California State Library general counsel Paul Smith has jumped into the debate about whether libraries can display GOP gubernatorial candidate Meg Whitman's 48-page policy booklet, which her campaign has said it is sending to some 1,400 libraries statewide. In a press release, Whitman even asked libraries to display the booklet in its periodicals section.
Smith's verdict: Libraries can indeed display Whitman's booklet and other campaign materials.
State government code section 8314 only prohibits using public resources for campaign activity that constitutes a contribution, which section 82015 defines as a "payment," Smith said. Displaying campaign material given to a library at no cost does not constitute such a payment, he said.
"It appears to me that providing space for campaign literature would not constitute a campaign activity as defined by this section," Smith said.
The state library has no jurisdiction over individual libraries but administers federally funded library programs and state monies to build libraries.
Rival candidate Steve Poizner's campaign suggested to the Los Angeles Times that state law prohibits libraries from displaying the campaign booklet.
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