Yesterday I posted about an email and flyer sent out by NDSU Department of Communications chairman Paul E. Nelson using the university’s email system.  That email and flyer instructed his subordinates and students to oppose state ballot measures 1 (oil trust fund) and 2 (50% cut in state income taxes).

Today I spoke with Keith Bjerke in NDSU’s public affairs office.  By the time I spoke with Keith he’d already heard of this issue and spoken with the legal counsel for the state board of higher education.  Basically, the board of higher education has come out in opposition to measures 1 and 2 and has encouraged professors like Dr. Nelson to exert their influence in the university system to defeat the measures.

This is legal, because the law against using taxpayer resources for political purposes (Section 16.1-10-02 of the North Dakota Century Code) defines “political purposes” as advocacy against a candidate or a political party and doesn’t mention ballot measures at all.

Which seems like a rather sketchy loophole to me.  It seems that the spirit of the law, which states that state resources should not be used for any political purpose, is being violated here if not necessarily the letter of the law.

And certainly the technical legality of these actions is no commentary on the ethics of these actions.  Is it ethical for high-ranking university officials to use their influence over their subordinates and students to oppose or support certain political issues?  Let’s remember that 21% of the state’s labor force works for the government.  That’s a powerful voting bloc with an interest, for the sake of their own salaries and department budgets, in keeping government big and taxes high.

If we let all those government employees start using state resources to oppose initiated measures put on the ballot with the support of tens of thousands of citizens we have an unfair situation.

Everyone has a right to their opinion.  Everyone has a right to free speech.  But government employees don’t have a right to use the taxpayers’ resources to oppose the taxpayers on certain political issues.