaper expressing a position on a statewide initiative?
    Yes, and the officer or employee may also identify in the letter his or her position with the local government. However, there should be no implication in the letter that the writer of the letter is expressing an official position on behalf of the local government concerning the initiative.

  5. May a local government elected official make a statement in support of or in opposition to Initiative 695 at a press conference?
    Yes, this also is allowed as an exception to the general prohibition. This exception only applies to elective officials and not to other staff or employees. The exception is limited to making the statement; it does not allow staff to distribute the statement at public expense.

  6. May a local government allow use of a public meeting room on a nondiscriminatory basis for a public forum to discuss or debate the impacts of a statewide initiative?
    Yes, a local government may do this if it has a policy that routinely allows use of one of their meeting rooms by the public. Use of the meeting room as a forum for a debate would then be a part of the normal and regular conduct of the local government. The meeting room should be made available on the same terms as apply to other groups who use the room. For example, rent should be charged for use of the meeting room if that is the normal policy. Also, both proponents and opponents of the initiative must have access to the meeting room on a nondiscriminatory basis.

  7. Request for information on the process of winning a local ballot measure including campaign costs and whether these must be paid by outside sources.

    Due to state limitations on the use of public facilities and funds to assist or oppose political campaigns, cities are actually fairly limited in what they can do and pay for in this area. Because of these limitations, the types of activities that might normally be characterized as a "campaign" in support of a local ballot measure must be funded and staffed by outside sources and individuals, although city officials and employees are allowed to participate in campaign activities on their own time as private citizens.

    For local public entities, the primary statute on this subject is RCW 42.17.130. The statute reads:

    No elective official nor any employee of his [or her] office nor any person appointed to or employed by any public office or agency may use or authorize the use of any of the facilities of a public office or agency, directly or indirectly, for the purpose of assisting a campaign for election of any person to any office or for the promotion of or opposition to any ballot proposition. Facilities of a public office or agency include, but are not limited to, use of stationery, postage, machines, and equipment, use of employees of the office or agency during working hours, vehicles, office space, publications of the office or agency, and clientele lists of persons served by the office or agency. However, this does not apply to the following activities:

    (1) Action taken at an open public meeting by members of an elected legislative body or by an elected board, council, or commission of a special purpose district including, but not limited to, fire districts, public hospital districts, library districts, park districts, port districts, public utility districts, school districts, sewer districts, and water districts, to express a collective decision, or to actually vote upon a motion, proposal, resolution, order, or ordinance, or to support or oppose a ballot proposition so long as (a) any required notice of the meeting includes the title and number of the ballot proposition, and (b) members of the legislative body, members of the board, council, or commission of the special purpose district, or members of the public are afforded an approximately equal opportunity for the expression of an opposing view;

    (2) A statement by an elected official in support of or in opposition to any ballot proposition at an open press conference or in response to a specific inquiry;

    (3) Activities which are part of the normal and regular conduct of the office or agency.

    WAC 390-05-271 provides further clarification. Any employee can express his or her personal views on a ballot proposition as long as it does not involve the use of public facilities. So, for example, speaking for a bond issue as a citizen outside working hours is permissible. A fair, balanced, and factual presentation of the issues to inform the citizens about the bond issue, can be done using city facilities and staff if such action is part of the normal and regular conduct of the office. So, for example, a city may prepare and distribute a neutral fact sheet concerning the impacts of a given ballot measure.

    For more information on this subject, see the following resources:

    Campaign Cost Data

    With respect to campaign cost data, the best and perhaps only source of information can be found on the Public Disclosure Commission's Web site. Their "Database" page contains information on political committee contributions and expenditures including political committees formed to campaign for local ballot measures. Note that political committees in towns or districts that had fewer than 1,000 registered voters as of the last general election are usually exempt from reporting if their sole purpose is to support or oppose a local ballot measure (WAC 390-05-300). So, there is usually no data for committees in these smaller jurisdictions. For 2002 contribution and expenditure data from local political committees see:

    The expenditure data for each local committee includes detailed descriptions of expenditure amounts and the purpose of the expenditure, so, for example, it is possible to get a sense of the total dollar amounts spent by selected campaigns for such items as postage/mailing permits, printing and/or surveys and polls.

    It is even possible to search the entire database by expenditure type, so, for example, you could produce a table listing survey and polling expenditures (by typing "survey" in the "Partial Expenditure Description" field) by all political committees. The resulting table also lists the vendors that provided the particular service.

    Web Resources

    The following resources are available on the Web:



    Expand Section Subject Pages (1 Results)

    1. Statutory Limits On The Use of Public Funds/Facilities To Assist or Oppose Campaigns, Particularly Campaigns Involving Ballot Measures or Initiatives
      Statutory Limits on The Use of Public Funds/Facilities To Assist or Oppose Campaigns, Particularly Campaigns Involving Ballot Measures or Initiatives