Ask Matt - February 2011 – Ballot & Campaign Ethics

1. Ask Matt - February 2011 – Ballot & Campaign Ethics Matt Carver, J.D., Director of Legal Services tel - 515.267.1115 fax - 515.267.1066

2. Ballot and Campaign Ethics • Governing body to review and provide opinions on issues of campaign ethics: • Iowa Ethics & Campaign Disclosure Board • 510 E 12th, Suite 1A
Des Moines, IA 50319
(515)281-4028 phone
(515)281-4073 fax • http://www.iowa.gov/ethics/

3. Ballot and Campaign Ethics • 68A.505. Use of public moneys for political purposes • The state and the governing body of a county, city, or other political subdivision of the state shall not expend or permit the expenditure of public moneys for political purposes, including expressly advocating the passage or defeat of a ballot issue. • This section shall not be construed to limit the freedom of speech of officials or employees of the state or of officials or employees of a governing body of a county, city, or other political subdivision of the state. This section also shall not be construed to prohibit the state or a governing body of a political subdivision of the state from expressing an opinion on a ballot issue through the passage of a resolution or proclamation.

4. Ballot and Campaign Ethics • 351IAC 5.3(68A) Definitions. For purposes of this chapter, the following definitions apply: • “Ballot issue”means a question that has been approved to be placed before the voters or is otherwise required by law to be placed before the voters. “Ballot issue” does not include the nomination or election of a candidate. • “Campaign”means the organized effort to expressly advocate the nomination, election, or defeat of a candidate for state or local office in Iowa. “Campaign” also means the organized effort to expressly advocate the passage or defeat of a ballot issue.

5. Ballot and Campaign Ethics • 351—5.3(68A) Definitions. For purposes of this chapter, the following definitions apply: • “Express advocacy”includes a communication that uses any word, term, phrase, or symbol that exhorts an individual to vote for or against a clearly identified candidate or for the passage or defeat of a clearly identified ballot issue. • “Political purpose”means to expressly advocate the nomination, election, or defeat of a candidate or to expressly advocate the passage or defeat of a ballot issue. • “Public resources”means the moneys, time, property, facilities, equipment, and supplies of the executive branch of state government, a county, city, public school, or other political subdivision.

6. Ballot and Campaign Ethics • 351 IAC 5.4(2) Specific prohibitions. . . . • The following specific conduct or actions are deemed to be the prohibited use of public resources for a political purpose: • a. Using public resources to solicit or accept campaign contributions. • b. Using public resources to solicit votes, engage in campaign work, or poll voters on their preferences for candidates or ballot issues. . . .

7. Ballot and Campaign Ethics • 351 IAC 5.4(2) Specific prohibitions. • c. Using a publicly owned motor vehicle to transport political materials, placing campaign signs on a publicly owned motor vehicle, or traveling to campaign-related events in a publicly owned motor vehicle. • d. Using public resources to produce and distribute communications that expressly advocate for or against candidates or that expressly advocate for or against ballot issues. • e. Placing campaign materials on public property including the placement of campaign signs in the public right-of-way.

8. Ballot and Campaign Ethics • 351—5.5(68A) Exceptions from prohibition on use of public resources for a political purpose. • 5.5(1) Expressing opinion by resolution. Iowa Code section 68A.505 permits the state or a governing body of a county, city, public school, or other political subdivision to express an opinion on a ballot issue through the passage of a resolution or proclamation. It is also permissible for a member of a governing body of the state, county, city, public school, or other political subdivision to express the member’s opinion on a ballot issue at a public meeting of the governing body.

9. Ballot and Campaign Ethics • 351—5.5(68A) Exceptions from prohibition on use of public resources for a political purpose. • 5.5(2) Public forum. Any public resource that is open to a member of the general public to use for other purposes may be used for political purposes, including the distribution of political materials on windshields of vehicles that are parked in public parking lots.

10. Ballot and Campaign Ethics • 351—5.5(68A) Exceptions from prohibition on use of public resources for a political purpose. • 5.5(3) Candidate debate. The executive branch of state government, a county, city, public school, or other political subdivision may permit the holding of a candidate debate or forum and the accompanying distribution of campaign materials on governmental property so long as at least two candidates seeking the same office are invited to attend the debate or forum.

11. Ballot and Campaign Ethics • 351—5.5(68A) Exceptions from prohibition on use of public resources for a political purpose. • 5.5(4) Reimbursement to governmental body. A person may reimburse a governmental body for the use of a public resource for a political purpose so long as it can be demonstrated to the board that the use of the resource was also for a public purpose or furthered a public interest. The reimbursement shall be for the actual costs of the public resource or be for the same amount charged to a person using the public resource for any other purpose.

12. Ballot and Campaign Ethics • 351—5.5(68A) Exceptions from prohibition on use of public resources for a political purpose. • 5.5(5) Communications that do not expressly advocate. Public resources MAY BE USED to produce and distribute communications that do not expressly advocate for or against a candidate or that do not expressly advocate for or against a ballot issue. • 5.5(6) Use of job title. As there is no expenditure of taxpayer funds, job titles may be used for political purposes.

13. Ballot and Campaign Ethics • 351—5.5(68A) Exceptions from prohibition on use of public resources for a political purpose. • 5.5(7) Residence. It is not deemed a violation of Iowa Code section 68A.505 for a public official or public employee to use for political purposes the portion of public property that is designated as the personal residence of the public official or public employee. • (e.g., school employees may put political signs in their yards. This exception even covers those who may live in a house owned by a school district.)

14. Ballot and Campaign Ethics • 351—5.5(68A) Exceptions from prohibition on use of public resources for a political purpose. • 5.5(8) Clothing or paraphernalia. While performing official duties, a public official or public employee may wear clothes or wear political paraphernalia that expressly advocate for or against candidates or that expressly advocate for or against ballot issues. However, the administrative head of a state agency or of a department of a political subdivision may enact an internal policy that would prohibit the wearing of campaign materials on the public property of that agency or subdivision.

15. Ballot and Campaign Ethics • Use of Ballot Issue Logos • Q. Is it permissible for a school district to use the “YES” logo from a previous bond referendum or other ballot issue on construction signage or on the signage permanently attached to a school building? • A. Yes. Presuming that the ballot issue has already passed, and there is not currently another ballot issue before the voters, a district may use the “YES” logo on signage. (IECDB AO 2002-06) For example, the “YES” logo may be on a construction sign, accompanied by a statement to the effect of: “This construction project is being funded with proceeds from the 2011 ABC School District Bond Referendum.”

16. Ballot and Campaign Ethics • Q. May a political candidate send campaign contribution solicitations or other campaign emails from a private email account to school district email addresses? • A. While the Ethics Board discourages this practice, it is permissible for a political candidate to send campaign related emails to school district email addresses. (IECDB AO 2009-10) The reason this practice is discouraged is that IT IS A VIOLATION if the school district employee then forwards that political email from her/his school email account to others. Instead, the employee would be wise to delete the email, so an accidental forwarding of the email does not occur. Forwarding such emails, or school employees using school accounts to send political advocacy emails on his/her own amounts to the use of public funds for political purposes, in violation of Iowa law. If done on personal and not work time, school employees may send political or ballot issue related messages to others from their private email accounts. • (IASB has a policy that does not allow such emails)

17. Ballot and Campaign Ethics • Campaign/Yard Signs • Q. Is it permissible for school employees to place political or ballot issue related yard signs at their residence? • A. While some choose to stay away from this practice, school employees are expressly permitted under Iowa law to place political or ballot issue related yard signs at their residence. This is true even in situations where a school employee may live in a home owned by the school district. (351IAC 5.5(7))

18. Ballot and Campaign Ethics • Campaign/Yard Signs • Q. What are the key restrictions relating to the placement of campaign/yard signs? • A. Pursuant to Iowa Code §68A.406, campaign/yard signs SHALL NOT BE PLACED: • (1) on any public property [except for personal residences], to include public right-of-ways; • (2) within 300 feet of any outside door providing access to a polling place on Election Day; • (3) within 300 feet of any outside door providing access to an absentee voting location or satellite absentee voting location during hours when absentee ballots are available.

19. Ballot and Campaign Ethics • Campaign/Yard Signs • Q. What are the key restrictions relating to the placement of campaign/yard signs? • A. Pursuant to Iowa Code §68A.406, campaign/yard signs SHALL NOT BE PLACED: • (4) A restriction is also placed on the parking of vehicles with signs over 90 square inches in size. • Exceptions to these restrictions include the placement of signs or vehicles with signs on private property, which may be within 300 feet of the voting place, or the allowance of campaign signs in classrooms or school bulletin boards, as long as it is part of the school curriculum and no preference is given to any one candidate (as discussed in greater depth in this column).

20. Ballot and Campaign Ethics • VEHICLES • Q. May school employees be reimbursed for travel expenses during government business, after using a personal vehicle that has political bumper stickers or other political signs attached? • A. Yes. While once prohibited, school employees may now be reimbursed for travel expenses, even if they perform official travel in a personal vehicle with political signs. (IECDB AO 2004-13) Your district, of course, may require use of school district vehicles for official business. School districts are still EXPRESSLY PROHIBITED from “[u]sing a publicly owned motor vehicle to transport political materials, placing campaign signs on a publicly owned motor vehicle, or traveling to campaign-related events in a publicly owned motor vehicle.” (351IAC 5.4(2)(c))

21. Ballot and Campaign Ethics • VEHICLES • Q. May personal vehicles with campaign signs or stickers be parked on public property for longer than 24 consecutive hours? • A. The Ethics Board no longer interprets the “campaign laws as prohibiting personal vehicles with campaign signs from being parked on public property for longer than 24 consecutive hours.” (IECDB AO 2004-13) However, school districts are authorized to have policies preventing individuals from parking personal vehicles on school property overnight or for some other set period of time.

22. Ballot and Campaign Ethics • VEHICLES • Q. May brochures be placed on vehicles in a public parking lot, to advocate for or against a ballot issue or candidate? • A. Placement of the brochures on vehicles located in public parking lots is permitted, as long as public funds are not expended to create or distribute the brochures, to include employees using paid time to perform such a task. (351IAC 5.5(1)) Having stated this, such activity may be limited or prevented by local ordinances or school district policy, provided the policy is equitably applied against individuals and groups and does not favor some viewpoints over others. (IECDB AO 2000-17)

23. Ballot and Campaign Ethics • CLASSROOM • Q. What conditions apply to political candidates speaking to students during class time? • A. While political candidates may visit school and speak to students, they are prohibited from using words of “express advocacy.”“Therefore, candidates would be prohibited from using terms such as ‘vote for,’‘elect,’‘defeat’ or other words that “in context can have no other reasonable meaning than to urge the election or defeat of one or more clearly identified candidates’.”(IECDB AO 2000-23) Rather, candidates are wise to discuss such things as the election process or important political issues. To prevent the perception that a school is favoring one candidate over another, it would be best practice to extend offers for all political candidates in a race to visit a school, if one is intending to visit.

24. Ballot and Campaign Ethics • CLASSROOM • Q. What conditions apply to the posting of campaign literature in school classrooms as part of a curriculum, such as government, elections or campaigning? • A. “[C]ampaign literature for state and local candidates may be posted so long as literature from all major candidates in the election is posted.” (IECDB AO 2000-24) However, school employees must ensure that the literature is posted in such a way so that it does not appear the employee or school district is “expressly advocating” for the election or defeat of a particular candidate. Bottom line, if a neutral, outside party walked in the classroom or other area of the school where the campaign literature is posted, s/he would be unable to recognize favoritism for one candidate over the other(s).

25. Ballot and Campaign Ethics • Other Resources: • IASB also has guides and policies available for their members’ use at http://bit.ly/hJKSlL.

26. Ballot and Campaign Ethics- Questions ???????