Yesterday I posted an update to the story about NDSU Professor Paul E. Nelson using taxpayer resources and his position of authority at the university to advocate against state ballot measures 1 and 2. In that update I described a conversation I had with a public affairs who told me that while the use of taxpayer resources to advocate against candidates or parties is explicitly illegal the law doesn’t apply to ballot measures.
And he’s correct. As troubling and ridiculous as it may be, the law doesn’t apply to ballot measures.
But a reader pointed out to me a section of the NDSU policy manual which would seem to apply to this situation. From Section 160:
Regarding any political use of campus facilities and services, the University’s policy is that they may be used only by University employees for purposes related to their official responsibilities, or by off-campus organizations for nonprofit, nonpolitical purposes, providing that the specific use of a campus service is sponsored by a University department or University-related organization as a part of its official function. This policy is specifically applicable to the University Copy Center, the campus mail system, mailing labels produced by the University Computer Center, or employee lists maintained by any other University office.
What Nelson did may not be strictly illegal, but it was certainly against university policy.
Will the NDSU administration follow through on this clear breech of policy? I’m going to contact them and ask. I’ll keep you all posted.
On a related note, I contacted a few legislators yesterday and spoke with them about the loophole in state law that’s allowing this sort of political activity to take place. Every one I talked to was supportive of legislation to close the loophole. Rep. Dan Ruby of District 38 was particularly interested in seeing something done.
