15-1633

15-1633. Use of university resources or
employees to influence elections; prohibition; civil penalty;
definition

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

B. Employees of a university 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 universities 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 university buildings or
on university grounds, except as prescribed in subsection A of this section. Each student
political organization that is allowed to conduct lawful meetings on university property
shall have equal access as any other student political organization that is allowed to
conduct lawful meetings on university 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 the
Arizona board of regents 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 university 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. University 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 university whose funds
were misused.

G. An attorney acting on behalf of a university may request a legal opinion of the
attorney general as to whether a proposed use of university 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 university monies or
resources used pursuant to subsection A of this section.