Page 34 - The Edge - Back to School 2018

BY JOHN FLANDERS

Election Law for Arizona Schools

Flanders

e upcoming November election is expected to have a Finally, when a campus is being used as a polling place, signs
signi cant impact on school districts in Arizona. Naturally, may be displayed by the campaigns, as long as they are posted
governing board members and district sta will likely have strong outside of the statutorily prescribed distance limits. e school
beliefs about the outcome of certain local and statewide elections. marquee may also display the election date and may urge people to
Many of them will even participate in campaigns to persuade vote — but may not contain language regarding how to vote.
voters.
While zealous advocacy is embraced in our democratic Governing Board Members and Employees
society, school district personnel must exercise caution so as not Generally speaking, because school personnel are considered a
to violate any of Arizona’s election laws. Arizona Revised Statutes school resource (see above), they are prohibited by the statute from
(ARS) Section 15-511 (referred to as “the statute” below) imposes seeking to in uence election outcomes when acting in their o cial
restrictions on the actions of school personnel and on the use of capacity or during work hours. Beyond this, the statute speci cally
school resources to in uence elections. e state’s Attorney General prohibits employees from using the authority of their positions
has also provided guidelines and opined on the conduct of public to in uence the vote or the political activities of any subordinate
entities as it relates to elections. employee. Providing students with campaign materials is also a

School Resources violation of the law.
Despite these restrictions, the statute does not altogether curb
School resources are de ned by the statute to include monies, campaigning or politicking activities by governing board members
accounts, credit, facilities, vehicles, postage, telecommunications, and district sta . Individual board members (not acting collectively,
computer hardware and so ware, web pages, personnel, equipment, as a board) and district sta may exercise their free speech rights and
materials, buildings, or any other thing of value of the school district. use their o cial title while doing so — even at school-sponsored
e statute prohibits the use of these and other school resources extracurricular activities where the public is invited — as long
to in uence the outcome of elections. ( is includes paying for a they are not acting during work hours, and are not acting in their
membership in any association that attempts to in uence election o cial capacity for the school district. Additionally, on their own
outcomes.) time, they may encourage others to vote a certain way and put up
However, using school resources to distribute informational signs on their property or the property of others (with permission).
reports on a proposed budget override or bond election is ey may also place political or election-related bumper stickers on
permissible, if certain requirements in ARS Sections 15-481 and their private vehicles, even if the car will be driven to school district
15-491 are followed. It is also permissible for personnel to receive property. ey may not, however, wear T-shirts or buttons to school
election materials from non–school district senders in their district in support of a ballot measure or candidate.
mailbox and email accounts, if the district has a policy allowing for
the private use of such communication channels. School personnel Conclusion
may not, however, forward, print, or distribute these emails or With elections coming this fall, school district personnel have
mailings. the right to participate in politics, campaigns, and election activity
School facilities are popular venues for campaign gatherings if they wish. But they must do so within the requirements and
and debates during the election season, and may be used by PTOs prohibitions of the law. e court may impose a civil penalty of up
and other groups for meetings in support of a campaign. But these to $5,000, plus any amount of misused funds, against anyone who
groups must lease the facilities per the district’s facility-use policy knowingly violates or aids another person in violating the statute.
at the rate the district normally charges — even if such groups In most cases (as reviewed above), it is obvious what activities are
typically use the facilities for free. and are not permissible. For any ambiguous situations — which
District facilities may also be used as a forum for debates for should be few — consultation with the school district’s legal counsel
the public, but all sides must have an equal opportunity to appear is recommended.
and present information. If cheerleaders, band members, or
student athletes will perform at such gatherings or debates, they If you have questions regarding the content of this article, or
must do so voluntarily and may not use district-provided uniforms, regarding election law generally, please contact your pre-paid legal
instruments, equipment, or transportation. attorney, or Trust Member Services at (800) 266-4911.

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34 THE EDGE | BACK TO SCHOOL 2018