February 11, 2003
To: Candidates for AAUP Council Positions
AAUP State Conference Presidents, Executive Officers, and Newsletter Editors
AAUP Collective Bargaining Chapters
Members of the AAUP Council
From: Election Committee
David M. Rabban, chair
Estelle S. Gellman
Michael P. Sampson
Subject: AAUP Election Bylaws and Election Activities by Conferences and Chapters
As most of you are doubtless aware, another AAUP election is nearly upon us, this one to elect individuals for AAUP Council positions. Ballots will be sent to all eligible voters—those active members whose current-year’s dues are paid as of February 1, 2003—by third‑class mail on or about March 1; returned ballots are to be postmarked not later than April 30. The ballots will be counted on or about May 7. We are hopeful that this will be an uneventful election, but we think it important to remind you that the Association's election bylaws govern election activities within the AAUP. The bylaws state, inter alia, that "No . . . Association funds shall be expended in support of any candidates. This prohibition against the expenditure of Association funds shall extend to the funds of the Association's chapters and conferences. Chapters and conferences may publish the statements of the candidates in their own newsletters and may solicit and publish additional state-ments provided that all candidates are afforded an equal opportunity to prepare such statements. With respect to candidates for Council, chapters and conferences need publish only the statements of the candidates running in their respective districts."
Among the permitted activities for chapters and conferences are:
1) Publishing, if they wish, biographical information, photographs, and statements
requested from all the candidates in a Council race;
2) Reminding members that the ballots in this election will be mailed on or about
March 1, and that their returns need to be postmarked by April 30;
3) Mentioning in a newsletter the names of all the candidates in a race;
4) Sponsoring a forum at which all the candidates in a race may present remarks;
5) Running paid ads supporting or opposing any candidate, if paid advertising
typically appears in a chapter or conference publication.
Among the prohibited activities for chapters and conferences are:
1) Endorsing any candidate;
2) Using a chapter or conference publication to support, or oppose, any candidate
either explicitly or through excessive individual coverage;
3) Using chapter or conference resources (for example, secretarial or other staff
assistance or photocopy machines) to support, or oppose, any candidate.
These permitted and prohibited activities apply to all components of the Association. Personal non‑ Association funds may be used for mailings, advertisements, or other activities supporting or opposing candidates. The attached analysis, prepared in the Association's legal office, offers further examples about permitted and prohibited activities, especially with regard to chapter and conference publica-tions. Please note that the document takes no position on the formal applicability to AAUP of the Landrum‑Griffin Act but rather discusses cases under the Act in interpreting our own rules.
One subject not addressed in the analysis is the use of the Association's General Listserv, which has been the source of considerable controversy during previous elections. It is our view, consistent with opinions expressed by members of the Council, that the Listserv should be considered a public forum in which communications by individuals are not subject to the Association's election rules. This does not imply that chapters and conferences can use the Listserv to engage in activities that are otherwise prohibited under the election bylaws, in particular, endorsing or opposing any candidate. The prohibit-tion against the use of Association resources to support or oppose candidates expresses a general rule applicable to all fora, electronic or not. Local, state, and national staff members, because they are compensated from Association resources, are also constrained from using the Listserv to support or oppose candidates. The same strictures apply to other Listservs that are connected with the AAUP.
The deadline for candidates by petition is February 15. There are currently no petition candidates. We will notify you immediately if any such candidates emerge.
Should you have any questions about the content of this memorandum, or about any election issues that come to your attention in the next few months, feel free to contact us through Robert Kreiser in the Washington office. He can be reached by telephone (800‑424‑2973, ext. 3026), FAX (202‑737‑5526), or e‑mail (bkreiser@aaup.org).