FAQ: Election and Recall Petition Advocacy

FREQUENTLY ASKED QUESTIONS: ELECTION AND RECALL PETITION ADVOCACY
NOVEMBER 2011 

The key to appropriate conduct during political events involves knowing the difference between advocacy and information. Generally, advocacy must be pursued on an employee’s own time without the use of College resources. Providing information about political events is a part of the educational process and is an appropriate activity at a college.

What do you mean by ‘advocacy’?
Advocacy is actively persuading or influencing a vote. In the context of an election or a recall effort, advocacy is any action performed for the purpose of influencing a particular vote or obtaining a signature including but not limited to making communication which encourages voters to vote in favor of (or oppose) or otherwise support (or oppose) a candidate or sign (or refuse to sign) a recall petition.

What is the difference between advocacy and information?
Informational activities are permissible, but advocacy activities are not, therefore it is important to understand where the line between the two exists. Informational activities include things such as providing information about the process of the election or recall, history of similar events, or other educational purposes. Advocacy involves a departure from this sort of factual information, to actively persuading voters (or potential petition signers) and influencing votes. At a minimum, to remain informational in nature, activities and communications must be free of words of advocacy (such as "vote for," "vote against," "support," or "oppose"). Further, to be informational in nature, communications must be correct and must be free of hyperbole, puffery or other aggrandizements which are not consistent with the public educational nature of informational statements.

In what activities am I allowed to participate if I’m working with an information/education group?
You are allowed to give presentations and conduct informational meetings to present research and other factual information about the elections or recall process. You are allowed to use District/College resources for information and education purposes ONLY. You are allowed to use official District/College communication channels to provide information and education ONLY.

Are there different guidelines for faculty members who may not have a regular, daily schedule?
Faculty members are allowed to work on advocacy/referendum group issues when not in the classroom or inside college buildings.

What am I allowed to do if I’m part of an established formal or informal advocacy group?
So long as you are not acting in your capacity as an employee of the District/College, and so long as you are not using any District/College resources (including employee paid time), you are free to engage in any lawful activities, including activities undertaken in connection with an advocacy group. For example, in your personal capacity and on your own time, you may participate in fundraising activities, door-to-door canvassing, distribution of advocacy materials, and the like. The College's responsibility is to make sure its resources (including its employees on paid time) are not used for advocacy.

What are advocacy materials?
Advocacy materials are any materials that contain express advocacy. These may take many forms, but frequently include things such as flyers, postcards, brochures, buttons, billboards, car signs, yard signs or other promotional material such as television, radio, social media sites and advocacy blogs that promote a position. 

What are district/college resources?
College resources include anything established, owned or paid for by the College. College resources include things such as computers, paper, copiers, supplies, data lists, emails, phones, personnel hours, owned or rented facilities or informational materials.

Can advocacy work be done on district facilities or campus grounds?
No.

Can informational meetings be held in district facilities or on campus grounds?
Yes. Any individual or organization seeking to secure the use of College facilities can make arrangements through Campus Scheduling and Event Services.

What counts as district facilities or campus grounds?
Athletic fields, playgrounds, college campuses, college buildings, parking lots or any place that is owned or leased by the College. Public sidewalks are not owned or leased by the College.

If you have any questions as to what may be appropriate, please feel free to contact me.

Thank you for your cooperation.

Terry Webb
Provost