15-511

15-511. Use of school district or charter
school resources or employees to influence elections; prohibition;
civil penalty; definition

A. A person acting on behalf of a school district or a person who aids another
person acting on behalf of a school district shall not use school district or charter
school personnel, equipment, materials, buildings or other resources for the purpose of
influencing the outcomes of elections. Notwithstanding this section, a school district
may distribute informational reports on a proposed budget override election as provided
in section 15-481, subsections B and C or informational reports on a proposed bond
election as provided in section 15-491, subsection D. Nothing in this section precludes a
school district from reporting on official actions of the governing board.

B. An employee of a school district or charter school who is acting as an agent of
or working in an official capacity for the school district or charter school may not give
pupils written materials to influence the outcome of an election or to advocate support
for or opposition to pending or proposed legislation.

C. Employees of a school district or charter school may not use the authority of
their positions to influence the vote or political activities of any subordinate
employee.

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, 2004, the attorney general shall publish and distribute to school
districts and charter schools 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 initiate a suit in the superior court in the
county in which the school district or charter school is located for the purpose of
complying with this section.

G. For each violation of this section, the court may impose a civil penalty not to
exceed five hundred dollars plus any amount of misused funds subtracted from the school
district budget against a person who knowingly violates or a person who knowingly 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. School district 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 school district or charter school whose funds were misused.

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

I. 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.

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