Ballot Measure Preparation and Political Advocacy Restrictions

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By Armand Resto-Spotts

ORS 260.432 provides that public employees may not use their work time, public resources, or public supplies to support or oppose measures, candidates, political committees, or petitions (i.e., “political advocacy”).  Let’s go over the specifics of these restrictions, and to whom and when they apply.

When does ORS 260.432 apply?

With respect to a ballot measure, ORS 260.432’s restrictions apply as soon as the measure is referred to the ballot by the governing body (i.e., City Council approves resolution to refer ballot measure), through 8:00 p.m. on the date of the election on which the measure is being voted on.  A county, city or district measure is certified to the ballot when the elections official files the referral with the county election office, not when the resolution is adopted.

Who must comply with ORS 260.432?

ORS 260.432’s limitations apply to all non-elected public employees. Public employees may not engage in political activity, as defined in ORS 260.432, during working hours or while acting in their official capacity.

“Working hours” or “official capacity” is defined depending on the type of employee. For hourly employees, work time includes any time they are on the job during working hours, which may include any time they are compensated for (e.g., overtime, travel, conferences).

Volunteers, other than members of appointed boards or commissions, who receive no compensation are not considered public employees and therefore are not subject to the provisions of ORS 260.432(2).

Salaried employees should consider themselves acting in “official capacity” at all times of day and location, unless otherwise reasonably understood (e.g., weekend, vacation) within their job description and the intended audience. For example, during public appearances, the salaried employee should announce to an audience that they are appearing in their capacity as a citizen, and not representing the City, prior to advocating for the ballot measure. We recommend keeping a log of on- and off-duty time, along with any time you are engaging in political advocacy off-duty, for reference and record purposes.

The Secretary of State’s Manual (Restriction on Political Advocacy by Public Employees) considers some activities always undertaken in official capacity regardless of time or location:

  • Drafting material for, or approving material, to be posted on an official website;
  • Drafting or distributing an official publication from the public agency; and
  • Appearing at an event as a representative of a public agency.

ORS 260.432 also applies to appointed board or commission members when they are acting in their official capacity – that is, at a meeting of the respective board or commission, working on a duty assigned by the board or commission, or appearing at an event in an official capacity. While appointed board or commission members may use their titles to engage in political advocacy (e.g., supporting a measure), they cannot do so while working hours or acting in their official capacity.

In contrast, elected officials are not subject to ORS 260.432, and may engage in political activity during work time. The city or district may publish an elected official’s quote, opinion piece, or speech advocating a political position in the city or district’s newsletter or other publication that is produced or distributed by public employees, so long as public employees do not alter or edit the content in any substantive way.

Examples of Prohibited and Allowed Activity

For some examples, public employees, during work hours or in their official capacity, should not:

  • Prepare or distribute materials, including emails, presentations, or website information that promotes or opposes the ballot measure. This includes materials like a speech, press release, constituent mail advocating a vote, candidate filing forms, voters’ pamphlet filing forms, and contribution and expenditure transactions online.

Note, however, that if these activities are part of the employee’s job, public employees may process and distribute mail addressed to specific employees that contains political advocacy.

  • Post material to official government social media account(s) supporting or opposing the ballot measure.
  • Give a speech or presentation promoting or opposing the measure.
  • Send or forward emails with political advocacy.

In contrast, public employees during work hours may:

  • Perform administrative functions and tasks as part of their regular job duties, including drafting ballot titles and explanatory statement(s).
  • Answer questions from the public and express statements of fact regarding the ballot measure, which include statements that concern the employee’s understanding of the impacts of passage or defeat of the measure. The information presented must be impartial and balanced. This includes posts to social media, which must be fair and impartial, and comments received must be treated equally.
  • Express personal political views, provided that a reasonable person would not believe that the public employee’s opinion represents that of the City.

For example, City Manager presents to staff about the ballot measure and verbalizes: “I hope we all agree that it is important that this measure passes.” This would be potentially violative of ORS 260.432.  However, if a City employee speaks to a co-worker about the ballot measure and expresses their personal opinion on the measure, this is not a violation of ORS 260.432, because the co-worker could not infer that the employee’s view represents that of the City.

  • Attend meetings at which political issues are discussed, so long as the public employee does not engage in prohibited political advocacy.
  • Display or post campaign materials, campaign buttons or signs in employee’s work spaces, as long as the employee otherwise complies with City policies, the materials were not created during work hours, and no public resources were used to create the materials. Importantly, the materials, buttons, or signs may not indicate that the City or its employees are taking an official position on the ballot measure.
  • During personal time, which may include lunch hour, breaks, authorized leave, or days off, public employees may engage in political advocacy. This is strictly voluntary, and no public time or resources may be used.
  • While personal opinions may be expressed in the above scenarios, they should be identified as such (i.e., in my personal opinion …”.

Looking Forward

As you look forward into next year, be wary of the following deadlines:

  • February 27, 2026 – By this date, your board or council must adopt the resolution calling for the election, attaching the ballot title text and explanatory statement text as exhibits, and submit SEL 805 to the respective county.
  • March 19, 2026 – By this date, you must file the SEL Notice of Election form (Form SEL 801, 802, or 803, as appropriate) with the county. The explanatory statement gets attached to the appropriate Notice of Election form when filed with the county.

If you have any questions about restrictions on political advocacy, do not hesitate to contact our office.