The Legally Dubious Campaign Against Kentucky School Choice

Officials seem to violate a state law that bars using tax money to campaign against Amendment 2, a ballot measure.

By Corey DeAngelis and Dean McGee. Excerpts:

"Kentucky law broadly prohibits the use of tax dollars “to advocate, in partial terms, for or against any public question that appears on the ballot.” Officials critical of school choice are doing so anyway.

In August, Pulaski County Schools urged voters to say no to Amendment 2 on its websites, Facebook page, and even a physical sign on school grounds.

"In a meeting with lawmakers Thursday, Christopher Thacker, general counsel for the Office of the Attorney General, clarified that even if a school district’s advocacy against Amendment 2 doesn’t appear to cost money, it would still be illegal “if it creates the appearance that . . . the school as an institution . . . is taking a position, that’s a nominal use of resources, and that’s not permitted.”

Mr. Thacker also rebutted the argument that the law violates government employees’ First Amendment right: “When you’re not on the clock, when you’re not using school resources, when you’re not using an official forum that’s not open to the public, you’re free to say whatever you want.”

Three days after Mr. Coleman warned that electioneering with taxpayer-funded resources is illegal, Democratic Lt. Gov. Jacqueline Coleman’s official Twitter account praised the Pulaski school district for “ringing the alarm about the school voucher amendment” and instructed Kentuckians: “Vote NO on Amendment 2.” If a district’s official Facebook page can’t be used to oppose a ballot measure, surely a lieutenant governor’s official Twitter can’t either.

The Daviess County Public Schools also appears culpable. According to a whistleblower who spoke to us on condition of anonymity, the district held a mandatory staff rally where Superintendent Charles Broughton urged district employees to oppose Amendment 2. The whistleblower said that staff were explicitly told to vote no as part of a call-and-response chant, leading some who support Amendment 2 to walk out in protest."