Tony

Tony

Friday, August 29, 2014

OK to contribute to campaign

"When in doubt, do not guess, do the research, get the word from the experts on the subject, then move forward or / or share the information, once confirmed."

The other day, I was asked by a public employee if it was OK for them to contribute to my campaign fund or support me in other ways.

I requested a legal opinion and this was the response:


It would be legally appropriate for you to accept and use campaign contribution from a public employee, assuming that the contribution was not offered and/or made using district facilities or during the employee's working hours. RCW 41.06.250(2), guarantees employees of political subdivisions of the state the right to vote and to express their opinions on all political subjects and candidates:

Employees of the state or any political subdivision thereof shall have the right to vote and to express their opinions on all political subjects and candidates and to hold any political party office or participate in the management of a partisan, political campaign. Nothing in this section shall prohibit an employee of the state or any political subdivision thereof from participating fully in campaigns relating to constitutional amendments, referendums, initiatives, and issues of a similar character, and for nonpartisan offices.

Also, a regulation adopted by the state Public Disclosure Commission, WAC 390-05-271(1) provides:
RCW 42.17A.555 does not restrict the right of any individual to express his or her own personal views concerning, supporting, or opposing any candidate or ballot proposition, if such expression does not involve a use of the facilities of a public office or agency.

(RCW 42.17A.555 is the statute that prohibits the use of public office or public facilities in support of or in opposition to any candidate or ballot proposition.) The right to express opinions/views regarding candidates includes, in our opinion, the right to make campaign contributions in support of candidates. And, certainly, no statute prohibits such political contributions from public employees.
Bob Meinig
Legal Consultant
MRSC.org |

Hope that answers the question,
Thanks
Tony

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