86 N.Y.2d 225 (1995)

The use of public funds to produce and distribute campaign materials for a political party, candidate, or partisan cause violates Article VII, § 8(1) of the New York Constitution, which prohibits the use of state money to aid private entities.

Summary

Robert Schulz and others brought a citizen-taxpayer action alleging that state and local government officials misused public funds for private purposes, violating the New York Constitution. The Court of Appeals addressed three causes of action: (1) a school board’s distribution of promotional materials for a bond referendum, (2) the Governor’s office distributing a newsletter before an election, and (3) a violation of the plaintiffs’ federal constitutional rights. The court held that disputes regarding school district elections fall under the exclusive jurisdiction of the Commissioner of Education. However, the court found that the Governor’s newsletter, distributed at public expense, crossed the line into partisan political advocacy and, therefore, violated the state constitution.

Facts

The Commack Board of Education allegedly used public funds to distribute false promotional materials in favor of an $11.7 million bond proposition before a public referendum. Governor Cuomo’s Office of Economic Development published and mailed a newsletter entitled