Would Restrict Political Speech & Association Rights of Public Employees and Non-Profit Organizations
Ballot Measure 64 is sponsored by Bill Sizemore. Measure 64 would mandate that no “public resources” be used to collect or to help collect money used for “political purposes.” This is the fourth time in 10 years that Sizemore has put this or similar measures on the ballot, and voters have rejected his three earlier attempts.
Measure 64 may violate the Oregon Constitution’s guarantee of free expression, but we want this to be settled at the ballot box rather than in court. The measure would bar the use of public resources for political speech. The definition of “public resources” is very broad and would include the use of “public buildings.”
Many public buildings are rented after hours for various uses. Most school auditoriums, for example, are available to any group for after-hour/weekend rentals, such as churches, non-profit and for-profit organizations, political candidates and ballot measure activists. When these public buildings are available for rent, they become a limited public forum and we believe their use cannot be restricted based on the content of the speech of the group using the space. Measure 64 would bar candidates and ballot measure-related events in those buildings while still allowing every other type of group to meet. That raises significant concerns under the Oregon and U.S. constitutions.
In addition, Measure 64 would eliminate the ability of public employees to make decisions about their own payroll deductions. Currently, any public employee may opt-out of the portion of union dues and contributions that are used in election campaigns. Under Measure 64, unions representing public employees would no longer be able to receive payroll deductions for union activities that are included in the overbroad definition of “political purposes” in the measure. In addition, payroll deductions made to non-profit organizations, such as United Way, also would be restricted under Measure 64. Many non-profits speak out on ballot measures and legislative proposals that relate directly to their missions. Measure 64 would require those organizations to adopt complicated bookkeeping and segregation of funds procedures or face being banned altogether from participating in payroll deduction plans with public employees. Even unintended violations of Measure 64 would result in high fines and a future ban on the use of any public facilities or payroll deduction programs.
ACLU always opposes attempts to limit the voluntary and lawful political and charitable activities public employees and non-profit organizations.
Recommendation: The ACLU of Oregon Opposes Ballot Measure 64.
