Political Activity and Public Advocacy on Campus: Guidelines for Fall 2024

Political campaign activity can include, among other things, solicitation of campaign contributions; advocating, volunteering, or working for candidates, political parties, or political action committees; and advocating a particular position on a referendum. Further, employees and supervisors should be aware that comments regarding the specific actions, positions, or records of a particular candidate may be perceived as support or endorsement by the institution of a particular candidate or political party.

There are other “political” activities that might not fall within the scope of “political campaign” activities as discussed in this guidance. For example, advocating for governmental action or legislative change at a local, state or federal level may be political although not related to a political campaign. While this guidance does not cover those activities in detail, because of restrictions on state lobbying and personal use of state resources, individual employees should not use state work time or state resources to engage in political activities or activism unless expressly designated with this responsibility within their job description. Faculty and instructional staff should consult guidance below from the Office of the Provost related to acceptable classroom activities.

Yes. As a university employee, your political campaign activities are restricted by state law and Regent policy in three significant ways:

1. You may not engage in political campaign activities during your work time;
2. You may not use state resources to engage in political campaign activities at any time; and
3. You may not solicit contributions or services for a political purpose from other university employees while they are engaged in their official duties. Wis. Stat. § 11.1207.

State resources include, but are not limited to, the following:

• institutional letterhead and logos
• office space and other facilities
• office supplies
• photocopiers
• telephones or facsimile machines
• electronic resources including email, websites, online discussion boards, virtual conferencing platforms, cell phones, computers, or other similar resources

As a private citizen, the First Amendment protects your right to engage in political activity on your own time and with your own resources.

Yes, but this may affect your employment. Wisconsin law provides that no elective state official may hold any other position or be retained in any other capacity with any other state agency when the official is paid for his or her service with that agency. Wis. Stat. § 16.417(2)(b). There are narrow exceptions for unpaid positions. The Universities of Wisconsin Administration and its constituent colleges, universities and extension service is a “state agency,” and therefore an individual elected to state office may not hold a paid position in the Universities of Wisconsin.

While a university employee may run for office, the law prohibits them from holding a paid position at the university while serving in an elective state office. Check UW–Madison’s policies regarding leaves of absence to engage in public service (UW-5053).

Employees who wish to run in a primary election or who become a candidate in a general election should consult with their supervisor, the Office of Human Resources, and the appropriate divisional dean or director to determine whether their campaign activity will interfere with performance of their university duties. A reduced appointment or a leave of absence may be necessary for the duration of the campaign if the activity produces adverse effects on performance of job duties.

Service as an elected official on off-hour demand activities (e.g., school boards, city councils, county boards, or local, state or national commissions) would not normally require a reduced appointment or leave of absence but will require the use of vacation/personal holiday time to cover any activities during the workday.

Yes. This is permissible if you do so on your own time and do not use state resources in connection with the event. In addition, you may not promote the fundraiser or engage in fundraising activities on state time, or in state office buildings. See Wis. Stat. § 11.1207.

No. You may not use your university position to secure an on-campus conference or meeting room for the purpose of political campaign activities. However, an organization you are affiliated with may rent campus facilities consistent with the university’s facility rental policies that govern such use other private organization. Note that state law strictly prohibits the use of state facilities for political fundraising. See Wis. Stat.§ 11.1207(3); See also, Section II.1, below.

Yes, but contributions must be made with personal funds, outside of work hours and university buildings, and may not take place with university-owned resources, such as cell phones, and computers. The use of university funds, including the use of purchasing cards for charging contributions to campaigns, is expressly prohibited. All Universities of Wisconsin employees, including legislative liaisons and other employees who attempt to influence legislation, may contribute to and participate in political campaigns outside of work hours during the election cycle. Campaign contributions cannot be solicited or collected on state time or in state office buildings. See Wis. Stat.§ 11.1207; Wis. Admin. Code § UWS 21.

Yes. However, employees should be careful about using their official title to promote a political candidate or viewpoint. Generally speaking, when using your name and official title, you should be clear that the use of your name indicates neither support nor endorsement by the university of a particular candidate and that you are acting solely in your role as a private citizen.

No. It is a violation of state law for university employees to engage in political campaign activities while at work; this includes while university employees are working remotely and onsite (headquarter location). Consistent with this principle, the State Office of Employment Relations has previously advised that state employees are prohibited from “the wearing of a political identification while on duty where it could impair the effectiveness of the state agency operation.” See DPM-0433-MRS State Employee Political Activity (Classified Civil Service). While the university operates under its own personnel system rather than OSER, UW–Madison also prohibits university employees from wearing any political identification while on duty where it could interfere with the effectiveness of the university’s operation. Be advised that other displays, including but not limited to stickers and buttons must also be removed when the university determines that they disrupt the work or educational environment. The same goes for displaying partisan political signs that advocate for a candidate, political party, or referendum outcome in a current election in the workplace, regardless of whether onsite (headquarter location) or working remotely. Wisconsin Administrative Code UWS section 18.08(9), provides that no person may erect, post or attach any signs, posters, pictures or any similar item in or on a university building, except as authorized under institutional policies. Employees in remote work settings should ensure that such political signs are not visible in work-related videoconferencing or other virtual meeting platforms. See Section II.5, below, for guidance on the posting of political signs in residence hall rooms.

Employees may display bumper stickers on privately-owned vehicles parked in university parking facilities. Such activity is not prohibited.

Faculty and staff should be attentive to power disparities and the appearance of coercion when they engage other members of the University community in their political and advocacy activities. This is particularly true when speaking with students. Such activities must not interfere with the fulfillment of an employee’s responsibilities to the University or be conducted at the expense of the University.

Yes, though such activities should not interfere with the fulfillment of an employee’s responsibilities to the university and must not disrupt university operations. Employees must ensure they share accurate, non-partisan, content-neutral information. Please refer your coworkers and students to vote.wisc.edu for additional information.

BadgersVote provides central coordination for all university-sponsored voter registration efforts on our campus.

Attendance at protests, rallies or assemblies occurring on campus on work time is only permissible if attendance is related to your job duties (e.g. a journalism instructor guiding a class to observe and cover a protest). Attending protests, rallies or assemblies during an unpaid break is permissible, but absences from the workplace (lab, office or classroom) that extend beyond an individual’s break time require use of leave time consistent with university policy. Official university business should not be conducted during such events unless explicitly tied to your job duties.

Yes. Political events may be sponsored by recognized student organizations under certain circumstances. Representatives from registered student organizations should reach out to the Center for Leadership & Involvement (CfLI) or the Campus Event Services Office to discuss plans and ensure compliance with Universities of Wisconsin policies on use of university facilities, Wis. Admin. Code UWS § 21.03, and applicable institutional policies.

State law strictly prohibits the use of state-owned buildings for political fundraising. See Wis. Stat. § 11.1207. In addition, student organizations that have federal tax-exempt status may be subject to additional restrictions on political activity. See IRS Publication “Election Year Issues” (http://www.irs.gov/pub/irs-tege/eotopici02.pdf).

No. In accordance with UW System Administrative Policy Segregated University Fees (820) and consistent with campaign finance law, student groups may not use segregated fees or university resources to make direct gifts, contributions, or donations of any kind. See UW System Administrative Policy 820.

Generally, no. As discussed above, student organizations may not use segregated fees or university resources in a manner that would constitute making a direct gift, contribution, or donation of any kind. Accordingly, if the funding of these materials constitutes a gift, contribution or donation to a candidate or party, it would not be permitted. See UW System Administrative Policy 820. Student organizations may, however, use segregated fees to support their own expressive activities and views on public policy issues and other interests.

Questions about appropriate uses of segregated fees should be referred to the Center for Leadership & Involvement (CfLI) or the Office of Legal Affairs.

Yes. Registered student organizations may help educate and inform students about upcoming elections, including urging students to exercise their right to vote. Registered student organizations are encouraged to contact BadgersVote to coordinate such efforts. Registered student organizations are also free to express their views about the parties and candidates, and to urge voting for particular parties or candidates, and–as noted above–to sponsor events for candidates so long as they comply with rules governing the use of university facilities, segregated fees, and university resources.

Again, please note that state law strictly prohibits the use of state-owned buildings for political fundraising. See Wis. Stat. § 11.1207. In addition, student organizations that have federal tax-exempt status may be subject to additional restrictions on political activity. See IRS Publication “Election Year Issues” (http://www.irs.gov/pub/irs-tege/eotopici02.pdf).

Yes. So long as you comply with university and residence hall policies governing the posting of signs in dormitory rooms, and any other applicable time, place, and manner restrictions, such activity would be permissible. See, Wis. Admin. Code UWS § 18.08(9).

No. State law strictly prohibits the use of state facilities for political fundraising. See Wis. Stat.§ 11.1207(3).

UW–Madison departments and divisions may host non-partisan events to encourage voter education and participation, such as candidate forums. These activities must be non-partisan and for the sole purpose of voter education. If candidates are invited to campus, all legally qualified candidates must be invited and given an equal opportunity to speak and participate. Please notify Matt Olson in the Campus Event Services Office before inviting a candidate to campus.

BadgersVote provides central coordination for all university-sponsored voter registration efforts on our campus.

Permissible activities include speeches, question-and-answer sessions, debates, or similar activities. A statement should be given that the university does not endorse nor oppose any of the candidates. The Universities of Wisconsin policy on the use of university facilities, Wis. Admin. Code UWS § 21, and relevant institutional policies apply. Please note that state law strictly prohibits the use of state-owned buildings for political fundraising. Wis. Stat. § 11.1207.

Electronic resources may also be used for non-partisan voter education purposes. For example, a university web page with current election information may include a link to candidates’ websites if the web page includes all legally qualified candidates and excludes any commentary in support or against a candidate, express or implied. Again, a statement should be included that the university does not endorse nor oppose any of the candidates. If discussion space is provided, the university should include a disclaimer that the opinions expressed on the discussion board do not represent those of the university. Websites used for voter education purposes should be regularly monitored to ensure that they are not modified for the purposes of advocating for a particular candidate or political party.

Yes. Providing equal opportunities for all candidates is required. For example, all campaigns of candidates seeking election to the same political office should be offered the same or a similar opportunity to participate in a university-sponsored event. However, if when offered the opportunity, one or more candidates decline, it is still appropriate to host the event for those who have accepted the invitation. During the event, the event organizer must make a statement indicating that all candidates were provided with an equal opportunity to participate.

It should be noted that the same principle does not necessarily apply to candidates who speak to a class at the invitation of an instructor. For example, a professor who invites a Republican candidate to speak to a class on the history of the Republican Party is not obligated to invite the legislator’s Democratic opponent. The invitation, however, should relate to the course material and should not be for the purpose of advancing one political candidate over another.

Yes. This activity and other expressive activities are allowed on campus subject to the university’s policies governing time, place and manner restrictions.

Please consult University Housing’s resources for more information about distributing literature and campaigning in residence halls.

Yes, to the extent that this information is available to the public through the public records request process.

The general rule is that the university can offer hospitality for those currently holding office when the university-sponsored function is deemed to primarily benefit the Universities of Wisconsin and the State rather than to a particular legislator or party. Accordingly, there should generally be no charge to state legislators or officials who attend such campus receptions. However, care should be taken to comply with applicable ethical and legal requirements (see generally, Wis. Stats. §§ 19.45(3m) and 19.56(3)), including restrictions on the use of federal funds for lobbying purposes and limits on the circumstances in which legislators and state officials may receive hospitality such as food or athletic tickets in connection with events or parties hosted by a campus.

No. UW–Madison may not offer leased office space for elected officials or political campaigns at the local, state, or federal level since it is inconsistent with the institution’s missions and facilities use guidelines, which limit facilities use for organizations that are not associated with an institution. However, such elected officials or candidates may rent on-campus conference or meeting rooms for the purpose of political campaign activities as described in Section II.1.

At UW–Madison, we believe that the ability to exchange, consider, and challenge different ideas is central to the educational process. UW–Madison instructors are entitled to academic freedom. This means that they have broad discretion to conduct research and publish results. It also means that instructors have broad discretion in the classroom when discussing the subject of the course they are teaching. UW–Madison courses are designed for students’ learning and intellectual growth. Courses are not appropriate spaces for political advocacy.

Course activities – including discussions – should be designed to help students achieve course learning outcomes. In many courses, the discussion of political issues is not germane, and so should be avoided. In some circumstances in certain courses, the discussion of contentious political issues may be relevant to course learning outcomes. In such cases, instructors may choose to have students debate those issues, and they may decide to share their own views for pedagogical purposes (e.g., modeling civil discourse). In doing so, instructors should be mindful of the power differentials at work. Instructors’ sharing of their own political views should neither be nor give the appearance of being for purposes of advocacy or persuasion. If political issues are to be discussed in a course, instructors are responsible for ensuring that all points of view on the issue are welcome in the discussion. See No. 5 below for tips on helping direct difficult discussions.

UW–Madison’s commitment to academic freedom affords instructors broad discretion when determining and engaging in topics of discussion during the courses they teach. This includes, for example, choosing course readings, designing course activities, and creating course assignments. This does not include expression of views on matters not germane to course content or advocacy based on the instructor’s personal political views.

The academic content of a course is determined and approved through the university’s course proposal governance process and is reflected in the course description and course learning outcomes. Course descriptions and course learning outcomes are available in Guide or Lumen and should be included on course syllabi distributed to students at the beginning of the course.

Yes. Instructors are allowed to impose content-neutral restrictions on the time, place, and manner in which students may engage in discussion during class. Instructors may also limit the subject matter that may be discussed in a course. This means instructors can dictate the time and length of a class discussion and its general subject matter. They can also choose to lecture without interruption, not permitting questions or encouraging discussion.

In courses where political and/or controversial issues are not germane to the subject matter, instructors may decline to allow discussion of them. When difficult or controversial events occur, instructors may wish to acknowledge the potential impact of those events and, as appropriate, remind students of relevant University support resources before shifting to focus on course material. However, in many courses, the discussion of political and/or controversial issues and events is not germane, and so should be avoided.

In the event a political or controversial issue or event is relevant to the course material and learning outcome an instructor designates a period of time for class discussion on that topic, students may express opinions on the subject matter of the class even when some, or many, disagree with those opinions. Instructors maintain discretion to assess the academic quality of student comments and control the discussion parameters. In addition, students may not engage in speech or expressive conduct that disrupts the class or other University functions.

To learn more about preparing for and responding to teaching challenges, please refer to this guidance from the Center for Teaching, Learning & Mentoring.

Proposals to create new courses or change existing ones are initiated at the department level. The approval process flows through school/college curriculum committees and the University Curriculum Committee. Instructors create their own syllabi, selecting course materials and assignments. There is not, and cannot be, a centralized review of all syllabi before or after courses are taught. Per syllabus guidance to instructors, however, required syllabus components include the course title, course description, and course learning outcomes as approved by established governance processes. These required, governed course components set the context for determining what topics are “germane” to the academic content of a course.

No. Class sessions are to be offered at the dates and times and in the modality and location indicated in the official schedule of classes. Per Policy UW–808, “No member of the faculty shall be absent from their classes or other regular duties at the university except by the permission of the chancellor or appropriate dean.”   In some cases, observation of a political event (e.g., a rally on campus) may be germane to course material, but instructors may not require students to participate in any political event or activity as part of course activities or assignments.

Instructors may encourage students to vote or generally to be politically active. Instructors may not, however, use their position to influence or attempt to influence the content of students’ political activity by, for example advocating that students vote for a particular position or that they attend and participate in a particular demonstration or protest.

Students with concerns related to political expression during class time should first attempt to discuss their concerns with the instructor. If this is not possible or satisfactory, students may raise their concerns to the chair of the department in which the course is offered; the relevant academic dean’s office; the Dean of Students; or the Vice Provost for Teaching and Learning. Students may also choose to file a bias report through the Office of Student Assistance and Support.

When a concern is raised related to activity during a class time, university officials first work to understand, address, and resolve the concerns through informal processes of conversation, consultation, and communication with the parties involved, as possible and appropriate. Examples include but are not limited to: bringing concerns to the awareness of instructors to understand relevant context and choices, facilitating conversations between instructors and the impacted student(s) to build mutual understanding, and providing class-specific or general communications affirming university principles and expectations.

When identified concerns relate to matters that are outside the scope of an instructor’s academic freedom or informal processes are not viable or effective, the university may address concerns via more formal processes.

While cases and circumstances vary, the university will work with those involved to acknowledge the concerns of those impacted and to indicate – as appropriate and possible given privacy and legal constraints – any ameliorative actions taken.