Page 18 - The Edge - Summer 2020

WINTER CONFERENCE

BY DON HARRIS
Randie Stein Paul Gales Laura Felten
Experts Explain Do’s and Don’ts of

Bond and Override Elections

Proposing and promoting passage of bond and override reasonable minds could differ as to whether it encourages
elections are fraught with state and federal rules that must a vote for or against or encourages the reader to take some
be followed, AASBO members were told at the Winter other kind of action. The bottom line is you are not allowed
Conference earlier this year. to influence voters, either for or against. The district and its
representatives can provide factual, neutral information.”
The breakout session was conducted by Randie Stein,
Managing Director, Stifel; Paul Gales, an attorney with They are elected officials.
Greenberg Traurig, and Laura Felten, Assistant Superintendent
of Business Operations, Paradise Valley Unified School “You can’t use district resources to
District.
influence the outcome of an election."

Even before getting into the nitty-gritty of those rules and
regulations, Gales emphasized that once an election is called, If school representatives provide information at a meeting
school staff and officials cannot use school resources to from the voter information pamphlet, which includes pros and
attempt to influence the outcome of an election. Compliance cons, Gales recommended stating a disclaimer that you are
is key. speaking as an individual voter and not as a representative of
the school district. “It gives you some cover,” he said.
Stein expanded on that hard and fast rule: “You can’t use
district resources to influence the outcome of an election. In preparing the voter information pamphlet for bond and
Resources are very broadly defined – basically anything of override elections, it must include tax rate information and a
value. Influence means an attempt to persuade persons to vote Spanish translation.
for or against a ballot measure. The statutory prohibition is
effective after an election is called, through Election Day.” If you think you’re getting close to crossing the line regarding
non-allowed advocacy, Stein recommended talking to legal
The test is whether the communication, taken as a whole, counsel or a banker. “I heavily recommend that if you’re
unambiguously urges a person to vote in a particular manner, having a bond or override election, you should have election
Stein said. Usually, the district advocates a yes vote. counsel involved,” Stein advised.

“For the communication to be a problem, it must clearly The chances of going too far are very small, but if you do,
and unmistakably present a plea for action, and identify the that creates a really big problem, she said, adding: “Use
advocated action,” Stein said. “It is not express advocacy if professionals. There are several good firms. The outcome can
be really bad if the issue comes up after the election.”
Gales took issue with the unlikelihood of erring. He noted there
are a lot of boxes to check and translations to be reviewed.
“It’s good to have multiple sources involved,” he said.
He pointed out that the Legislature often makes changes
to school election rules and regulations. “There’s always
something new,” he said.
He again emphasized that once an election is called, school
employees can no longer be advocates.

Looking at a typical calendar, June 6 is the deadline for calling
a bond or override election for November and submitting
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18 THE EDGE SUMMER 2020