15-1408

15-1408. Use of community college district
resources or employees to influence elections; prohibition; civil
penalty; definition

A. A person acting on behalf of a community college district or a person who aids
another person acting on behalf of a community college district shall not use community
college district personnel, equipment, materials, buildings or other resources for the
purpose of influencing the outcomes of elections. Notwithstanding this section, a
community college district may distribute informational pamphlets on a proposed bond
election as provided in section 35-454. Nothing in this section precludes a community
college district from reporting on official actions of the governing board.

B. Employees of a community college district may not use the authority of their
positions to influence the vote or political activities of any subordinate employee.

C. This section does not prohibit community college districts from permitting
student political organizations of political parties, including those that are recognized
pursuant to sections 16-801, 16-802 and 16-803, to conduct lawful meetings in community
college buildings or on community college grounds, except as prescribed in subsection A
of this section. Each student political organization that is allowed to conduct lawful
meetings on community college property shall have equal access as any other student
political organization that is allowed to conduct lawful meetings on community college
property.

D. Nothing contained in this section shall be construed as denying the civil and
political liberties of any person as guaranteed by the United States and Arizona
Constitutions.

E. By January 1, 2006, the attorney general shall publish and distribute to
community colleges a detailed guideline regarding activities prohibited under this
section. The attorney general may distribute these guidelines through a web site or
electronically.

F. The attorney general or the county attorney for the county in which an alleged
violation of this section occurred may serve on the person an order requiring compliance
with this section and may assess a civil penalty of not more than five hundred dollars
per violation, plus any amount of misused funds subtracted from the community college
district budget against a person who violates or a person who aids another person in
violating this section. The person determined to be out of compliance with this section
shall be responsible for the payment of all penalties and misused funds. Community
college funds or insurance payments shall not be used to pay these penalties or misused
funds. All misused funds collected pursuant to this section shall be returned to the
community college district whose funds were misused.

G. An attorney acting on behalf of a community college district may request a legal
opinion of the county attorney or attorney general as to whether a proposed use of
community college resources would violate this section.

H. All penalties collected by the court for a suit initiated in superior court by
the attorney general shall be paid to the office of the attorney general for the use and
reimbursement of costs of prosecution pursuant to this section. All penalties collected
by the court for a suit initiated in superior court by a county attorney shall be paid to
the county treasurer of the county in which the court is held for the use and
reimbursement of costs of prosecution pursuant to this section.

I. For the purposes of this section, "misused funds" means community college
district monies or resources used pursuant to subsection A of this section.