Marketing Library Budget Vote

To answer this question, we need to leave the hard, unyielding pavement of a clear prohibition (We know that the library cannot say “vote yes.”) and hang out in the weeds.

Which weeds?

Let’s go with:

• The Bullthistle of the Election Law
• The Dandelions of additional definitions
• The Knotweed of particular circumstances

We’ll start with the Bullthistle.

The Election Law

Under the Election Law, a vote on a library budget is a “ballot proposal”[1] and a group of people organized to express an up-or-down opinion on that vote are a “committee.”[2]

A committee that plans to spend under $100 can file form CF-5,[3] and then advocate for the ballot proposition.

But remember, we are walking in bullthistle! Make sure not a penny over $100 is spent.

The Dandelions of additional definitions

With the election law as a backdrop, let’s talk about some definitions.

Association libraries such as the member asking the question are generally a “501(c)(3)” organizations that are barred from “political activity”.

But does this “501(c)(3)” definition and resulting bar from “political activity” mean an association library is barred from promoting a “yes” vote on their budget?

Let’s see what the IRS, in its training video posted here, has to say about that:

Voice 1: As we have seen, a charity may not advocate for or against a candidate for public office.

Voice 2: On the other hand, it may advocate for or against a particular issue as long as that advocacy furthers its mission. Charities may continue to advocate issues during a political campaign, but must not use advocacy as an excuse for, or to double as, political campaign intervention.

Of course, IRS regulations are not the source of the member’s question (I just wanted to get that issue out of the way[4]). The member’s question is: as a largely taxpayer-funded entity, can their association library spend its money on “issue advocacy” in such a way that they might be operating as a committee per the Election Law (as in, expressing an up-or-down opinion on a budget vote)?

This question was addressed in the 1995 case Schulz v. State,[5] which states:

The use of public funds ...to pay for production and distribution of campaign materials for ...a partisan cause in any election falls squarely within the prohibition of N.Y. Const. art. VII, § 8.

Which brings us to the Knotweed.[6]

The Knotweed of particular circumstances

So far, we have reviewed:

• A library of any type may present neutral information and education about a ballot initiative without any restrictions or filing requirements;
• An association library can spend resources on issue advocacy[7] related to its mission;
• That said, if “issue advocacy”, relates to a ballot proposal (like a budget vote) it can turn a corporation or group into a political committee that must report donations and spending;
• Spending any amount of taxpayer dollars on the production or distribution of campaign materials risks being accused of violating the New York State Constitution.

Which means:

1. An association library can remind people to vote on the budget (information & education), no problem.

2. An association library CANNOT use library assets to tell people to “Vote Yes!” on a ballot proposition.

3. A group of people (like some library trustees[8] and their buddies) CAN register as a political committee and tell people to “Vote Yes!” on a ballot proposition.

 Which means we can now step out of the weeds and the member’s questions:

Can we create a Facebook event for the Library Budget Vote, reminding people to vote?

YES, if the Facebook event is truly “information only” (and comments are restricted to not transform it into something else).

In emails, social posts, or other marketing materials reminding people to vote on the library budget, can we use language like: “Your vote matters!” “Library supporters- your vote is critical!”

Ouch. I have to say “no.” To be safe in the tax, legal and public relations arenas, only neutral information and outreach should be generated and distributed using library resources.[9]

BUT, as stated, there is a third option: a political committee that registers, accepts donations,[10] and engages in advocacy specifically for purposes of the budget vote (which doesn’t need to be organized as a “Friends”). 

A great resource on forming such a committee is here. If possible, a local who knows the ins and outs of political committee work would be good for the group to consult with.

While such a committee does take some small initial effort to form and register—and it does have to limit, track and report donations—it can not only engage in advocacy but can create a solid infrastructure for future advocacy going forward.

Thanks for a great question, and sorry if going into the weeds gave you allergies!