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Fair Campaign Practices Act Do's and Don'ts

This page provides a quick snapshot of do's and don'ts regarding the Fair Campaign Practices Act (FCPA) for school boards, individual board members, superintendents, and school district employees. Visit CASB's Elections webpage for additional resources or refer to CASB's Fair Campaign Practices Act Overview for more in-depth information on the FCPA.

For the Board

DO's

✅ Pass a resolution advocating for or against a particular issue on the ballot

✅ Publicize the passage of that resolution through the normal channels the board uses to pass on information about its decisions

✅ Distribute a factual summary on any issue that will appear on the ballot (the summary must include arguments for and against the proposals, and may not state a conclusion or opinion either way)

✅ To distribute the factual summary using public funds, adopt a resolution expressing that the issue is of “official concern” and specifically authorizing expenditure of public funds to dispense the summary

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DON'TS

Spend any public money to contribute to any cause, ballot, or candidate campaign

Send out mailings or newsletters on behalf of the Board, urging electors to vote a particular way on a ballot issue

Send out a factual summary that only gives a positive spin or a negative spin on a ballot issue (even if it doesn’t specifically encourage a particular vote)

For School District Employees

DO'S

✅ Spend personal money or time advocating for or against ballot issues

✅ Respond to unsolicited questions from the public about state and local ballot issues

✅ Allow campaign literature from campaign committees to be distributed at back-to-school nights or similar community forums, so long as Board policy is followed and applied even-handedly

✅ Allow the campaign committees to use district facilities for campaign meetings or activities, so long as Board policy is followed  and applied even-handedly.

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DON'TS 

⛔️ Work on a campaign during working hours or when you are acting in your capacity as a school district employee

⛔️ Use school district facilities, equipment, or supplies for or on behalf of any candidate or ballot issue campaign. 

⛔️ Use school district mail, delivery service, email, or equipment to develop or disseminate campaign materials relative to specific candidates or ballot issue campaigns. 

For Board Members or Superintendents

DO'S

✅ Express your personal opinion on any matter before the electorate, such as sending a letter to the editor

✅ Spend personal money or time advocating for or against ballot issues

✅ Spend up to $50 of public money in the form of letters, telephone calls, or other activities incidental to making yourself available to the press or public for the purpose of responding to questions about the ballot issue or expressing an opinion on the subject.
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DON’TS

⛔️ Spend more than $50 of public money in the form of letters, telephone calls, or other acitivities incidental to responding to questions or expressing an opinion on a ballot issue
⛔️ Make a direct contribution of public funds to a campaign