Recently Asked Questions (RAQs)

We got a question from an association library planning for a budget referendum that would substantially increase its tax levy. This question is in follow-up to the recent answer, The Low-down on Libraries Lobbying. Guest writer and Ask the Lawyer paralegal Nathan Feist composed this reply.

Please provide a long, detailed, and deeply footnoted resource on the difference between lobbying, political activity, and telling people how to vote on a ballot measure such as a library budget proposition.

I’m part of a professional library association that is a 501(c)(3), like the American Library Association, Association for College and Research Libraries, and the Society for American Archivists. Occasionally, the group issues statements in solidarity with various groups, for instance, in protest of police violence against Black people and against Anti-Asian violence. Most recently, the organization identified the hostility of the current political climate against diversity, inclusion, equity, and accessibility (values the organization holds as part of its mission) as a national threat. Are there legal or ethical boundaries for issuing such statements that we should be aware of? Would a statement by the president of the organization, not necessarily reflecting the views of the board/organization, for example, be safer for the organization and/or the president? If we speak out in favor of one group, do we have to do so for every group? There have been no statements in solidarity with women or the gender-queer community, for example, in spite of the violence and bias such individuals face.

We are a free association library. More than 90% of our funding comes from a tax levy voted on by local residents when they vote on our local school district budget.

We are considering strategies for reminding library patrons to go out and vote. We do not have a friends group.

We know that the library cannot say “vote yes.” But we are unsure of where the line is.

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

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!”

Thanks for clarifying!

Politics are impacting libraries more than ever, and our library organization is considering hiring a lobbyist to represent our interests in Albany.  We know that as a non-profit we can't engage in "political activity", but can we hire a lobbyist?  And if we can, what do we need to be thinking about, legally?