May UC make available on request the results of its objective evaluation of a ballot measures impact?
Yes. Indeed, UC is normally required to make its information available to the public on request under the California Public Records Act. • Under what circumstances may the University, on its own initiative, distribute information concerning the impact of a ballot measure? University resources may be used under circumstances where the distribution is consistent with legitimate informational and not campaign purposes. There is no hard and fast rule for judging whether a communication is informational or promotional. Material which exhorts voters to “vote yes” is, of course, promotional; however, documents which do not contain such exhortations may nonetheless be considered promotional. Some of the factors courts look at in determining whether a publication or mailing is a “fair presentation of the facts” are the style, tenor and timing of the piece. Informational communication must state facts and arguments on both sides of the issue. The courts will look more favorably on such communica
