Use of Public Facilities to Support or Oppose Ballot Propositions

Prepared by Municipal Research & Services Center Legal Staff
August 2000

General Prohibition on Use of Public Facilities

State law in RCW 42.17.130 prohibits the use of facilities of a public office to support or oppose a ballot measure or an election campaign for public office. This prohibition is not new, as it was a part of Initiative 276 adopted by the voters in 1972.

It is important for local government officials to be aware of what may and may not be done in regard to supporting or opposing a ballot proposition. These rules apply to all units of local government and their officials and employees, including counties, cities, towns, transit districts, port districts and other special districts.

The general prohibition against use of public facilities is very broad and comprehensive. The term "public facilities" is defined to include use of stationery, postage, equipment, use of employees during working hours, vehicles, office space, publications of the office, or lists of persons served by the local government. This prohibition means that elective or appointive personnel of local governments may not work to support or oppose a ballot proposition during work time or allow public facilities to be used for that purpose.

Exceptions to Prohibition: Allowable Activities

There are three specific exceptions to this broad prohibition. The first two exceptions apply only to elected officials. The first allows a local government legislative body, such as a city or town council or county commission or council, to vote on a motion or resolution to express support or opposition to a ballot proposition if the following procedural steps are first taken: 1) the notice for the meeting must include the title and number of the ballot proposition, and 2) members of the legislative body or members of the public must be allowed an approximately equal opportunity to express an opposing view.

The second exception allows an elected official to make a statement at an open press conference in support or opposition to a ballot proposition or in response to a specific inquiry.

The third exception is somewhat broader and allows activities which are part of the normal and regular conduct of the local government. Under this exception, a local government could prepare an objective and neutral presentation of facts concerning a ballot measure. For example, details could be provided to citizens concerning the financial impact of an initiative on the local government, such as how revenues would be affected by its passage. Care must be taken that this information be presented in a fair, objective manner.

Many local governments also allow use of their meeting room facilities on a nondiscriminatory, equal access basis to the public, usually for a rental fee. If this is the case, then it would be allowable to hold a public forum for citizens with pro and con representatives discussing an initiative in a public meeting hall.

It is important to remember that RCW 42.17.130 does not restrict the right of an individual, whether that person is an elective or appointive public official or a public employee, to express his or her personal views supporting or opposing a ballot proposition so long as that expression does not involve using public facilities. This means that elected officials and appointed staff may campaign on their own time, using their own supplies and equipment, for or against a ballot proposition by preparing brochures, mailings, doorbelling, and other such activities.

Public Disclosure Commission and MRSC Available to Help Interpret Law

The Public Disclosure Commission (PDC) was created in 1972 to help interpret and enforce the laws that were a part of Initiative 276. The PDC consists of five part-time commissioners appointed by the Governor, an executive director, and a small staff. The 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. Also, fact sheets that have been prepared by local governments may be faxed to PDC staff to review prior to public distribution. You may contact the PDC 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.

Also, the Municipal Research & Services Center (MRSC) legal staff is available to respond to questions concerning the prohibition on use of public facilities for ballot measures. The MRSC library also has sample resolutions enacted by legislative bodies of local governments to support or oppose ballot propositions from past elections. MRSC can be contacted at (206) 625-1300, by fax at (206) 625-1220, or by e-mail at mrsc@mrsc.org.