California Codes

Cal. Government Code § 54964 (2026)

✓ current as of May 2026

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(a)An officer, employee, or consultant of a local agency may not expend or authorize the expenditure of any of the funds of the local agency to support or oppose the approval or rejection of a ballot measure, or the election or defeat of a candidate, by the voters.

(b)As used in this section the following terms have the following meanings:

(1)“Ballot measure” means an initiative, referendum, or recall measure certified to appear on a regular or special election ballot of the local agency, or other measure submitted to the voters by the governing body at a regular or special election of the local agency.

(2)“Candidate” means an individual who has qualified to have his or her name listed on the ballot, or who has qualified to have write-in votes on his or her behalf counted by elections officials, for nomination or election to an elective office at any regular or special primary or general election of the local agency, and includes any officeholder who is the subject of a recall election.

(3)“Expenditure” means a payment of local agency funds that is used for communications that expressly advocate the approval or rejection of a clearly identified ballot measure, or the election or defeat of a clearly identified candidate, by the voters. “Expenditure” shall not include membership dues paid by the local agency to a professional association.

(4)“Local agency” has the same meaning as defined in Section 54951, but does not include a county superintendent of schools, an elementary, high, or unified school district, or a community college district.

(c)This section does not prohibit the expenditure of local agency funds to provide information to the public about the possible effects of a ballot measure on the activities, operations, or policies of the local agency, if both of the following conditions are met:

(1)The informational activities are not otherwise prohibited by the Constitution or laws of this state.

(2)The information provided constitutes an accurate, fair, and impartial presentation of relevant facts to aid the voters in reaching an informed judgment regarding the ballot measure.

(d)This section does not apply to the political activities of school officers and employees of a county superintendent of schools, an elementary, high, or unified school district, or a community college district that are regulated by Article 2 (commencing with Section 7050) of Chapter 1 of Part 5 of the Education Code.

Notes of Decisions

Cited in 5 cases (1 in the last 5 years), 2008–2021 · leading case: Vargas v. City of Salinas, 205 P.3d 207 (Cal. 2009).

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Vargas v. City of Salinas, 205 P.3d 207 (Cal. 2009). · cites it 4× “" Relying upon the language of a statutory provision enacted subsequent to the Stanson decision that explicitly prohibits a local agency's expenditure of funds with regard to "communications that expressly advocate the approval or rejection of a clearly identified ballot…”

Santa Barbara Cnty. Coalition Against Auto. Subsidies v. Santa Barbara Cnty. Assn. of Governments, 167 Cal. App. 4th 1229 (Cal. Ct. App. 2008). “Government Code section 54964, subdivision (a) provides that an “officer, employee, or consultant of a local agency may not expend or authorize the expenditure of any of the funds of the local agency to support or oppose the approval or rejection of a ballot measure, or the…”

Fleming v. Superior Court, 10 Cal. Daily Op. Serv. 5894 (Cal. Ct. App. 2010). “” Government Code section 54964 provides in part: “(a) An officer, employee, or consultant of a local agency may not expend or authorize the expenditure of any of the funds of the local agency to support or oppose the approval or rejection of a ballot measure, or the election or…”

Kurt Daims & Craig Newbert v. Town of Brattleboro, 2016 VT 55 (Vt. 2016). “14 (2015); Cal. Gov. Code § 54964 (2001); Colo. Rev.”

Pini v. Fenley CA3 (Cal. Ct. App. 2021). · cites it 2× “” Government Code section 54964, subdivision (a), provides that “[a]n officer employee, or consultant of local agency may not expend or authorize the expenditure of any of the funds of the local agency to support or oppose the approval or rejection of a ballot measure, or the…”

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