Political Activity on Campus
As election season is underway, we are providing guidance on the rights and responsibilities of UT Dallas employees as it pertains to political activities while on campus. Should specific situations not covered within the below summary arise, please contact the UT Dallas Office of Government and Community Relations or the Office of Legal Affairs for assistance.
State law recognizes that state employees have the rights of freedom of association and political participation guaranteed by the federal and state constitutions, except as restricted by law. The general restrictions on political activities for state agencies and employees are found in Chapter 556, Government Code, and further defined by the UT System Board of Regents Rules and Regulations (pdf).
Those principal restrictions are as follows:
- UT Dallas may not use any money under its control to finance or otherwise support a person’s candidacy.
- A state officer or employee may not use official authority or a program administered by UT Dallas to interfere with or affect the result of an election or nomination of a candidate or to achieve any other political purpose.
- A state officer or employee may not coerce or restrict contributions to a person or organization for political purposes.
Freedom of speech and assembly are basic rights. However, these activities are subject to the well-established right of institutions of higher education to regulate the time, place and manner in which these activities will be conducted so that they do not intrude upon or interfere with the academic programs and administrative processes of UT Dallas.
Use of UT Dallas Resources in Candidate Elections
UT Dallas employees:
- May not use UT Dallas letterhead, computer hardware or software (including email), copiers, faxes, telephones, or other resources or services to support or urge a vote for or against a candidate (even minimal or incidental use is prohibited);
- May not use an internal mail system to distribute political advertising;
- May not engage in activities supporting or opposing a candidate during paid work time unless accrued compensatory or vacation time is used or a leave of absence without pay is granted for this purpose; and
- May not use public funds to make political contributions to a candidate or political committee or coerce employees or other persons to make or not make political contributions.
However, it is permissible for an officer or employee to:
- Support or oppose a candidate on the officer’s or employee’s own time, as long as it is clear that the officer or employee is speaking in a private capacity and not speaking on behalf of UT Dallas; and
- Use personal funds to make a political contribution to a candidate or political committee.
Use of UT Dallas Facilities by Candidates and Political Organizations
Despite the state law restrictions on the use of public resources for a political purpose, there are instances in which institutional facilities may be used by candidates and political organizations.
Registered Organizations
The most common way for a candidate or political organization to appear on campus is by invitation from a registered student organization, although faculty or staff organizations and Student Government may also present off-campus speakers.
Under these rules and policies, the registered organization:
- Must retain control over the event and may not be a “front” for an off-campus person or organization;
- May not jointly sponsor the event with an off-campus person or organization; and
- Must make it clear that the organization, and not UT Dallas, invited the speaker and that the views expressed do not represent the views of UT Dallas.
Registered student, faculty or staff organizations that receive state funds from any source may not request others to vote for or against a candidate (Rule 80103, Section 2.24 (pdf)). A registered student, faculty or staff organization that does not receive state funds from any source may engage in these activities, subject to institutional time, place and manner restrictions. However, faculty or staff members or student employees may not conduct these activities during paid work time.
Special Use Facilities and Institutional Programs
UT Dallas has designated specific facilities as “special use facilities.” Among other things, these facilities may be used for political conferences and conventions. UT Dallas must charge market-based usage rates that, at a minimum, ensure recovery of the operating costs of the facility that are attributable to the use. No political fund-raising is allowed in special use facilities.
Use of UT Dallas Facilities by Officeholders
If a candidate is also a current officeholder and wishes to make a campaign-related appearance on the UT Dallas campus, the considerations applicable to a candidate’s use of institutional facilities will apply. If the appearance is not campaign-related but related only to the person’s officeholder status, you must ensure that no campaign-related activities occur at the event.
Photographs or Filming on Campus
A number of state laws and institutional policies govern photography or filming on campus. Unless permitted by other law, it is important to remember that you may not allow photography or filming for a political advertisement to occur on campus. If you are not sure about the intended use of the photograph or film, you should require clarification from the candidate or officeholder.
Use of UT Dallas Logos and Trademarks
The use of The University of Texas at Dallas logo or trademark in a political advertisement, whether filmed or printed, or for another political purpose, such as an invitation to a political fundraiser or political event or an event conducted by or on behalf of an officeholder, is not permitted, and you should not authorize any such use.
Additional Resources
State Law
- Chapter 556, Government Code – Political Activities by Public Entities and Individuals (pdf)
- Section 2203.004, Government Code – Requirement to Use State Property for State Purposes (pdf)
- Section 39.02, Penal Code – Abuse of Official Capacity (pdf)
UT System Board of Regents’ Rules and Regulations
- Rule 30103, Section 5 – Political Activities
- Rule 40501 – Speech and Assembly
- Rule 80101 – Category of Facilities and Authorized Users
- Rule 80103, Section 2.23 – Support of a Candidate or Proposition
- Rule 80104 – Use of Facilities
- Rule 80105 – Joint Sponsorship of the Use of Property or Buildings
- Rule 80106 – Special Use Facilities