Memorandum

City of Lawrence

Legal Services Department

TO:	David L. Corliss, City Manager
FROM:	Toni Wheeler, Director of Legal Services
CC:	Cynthia Boecker and Diane Stoddard, Assistant City Managers Jonathan Douglass, Assistant to the City Manager Casey Toomay, Budget Manager
Date:	July 25, 2008
RE:	Use Of Public Funds To Promote or Advocate a Position On a Matter Which Is Before the Electorate

In anticipation of the City Commission’s consideration of resolutions calling an election to submit a question or questions authorizing the levying of a city sales tax, this memorandum summarizes the restrictions upon the use of public funds to promote or advocate a position on a matter which is before the electorate.  

Public funds may be used to educate and inform the electorate on a matter or issues to be voted upon.  Promoting or advocating the governing body’s position on a ballot measure with public funds is not permitted however, according to the Kansas Attorney General.[1]  See Op. Kan. Att’y Gen. 125 (1993).  Drawing the distinction between advocating the government’s position and providing educational information to the voters requires a review of several factors, including the style, tenor, and timing of information put forth by the government.  Educational information should not attempt to persuade nor show “favoritism, partisanship, partiality, approval or disapproval…of any issue, worthy as it may be.” Op. Kan. Att’y Gen. 125 (1993) (citing Stern v. Kramarsky, 375 N.Y.S.2d 235 (1975)). 

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[1] While there is a statute, K.S.A. 25-4169a, which prohibits any officer or employee of a city of the first class to use or authorize the use of public funds, equipment or supplies of a city to advocate for the election or defeat of an identified candidate for local office, there is no such statutory prohibition related to advocating the passage or defeat of a ballot question.