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CHAPTER 6
Illegal Use of Public Resources to Influence an Election
The Legislature has specifically prohibited cities and towns from using public resources “for the purpose of influencing the outcome of elections.”37
- “Public resources” includes the use or expenditure of monies, accounts, credit, facilities, vehicles, postage, telecommunications, computer hardware and software, web pages, personnel, equipment, materials, buildings or any other thing of value of the city or town.38 The Attorney General has opined that “anything of value” can also include an employee’s time during normal work hours.39a 39b
- “Influencing the outcomes of elections” means supporting or opposing a candidate for nomination or election to public office or the recall of a public officer or supporting or opposing a ballot measure, question or proposition, including any bond, budget or override election and supporting or opposing the circulation of a petition for the recall of a public officer or a petition for a ballot measure, question or proposition in any manner that is not impartial or neutral.40
- The prohibition does not include routine city or town communications (messages or advertisements that are germane to the everyday functions of the city or town and that maintain the frequency, scope, and distribution consistent with past practices or are necessary for public safety).41
- The prohibition does not include “informational pamphlets on a proposed bond election as provided in A.R.S. § 35-454 if those informational pamphlets present factual information in a neutral manner.”42
- The prohibition does not include reports of official actions by the governing body.43
- The Attorney General has also concluded that elected officials may use their official titles in letters or political advertisements so long as no public monies are used to fund such communications.44a 44b
- Whether the prohibitions extend to educational or factual materials that do not expressly advocate for or against a measure requires analysis of the specific materials and the circumstances relating to their distribution to determine whether the materials are “for the purpose of influencing the outcome of election.”45
- City and town resources, including facilities and equipment, can be used for government-sponsored forums or debates if the city or town remains impartial, the events are purely informational, and the city. or town provides an equal opportunity to all viewpoints.46
- “Government-sponsored forum or debate”is defined as any event, or part of an event or meeting, in which the city or town is an official sponsor, which is open to the public or to invited members of the public, and whose purpose is to inform the public about an issue or proposition that is before the voters.47 The rental and use of a public facility by a private person or private entity that may lawfully attempt to influence the outcome of an election is permitted if it does not occur at the same time and place as a government-sponsored forum or debate.48
Moreover, employees of a city or town cannot use the authority of their positions to influence the vote or political activities of any subordinate employee.49
It is critical that you discuss these prohibitions with your attorneys. Violations of these prohibitions are prosecuted by the county attorney or the Attorney General, and the court may impose a civil penalty not to exceed $5,000, plus any amount of misused funds subtracted from the city or town budget against a person who knowingly violated or aided another person in violating this law.50 If an employee or official is found in violation of these prohibitions, that employee or official is personally responsible for paying all penalties and misused funds.51 State law also prohibits the use of a municipality’s funds or insurance to pay for these penalties or misused funds.52
Prohibition on Using Private Monies for Elections
Notwithstanding any other law, a city or town cannot receive or expend private monies for preparing, administering, or conducting an election (including registering voters).53
“1487 Complaints”
Any legislator may file a complaint against an official action adopted or taken by the council and require the Attorney General to investigate within 30 days.54a withdrawal. Sample Candidate Statement of Voluntary Withdrawal.
We are pleased to present the League Municipal Election Manual to serve as a resource for municipal clerks. The electronic format allows for quicker updates and reduces the possibility of conflicting print versions.
*The Manual is intended for League members only.
**Nothing in this Manual supersedes any law, the Secretary of State’s Elections Procedure Manual, local requirements, or the agreement with the county for election administration services.
**The Manual does not, and is not intended to, constitute legal advice. As laws change and new court decisions are issued, this Manual may contain errors and outdated information. Neither the League nor the League’s General Counsel provides legal advice or legal interpretations unless specifically requested by your city/town attorney.