Attorney General
Kris Mayes
Date Posted
Opinion Number
R21-013
Regarding
Re: Does the term “use his office” refer only to the use of official government power using public resources to affect an election?
R21-013.pdf705.04 KB
Re: First, does the term “use his office” refer only to the use of official government power using public resources to affect an election? Given that public officials and employees have certain free speech rights, does the phrase prohibit the Director or the Department employees from expressing an opinion or taking action to support or defeat the proposed ballot measure when such actions do not involve the use of public resources or the exercise of governmental power?
Second, if A.R.S. § 17-213 prohibits activities that occur on personal time and do not involve the exercise of governmental power or use of public resources, does this create a conflict with activities permitted under A.R.S. § 41-752?