OFFICE OF LEGISLATIVE RESEARCH
MUNICIPAL REFERENDUMS
2005-R-0423, APRIL 26, 2005
http://www.cga.ct.gov/2005/rpt/2005-R-0423.htm
You
asked a series of questions, which are answered separately below, about the
rules and procedures for advocating a position on a municipal referendum.
As
you know, the Office of Legislative Research is not authorized to issue legal
opinions and this memorandum should not be considered as one. On the other hand,
the State Elections Enforcement Commission (SEEC) responds to fact-specific
questions on the interpretation of the law on this matter. Its website includes
guidelines on the Prohibition on Expenditure of Public Funds Relating to Referenda
(copy attached).
Generally,
“no expenditure of state or municipal funds shall be made to influence any
person to vote for approval or disapproval of any proposal or question” (CGS §
9-369b). A town or regional school board may prepare an explanatory text that
concisely describes the referendum issue and disseminate other neutral printed
material. In addition, a town may authorize, through an ordinance, the
preparation and printing of summaries of arguments for and against a local
question. A committee that represents various viewpoints on a proposal must
develop the arguments. To the extent practicable, the committee must solicit
public comment on the summaries and either the town’s legislative body or
another body designated in the ordinance must approve the summaries. Each
summary must include a disclaimer that it does not represent the official
position of the town.
Do election laws
preclude citizens from touring town property to be repaired that is the subject
of a referendum?
No.
It would be up to the town to make arrangements for any tour.
Are municipal employees
banned from attending meetings or speaking on issues subject to a referendum?
No,
a town or school district employee is not prohibited from expressing his views
on a referendum; however, a municipal official may be. The official can express
his views on a pending referendum at a news conference or interview or to
respond to a constituent’s request for information. But the official cannot use
public funds to respond to the request if he knows that the response will be
disseminated to others in the community.
Can a PTO invite
advocacy groups to speak at its meetings? Must it invite groups that represent
both supporters and opponents of an issue?
A
PTO can sponsor an informational forum or meeting to discuss its position on a
referendum question. It need not invite representatives to present both sides
of the proposal. However, the PTO cannot use school resources such as copiers,
student mailboxes, or mailing lists or labels to disseminate its message.
Use
of a school facility is permitted by outside political committees and
organizations (such as the PTO) for meetings to discuss a referendum as long as
the facilities are accessible to all such committees or groups on a
nondiscriminatory basis.
Do superintendents of
schools and other town management staff generally meet with teachers and other
town employees to advocate for or against a particular project that is the
subject of a referendum?
School
superintendents and town officials are free to express their opinions about a
pending referendum, but must avoid doing so when they are being paid in their
official capacity or using public resources.
In
order to hold a forum on both sides of a question, a town must have first
adopted the ordinance referred to in statute.
Is an advocacy group
prohibited from using a town building if a construction project was planned on
that building?
No,
as long as the group has the proper approvals for using the facility. It is not
clear that we have enough information to adequately address this question, but
equal access to all groups would be required.
Does the ban on using
public resources to influence the vote on a referendum extend to incidental
expenses like heat or electricity in a building where an advocacy group might
meet?
Technically,
there is no exception for a de minimus expenditure in the law banning the use of
public funds to promote or oppose a pending referendum. However, Attorney Joan
Andrews at the SEEC notes that the commission would typically have to find a
discrete expenditure in order to find a violation, which would not likely
include a portion of spending for heat or electricity.
The
issue of impartial access to facilities described above would also apply to
this circumstance.
MJ:
ts