In today’s Carolina Journal Exclusive, Donna Martinez writes about a City of Durham public television program that advocated in support of the Durham County half-cent sales tax increase for transit.
The city attorney argues that there’s nothing wrong with this because the city isn’t advocating for its own referendum.
In 2010, the legislature passed the following prohibition:
“A municipality shall not use public funds to endorse or oppose a referendum, election or a particular candidate for elective office.” See § 160A?499.3
There’s nothing ambiguous about this language. Nowhere does it say that the referendum has to be the city’s own referendum. It doesn’t say, for example, “a referendum, election, or a particular candidate for elective office in the municipality.”
If the legislature wanted to place such a restriction, it easily could have done so–there would be no reason to think that such a limitation would just be assumed.
Based on the plain language, Durham (the city) violated the statutory provision. It should take whatever correction actions are necessary.
