POCATELLO - Residents who contend local school district officials have violated federal law by allegedly campaigning for passage of a supplemental levy have no recourse but to file a lawsuit, officials said Friday.

Ralph Lillig, of Pocatello, has alleged a letter sent home with School District 25 students in January informing parents about the Feb. 10 levy election crosses the line from informative to persuasive, and in doing so, violates the 1939 Hatch Act. He opposes passage of the two-year levy and wants the election postponed until the State Department of Education or Attorney General's Office can investigate his allegations.

The Hatch Act covers executive branch state and local employees who are "principally employed in connection with programs financed in whole or in part by loans or grants made by the United States or a federal agency."

It further states in the prohibited activities section that covered employees may not "use official authority or influence to interfere with or affect the results of an election or nomination."

When contacted, Bannock County Prosecutor Mark Hiedeman referred the Journal to the Idaho Secretary of State's office, which referred the matter to the Idaho Department of Education.

"The State Department of Education doesn't play a role in that," department spokeswoman Melissa McGrath said. "If (a resident) is concerned, he or she should seek legal counsel and address that with the local school district or with the local courts."

Other residents raised similar concerns about District 25 Superintendent Mary Vagner's presentations to staff regarding the levy.

District spokeswoman Shelley Allen declined to comment Thursday about a recording of one such presentation, but Vagner said the letter to parents is standard procedure whenever the district needs to communicate with them.

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