General Rule - Information, Not Advocacy

Public agencies may not spend money to support or oppose ballot measures placed before the electorate. It is permissible, however, for public agencies to take a position on a ballot measure and educate the public on the measure, its impacts and the agency's position.

Information provided by a public agency must be accurate and balanced and represent supporting as well as opposing views.

Permissible Activities

It is generally accepted that public agencies may take the following steps regarding a ballot measure:

• Incur expenses to analyze a measure and its impacts.
• Adopt a formal position in support of or in opposition to a measure.
• Notify the public, media and others of the agency's position through news releases, bulletins or other vehicles that are informational and balanced but do not advocate a yes or no vote.
• Prepare and distribute factual, balanced information on a ballot measure to the public and other organizations. Material distributed should represent both pro and con viewpoints in a fair manner.
• Respond to inquiries from the media, the public or other organizations on the impact of a measure.
• Participate in forums or debates on a measure if all views are represented.
• Sponsor forums or debates on a measure if all views are represented. If only one side is able to attend, agencies should be prepared to document that the other side was invited.
• Agency staff and elected officials may meet with newspaper editors and other groups to objectively explain a measure's impact on the agency.
• Elected officials may participate in forums or debates and advocate a position if it is made clear that they are acting in a personal capacity and not at a public agency's expense.

Prohibited Activities

Under state law, public agencies may not:

• Spend money to clearly advocate a yes or no vote on a ballot measure.
• Contribute to campaigns supporting or opposing a measure.
• Expend funds for printing, office supplies or staff time in support of or opposition to a ballot measure.

Additional Guidelines

• Timing. To avoid the appearance of advocacy, public agencies should be sensitive to the timing of mailings or other activities. Any items mailed in the last two weeks before an election may raise a red flag.
• Intent. Agencies should be careful to avoid the impression that materials are being sent to the public to advocate a yes or no vote. Any information piece, when taken as a whole, must not appear to be an advocacy or "campaign" piece.
• Full disclosure. Public agencies should ensure that any materials produced provide a factual and complete representation of the ballot measure and its impacts.
• Choosing a vehicle. While it is permissible to produce special publications or materials, public agencies may wish to use existing newsletters or other communications vehicles to educate the public about a ballot measure.
• Disclaimers. In addition to complying with all of the above guidelines, public agencies may wish to include a disclaimer on any printed materials. The disclaimer may state that the material is being provided for information purposes only and is not meant to advocate a yes or no vote.

Consult Legal Counsel

Public agencies should consult their legal counsel for guidance on any activities relating to ballot measures, particularly printed materials distributed to the public.