State of California Department of Justice
Rob Bonta
Attorney General
Attorney General
Search for opinions by:
1. Opinion Number (e.g., 12-301);
2. Official Citation (e.g., 95 Ops.Cal.Atty.Gen. 1); or
3. Word or Phrase from the text of the Opinion's Question or Conclusion.
| Opinion | Question | Conclusion |
|---|---|---|
| 89-1202 |
1. Can public funds of a city, county or district be lawfully used to draft an initiative or referendum measure which will be circulated for signatures among the voters with respect to legislation of another city, county or district? 2. Can public funds of a city, county or district be lawfully used to gather signatures for an initiative or referendum measure with respect to legislation of another city, county or district? Is there a distinction in law between a state measure and a local measure regarding gathering signatures? Is there a distinction in law between the use of public funds regarding gathering signatures for a referendum measure versus an initiative measure? 3. Can public funds be used to promote an initiative or referendum measure that has qualified for the ballot? Can a public agency or official use public funds to provide education information to the public about a ballot measure? If so, how is a distinction made between "educational materials" and "campaign literature?" |
1. Public funds of a city, county or district be may lawfully used to draft an initiative or referendum measure which will be circulated for signatures among the voters with respect to legislation of another city, county or district. 2. Public funds of a city, county or district may not be lawfully used to gather signatures for an initiative or referendum measure with respect to legislation of another city, county or district. There is no distinction in law to be drawn between a state measure or a local measure in this respect. Nor is there a distinction in law between the use of public funds regarding gathering signatures for a referendum measure versus an initiative measure. 3. Public funds cannot be used to promote an initiative or referendum measure that has qualified for the ballot, at least in the absence of clear and explicit legislative authorization. A public agency or official can use public funds to provide education information to the public about a ballot measure. No hard and fast rule be set forth to distinguish between "campaign literature" and "education materials" which will govern each case. Circumstances such as the style, tenor or timing of the publication may be determinative. Issued on August 30, 1990 Official Citation: 73 Ops.Cal.Atty.Gen. 255 |