Jim Yavorsky asks:

"Parent Teacher Organizations or PTO's are nonprofits, but often have events at voting locations. PTOtoday.com has published articles advocating this as a way to get voters who would vote "yes" on school budgets to the poling place. My local school budget vote was held at the school itself while the PTO was having their annual "Ice Cream Social" there. This would seem to be a voting irregularity equivalent to a political rally at the poling site. A nonprofit opposed to the budget, such as AARP, would never be allowed to use the same facilities during a vote. Is it legal?"


The short answer is yes. The longer answer is yes, however. . .

It is not legal to advocate for or against anything on a ballot in the actual "polling place" (and often for a set distance from the polling place), but definitions of "polling place" vary. It is perfectly legal, however, to hold a political rally of any type outside of what is legally considered to be a "polling place." In this case, a meeting taking place in the same building where voting is happening probably does not count as taking place in the "polling place."

Assuming that the actual ballots or voting machines are set up in the school gym, and the meeting takes place in the cafeteria, as long as the cafeteria is out of the area considered to be the "polling place," the meeting is perfectly legal. Of course, different jurisdictions have different ideas of what a "polling place" is, with some considering it to be the actual room, and others banning any electioneering within 200 yards of the voting.

Even if the meeting is taking place in the area considered to be the "polling place," it can still be legal but there can be no explicit mention of any issues on the ballot. Attendees can be encouraged to go vote, however.

While Charities (501(c)(3) organizations) are forbidden from any electioneering activity (encouraging people to vote for or against a specific candidate), they are allowed to advocate for against ballot initiatives (such as school budgets). As long as they stay out of the area that is specifically considered the "polling place," they are free to advocate on any issue they'd like.

The issue of other organizations using the school during a vote is a whole other can of worms. School districts each make their own rules as to who is allowed to use their facilities, which can sometimes stir up controversy (as in the case of the Boy Scouts). If the AARP meets the guidelines for an organization who is allowed to use the school facilities, there should be nothing preventing them from holding a meeting similar to the PTO's, even on an election night. Neither organization would be allowed to advocate for or against anything on the ballot while within the "polling place," as designated by the board of elections.