HomeMy WebLinkAboutquickcardRESTRICTIONS ON POLITICAL CAMPAIGNING FOR
PUBLIC EMPLOYEES - ORS 260.432 REMINDERS
"QUICK CARD" (updated 114102)
Generally, ORS 260.432 states that a *public employee may not,
while on the job during working hours, promote or oppose
election petitions, candidates or ballot measures. Additionally, no
person (including elected officials) may require a public
employee (at any time) to do so. *"Public employee" includes public
officials who are not elected, whether they are paid or unpaid (including
appointed boards and commissions).
Note: As used in this "Quick Card":
• We use the phrase "advocate(s) a political position" to mean -
promote or oppose an initiative, referendum or recall petition,
candidate or ballot measure.
• The term "impartial' means equitable, fair, unbiased and
dispassionate. See the Secretary of State's detailed memo on
ORS 260.432 for specific factors to assist in ensuring impartiality
in communications about ballot measures.
PROHIBITED ACTIVITIES. A public employee, while on
the job during working hours:
• May not prepare or distribute written material, post website
information, transmit emails or make a presentation that
advocates a political position;
• May not collect funds, prepare filing forms or correspondence
on behalf of candidates or political committees;
• May not produce or distribute a news release or letter
announcing an elected official's political position;
• May not make outgoing calls to schedule or organize campaign
events or other political activity on behalf of an elected official
or political committee;
• May not grant unequal access to public facilities to candidates
or political committees;
• May not draft, type, format or edit a governing body's
resolution that advocates a political position;
• May not prepare or give recommendations to the governing
body urging which way to vote on such a resolution;
• May not sign such a resolution, except if signature is only
ministerial and clearly included to attest board took the vote;
• May not announce the governing body's position on such a
resolution to the media; and
• May not include the governing body's position or vote on such
a resolution in a jurisdiction's newsletter or other publication.
ALLOWABLE ACTIVITIES. A public employee, while on
the job during working hours:
• May prepare and distribute impartial written material or make
an impartial presentation that discusses election subjects;
• May wear political buttons at any time subject to applicable
employer policies;
(continued on back of card)
ALLOWABLE ACTIVITIES. A public employee, while on
the job during working hours: (continued from front)
• May perform standard job duties, such as taking minutes at a
public meeting, maintaining public records, opening mail,
inserting proposed resolution into board agenda packet;
• May impartially advise employees about possible effects of a
measure, but not threaten them with financial loss to vote a
particular way;
• May address election -related issues while on the job, in a
factual and impartial manner, if such activity is legitimately
within scope of employee's normal duties;
• May, as staff of an elected official, handle incoming calls about
the official's availability for political events;
• May prepare neutral, factual information for a governing body
to use in determining what position to take on an issue
(planning stage of a governing body's proposed issue before
certified as measure to ballot is not subject to ORS 260.432);
• May, in a clerical manner, incorporate amendments into a
finalized version of governing body's resolution on issue;
• May respond to public records request for information, even if
the material advocates a political position; and
• May, at any time, express personal political views.
A public employee, on their own, off duty time, may send
letters to the editor that advocate a political position and may
participate in any other lawful political activity.
It is advised that a salaried public employee keep records when
appropriate in order to verify any such political activity occurs
while off duty.
ELECTED OFFICIALS (includes a person appointed to fill a
vacancy in an elective public office):
• May advocate a political position at any time - they are not
considered a "public employee" for purposes of ORS 260.432;
• May vote with the other elected officials of a governing body
(such as a school board, city council or county commission) to
support or oppose a measure, and publicly discuss such a vote -
but must not use the public employee staff time to assist in this,
except for ministerial functions;
• May perform campaign activity at any time, however must
take caution not to involve any public employee's work time to
do so;
• May not, in the role of a supervisor, request a public employee
- whether the public employee is on or off duty - to perform any
political activity. A request made by a person in a position of
supervisor or superior is viewed as a command for purposes of
this election law; and
• May not have an opinion piece or letter advocating a political
position published in a jurisdiction's newsletter or other
publication produced or distributed by public employees.
For more detailed information about ORS 260.432 and information
about other election laws, contact:
Secretary of State, Elections Division
John Lindback, Director
Rm 141, State Capitol Bldg.
Salem, OR 97310-0722
Phone no. (503) 986-1518 Fax no. (503) 373-7414
Website address: www.sos.state.or.us - go to Elections.