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Kansas statutes and Board of Regents/University policies on the use of University equipment, facilities, and resources for partisan political activity


Kansas Statutes

Kansas Statutes annotated, Chapter 25, Elections
Article 41.-Election Campaign Finance, General

25-4169a. Use of public funds, vehicles, machinery, equipment and supplies and time of certain officers and employees to influence nomination or election of candidate prohibited; exceptions; misdemeanor.

  1. No officer or employee of the state of Kansas, any county, any unified school district having 35,000 or more pupils regularly enrolled, any city of the first class or the board of public utilities of the city of Kansas City, Kansas, shall use or authorize the use of public funds or public vehicles, machinery, equipment or supplies of any such governmental agency or the time of any officer or employee of any such governmental agency, for which the officer or employee is compensated by such governmental agency, to expressly advocate the nomination, election or defeat of a clearly identified candidate to state office or local office. The provisions of this section prohibiting the use of time of any officer or employee for such purposes shall not apply to an incumbent officer campaigning for nomination or reelection to a succeeding term to such office or to members of the personal staff of any elected officer.
  2. Any person violating the provisions of this section shall be guilty of a class C misdemeanor.

Kansas Statutes Annotated, Chapter 75-State Departments; Public Officers and Employees
Article 29---Civil Service

75-2953. Use of authority or official influence to complete state officer or employee to apply for or become member of organization, pay or promise to pay assessment or contribution or take part in political activity; penalty for violation; officer or employee in classified service to resign prior to taking oath for state elective office.

  1. No officer, agent, clerk or employee of this state shall directly or indirectly use their authority or official influence to compel any officer or employee in the unclassified and the classified services to apply for membership in or become a member of any organization, or to pay or promise to pay any assessment, subscription or contribution, or to take part in any political activity. Any person who violates any provisions of this section shall be guilty of a class C misdemeanor, and, upon conviction, shall be punished accordingly. If any officer or employee in the classified service is found guilty of violating any provision of this section, such officer or employee shall be automatically separated from the service.
  2. Any officer or employee in the state classified service shall resign from the service prior to taking the oath of office for a state elective office.

Board of Regents Policies

Political Activity (Policies and Procedures Manual, July 1995, pp. 16F, 17F)

  1. Faculty, administrators and other unclassified personnel are eligible to accept any public or political party position which does not involve any conflict of interest and does not require substantial time away from assigned duties or in other respects infringe upon them. Such eligibility covers membership on city commissions, school boards, planning groups, and county, state and national party committees and like organizations, by either appointment or election.
  2. The filing of a declaration of intent to become a candidate shall not affect the status or appointment of an unclassified member of a college or university staff; provided, however, such person at all times while a candidate shall behave properly and fully perform all of his or her assigned duties; provided further, however, that should such person while he or she is a candidate for office fail to perform all of his or her assigned duties, such person shall not receive any salary or benefits from the date of filing for office.
  3. Leave without salary or other benefits will be granted to those elected or appointed to public office requiring full time or lengthy sustained periods away from assigned duties, such as Congress, the State Legislature, and state and county offices or appointments to office falling within this category; effective as to a person elected to Congress or the State Legislature, from the date such person takes office or the first day of the Legislative session and continuing until the adjournment of Congress or to a date no sooner than the last adjournment in April or sine die adjournment, whichever occurs first, of each regular and special session of the State Legislature; effective, as to other state and county offices, during the entire period a person serves as such officer. Leave without salary or other benefits shall not be required for any person serving in the State Legislature, or for service on any committee during a period when the Legislature is not in regular or special session, provided that such person shall decline to accept all legislative compensation for such service, but such person shall be entitled to mileage and other expense allowances as provided by statute and paid by the Legislature.
  4. In the interest of the fullest participation in public affairs, personnel are free to express opinions speaking or writing as an individual in signed advertisements, pamphlets and related material in support of or opposition to parties and causes. There will be the commensurate responsibility of making plain that each person so doing is acting for himself and not in behalf of an institution supported by tax funds drawn from citizens of varying political and economic views.

Use of Campus Facilities (Policies and Procedures Manual, July 1995, p. 5G)

  1. State facilities shall not be made available for fund raising events for candidates or parties.
  2. Facilities of institutions under the Board of Regents may be made available for purposes of holding political meetings, provided there is no interference with regularly scheduled functions, there is not otherwise available a reasonable facility in the community, students are permitted to hear the speakers without charge, and sponsors pay in advance the regular fees for use of the facilities.
  3. Political office holders and candidates shall not be introduced or recognized on campus unless they are participating in the campus event, which they are attending. The distribution of handbills shall be prohibited in those areas devoted primarily to instruction or study or at the immediate sites and times of enclosed public events.
  4. Regents institutions shall have the authority to develop additional policies and guidelines that are not in conflict with this policy. Such policies and guidelines shall be reviewed by the Policy and procedures Committee and filed with the Executive Director of the Board.

University Policies

Campus Mail (Handbook for Faculty and Other Unclassified Staff, 1986, p. 105)

The University maintains a campus mail service intended for official university business. Mail is picked up and delivered to campus offices free of charge on a regular daily schedule. The use of this campus mail service and of its delivery and distribution facilities for personal, business, solicitation, or political purposes is expressly prohibited. Exceptions to this general policy may be granted by the Chancellor or Executive Vice Chancellor when, the exception is deemed to be in the best interests of the University. The campus mail boxes in the various departments and buildings are considered to be under the jurisdiction of the unit in which they are located. Materials may be placed directly by individuals in these campus mail boxes if permission has been obtained from the appropriate person in the unit with jurisdiction over that particular campus mail box.

E-mail:

Incidental personal use of University E-mail may be allowed when such use does not interfere with University operations, does not compromise functioning of the University's network, or interfere with the user's employment or other obligations to the University. Prohibited are commercial use, candidate or party fund-raising, and use by outside organizations not authorized to use University facilities. Authorization for other external uses of E-mail or use by outside organizations requires written approval of the Provost or the Provost's designee, and will be granted only when that use is determined to further the University's mission. (See Provost Office website at http://www.ku.edu/~provost/email.shtml for the full Electronic Mail policy.)

Bulletin boards and posting:

University policy provides that classroom bulletin boards are reserved solely for instructional materials posted by the faculty who use the rooms. No political, promotional, or commercial materials may be posted on them or on other bulletin boards that are clearly marked for use by university units. Information may not be posted on walls, exterior doors, chairs, utility poles, bus stops, newspaper distribution boxes, or other surfaces that are not designated for such purposes. Such materials are subject to immediate removal without notice to the sponsor, and the sponsor may be billed for costs related to removal, clean up, or repair. (See the full policy on Bulletin Boards and Posting at http://www.ku.edu/~provost/revised_bb_policy_final.htm for further information.)

Signs and posting in Student Housing facilities:

Residents may submit signs to the hall front desk to be posted on bulletin boards. Otherwise, no signs, bills, or fliers of any type may be posted. A removal charge may be assessed to residents who violate this policy. (See the Department of Student Housing Handbook, July 2002.)

Soliciting in Student Housing facilities:

No solicitation is allowed in Student Housing facilities. This includes distribution of fliers and door-to-door canvassing without permission from the University Events Committee and the Complex Director. Residents are requested to notify complex/hall staff of unauthorized solicitation. Only the Lawrence Journal-World and the Kansas City Star have the permission of the Department of Student Housing to solicit in designated areas without prior arrangement. (See the Department of Student Housing Handbook, July 2002.)

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