PHOENIX (AP) - The state Attorney General’s Office is having second thoughts about its advisory opinion that said Arizona officials could use public resources to educate the public about ballot measures.
Attorney General Mark Brnovich’s office on Thursday withdrew the May 4 opinion that was requested by two prosecutors who oppose a marijuana legalization proposal.
The prosecutors, Maricopa County Attorney Bill Montgomery and Yavapai County Attorney Sheila Polk, wanted guidance on what they could do in their official capacities now that supporters of the marijuana legalization proposal have formally launched a ballot initiative campaign to put the issue on the November 2016 ballot.
The opinion said officials could use public resources to educate the public about ballot measures, but it said officials cannot urge that people vote in a particular matter.
Critics of the opinion said public officials may view it as opening the door for them to influence voters and seek to change the outcome of elections, the Arizona Capitol Times (https://goo.gl/z1D3zW ) reported.
The opinion “makes it easier for government-funded propaganda to take place in Arizona,” said Kory Langhofer, an election attorney.
Christina Sandefur, vice president for policy for the Goldwater Institute, said the opinion doesn’t take into account laws enacted in 2013 that restrict the use of public resources to influence elections.
Attorney General’s Office spokesman Ryan Anderson said the office takes the criticism seriously. “We are internally reviewing this opinion to make sure that we protect the First Amendment rights of public officials while ensuring that we are protecting taxpayer dollars,” Anderson said.
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