Government Publication Neutrality Act

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Policy Status

  • Type: Model Policy
  • Status: Draft
  • Date Introduced: July 23, 2026

Task Forces

  • Process and Procedures

    • Tags

  • 2026 Annual Meeting

    • Summary

    This Act restricts the use of taxpayer-funded government communications during the 30 days before an election. The Act is intended to protect taxpayers and voters by limiting the use of public funds for government communications that could influence an election in the final 30 days before Election Day. Under the Act, government publications that refer to a clearly identified candidate, levy, bond issue, or government finances are presumed to support or oppose the subject of the election and therefore may not be disseminated using public funds during that period. Major provisions of the Act include a 30-day blackout period on certain publicly funded government publications before an election.  The Act broadly defines “government publication” to include newsletters, advertisements, flyers, mailers, electronic communications, and other materials distributed to the public. The Act also includes several exceptions, including government websites that contained the information before the 30-day period began, communications required by law, and individual correspondence that is not distributed to the public. 
    Draft

    Government Publication Neutrality Act

    Section 1. Purpose and scope.  

    To prohibit certain government publications concerning candidates or ballot issues during the thirty days before an election.  

    Section 2. Definitions. 

     For purposes of this Act, the following terms have the following meanings:  

    • (A) “Political subdivision” means any body corporate and politic, except a municipal corporation that has adopted a charter under [STATE CODE] to which both of the following apply:  
      1. It is responsible for governmental activities only in a geographic area smaller than the state.  
      2.  It is subject to the sovereign immunity of the state.  
    • (B) “Cigarettes” and “tobacco product” have the same meanings as in [STATE CODE].  
    • (C) “Transaction” has the same meaning as in [STATE CODE].  
    • (D) “Campaign committee,” “campaign fund,” “candidate,” “legislative campaign fund,” “political action committee,” “political committee,” “political party,” and “separate segregated fund” have the same meanings as in [STATE CODE].  
    • (E) “Government publication” means a notice, placard, advertisement, brochure, flyer, direct mailer, newsletter, electronic mail message, internet article or advertisement, or other form of general publication that communicates information about the plans, policies, and operations of a state agency, political subdivision, or public official to members of the public. “Government publication” does not include either of the following:  
      1. Any official notice, report, or other communication that is required to be made under an applicable law;  
      2. Any official correspondence sent to one or more persons that is not sent to the general public.  

    Section 3. Authorized Government Publications. Except as otherwise provided in Section 4, the governing body of a political subdivision may use public funds to publish and distribute a government publication to members of the public within the political subdivision and to other persons who may be affected by the political subdivision.  

    Section 4. Prohibited Communications and Expenditures.  

    • (A) Except as otherwise provided in [STATE CODE], no governing body of a political subdivision shall use public funds to publish, distribute, or otherwise communicate information that:  
      1. Contains defamatory, libelous, or obscene matter;  
      2. Promotes alcoholic beverages, cigarettes or other tobacco products, or any illegal product, service, or activity;  
      3. Promotes illegal discrimination on the basis of race, color, religion, national origin, disability, age, or ancestry;  
      4. Supports or opposes any labor organization or any action by, on behalf of, or against any labor organization;  
      5. Supports or opposes the nomination or election of a candidate for public office, the investigation, prosecution, or recall of a public official, or the passage of a levy or bond issue.  
    •  (B) No governing body of a political subdivision shall compensate any employee for time spent on activity to influence the outcome of an election for the purposes described above.  

    Section 5. Prohibited Transactions of Public Funds.  

    • (A) No person shall knowingly conduct a direct or indirect transaction of public funds to the benefit of any campaign committee, political action committee, legislative campaign fund, political party, campaign fund, political committee, separate segregated fund, or candidate.  
    • (B) This section does not prohibit the utilization of any person’s own time to speak in support of or in opposition to any candidate, recall, referendum, levy, or bond issue unless otherwise prohibited by law.  

    Section 6. Election Period Government Publications.  

    • (A) The use of public funds, directly or indirectly, to disseminate, during the period beginning on the thirtieth day before the day of an election and ending on the day of the election, a government publication that refers to a clearly identified candidate for nomination or election at that election is considered to support or oppose the nomination or election of a candidate for public office in violation of Section 4(a)(5) of this Act and is considered a transaction of public funds to the benefit of a candidate in violation of Section 5(a) of this Act. A government publication refers to a clearly identified candidate if the candidate’s name, nickname, photograph, or drawing appears, or if the identity of the candidate is otherwise apparent through an unambiguous reference to the person such as “the chief justice,” “the governor,” “member of the [STATE] senate,” “member of the [STATE] house of representatives,” “county auditor,” “mayor,” or “township trustee” or through an unambiguous reference to the person’s status as a candidate.  
    • (B) The use of public funds, directly or indirectly, to disseminate, during the period beginning on the thirtieth day before the day of an election at which a levy or bond issue appears on the ballot and ending on the day of the election, a government publication that refers to the levy or bond issue or that refers to a state agency’s or political subdivision’s finances is considered to support the passage of the levy or bond issue in violation of Section 4(a)(5) of this Act and is considered a transaction of public funds to the benefit of a political action committee in violation of Section 5(a) of this Act.   
    • (C) Subsections (a) and (b) of this section do not apply to the official website of a state agency, political subdivision, or public official, so long as the website referred to the clearly identified candidate or to the levy or bond issue before the thirtieth day before the day of the election.  

    Section 7. Exceptions.  

    • (A) Nothing in this Act prohibits or restricts a political subdivision from:  
      1. Engaging in charitable or public service advertising that is not commercial in nature;  
      2. Advertising exhibitions, performances, programs, products, or services provided by employees of a political subdivision or at facilities owned or operated by a political subdivision;  
      3. Licensing an interest in a name or mark owned or controlled by the political subdivision.  

    Section 8. Penalties.  

    Whoever violates the prohibition on transactions of public funds shall be punished as provided in [STATE CODE].