Kentucky school district accused of illegal electioneering for opposing ballot initiative on its websites, social media

A school district in Kentucky is backtracking after opposing a constitutional amendment on November’s ballot that, if passed, could pave the way for school choice legislation in the future.

The “vote no” graphics, posted to official school websites and social media accounts of the Pulaski County Schools district, amount to illegal electioneering, critics say.

On November 5, Kentuckians will be asked to vote on Amendment 2, which would allow for the passage of legislation to “provide financial support for the education costs of students in kindergarten through 12th grade who are outside the system of common (public) schools by amending the Constitution of Kentucky.”

However, public school districts, as government entities, are not allowed to use district resources to advocate for or against legislation or ballot measures according to state law. 

School choice advocate Corey DeAngelis broke the news of the district’s actions on Sunday on X.

“BREAKING: A public school district in Kentucky used their official account to advocate against a school choice ballot measure,” Corey DeAngelis posted. “This electioneering might be illegal.”

The post included a screenshot of a graphic which reads “no on amendment 2” and “public funds for public schools,” which is prominently displayed on the Pulaski County Schools’ website.

“UPDATE: Every school in the district posted it on their official websites. This looks illegal. [Kentucky Revised Statute] Section 65.013: ‘Tax dollars not to be used to advocate for or against public question on ballot,’” DeAngelis posted Monday, referencing state law. 

DeAngelis wasn’t the only one to suspect the infraction. Raising Voices, a Facebook group dedicated to promoting Amendment 2, explained the extent of the district’s electioneering.  

“The electioneering happening in Pulaski School District continues to get worse.  

“Not only have they posted campaign materials on their main Facebook page, but also on their website, and on every single school’s website. Two of those schools also shared the posts on their school [Facebook] page.  

“To make matters worse, they’re also sharing false information from kypolicy.org, which is a biased organization that opposes A2. … 

“The law is clear; public dollars may NOT be used to sway elections!!” 

Tuesday, Kentucky Attorney General Russell Coleman announced his office is investigating, and later released a public advisory “reminding them that public resources must not be used to campaign for or against the proposed constitutional amendments on the ballot this November.”

By Wednesday morning, the district reportedly reversed course and took down the campaign messaging:

Teachers’ unions and the educational establishment often claim school choice legislation would harm public schools by taking away funds. Advocates for educational freedom argue such measures actually give more choices to parents and create healthy competition for education. 

“The challenge is what school choice is and what it’s not. It is not about eliminating our public education system,” Jim Waters, president of the Bluegrass Institute for Policy Solutions, told WVXU. “It’s about improving our education system and offering alternatives to parents who need something different for their children.”